The room was quiet—the quiet that precedes a public event. The lull did not last long. While the audience waited for the arrival of speakers from the Community Defender Division of the Public Defender Service, Eric Sheptock, an event coordinator for the Franklin Shelter Street Law Series, invited them to share any personal concerns regarding the expungement (permanent removal) of criminal records. And that’s when the quiet ended.
In Washington, D.C., and across the country, people with criminal records are often denied employment, making it difficult for them to begin a new life. A criminal record can include records of arrests that did not result in convictions. One person shared that his record of an offense committed more than 40 years ago still haunted him.
The overarching theme emerging from every corner of the auditorium was exasperation with a law that stamps people with the label “criminal” and does not allow them to erase that label for the rest of their lives. The inability to expunge past offenses was said to be another contributor to the “mental illness of poverty,” in which people deprived of the chance to start over become trapped in perpetual deprivation. Some said this poverty trap could be forcing many to return to crime, creating a vicious cycle. Others referred to the criminal records conundrum as a problem that transforms the homeless shelter into an extension of prison—a place where you are ultimately trapped, this time not by bars and guards, but by a label. Still others dubbed it the new wave of discrimination holding back people and communities.
When the Public Defender Service speakers arrived, the discussion shifted to the D.C. law that permits some criminal records to be sealed, meaning that private (but not government) employers are prevented from accessing them. However, the Record Sealing Act can only be applied to people who were found innocent, people who have not had a felony conviction (except for a Ball Reform Act felony), people who have never committed a misdemeanor classified as ineligible and people who do not currently have a pending case (unless it is for a minor offense).
The personal accounts of many audience members seemed to suggest the Act would not apply to most with criminal records. Some told stories of legal complexities and numerous procedural hurdles they faced when trying to have their records sealed, claiming that even if you are among the small number who qualify, you may still have a long battle ahead of you. The chances of having a record expunged might be even slimmer.
Another legal development discussed at the event was a pending bill that would not allow employers to discriminate against a candidate based on his or her criminal record until after a job offer is made (at which point they could still choose to dismiss the candidate), unless the offense or arrest is directly related to the job in question. Many thought such a law would be a step in the right direction, as it would allow people to represent themselves based on their current skills and aspirations, rather than on their past activities (at least during the interview and application process).
The speakers also educated the audience about housing assistance, mentoring, job training and other services the Public Defender Service provides to people struggling to re-enter the workforce. As many said throughout the afternoon, someone who has already paid their debt to society should not repeatedly get penalized for the same mistake their whole lives. Everyone deserves a chance to develop their true potential, and we should ensure that the law provides people with that opportunity
