A person can serve their sentence, complete probation, and reenter society, with one glaring obstacle: a criminal record that follows them everywhere they go. It affects the process of finding a job, a house, and how a community views them in general. Is a criminal record a necessary means of ensuring a community’s safety or is it an inhibitor of justice?
Let’s get some background first. All arrests and convictions are recorded in databases used by law enforcement, courts, and the public. Criminal records can include both minor offenses, such as shoplifting, serious crimes, such as assault or murder, and also sometimes arrests, even if a person was never convicted
Criminal records, like every part of the CJS, also vary by state. Some states automatically erase certain minor offenses after a period of time, while others keep them permanently unless a person goes through a complicated legal process to have them removed. Some states allow employers and landlords to see a person’s full record. Other states allow only limited access. For tons of details on state differences, this website has useful charts and information.
Criminal records mean that after someone serves their sentence (the theoretical form of rehabilitation for a crime) their past continues to affect them. A criminal record can make it harder to get a job, rent a house or apartment, and live life.
We still need to consider both sides of the story. Public safety is a legitimate concern—employers, landlords, and communities want to know if someone has a history of violence or fraud. In many cases, just because someone no longer has to serve time for something they have done doesn’t mean they are actually done with a particular lifestyle.
As a Catholic, I think it is hard to find a place between believing in redemption and also having reasonable concerns and doubts. A justice system that punishes indefinitely contradicts the idea that no one is beyond grace. Think about if you had a permanent record of all of your biggest mistakes in life--sounds horrible! Keeping a record forever can prevent a person from fully rejoining society, pushing them toward further isolation, poverty, or even recidivism. If we truly want rehabilitation, we must be willing to make it possible.
Another factor I want to look at next week is the role criminal records might play as a deterrent. The idea of permanent accountability could reinforce the idea that actions have lasting consequences, and possibly deter people from committing crimes. Is there any data to back that idea up? We’ll find out next week.
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