Old Online Articles Prevent a Fresh Start
MINEOLA, N.Y., Feb. 3, 2021 /PRNewswire/ -- The following is from Rick Collins, a principal in Collins Gann McCloskey & Barry PLLC:
As Co-Chair of the New York State Bar Association Criminal Justice Section's Sealing Committee, I was part of a broader advocacy coalition in support of record sealing bills that were introduced in Albany until, in 2017, New York joined the ranks of the vast majority of states by enacting a broad criminal record sealing statute.
Prior to the new law, most of those convicted of low-level, non-violent crimes would remain forever hampered by their publicly accessible conviction records. As a result, thousands of non-violent first-time offenders, including a disproportionate number of people of color, lived with the permanent stigma of a criminal conviction long after their debt to society was paid. A criminal record can be an obstacle in more than 100 licensed professions and present roadblocks in housing and education. There have been countless rehabilitated ex-offenders denied jobs due to a low-level crime dating back 20 years. By allowing individuals with limited, non-violent conviction records from ten or more years earlier to petition the court for sealing, the new law offers hope and opportunity to thousands of people who had reformed their lives.
Sadly, the initiative has been sabotaged by the editorial policies of countless media entities with online presences. Many publications publish local arrest news from police blotters, which can include the suspect's name and photograph. Even if the case is later dismissed or the person is found not guilty, the story remains online. Convictions are also widely reported, and the online story links remain permanently hosted – even if the case is later sealed. It is a tragic irony that all the effort expended by advocates and lawmakers – and all the effort by individuals who now petition courts throughout the state to have their records sealed – is undermined because a simple Google search for a person's name will disclose the link to the original news account.
As a criminal defense lawyer, I am routinely consulted by individuals seeking to seal their ancient criminal conviction records – typically based on something they did within a remote window of immaturity, poor judgment, mental health issues, or substance abuse. Some are seeking better employment opportunities while others are long retired but seeking a certain "peace of mind" as closure on a distant and regrettable chapter of their lives. I must inform them that while I can shield their court records from the public view that occurs through a standard background record search, I cannot do anything about changing the results of a search engine query by name.
But times may be changing. The Boston Globe's recently announced "Fresh Start" initiative allows individuals to appeal to the publication to have old online articles edited or taken down (https://www.bostonglobe.com/2021/01/22/metro/globes-fresh-start-initiative-submit-your-appeal/. "Going forward, the Globe will allow all people to appeal their presence in older stories published on our websites," they announced. "We are not in the business of rewriting the past, but we don't want to stand in the way of a regular person's ability to craft their future." The policy recognizes the permanent damage that ancient news stories can do to pursuit of the American Dream, and has inserted humanity into its editorial policies. The Fresh Start policy reflects the future on this issue. I call upon other publications to do the same.
Rick Collins is the Co-Chair of the New York State Bar Association Criminal Justice Section's Sealing Committee, a Past Co-Chair of the Reentry and Collateral Consequences Committee of the American Bar Association's' Criminal Justice Section, and a principal in Collins Gann McCloskey & Barry. He can be reached at 516-294-0300.
SOURCE Collins Gann McCloskey & Barry PLLC
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