Sealing of Criminal Convictions

Ethical Cornerstones

A commitment to restorative justice means addressing the hurt of each person whose life has been touched by crime. Retributive justice often reflects the spirit of vengeance and ignores the systemic societal dimensions associated with crime. The challenge is to incapacitate offenders in a manner that limits violence, and holds open the possibility of conversion and restoration. (ELCA Statement on the Death Penalty).

Restorative justice points to government responsibility for:
· protecting society.
· promoting wholeness of life (1 Timothy 2:1-2).
· encouraging family support. (support of loved ones is essential for wholeness of individual and society.

Problems
Those with a criminal record must deal with the stigma of that record for the rest of their lives – even after they have fully paid their debt to society and, in many cases, lived law abiding lives for many years.

Discrimination by prospective employers and landlords against people who have a criminal conviction is a well-documented reality.

Presently, criminal records are sealed only when the case has been terminated in favor of the accused, terminated by conviction for a noncriminal offense, or by a Youthful Offender Adjudication.

What Will Help

· People convicted of nonviolent drug offenses who have completed appropriate treatment and/or remained crime free should have an opportunity to rebuild their lives without the stigma of a criminal record.

· A10988 (Aubry) changes present law to prevent this type of discrimination against those trying to rebuild their lives

(5/2006)