For Immediate Release:
January 8, 2019
 
Contact:
Matthew Nocella, 202.286.1987 - mnocella@dccouncil.us

Grosso re-introduces bill to modernize sealing of criminal records

Washington, D.C. – Today, Councilmember David Grosso re-introduced legislation that would overhaul the way that the District of Columbia handles records of arrests, charges, and convictions in D.C. to support reintegrating people with such records into the community.

“We have begun to move away from using criminal penalties as the solution to social issues, we are seeking to undo the discriminatory policies of the War on Drugs, and we are seeking to support people who go to jail or prison to be successful upon their return to the community,” Grosso said. “One significant barrier to successful reentry is a criminal record.”

The Record Sealing and Modernization Amendment Act of 2019 establishes a process for expungement of records, qualifies certain records for expungement, and allows for automatic expungement or sealing of records in certain cases. Additionally, it expands the number offenses eligible for sealing to include all misdemeanors and most felonies and allows for sealing of multiple convictions (FACT SHEET).

A report from the Center for Court Excellence released in 2016 noted that the burden of criminal records falls almost exclusively on black residents—96% of people sentenced to prison in D.C. are black.

That same report called on the Council to reform the criminal records sealing process.

“It is time for us to recognize that making criminal records available does little to improve public safety and directly harms the individuals concerned, in fact hampering their ability to leave behind involvement in criminal activity,” said Grosso. “The negative impacts of criminal records harm tens of thousands of residents of our city, as do the decades of discriminatory criminal justice policies and practices, disproportionately affecting African Americans. We have an obligation to confront it and seek bold remedies.”

Research published by the Urban Institute last year found criminal record was a direct barrier to gaining employment, even as having a job is the most important factor in helping returning citizens to avoid recidivism.

Nationally, there is a bipartisan policy trend that acknowledges the unfair premise of visible criminal records and the relationship between criminal records and recidivism. In the past several years, 21 states have passed laws that expand opportunities for sealing or expunging records.

“This bill would put us at the forefront of restoring people after an arrest and trial or the conclusion of a criminal sentence,” Grosso said.

Originally introduced in 2017, Grosso’s bill received a hearing along with similar proposals introduced by the mayor and other councilmembers.

"I was extremely encouraged by the broad agreement heard at the 2017 hearing that improvements can be made to the way D.C. handles the sealing of criminal records,” Grosso said. “It demonstrated the strong will within both branches to move forward with reforms that will remove barriers to successful reentry for our residents with criminal records.”

Ward 6 Councilmember Charles Allen, chairperson of the Committee on the Judiciary and Public Safety, Ward 5 Councilmember Kenyan McDuffie, At-Large Councilmember Anita Bonds, and Ward 8 Councilmember Trayon White joined Grosso as co-introducers.

“It is my hope that the Record Sealing Modernization Amendment Act of 2019 can help fulfill the promise to returning citizens—or even people who are arrested and nothing ever comes of it—that we support them and will not judge them forever for past mistakes,” Grosso said.

###

Comment