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Get New Code. Chettiar, the director of the justice program at the Brennan Center for Justice at N. Chettiar said that almost all states offer the opportunity for people with nonconvictions or some misdemeanor convictions to expunge or shield them after a waiting period.
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But the rules are restrictive enough that few people take advantage. For example, before last year, the only convictions Maryland residents could expunge were those for nine misdemeanors related to homelessness, such as panhandling and public urination. The state also had a law called the subsequent conviction rule: no nonconviction could be expunged if the individual had a later conviction, even for a completely unrelated change. Caryn York, senior policy advocate for the Baltimore-based nonprofit Job Opportunity Task Force, said that the group had been pushing Maryland legislators to expand expungements for more than a decade, with little result until last year.
The Maryland Second Chance Act, which went into effect in October, allowed shielding for 12 types of nonviolent misdemeanors, including prostitution and low levels of drug possession. Another law repealed the subsequent conviction rule. And last week, Gov. Larry Hogan signed the massive Justice Reinvestment Act, a sweeping criminal justice reform bill, which, among many other things, provides drug treatment instead of jail for addicts.
It expands expungement to misdemeanor theft and assault convictions. The move toward expungement and shielding has broad support in Maryland. Morrissey, chief judge of the district court of Maryland, said in an interview. There is more Maryland could do, especially to remove the noxious effects of nonconvictions. The state could, for example, simply stop putting them on Case Search.
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It could make expunging a nonconviction automatic — the courts take care of it, with no action necessary from the defendant. New Jersey , among other states, now does this. Branching out, the state could review occupational licensing: a ban on people holding felony convictions might make sense for child care workers, but not for barbers.
Twenty-three states have banned the box in hiring by government agencies — almost all of them in the last six years. Eight states apply the prohibition to private employers as well. Many cities, do, too — Baltimore requires employers to wait until a conditional job offer is extended before asking people about criminal histories or requesting criminal records. Earlier this month, President Obama proposed a rule requiring federal agencies do the same.
Later the true weight, the enormity of that interaction will suddenly come into their life. Technology solutions are often overhyped, but this is one area where they actually work.
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