National News
Criminal record holders hope for second chance
April 26, 2016 posted by Steve Brownstein
Several people with criminal records came forward in hopes of getting a second chance. An Expungement-Shielding Clinic took place at the Silver Spring Civic Center Saturday. The event host, a non-profit called the Job Opportunities Task Force, claims it’s the first of its kind in Montgomery County.
In a room where most didn’t want to be seen, a handful of people told WUSA 9 their stories for various reasons.
“I just wanted to speak on camera so that you would have a good example of someone who is educated. Uh, who is trying to do right and um, I quite frankly speak correct English. You know I’m not up there saying, ‘Hey man, hey dawg. What’s up cuz,’ wreaking of marijuana, still drinking and asking you for a job – on welfare. No, that’s not me,” said a man who asked to at least not be named.
He tells WUSA 9 while he tries to do the right thing now, he still cannot really find a job because of what’s on his record. He says he got into trouble after the military.
Another man, Darrell Reid, told WUSA 9 he can’t qualify for housing because of his alcohol-related priors.
“I’m 52-years-old. I don’t need this on my record, drinking in public. You know, been there, done that,” said Reid.
A third man with marijuana-related charges told WUSA 9 he thinks that’s why he is having such a hard time.
“I just graduated from the University of Maryland and have been applying for numbers, numerous jobs and haven’t been really able to find any,” said the younger man.
These three and many more came to Silver Spring hoping to either hide or remove these priors from their Maryland Case Search history, a record that’s open to anyone in the public to read. Many at the Saturday clinic say their backgrounds are what’s keeping them from housing or providing for their families with a job.
The Wall Street Journal says 1 in 3 American adults has a police record. In Maryland alone, The Job Opportunities task force says roughly 13,000 people exit Maryland State Prisons each year with difficulty returning to the work force. The Prison Policy Initiative has that number at more than 20,000 according to 2010 Census records.
That’s why the Task Force held a Montgomery County Expungement –Shielding Clinic. Attorneys from the Maryland State and Prince George’s County Bar Associations met one-on-one with many non-violent offenders. There was a $30 court processing fee, otherwise the guidance of attorneys, this time around, came free.
The Clinic was made possible after Maryland Governor, Larry Hogan, signed a few bills into law effective October 1st, 2015 according to the Baltimore City Office of the State’s Attorney website:
Expungement of a Crime that is no Longer a Crime (HB124/SB651): Expands eligibility for expungement to persons convicted of a crime that is no longer a crime including the possession of less than 10 grams of marijuana, which is no longer a criminal offense.1
Expungement of Records (HB304/SB652): Repeals the current subsequent conviction prohibition rule regarding stets, nolle pros, pardons, etc. Prohibits expungements based on a ‘Probation Before Judgment’ (PBJ) if the person has been convicted of a crime other than a minor traffic offense within 3 years of receiving the PBJ OR the person is a defendant in a pending criminal proceeding. Currently, if an individual receives a criminal conviction of any kind they are no longer eligible to expunge any other non-conviction (stet, nolle pros, etc.) that occurred before the conviction. The new law does away with this rule by enabling individuals to expunge eligible non- convictions regardless of any subsequent convictions.
Maryland Second Chance Act (SB526/HB244): Allows individuals who have a non-violent, misdemeanor criminal record to petition the court to shield court records and police records after a period of three years under certain circumstances and conditions. Shielded records, however, remain fully accessible to law enforcement and the court ensuring that the public’s safety is not compromised.
There are opponents.
The Task Force’s Senior Policy Advocate, Caryn York, defended the bills very adamantly saying, “This is not an automatic process. This is not a one and done. This is a process where, you know, you truly have to show that you’re disciplined and that you truly want this and that you’ve truly turned away from a life of crime.”
Organizers of the Baltimore County Clinic tell WUSA 9 they saw at least 1,000 offenders participate from 8 a.m. – 4 p.m. Saturday’s Montgomery County Clinic went from 10 a.m. – 2 p.m. WUSA 9 was told there was a line out the front door at opening.
Many tell WUSA 9 they had no idea they could now attempted to clean-up their records and learned so from either their church, friends or through a flyer.
“It’s serious time now. It’s no more joke time so. I’d like to be forgiven. Given a second opportunity,” said the man who asked to remain anonymous.