New Study Ranking State Requirements for Misdemeanor Expungement Emphasizes Need for Criminal Justice Reform
NEW YORK, Jan. 9, 2020 /PRNewswire/ -- A just-released study ranking states' expungement policies reveals that New York has the most stringent process for clearing certain criminal records, followed by Louisiana, Iowa, Tennessee, and South Dakota. Conducted by Rosenblum Law, the study serves as another example of the need for criminal justice reform, according to Adam H. Rosenblum, Esq., founding attorney of Rosenblum Law.
"The impact of a criminal record – even for a misdemeanor crime such as shoplifting a $200 item – can be substantial. It affects a person's ability to be hired, career advancement, rent an apartment or buy a home, and much more. Criminal justice reform needs to expunge misdemeanor crimes, so people have opportunities for success in the future," said Rosenblum.
Expungement Policies Nationwide
Many states have stringent policies to expunge criminal records for misdemeanor offenses, such as shoplifting an item valued at $200, which can have a long-term impact on an individual's future. Of the 50 states, 42 have expungement processes and each requires multiple steps that make it difficult to have a criminal record cleared. These include:
- Satisfaction of sentencing. Before applying to clear any criminal conviction, most states require the person to complete appropriate sentencing, such as jail/prison time, supervised release, and payment of any fines.
- Waiting period. A person must wait between two months and 10 years, and the period typically begins after the sentence is satisfied.
- Filing the petition and paying the fee. A person must complete a lengthy application, which may require obtaining copies of his/her current criminal record and other documents. Additionally, most states charge an application fee that can range from $5 to more than $500.
New York is Toughest State
In New York State, those who wish to have their records sealed must wait 10 years after the completion of any incarceration and payment of any fines or other restitution before filing the application. While the fee is low ($5-$10) the waiting period alone puts the state firmly on top. This is unacceptable to many lawmakers, including New York State Senator Alessandra Biaggi (Democrat; 34th Senate District) and New York State Senator Jamaal Bailey (Democrat; 36th Senate District).
"When we look at expungement and effectively changing the process, we have to be honest about how our laws have been unequally applied," said Senator Biaggi. "We have to be careful about how we draft the next set of laws, so people are nor criminalized for the rest of their lives."
Senator Bailey agrees. "Far too many individuals have misdemeanor offenses and are unable to eradicate them. It's unfair to those people who want to get on the right track but have a certain stigma attached to them. They should be allowed to reclaim their lives. Sealing records will allow for that."
For a complete ranking, as well as the methodology, visit the Clearing Criminal Records: Ranking the States from Toughest to Easiest webpage on the Rosenblum Law website.
About Rosenblum Law
At Rosenblum Law, our practice synthesizes talent and experience to establish a first-class law firm whose first priority is our clients. Among the specialized practice areas are traffic tickets, expungements, criminal defense, copyright infringement, personal injury, and estate planning. The firm has offices in New York and New Jersey.
SOURCE Rosenblum Law
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