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As J.J. Prescott and Sonja B. Starr advocate, it is high time to institute automatic expungement of records for minor criminal acts once the formal sentence has been served.
It would amend section 25-03.1-45 therequire the automatic expungement of the record of an individual who has a drug conviction for a controlled substance that has been legalized; create an appeals process for an individual who believes the state did not expunge a record properly; and eliminate the state's sovereign immunity for damages resulting from expungement lawsuits.
North Dakota's ballot proposal this November calls for the automatic expungement of some marijuana-related convictions.
Ensuring confidentiality of records, and then automatic expungement, is one way to ensure that some of these barriers to success are broken down.
If our approach to crime is really about justice, initial sentences should include a finite path to automatic expungement of the person's record, putting an end to the burdens a criminal record places on people.
At-risk and disadvantaged youth become even more at risk, and are much more likely to commit another crime, whereas automatic expungement of records sees a much higher rate of juveniles remaining arrest free, and more likely to graduate from college.
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(On Tuesday, State Assemblyman Rob Bonta of Oakland proposed a law that would make the pot-conviction expungement process automatic, putting responsibility directly on the court system rather than individuals, as the LA Times reported).
We will continue to encourage applicants to come forward, but I agree with the writers that expungement — in our case, for misdemeanor marijuana possession — should be automatic and enacted through legislation.
Not only should expungement of records be available to all juveniles, it needs to be automatic, as well as straightforward, with Alaska serving as an exemplary model.
Permanent, open records are like a ball and chain that prevents youth from becoming productive adults, reducing opportunities for employment, eroding the tax base and can lead to increased recidivism due to reduced job prospects". Not only should expungement of records be available to all juveniles, it needs to be automatic, as well as straightforward, with Alaska serving as an exemplary model.
via JJC Recommends App for Expungement.
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