Expungement Law: Who Benefits?

In June, the expungement bill passed into law, without Governor Carcieri’s signature. But, what is this new law all about and who can get an expungement?

The new law allows and helps a person who pleads no contest or guilty to a crime to be able to tell future employers or landlords that they have never been convicted.

Expunged records are taken from public view, giving people the change to start over and get on their feet once again, without having to worry about their record getting in the way.

Many who get out of prison are homeless, having lost everything going into prison. Now having a record makes thing that much harder.

There are some cases that won’t be able to be expunged:

1) Violent crimes (murder, sexual, kidnapping, etc)

2) Cases that are open now (a person who’s guilty of a felony must wait 10 years after completing their sentences, 5 years for a misdemeanor);

3) Prior convictions (only cases of first-time offenders are eligible for expungement)

But there is some confusion as to whom the law applies. Because of those legal standards, judges use a wide variety of discretion in deciding who will get an expungement. The judge only needs to be satisfied with the person’s rehabilitation and seems to have a “good moral character” and that expungement is “consistent with the public interest.” Court spokesman Craig N. Berke said the new law appeared to be prospective and a spokesman for the Attorney General’s Office acknowledges that a law is not usually retroactive “without specific language making it retroactive.”

Groups like the criminal defense lobby, prisoner advocates and the minority community argued to pass this bill because of a criminal record hinders people from getting jobs and in some cases, getting housing. That is why the passing of this bill was high priority.