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Offer your opinion on criminal record expungement bills

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In Pennsylvania, if you have a criminal record, it's likely to stick to you forever, affecting your ability to find a job or decent housing, damaging your credit and otherwise preventing you from having a normal life. That's even if you never get into trouble again after a youthful misstep or were never convicted.

You read that right: even if you were never convicted.

That explains why Pennsylvania legislators in the current session have introduced, at last count, 17 bills to change how expungement works in the commonwealth. Right now, you can’t have your criminal record erased unless you have reached age 70 or have been dead for three years.

The bill that seems to have the most traction, since it’s been endorsed by the Pennsylvania District Attorneys Association, is SB 391, introduced by Sen. Tim Solobay (D-Washington). It would, to quote Solobay’s website, “allow individuals who were convicted of certain misdemeanors of the second and third degree to apply to have the record expunged if they keep a clean record for seven years and ten years, respectively.”

Of the other bills, some shorten the period of time that must pass before a person can petition for an expungement or would make expungement automatic in certain circumstances. Others broaden the range of crimes eligible for expungement or address specific instances, such as those charged as victims of sex trafficking or those with disciplinary records at the Bureau of Professional and Occupational Affairs.

HB 908, by Rep. Jordan Harris (D-Philadelphia), includes everything from open lewdness and defrauding secured creditors (both misdemeanors) to felony Megan’s Law offenses that would still require 15 to 25 years of public registration, which seems nonsensical.

HB 1595, from Rep. Thaddeus Kirkland (D-Delaware), would even make it a crime to publish an offense if the person knew or should have known it had been expunged. That would seem to have First Amendment issues.

But that’s where the rub comes in. You can erase an official record, but especially in the age of the Internet, you can’t make the past go away. From newspaper archives and international search engines that index records to for-profit databases that scrape and collect information they then sell to clients, memory today has a long reach.

That reasoning is behind the movement to attack the problem from the other side, by regulating how criminal records can be used in the hiring process. Philadelphia already has a “ban the box” ordinance, meaning that employers cannot ask questions about criminal history on job applications or in a first interview. (It’s no coincidence that more than two-thirds of these expungement bills come from Philly-area legislators. According to the Criminal Record Expungement Project, one-fifth of Philadelphians have a criminal record. Philadelphia County’s unemployment rate, according to Bureau of Labor Statistics, is running well ahead of the state.)

These efforts are worthwhile, if we truly believe that a person can pay his or her debt to society and move on – and if they don’t interfere with an employer’s ability to learn information pertinent to a specific position. An applicant with a history of writing bad checks, fraud or embezzlement, after all, wouldn’t be anyone’s first choice for a financial job.

None of these bills to date has received much public attention; instead, committees hold hearings, sometimes in multiple years, and the legislative process grinds on. You should ask your state rep or business/trade organizations where they stand on this issue and what you can do to offer input so that any resulting laws help rather than hinder your business.

This is such a complex, emotional and political issue that employers ignore it at their peril.

The week ahead

Whether it’s a midstate city or one of our smaller boroughs, efforts to keep the downtown vital can have an impact on surrounding communities. CPBJ reporters fan out and come back with reports of what’s happening in three Lancaster, Dauphin and York municipalities and talk with the people working for results.

The Johnson Controls project in Hopewell Township still needs to clear permitting hurdles, but it’s making progress. Reporter Joe Deinlein looks at how the project is coming together. It’s all part of our Inside Business focus on growth in York and Adams counties. The lists rank the fastest-growing York/Adams County companies and business parks.

Find the week’s networking opportunities here.

The rewind

The “right to be forgotten” charge continues to build in Europe, after a court there ruled that such a right exists. As this columnist muses, asking whether it could happen in the United States is the wrong question in the face of commercial big-data collection.

I realize I’m due to give you an update on Iceland and my vacation reading list. Maybe next week. Meanwhile, in case you missed it, here’s the prelude.

Hope Stephan

Hope Stephan

Hope Stephan is editor of the Central Penn Business Journal. A Pennsylvania native, she is a graduate of Penn State and Xavier University. Have a question or tip for her? Email her at hopes@cpbj.com. Follow her on Twitter, @hstephan. Circle Hope Stephan on .

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Felony Frank June 9, 2014 11:24 am

There are certain jobs I won't even consider applying for with a criminal record. Like government jobs even thought the lord knows that's where all the criminals like myself work. Hope the government continues to follow me around some more like the little creeps that they are!! I'm leaving PA for good to contribute to the brain drain...my only contribution in life. There's a reason why so many people leave PA for greener pastures.

private June 9, 2014 8:45 am

7 years is a good period of time to pay for some mistakes..
10 years is a good period of time to pay for other mistakes..
Some serious crimes should never be forgiven..
It should depend on the certain circumstance and a character..
People who make the laws made some mistakes in lives too, we all do...

steventodd June 9, 2014 6:54 am

With over 5 to 1 prosecution for non-violent marijuana offenses, of black to non-black citizens and the same use rate, this will be a huge civil rights issue as we witness the failed Drug War wind down. Rich white kids weren’t lining up front of jail cells for pot possession.

Nothing but amnesty and expungement for those currently with criminal records could possibly be just, prior to waving a wand and turning yesterday's Schedule 1 felonious substance for some into tomorrow's cash crop for others. I believe both CO and WA have liberal amnesty/expungement bills underway, or maybe already in place. I can't see how they could not.

Here’s what needs done, and is too slowly being done. Following is by those whacky Greens, though. They tend to tick people off, but mainly because - like the Libertarians - they continue to speak truth and common sense in the face of the lunacy and gridlock of our two-party duopoly:

“Destructive Drug War Being Brought to an End - More systemic change is needed, the country needs to change its sentencing laws and continue to dismantle the drug war. By every measure the drug war has failed and done incredible harm.”

http://greenshadowcabinet.us/statements/destructive-drug-war-being-brought-end

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