A second chance that would benefit North Carolina
Everybody loves a good comeback story. It’s rare that anything can transcend partisan politics these days, from Raleigh to Washington and beyond.
But as we’ve seen in the last year, reforms to the criminal justice system that strive to enhance public safety and provide for second chances are making a meaningful difference and bringing together people who might disagree on most everything else.
The time has come for legislation that provides much-needed relief for North Carolinians who have served their sentences and want to make positive contributions to society. Too often, the collateral consequences of a conviction stand in the way – blocked from jobs, housing, and other opportunities. Removing a conviction takes time, money, and resources that many simply cannot afford, even if they qualify.
These roadblocks limit more than just the individuals directly impacted by them. Roughly one in three Americans has a criminal record, about the same amount as those who hold a college degree, and one in two has a family member who has been incarcerated. It is therefore incumbent upon all of us to do what we can to eliminate these barriers to opportunity in our communities. The federal First Step Act passed a divided Congress last year with bipartisan support, as did legislation in Utah and in Pennsylvania, championed by community partners like Sharon Dietrich of Community Legal Services of Philadelphia, that automatically sealed millions of criminal records of people convicted of minor crimes.
For most of this year, lawmakers in Raleigh have been considering and debating similar legislation that would substantially expand the number of people who are eligible to clear their criminal record and find jobs, housing, and the opportunity to rebuild their lives. A diverse coalition of groups has united around the Second Chance Act (Senate Bill 562), including Americans for Prosperity, Koch Industries, the American Conservative Union, the Chan Zuckerberg Initiative, the NAACP, the ACLU of North Carolina, and the NC Justice Center, as well as the state Conference of District Attorneys. In public hearings that I testified in, I have heard no direct opposition to its basic objectives of ensuring public safety and establishing greater opportunity for all.
Yet the bill, which passed the state Senate unanimously in May, has unfortunately stalled in recent months in the House, despite overwhelming support in that chamber as well. It is worth remembering that the bipartisan legislation contains several critical provisions that would improve public safety, better steward taxpayer dollars, and provide millions of people with a second chance – or perhaps even their first. Everybody wins – from prosecutors to those in the criminal justice system, and the communities that benefit from more productive citizens.
The bill would automatically expunge records related to misdemeanor or felony charges that are dismissed or disposed “not guilty” on or after July 1, 2020, as well as expand the ability of individuals to petition for expunctions for misdemeanors and minor felonies committed as 16- and 17-year-olds. It also preserves existing safety valves. It would not change the definition of a “nonviolent” misdemeanor or felony. Should someone whose record gets expunged re-offend, the expunged conviction is still treated as a prior conviction when the time comes for that individual’s prosecution and sentencing. It also enables prosecutors to petition for expunctions as well as allow people to petition for expunction of all nonviolent misdemeanors after seven years of demonstrated good behavior.
Perhaps most importantly, it’s another step in the right direction toward a criminal justice system that is ultimately more equitable, more economical, and more just. Each of us is more than the worst thing we have done. That’s why businesses like Koch Industries have banned the box on employment applications and are partnering with the Society for Human Resource Management to encourage second-chance hiring for more businesses. It’s time for North Carolina’s lawmakers to do their part to restore opportunity for all.