Bills seek to reduce stigma of criminal records
Too many are held back, say the advocates
Legislators, government officials, and community organizers called for changes in the state’s criminal records law yesterday, saying that the system places an unfair burden on former offenders.
At a State House rally, speakers lobbied for bills that would allow individuals’ criminal records to be sealed sooner than allowed under the law, which requires a waiting period of 10 years for misdemeanors and 15 for felonies. Supporters of changes to the Criminal Offender Record Information system said that such changes would help former offenders to find jobs and housing, reducing recidivism and saving money.
“The CORI law is broken, and on a daily basis, opportunity is lost,’’ said Kevin Burke, secretary of the state Executive Office of Security and Public Safety. Burke spoke on behalf of the Patrick administration, which filed a bill in May to change the law.
Patrick’s bill would reduce the waiting period to seal a record to five years for a misdemeanor and 10 years for a felony.
A bill filed in January by Representative Elizabeth A. Malia, a Democrat from Boston, and Senator Harriette L. Chandler, a Democrat from Worcester, would reduce the waiting period to three years for a misdemeanor and seven years for a felony. The bill has 69 cosponsors in the House and the Senate.
A third bill filed in January by Representative Gloria L. Fox, a Democrat from Boston, and supported by Mayor Thomas M. Menino, would prevent many employers from inquiring about criminal record information. Such records were once used only by law enforcement, but can now be used by employers and landlords, among others.
Victoria Binney, who attended the rally as a past president of Ex-prisoners and Prisoners Organizing for Community Advancement, said she was arrested when she was 18 for driving to endanger and possession of marijuana. She was never incarcerated, but because of her record, she has been unable to find the nursing job she said she has always wanted. Instead, at age 25, she is working as a barber in Worcester. “I’ve had problems getting mediocre jobs,’’ she said. “It’s been a real big struggle.’’
Under the current law, Binney will have to wait another seven years before her record can be sealed. “It’s just really discouraging for people that are trying to move on with their lives,’’ she said.
Malia and other speakers contend that changing the law would provide economic benefits to the state because it would enable people to find work.
Opponents of the bills warn, however, that limiting access to criminal records could have negative consequences for employers.
“I have concerns as a small business owner myself,’’ said Senate minority leader Richard R. Tisei, a Wakefield Republican who said he has heard from people in the business community who are worried about not being able to use criminal record information.
The Associated Industries of Massachusetts opposes all three bills. “We agree that the system’s broken and it needs to be fixed,’’ said Bradley MacDougall, the group’s associate vice president for government affairs, contending that the accuracy of the criminal records system should be paramount. “Our belief, ultimately, is that the employer needs to have the ability to have that information in order to have that conversation and make the decision,’’ he said.
A hearing on Chandler’s and Malia’s bill will be held July 27 before the Joint Committee on the Judiciary.
Senator Cynthia Stone Creem, a Newton Democrat who cochairs the committee, said she hopes a change in the records law will be passed this session. “I feel very strongly that we’re going to do something,’’ she said.
Chandler said she hopes legislators will be able to work together to take the best from each of the three bills, adding, “I think this is the year.’’ 