After serving time for a criminal conviction, shouldn’t there be a point when a person can finally get a job, a home, or an education?
Three bills before the legislature this session stand behind this principle. One would give judges authority to close court proceedings and records for minors charged with felonies, one would remove the question on job applications that ask about felonies, and one would wrap stays of adjudication and plea diversions into the category eligible for expungement. Supporters of these bills say public safety would benefit from allowing offenders to successfully pursue a lawful existence, thus reducing their risk of falling back into old habits and reoffending. Opponents state that the legislation creates a “presumption of secrecy,” and that people have the right to know if their neighbors are convicted felons. Expungement, which is a judge-ordered “sealing” of public records, is not a complete remedy. Even defendants who successfully complete probation terms and have convictions expunged still have records that show up in background checks performed by private data companies. More information is available in the January 14, 2013 issue of Minnesota Lawyer (“Second chance bills spark debate in St. Paul” p. 1).
Regardless of its shortcomings, expungement is a useful tool in the criminal rehabilitation process. It can be used for contesting the denial of employment, housing, or professional licenses. We at the Ramsey County Law Library are proud to offer our criminal expungement clinic every second and fourth Thursday of the month from 1 to 4 PM in the Library. Attendees can pick up the necessary packet of forms on the 9th floor of the Courthouse.
Excellent explanation of proposed legislation!