An estimated 70 million US residents, nearly one in three adults, has an arrest or conviction on their record, including eight million in California. Compared with Europe, where there are strong privacy laws and the “right to be forgotten”, Americans’ records generally follow them until they die, even for arrests without convictions: “No country uses criminal records like the United States. It’s pervasive in every aspect of daily life,” said Jenny Roberts, an American University law professor, to The Guardian.
In a country that is home to more than 20% of the world’s prison population but just 5% of the global population, the impact is profound: “It’s not just mass incarceration. We have a system of mass criminalization,” Roberts said. In addition to housing, employment and occupational licenses, records block people from adoption, volunteering, voting and taking care of elderly relatives.
Black Americans are disproportionately affected – more likely to be arrested, arrested, cited, imprisoned, charged with felonies, convicted, handed longer sentences and saddled with records that further deepen inequalities for generations.
Some of the former prisoners have joined the campaign in favor of SB731, trying to create a space of opportunity for those who seek to rebuild their lives.
While some states have passed laws to seal a limited set of records, many people imprisoned for felonies have been excluded. Under SB 731, all people with felonies, except those on the sex offender registry, are eligible to petition for records sealing. In addition, the bill calls for the automatic sealing of felony arrests and for felony convictions classified as non-violent, after four years.
Write a Reply or Comment
You should Sign In or Sign Up account to post comment.