That law is not just right. It’s also smart. But we have been lousy about putting it into practice.
Only 10 percent of those eligible to have their records sealed here have actually done it, according to The Clean Slate Initiative, an advocacy group. That’s because we’ve made it impossibly complicated.
Having a criminal record is an enormous obstacle for people who have done their time and are trying to rebuild their lives. A conviction, even a minor one, even from long ago, can mean being rejected by employers and denied by landlords. Cases that were dismissed, or which prosecutors dropped, and even many that ended in not guilty findings also show up on criminal background checks. That can keep someone from getting life insurance, credit, a real estate license, and other professional certifications. It also means they can’t volunteer at their kids’ schools or coach Little League.
“I have grown men in my office crying because they can’t get housing,” said Leslie Credle, who heads Justice 4 Housing, which helps move formerly incarcerated people into permanent homes. “Individuals who were once breadwinners come home and now they’re a burden to their family. It’s a lifetime sentence … even if you have done your time.”
Maybe you’ve gotten this far and are thinking this doesn’t affect you. It does.
Nearly half of US children have at least one parent with a criminal record. People with solid jobs and stable housing are more likely to support their families and communities. They are more likely to fill vacancies at all kinds of businesses that need more workers to thrive. They are also way less likely to reoffend, or to rely on public benefits.
So why have we made the process so much harder than it needs to be?
Right now, a person who has served her time and stayed out of trouble for the waiting period must petition the commissioner of probation in writing, or go before a judge. It’s needlessly complex, requiring time and familiarity with a backlogged and sometimes hostile system. And that’s if they know they can get their records sealed in the first place.
“It’s like double jeopardy,” said Shay, 36, who finally got hers sealed a few years ago. “You can’t try somebody twice for the same crime, but you can double punish them. In my case, I was punished triple.”
Shay, who asked that her last name be withheld, was 22 when she was convicted of carrying a dangerous weapon — a misdemeanor. She did six months in jail, paid thousands in fines and other costs, and had a successful probation. Since then, her record has held her back in ways big and small.
“I had to keep explaining it to people when I wanted to get a job and apply for housing,” she said. “I could not go on any field trips with my daughter, so now she had to suffer.” They had to stay on other people’s couches for months because a landlord ran a background check and gave an apartment to someone else.
Shay knew she could seal her record, thanks to Greater Boston Legal Services. But doing it, even with an attorney’s help, was a whole other thing. Her first application got lost somewhere between the post office and the probation department, which cost her a year. It took two years to process her second application, she said.
“Now here we are, years later, and it’s no longer a burden I have to worry about,” said Shay, who now works to help those with records get into the cannabis industry.
She’s doing well now, but why should it ever be this hard?
In 13 other states — including Oklahoma, Michigan, and Utah — they automatically seal criminal records after someone has met the conditions. It’s embarrassing that Massachusetts hasn’t joined them yet. Legislators have introduced measures to automatically seal eligible criminal records a bunch of times since 2019, but they’ve gone nowhere.
Clean Slate Massachusetts is working to make this time different, with the help of a huge coalition of community partners, including business leaders who understand we all thrive when more people can find work and stability. Yet again, legislators have proposed two bills that would require the state to automatically seal records in cases that are already eligible under the law.
So much about this country is messed up right now. Here is something we can actually fix.
What the heck are we waiting for?
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This story has been updated to correct the charge of which Shay was convicted.
Globe columnist Yvonne Abraham can be reached at yvonne.abraham@globe.com.
