NCJ Number
59714
Date Published
1978
Length
16 pages
Annotation
THIS PAPER CONTENDS THAT EXPUNGEMENT OF CRIMINAL RECORDS CAN FACILITATE OFFENDER REHABILITATION, EMPLOYMENT, AND REINTEGRATION INTO SOCIETY, AND CAN THEREBY REDUCE RECIDIVISM.
Abstract
DESPITE RELATIVELY WIDESPREAD JUDICIAL RECOGNITION OF THE LABELING AND DISABLING EFFECTS OF A CRIMINAL RECORD, LITTLE ATTENTION HAS BEEN PAID BY MOST LEGISLATORS AND BEHAVIORAL SCIENTISTS TO MEANS WHEREBY THE LAW MIGHT RELIEVE OFFENDERS OF THIS HANDICAP. HOWEVER, THE OHIO LEGISLATURE HAS PASSED AN ACT TO EXPUNGE RECORDS OF FIRST OFFENDERS. THE EXPUNGEMENT STATUTE BECAME EFFECTIVE IN JANUARY 1974 WITH REGARD TO CONVICTED FELONS AND HAS THE FULL FORCE AND EFFECT OF ERASING THE LEGAL EVENT OF CONVICTION OR ADJUDICATION, THEREBY RESTORING EX-OFFENDERS TO THEIR PRECONVICTION STATUS. THE STATUTE IS VIEWED AS ONE ANSWER TO UNEMPLOYMENT PROBLEMS OF EX-OFFENDERS. HIGH UNEMPLOYMENT RATES ARE REFLECTED IN RECIDIVISM RATES; 70 PERCENT OF ALL OFFENDERS RELEASED EACH YEAR WILL RETURN TO PRISON. UNEMPLOYED AND UNDEREMPLOYED PAROLEES ARE FOUR TIMES AS LIKELY TO RETURN TO PRISON THAN THEIR FULLY-EMPLOYED COUNTERPARTS. THE EVIDENCE IS CLEAR THAT THERE ARE MILLIONS OF PERSONS WHO BEAR THE LEGAL STIGMA OF A CRIMINAL RECORD EVEN THOUGH THEY HAVE REFORMED AND AVOIDED FURTHER CRIME. FLORIDA OCCUPIES A UNIQUE POSITION WITH REGARD TO THE STORAGE AND DISSEMINATION OF CRIMINAL RECORDS. A STATUTE PROVIDES THAT STATE, COUNTY, AND MUNICIPAL RECORDS MUST BE OPEN FOR PERSONAL INSPECTION BY ALL CITIZENS. THE FLORIDA CRIME INFORMATION CENTER OPERATES IN CONJUNCTION WITH THE NATIONAL CRIME INFORMATION CENTER OF THE FBI. FOOTNOTES ARE INCLUDED. (DEP)