Expungement reform: a second chance for people convicted of low-level offenses

May 9, 2012 12:08 pm

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At a time when the federal government is spending billions of dollars bailing out banks, manufacturers and foreign governments, Pennsylvania should take the opportunity to give thousands of Pennsylvanians a second chance by modernizing the way it treats criminal records. State Sen. Tim Solobay, D-Canonsburg, has introduced Senate Bill 1220 to do just that.

The process by which people can apply to a court to have a criminal record removed from public view, called expungement, is currently not available to people convicted of even the lowest level of misdemeanors. This leaves tens of thousands of people branded for life as criminals in Pennsylvania.

If SB 1220 is enacted, Pennsylvania will join a growing list of states that have modernized their laws to reduce the period during which the consequences of a criminal record can continue to prejudice people convicted of low-level offenses. The bill won unanimous support in committee on Sept. 27, and Sen. Solobay said he is hoping the bill will soon win approval from the full Senate.

SB 1220 would allow people who were convicted of second- or third-degree misdemeanors to have those records expunged after a certain period. For third-degree misdemeanor convictions, the required waiting period without arrests or convictions would be seven years. For second-degree misdemeanors, that waiting period would be increased to 10 years.

Expungent reform would benefit more than just former offenders. If SB 1220 is enacted, Pennsylvania should see reductions in crime and unemployment rates, which would lead to taxpayers paying less to fund welfare and correctional programs. Studies consistently show that individuals who are without employment or a connection to their communities are far more likely to commit criminal offenses -- something that can probably be seen in Pennsylvania's recidivism rate of 55 percent in the first five years, according to the Pennsylvania Department of Corrections.

A study by the Society for Human Resource Management shows that more than 80 percent of employers conduct background checks on job applicants. Not only do employers conduct background checks, so too do a rapidly growing number of landlords. The end result of these practices is that many people with criminal records -- no matter how long ago they were acquired -- find it very difficult to secure the necessities of life such as a job and housing.

Mathew K. Higbee is a lawyer and chairman of the Foundation for Continuing Justice .
First Published January 9, 2012 12:00 am
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