[US] Proposed criminal record expungement bill in Vermont

[US] Proposed criminal record expungement bill in Vermont
16 Mar 2022

The employment prospect of thousands of people in Vermont with historical criminal convictions could change for the better if a bill before the Legislature becomes law this session, VTDigger reports.

The legislation would change the way people could clear criminal records and expand the number of offences that would be eligible for that process.

The bill (H.534) reportedly covers all misdemeanour convictions, with exceptions for violent crimes, such as the sexual exploitation of a child and domestic violence offences.

Certain felony offences are also covered under the legislation, including property and financial crimes, as well as lower-level selling, dispensing or transporting regulated drug offences. 

The proposal focuses on creating a “one-track” system to clear a criminal record by sealing and nixing the expungement process except in rare instances, such as municipal violations.

Currently, the expungement of a charge makes it disappear, while sealing allows access to those records for certain specific reasons. The bill aims to make sealing more like expungement by narrowing those reasons and the duration of time in which access would be permitted.

Under the legislation, a record wouldn’t be permitted to be sealed until a person has finished their sentence, plus an additional three years for most misdemeanours and seven years for felonies.

While the exact number of people who could benefit from the legislation is unclear, it is estimated to be in the tens of thousands.

Representative Maxine Grad, D-Moretown and chair of the House Judiciary Committee, said she sponsored the legislation to allow people to remove old convictions for certain crimes from their record, which otherwise can prevent them from obtaining a better job, housing and access to educational opportunities.

“I think it’s an important workforce development issue,” Ms Grad said. “It removes a major barrier for people.” 

She pointed to testimony the committee heard on the bill from the Brennan Center for Justice at the New York University School of Law and JPMorgan Chase. 

Witnesses from both the criminal justice reform think tank and the financial giant testified that allowing people to clear an old conviction promotes justice as well as economic development by adding to a labour pool that is urgently in need of more workers.

The House Judiciary Committee has approved the legislation, and it is now before the House Appropriations Committee for consideration.

On March 11 Ms Grad said she expected the legislation would clear the House and advance to the Senate.

It has strong backing from criminal justice reform advocates who have offered voices of support.

“This bill is important,” Vermont Legal Aid attorney Mairead O’Reilly said, “because it provides greater access to record clearance for folks who have served their sentence and paid their debt to society and really need and deserve to be reintegrated into our community.”

Expanding opportunities for people to clear criminal records strengthens the state’s workforce at a time when workers are in high demand, Ms O’Reilly said.

“We are in such a dire place in terms of being able to find folks to fill really important positions in our economy and I think this is an untapped resource,” she said.

Heather Newcomb - women’s program manager with Vermont Works for Women - works from the Chittenden Regional Correctional Facility in South Burlington, the state’s only prison for women. She helps incarcerated people transition back into the community and find employment.

Ms Newcomb said the legislation was a potential “game-changer” in expanding career opportunities.

“This really levels the playing field for everybody to have an equal shot at rebuilding their lives after being incarcerated or coming in contact with the justice system,” Newcomb said. 

Sarah George, Chittenden County’s state’s attorney, who is known for backing progressive justice reforms, is also in favour of the legislation. 

“With no legal employment options, criminal activity begins to look like a viable option,” the prosecutor said in written testimony to the House committee. 

“Now, more than ever, I think H. 534 could improve public safety in my community by making record clearance more accessible to more Vermonters who need economic opportunity.”


Source: VTDigger

(Links and quotes via original reporting)

The employment prospect of thousands of people in Vermont with historical criminal convictions could change for the better if a bill before the Legislature becomes law this session, VTDigger reports.

The legislation would change the way people could clear criminal records and expand the number of offences that would be eligible for that process.

The bill (H.534) reportedly covers all misdemeanour convictions, with exceptions for violent crimes, such as the sexual exploitation of a child and domestic violence offences.

Certain felony offences are also covered under the legislation, including property and financial crimes, as well as lower-level selling, dispensing or transporting regulated drug offences. 

The proposal focuses on creating a “one-track” system to clear a criminal record by sealing and nixing the expungement process except in rare instances, such as municipal violations.

Currently, the expungement of a charge makes it disappear, while sealing allows access to those records for certain specific reasons. The bill aims to make sealing more like expungement by narrowing those reasons and the duration of time in which access would be permitted.

Under the legislation, a record wouldn’t be permitted to be sealed until a person has finished their sentence, plus an additional three years for most misdemeanours and seven years for felonies.

While the exact number of people who could benefit from the legislation is unclear, it is estimated to be in the tens of thousands.

Representative Maxine Grad, D-Moretown and chair of the House Judiciary Committee, said she sponsored the legislation to allow people to remove old convictions for certain crimes from their record, which otherwise can prevent them from obtaining a better job, housing and access to educational opportunities.

“I think it’s an important workforce development issue,” Ms Grad said. “It removes a major barrier for people.” 

She pointed to testimony the committee heard on the bill from the Brennan Center for Justice at the New York University School of Law and JPMorgan Chase. 

Witnesses from both the criminal justice reform think tank and the financial giant testified that allowing people to clear an old conviction promotes justice as well as economic development by adding to a labour pool that is urgently in need of more workers.

The House Judiciary Committee has approved the legislation, and it is now before the House Appropriations Committee for consideration.

On March 11 Ms Grad said she expected the legislation would clear the House and advance to the Senate.

It has strong backing from criminal justice reform advocates who have offered voices of support.

“This bill is important,” Vermont Legal Aid attorney Mairead O’Reilly said, “because it provides greater access to record clearance for folks who have served their sentence and paid their debt to society and really need and deserve to be reintegrated into our community.”

Expanding opportunities for people to clear criminal records strengthens the state’s workforce at a time when workers are in high demand, Ms O’Reilly said.

“We are in such a dire place in terms of being able to find folks to fill really important positions in our economy and I think this is an untapped resource,” she said.

Heather Newcomb - women’s program manager with Vermont Works for Women - works from the Chittenden Regional Correctional Facility in South Burlington, the state’s only prison for women. She helps incarcerated people transition back into the community and find employment.

Ms Newcomb said the legislation was a potential “game-changer” in expanding career opportunities.

“This really levels the playing field for everybody to have an equal shot at rebuilding their lives after being incarcerated or coming in contact with the justice system,” Newcomb said. 

Sarah George, Chittenden County’s state’s attorney, who is known for backing progressive justice reforms, is also in favour of the legislation. 

“With no legal employment options, criminal activity begins to look like a viable option,” the prosecutor said in written testimony to the House committee. 

“Now, more than ever, I think H. 534 could improve public safety in my community by making record clearance more accessible to more Vermonters who need economic opportunity.”


Source: VTDigger

(Links and quotes via original reporting)