Second Chances After Incarceration

April 2024 is Second Chance Month, a time for the United States to recognize the many collateral consequences faced by formerly incarcerated individuals. People coming out of prison struggle to find work and may be denied housing. They may face child custody or immigration battles. Every year, over half a million people who are released from incarceration have to overcome these hurdles. Approximately 1 in 28 children in the U.S. has an incarcerated parent. The United States incarcerates more people than anywhere else in the world. 

On March 30, President Biden issued a Proclamation stating,

“Every year, more than 650,000 people are released from State and Federal prisons, some leaving with nothing more than a few dollars and a bus ticket to start their new lives.  In total, over 70 million Americans have a criminal history record, which can make it hard to secure a steady job, safe housing, affordable health care, or a good education — all important things to have when trying to build a good life.  Studies show that when these needs are met, we do not just empower formerly incarcerated people — we prevent crime and make our communities safer.”

This sentiment is not new — prison and justice reform groups, as well as the U.S. Department of Justice, have been publishing studies and data on recidivism for years. 

The U.S. government spends a whopping $80 million on incarceration every year. The same resources are not spent on post-incarceration reintegration and rehabilitation. But DOJ studies show that the #1 predictor of success, in terms of fighting recidivism, is employment. According to data published by the Department of Justice’s Bureau of Justice Statistics, of state prisoners released in 2012 across 34 states, 62% were rearrested within 3 years and 71% were rearrested within 5 years. 46% of them returned to prison within 5 years. Formerly incarcerated individuals face an unemployment rate five times higher than that of the general population.

One way to fight recidivism rates and get people back to work is through automatic expungements and sealing. Sealing is the process of having one’s arrest record hidden from public view. Expungement is like taking an eraser to the arrest record altogether. Not everyone is eligible for sealing and expunging — depending on the state, they’re usually reserved for lower level, non-violent offenders with little-to-no criminal history. 

It’s also crucial for businesses to not turn away potential employees simply because of a record. Some (if not most) records look much worse on paper, and there are plenty of formerly incarcerated individuals who use their time in prison to better themselves, whether it be by taking classes or learning new skills. Giving formerly incarcerated people these opportunities can allow them to re-integrate into society and provide for their families.

The problem with how expungement and sealing functions currently is that they are quite complicated — the statutes are written in confusing legalese and require multiple steps that can be difficult to navigate without a lawyer.

The Clean Slate Initiative works to pass legislation to provide for automatic expungement and expand eligibility. Currently, 12 states have passed Clean Slate Legislation (sadly, it hasn’t been passed in Florida yet). 

If you believe you may be eligible for sealing or expungement, contact Altonaga Law to learn about your options.

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