{"id":29663,"date":"2022-03-13T12:12:44","date_gmt":"2022-03-13T12:12:44","guid":{"rendered":"https:\/\/cjstudents.com\/?p=29663"},"modified":"2022-03-13T12:12:44","modified_gmt":"2022-03-13T12:12:44","slug":"im-not-that-person-anymore-proposal-seeks-to-expand-eligibility-to-clear-past-crimes","status":"publish","type":"post","link":"https:\/\/cjstudents.com\/index.php\/2022\/03\/13\/im-not-that-person-anymore-proposal-seeks-to-expand-eligibility-to-clear-past-crimes\/","title":{"rendered":"\u2018I\u2019m not that person anymore\u2019: Proposal seeks to expand eligibility to clear past crimes"},"content":{"rendered":"<p> [ad_1]<\/p>\n<div>\n<div class=\"wp-block-image\">\n<figure class=\"aligncenter size-full\"><noscript><img loading=\"lazy\" decoding=\"async\" data-attachment-id=\"387453\" data-permalink=\"https:\/\/vtdigger.org\/expungement-1-20220311\/\" data-orig-file=\"https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311.jpg\" data-orig-size=\"2000,1331\" data-comments-opened=\"0\" data-image-meta=\"{&quot;aperture&quot;:&quot;1.8&quot;,&quot;credit&quot;:&quot;Glenn Russell&quot;,&quot;camera&quot;:&quot;NIKON D750&quot;,&quot;caption&quot;:&quot;L.W., who requested anonymity, hopes that a proposed criminal record expungement bill being considered by the legislature passes. Seen on Friday, March 11, 2022. Photo by Glenn Russell\/VTDigger&quot;,&quot;created_timestamp&quot;:&quot;1646994119&quot;,&quot;copyright&quot;:&quot;Glenn Russell&quot;,&quot;focal_length&quot;:&quot;50&quot;,&quot;iso&quot;:&quot;100&quot;,&quot;shutter_speed&quot;:&quot;0.0004&quot;,&quot;title&quot;:&quot;expungement-1 20220311&quot;,&quot;orientation&quot;:&quot;1&quot;}\" data-image-title=\"expungement-1 20220311\" data-image-description=\"&lt;p&gt;L.W., who requested her full name not be used, hopes that a proposed criminal record expungement bill being considered by the legislature passes. Seen on Friday, March 11, 2022. Photo by Glenn Russell\/VTDigger&lt;\/p&gt;&#10;\" data-image-caption=\"&lt;p&gt;L.W., who requested her full name not be used, hopes that a proposed criminal record expungement bill being considered by the legislature passes. Seen on Friday, March 11, 2022. Photo by Glenn Russell\/VTDigger&lt;\/p&gt;&#10;\" data-medium-file=\"https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-300x200.jpg\" data-large-file=\"https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-610x406.jpg\" width=\"2000\" height=\"1331\" src=\"https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311.jpg\" alt=\"\" class=\"wp-image-387453\" srcset=\"https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311.jpg 2000w, https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-300x200.jpg 300w, https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-610x406.jpg 610w, https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-125x83.jpg 125w, https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-768x511.jpg 768w, https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-1536x1022.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\"\/><\/noscript><img loading=\"lazy\" decoding=\"async\" data-attachment-id=\"387453\" data-permalink=\"https:\/\/vtdigger.org\/expungement-1-20220311\/\" data-orig-file=\"https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311.jpg\" data-orig-size=\"2000,1331\" data-comments-opened=\"0\" data-image-meta=\"{&quot;aperture&quot;:&quot;1.8&quot;,&quot;credit&quot;:&quot;Glenn Russell&quot;,&quot;camera&quot;:&quot;NIKON D750&quot;,&quot;caption&quot;:&quot;L.W., who requested anonymity, hopes that a proposed criminal record expungement bill being considered by the legislature passes. Seen on Friday, March 11, 2022. Photo by Glenn Russell\/VTDigger&quot;,&quot;created_timestamp&quot;:&quot;1646994119&quot;,&quot;copyright&quot;:&quot;Glenn Russell&quot;,&quot;focal_length&quot;:&quot;50&quot;,&quot;iso&quot;:&quot;100&quot;,&quot;shutter_speed&quot;:&quot;0.0004&quot;,&quot;title&quot;:&quot;expungement-1 20220311&quot;,&quot;orientation&quot;:&quot;1&quot;}\" data-image-title=\"expungement-1 20220311\" data-image-description=\"&lt;p&gt;L.W., who requested her full name not be used, hopes that a proposed criminal record expungement bill being considered by the legislature passes. Seen on Friday, March 11, 2022. Photo by Glenn Russell\/VTDigger&lt;\/p&gt;&#10;\" data-image-caption=\"&lt;p&gt;L.W., who requested her full name not be used, hopes that a proposed criminal record expungement bill being considered by the legislature passes. Seen on Friday, March 11, 2022. Photo by Glenn Russell\/VTDigger&lt;\/p&gt;&#10;\" data-medium-file=\"https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-300x200.jpg\" data-large-file=\"https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-610x406.jpg\" width=\"2000\" height=\"1331\" src=\"https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311.jpg\" alt=\"\" class=\"lazyload wp-image-387453\" srcset=\"https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311.jpg 2000w, https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-300x200.jpg 300w, https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-610x406.jpg 610w, https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-125x83.jpg 125w, https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-768x511.jpg 768w, https:\/\/vtdigger.org\/wp-content\/uploads\/2022\/03\/expungement-1-20220311-1536x1022.jpg 1536w\" data-sizes=\"(max-width: 2000px) 100vw, 2000px\"\/><figcaption>L.W., who requested her full name not be used, hopes that a proposed criminal record expungement bill being considered by the legislature passes. Seen on Friday, March 11, 2022. Photo by Glenn Russell\/VTDigger<\/figcaption><\/figure>\n<\/div>\n<p class=\"has-drop-cap\">For one 44-year-old Colchester resident and fast-food worker, caring for her grandmother has made her want to work in a job doing the same for others.<\/p>\n<p>But a prior felony conviction for sale of cocaine more than a decade ago continues to punish her by hindering her employment opportunities long after she has served her sentence, she said.<\/p>\n<p>\u201cI really want to work in a field with the elderly,\u201c the woman told VTDigger. \u201cI used to take care of my grandma. I always promised her, \u2018I\u2019ll be a nurse, grandma, so I can take care of people like you.\u2019\u201d\u00a0<\/p>\n<p>She added, \u201cI\u2019ve always wanted to do that and I realy fucked up my life by making and hanging out with the wrong people and making fucked-up choices.\u201d\u00a0<\/p>\n<p>Her situation could change should a bill before the Legislature, <a target=\"_blank\" href=\"https:\/\/legislature.vermont.gov\/bill\/status\/2022\/H.534\" rel=\"noopener\">H.534<\/a>, become law this session.\u00a0<\/p>\n<p>The legislation would change the way people could clear criminal records and expand the number of offenses that would be eligible for that process.<\/p>\n<p>Like other people interviewed for this story, VTDigger agreed to identify the woman only by her initials \u2014 in her case, L.W. \u2014 to protect her from having the 2007 conviction she hopes to someday erase continue to follow her.<\/p>\n<p>The bill covers all misdemeanor convictions, with exceptions for violent crimes, such as sexual exploitation of a child and domestic violence offenses.<\/p>\n<p>Certain felony offenses are also covered under the legislation, including property and financial crimes, as well as lower-level selling, dispensing or transporting regulated drug offenses.\u00a0<\/p>\n<p>The proposal focuses on creating a \u201cone-track\u201d system to clear a criminal record by sealing and nixes the expungement process except in rare instances, such as municipal violations.<\/p>\n<p>Currently, 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.<\/p>\n<p>Under the legislation, a record wouldn\u2019t be permitted to be sealed until a person has finished their sentence, plus an additional three years for most misdemeanors and seven years for felonies.<\/p>\n<p>L.W. said that while there are pathways that would allow her to work in the nursing field, the reality is those avenues would still leave a felony conviction on her record that would serve as a major roadblock.<\/p>\n<p>\u201cThe whole thing is, no place is going to hire you, just because I have a drug felony and I\u2019d be around narcotic medicine,\u201d L.W. said. \u201cI kind of understand, but I\u2019m not that person anymore.\u201d<\/p>\n<p>L.W. is hardly alone.\u00a0<\/p>\n<p>While an exact number of people who could benefit from the legislation is unclear, it is estimated to be in the tens of thousands.<\/p>\n<p>Another potential beneficiary of the bill, M.T., said she was 23 years old and living in Bennington when she picked up her felony conviction for possessing stolen property.\u00a0<\/p>\n<p>Now, M.T. is 58 and lives just across the Vermont border in New York state.\u00a0<\/p>\n<p>\u201cI wanted to work for the state, I wanted to become a social worker for kids,\u201d she said. But M.T. said she was told by a professor in a college course that she would never be hired as a social worker with a felony conviction.<\/p>\n<p>As a result, M.T. said, she stopped taking classes and abandoned her dream.<\/p>\n<p>She works as a paraeducator at a Vermont school. M.T. said the only reason she believes she is still in that position is because the principal \u201cwent to bat\u201d for her.<\/p>\n<p>M.T. said she was afraid to leave that job because she might not find someone else to take a chance on her.\u00a0<\/p>\n<p>\u201cIt\u2019s a total embarrassment,\u201d she said of her felony record.<\/p>\n<p>Rep. 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.<\/p>\n<p>\u201cI think it\u2019s an important workforce development issue,\u201d Grad said. \u201cIt removes a major barrier for people.\u201d\u00a0<\/p>\n<p>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.\u00a0<\/p>\n<p>Witnesses from both the criminal justice reform <a target=\"_blank\" href=\"https:\/\/vtdigger.org\/2022\/02\/23\/final-reading-not-mad-just-disappointed\/\" rel=\"noopener\">think tank and the financial titan testified<\/a> that allowing people to clear an old conviction promotes justice as well as economic development by adding to a labor pool in need of more workers.<\/p>\n<p>The House Judiciary Committee has approved the legislation, and it is now before the House Appropriations Committee for consideration.<\/p>\n<p>Grad said Friday she expected the legislation would clear the House and advance to the Senate.<\/p>\n<p>It has strong backing from criminal justice reform advocates who have offered voices of support.<\/p>\n<p>\u201cThis bill is important,\u201d Vermont Legal Aid attorney Mairead O\u2019Reilly said, \u201cbecause 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.\u201d<\/p>\n<p>Expanding opportunities for people to clear criminal records strengthens the state\u2019s workforce at a time when workers are in high demand, according to O\u2019Reilly.<\/p>\n<p>\u201cWe 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,\u201d she said.<\/p>\n<p>Heather Newcomb, women\u2019s program manager with Vermont Works for Women, works out of the Chittenden Regional Correctional Facility in South Burlington, the state\u2019s only prison for women. She helps incarcerated people there transition back into the community and find employment.<\/p>\n<p>Newcomb said the legislation was a potential \u201cgame changer\u201d in expanding career opportunities.<\/p>\n<p>\u201cThis 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,\u201d Newcomb said.\u00a0<\/p>\n<p>Sarah George, Chittenden County\u2019s state\u2019s attorney, who is known for backing progressive justice reforms, is also in favor of the legislation.\u00a0<\/p>\n<p>\u201cWith no legal employment options, criminal activity begins to look like a viable option,\u201d the prosecutor said in written testimony to the House committee.\u00a0<\/p>\n<p>\u201cNow, 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,\u201d she said.<\/p>\n<p>The proposed legislation has not drawn universal support. Two of the top law enforcement officials in the state said that while they agree with many of the aims of the measure, they have issues with some of the provisions.<\/p>\n<p>Mike Schirling, commissioner of the state Department of Public Safety, said criminal records are vital to ensuring an informed response when officers are called to an emergency.<\/p>\n<p>\u201cBeing able to paint a clear picture, slowing encounters down, taking into account things you know about a particular location or person, is essential in creating the most safe encounter possible,\u201d Schirling said.<\/p>\n<p>\u201cThis would do the opposite of that,\u201d he said, \u201cstrip away those records from policing use and law enforcement agencies and officers would be blind to certain interactions.\u201d<\/p>\n<p>Schirling said while he has talked in a \u201ccursory\u201d way about the legislation with Gov. Phil Scott, it was too early in the process to predict if a veto could be on the horizon should the bill reach the governor\u2019s desk.\u00a0<\/p>\n<p>\u201cThe governor doesn\u2019t make those decisions unless he sees the final product,\u201d Schirling said. \u201cHe says the devil is in the details.\u201d\u00a0\u00a0\u00a0\u00a0<\/p>\n<p>Last session, <a target=\"_blank\" href=\"https:\/\/legislature.vermont.gov\/bill\/status\/2022\/S.7\" rel=\"noopener\">bill S.7<\/a> at one point proposed greatly expanding the number of crimes eligible for expungement \u2014 not including the most serious offenses, such as murder and sexual assault.<\/p>\n<p>The Scott administration raised concerns about the <a target=\"_blank\" href=\"https:\/\/vtdigger.org\/2021\/04\/28\/lawmakers-scramble-to-scale-back-expungement-bill\/\" rel=\"noopener\">breadth of the legislation,<\/a> objecting to certain crimes that would become eligible for expungement.<\/p>\n<p>Eventually, the bill signed into law by the governor called on the Joint Legislative Justice Oversight Committee to \u201cconsider a comprehensive policy that provides an avenue for expungement or sealing of records for all or most offenses\u201d except the most serious crimes, such as murder.\u00a0<\/p>\n<p>That process led to H.534 this session.<\/p>\n<p>Vermont Attorney General TJ Donovan said the bill has exceptions that are overly broad for allowing sealed records to be opened. The legislation\u2019s proposals to make sealing more like expungement do not go far enough, he said.\u00a0<\/p>\n<p>\u201cI certainly prefer expungements because it\u2019s better for the Vermonter,\u201d the attorney general said.\u00a0<\/p>\n<p>He said some exceptions that would allow for access to the sealed records were concerning. For example, the bill would allow parties for sentencing in criminal cases involving certain crimes to access the sealed records for a number of years.<\/p>\n<p>\u201cYou want to give Vermonters certainty,\u201d he said. \u201cI always preferred expungement. I\u2019m certainly also willing to compromise.\u201d<\/p>\n<p>Grad, the bill\u2019s sponsor, said restrictions placed on access to sealed records in the legislation\u00a0 are tight. \u201cWe really feel like we put in a lot of important protections and guardrails,\u201d she said.\u00a0<\/p>\n<p>Sen. Dick Sears, D-Bennington and chair of the Senate Judiciary Committee, has scheduled testimony on the legislation in his committee next week.\u00a0<\/p>\n<p>\u201cWe definitely see it as a priority, giving people second chances,\u201d he said. \u201cThe real issue is who gets access once you seal it. If you expunge something, it\u2019s gone. If you seal something, it\u2019s not. That\u2019s where we\u2019re going to be spending a lot of time.\u201d<\/p>\n<p>Sears said he wanted to make sealing as close to expungement as possible.\u00a0<\/p>\n<p>T.N., now 30 and living in Texas, has benefited from having the chance to seal his record.<\/p>\n<p>He was 19 and living in southern Vermont when he was arrested and later convicted of felonies for his role in a burglary spree. After serving jail time, he said, he tried to move on with his life.<\/p>\n<p>\u201cI couldn\u2019t get a job,\u201d he said, adding that he eventually landed \u201ccrappy\u201d employment in warehouse jobs. He said for years \u201clabor jobs\u201d was all anyone would hire him for, despite later graduating from college.<\/p>\n<p>Eventually, T.N. said, he was able to get his record sealed \u2014 with assistance from Vermont Legal Aid \u2014 due to his young age at the time of the offenses. He said he is now working in the tech field as a recruiting coordinator.<\/p>\n<p>He said he would like to see the process of clearing criminal records in Vermont expanded to help improve the lives of more people.\u00a0<\/p>\n<p>\u201cI did it and it changed my life,\u201d he said.<\/p>\n<div class=\"hideinamp\">\n<p style=\"font-family: Open Sans,sans-serif; margin:0; font-weight:700; padding: 10px 0;\">Stay on top of all of Vermont&#8217;s criminal justice news. Sign up here to get a weekly email with all of VTDigger&#8217;s reporting on courts and crime. <\/p>\n<link href=\"https:\/\/cdn-images.mailchimp.com\/embedcode\/classic-10_7.css\" rel=\"stylesheet\" type=\"text\/css\"\/><\/div>\n<p>\u00a0<\/p>\n<p><\/div>\n<p><script type=\"text\/javsacript\"><\/p>\n<p><!-- Facebook Pixel Code -->\nsetTimeout(function(){\n!function(f,b,e,v,n,t,s)\n{if(f.fbq)return;n=f.fbq=function(){n.callMethod?\nn.callMethod.apply(n,arguments):n.queue.push(arguments)};\nif(!f._fbq)f._fbq=n;n.push=n;n.loaded=!0;n.version='2.0';\nn.queue=[];t=b.createElement(e);t.async=!0;\nt.src=v;s=b.getElementsByTagName(e)[0];\ns.parentNode.insertBefore(t,s)}(window,document,'script',\n'https:\/\/connect.facebook.net\/en_US\/fbevents.js');\n fbq('init', '1921611918160845'); \nfbq('track', 'PageView');\n}, 3000);<\/p>\n<p><\/script><br \/>\n<br \/>[ad_2]<br \/>\n<br \/><a href=\"https:\/\/vtdigger.org\/2022\/03\/13\/im-not-that-person-anymore-proposal-seeks-to-expand-eligibility-to-clear-past-crimes\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>[ad_1] L.W., who requested her full name not be used, hopes that a proposed criminal&#8230;<\/p>\n","protected":false},"author":1,"featured_media":29664,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27],"tags":[],"class_list":["post-29663","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-careers"],"_links":{"self":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/29663","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/comments?post=29663"}],"version-history":[{"count":1,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/29663\/revisions"}],"predecessor-version":[{"id":29665,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/29663\/revisions\/29665"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media\/29664"}],"wp:attachment":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media?parent=29663"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/categories?post=29663"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/tags?post=29663"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}