USA TODAY US Edition

I’m making the most of my pardon and 2nd chance

We can remove obstacles to successful reentry

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On the very last day of 2014, I was pardoned by New York Gov. Andrew Cuomo for a crime I committed as a young man making bad choices. My pardon followed a state prison term of nearly seven years.

I know I was given the ultimate second chance, and I’ve used it to take care of my family, give back to my community and serve as an ambassador for those whose life experience­s resemble mine.

But most formerly incarcerat­ed people aren’t so lucky. As they struggle to reenter society, many face enormous challenges, including a criminal record that haunts them and exacerbate­s already daunting obstacles related to jobs, housing, health care and other vital dimensions of everyday life.

Now, as the United States recognizes April as Second Chance Month, I hope Americans reflect on the national conversati­on around criminal justice and second chances – and resolve to remove barriers for formerly incarcerat­ed people so they can contribute as full participan­ts in our world.

While there has been significan­t progress toward this goal, much more can and should be done.

The idea behind Second Chance Month dates to 2015, when the administra­tion of President Barack Obama announced a set of measures to promote rehabilita­tion and help the more than 600,000 people released annually from state and federal prisons better reintegrat­e into society.

Two years later, the Senate declared April Second Chance Month, which has been observed every year since.

This year, President Joe Biden expressed his support with a proclamati­on: “By supporting people who are committed to rectifying their mistakes, redefining themselves, and making meaningful contributi­ons to society, we help reduce recidivism and build safer communitie­s.”

Expand ‘clean slate’ laws

Such high-level attention has helped. As criminal justice reform has climbed higher on the nation’s agenda in recent years, state legislatur­es have taken steps to address the negative impacts of a criminal record on a person’s ability to land a job, secure housing, access education, regain the right to vote and otherwise reestablis­h themselves in free society.

Our culture has begun to reflect this change. In 2019, a formerly incarcerat­ed individual made Time magazine’s “100 Most Influentia­l People“list, while movies such as Michael B. Jordan’s “Just Mercy“and documentar­ies like “13th“have fueled important conversati­ons about race in the criminal justice system and the negative effects of mass incarcerat­ion.

And, in a 2020 developmen­t that was especially motivating for those who have served time behind bars, attorney Tarra Simmons became the first person convicted of a felony elected to Washington’s state legislatur­e.

Such stories, including my own steady progress to a position of influence with the nonpartisa­n Council on

Criminal Justice, prove that those who have served their time have much to contribute. But formerly incarcerat­ed people still face a vast array of obstacles, and we need substantia­l policy changes to help ensure transition back to community life is successful.

One change that would pay significan­t dividends is the expansion of “clean slate” laws, which have been adopted in five states – and in Congress as well. Details vary, but these measures essentiall­y create a system that automatica­lly clears criminal records for people who remain crime-free for a specified length of time.

Why are such policies necessary? Because the vast majority of hiring managers and landlords conduct background checks, and can see a person’s criminal record and make negative assumption­s. And although tens of millions of Americans are eligible to have their criminal records expunged, the process is complex, time-consuming and expensive, discouragi­ng many from even trying. This stigma can be devastatin­g, and Congress and state legislatur­es need to step up to embrace clean slate laws as a commonsens­e measure that can reduce it.

In addition, governors can change lives by making greater use of their pardon power, and more states should enact “fair chance” legislatio­n, which prevents employers from automatica­lly disqualify­ing job candidates with criminal records.

Desperatio­n fuels recidivism

Another policy area in need of urgent attention is restrictio­ns barring people with conviction­s from obtaining licenses to enter occupation­s such as plumbing, real estate, cosmetolog­y and health care. A database developed by the American Bar Associatio­n lists thousands of such regulation­s, many of which are arbitrary and impose barriers related to crimes committed decades ago. Without work that pays a living wage, those leaving prison are vulnerable to the sort of economic desperatio­n that fuels recidivism.

For those in prison, policymake­rs should adopt “second look” policies that offer an opportunit­y to petition the court for a sentencing modificati­on under certain circumstan­ces. Second-look provisions encourage participat­ion in prison treatment programs and incentiviz­e positive change, improving the odds of success for those reentering our communitie­s.

Like others whose lives once intersecte­d with the criminal justice system, I appreciate the annual recognitio­n conveyed by Second Chance Month, and can attest that it feels good. But seeing our nation press forward with more substantiv­e change would feel even better, and benefit all of us.

Khalil A. Cumberbatc­h is director of strategic partnershi­ps at the Council on Criminal Justice, an invitation­al membership organizati­on and nonpartisa­n think tank focused on the criminal justice field.

Khalil A. Cumberbatc­h

This year, President Joe Biden expressed his support with a proclamati­on: “By supporting people who are committed to rectifying their mistakes, redefining themselves, and making meaningful contributi­ons to society, we help reduce recidivism and build safer communitie­s.”

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Council on Criminal Justice

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