Maryland Sen. Chris Van Hollen is sponsoring a bill to automatically expunge the criminal records of some former prisoners, removing a roadblock that he says makes it difficult for people who have been incarcerated to find jobs, housing and complete their education.
He wrote in a news release that between 70 million and 100 million people nationwide “are eligible to have their records sealed or expunged, but the complex and often cost-prohibitive process makes it harder for these Americans to receive a second chance.”
Van Hollen and Sen. Lisa Blunt Rochester, D-Del., introduced the Fresh Start Act in Congress on Thursday. The legislation would authorize the U.S. Department of Justice to provide $50 million in grants to states over five years to expunge some arrests and convictions.
Not all former offenders would be eligible to have their records removed.
In Maryland, generally only people convicted of misdemeanors — such as prostitution, drunk driving, and passing bad checks — or mostly nonviolent crimes can have their convictions expunged, according to the Maryland Volunteer Lawyers Service. And for those who are eligible, the waiting periods vary.
For example, a conviction for public intoxication can be deleted after five years. A conviction for third-degree burglary won’t be eligible for removal for 10 years, while someone convicted of domestic abuse must wait 15 years and avoid being arrested for another offense to qualify.
“Americans who have served their time deserve a fair shot to rebuild their lives,” Van Hollen wrote in the news release.
He cited a study published in the June 2020 issue of the Harvard Law Review that concluded just 6.5% of the people who qualified to have their records expunged had done so within five years of becoming eligible. But those who completed the process fared better than the 93.5% who did not.
For instance, just 4.2% of the ex-convicts who had their records expunged were arrested and convicted of a new crime within five years, the article found. That rate “compares favorably to the general population” of the formerly incarcerated.
In addition, the article’s authors — University of Michigan Law School professors J.J. Prescott and Sonja B. Starr — concluded that expungement of criminal records results in wages that are on average 22% higher than they would be otherwise.
Perhaps for these reasons, some people whose careers involve putting criminals behind bars have spoken out in favor of the proposed legislation.
The Washington, D.C.-based Association of Prosecuting Attorneys “supports efforts that enhance public safety while promoting fair and efficient justice,” CEO Nichole Parisi said in the news release.
She added: “The Fresh Start Act reflects a growing recognition that modernizing record clearance processes can reduce recidivism and improve community outcomes.”
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