U.S. judges cannot expunge convictions despite job threats: court

[Eugene]

Source: Reuters

World | Thu Aug 11, 2016 12:42pm EDT

U.S. judges cannot expunge convictions despite job threats: court

NEW YORK | BY NATE RAYMOND

Federal judges cannot expunge convictions from people's criminal records even when it prevents those who have been rehabilitated from getting jobs, and Congress should consider granting the judiciary that power, a U.S. appeals court ruled on Thursday.

The 2nd U.S. Circuit Court of Appeals in New York overturned a May 2015 ruling that expunged the records of a 2001 conviction of a woman who spent years struggling to hold down jobs because of it.

Circuit Judge Raymond Lohier called the situation "unfortunate" for the woman, known in court records as Jane Doe, and noted Congress has occasionally let judges give onetime criminal defendants a clean bill of health.

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The decision reversed a ruling by former U.S. District Judge John Gleeson in Brooklyn. It came amid growing attention to ensuring that people with criminal records are treated fairly when seeking employment and trying to rebuild their lives.

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Read more: http://www.reuters.com/article/us-usa-crime-expungement-idUSKCN10M1UQ

[tonyt53]

1. I always thought jail time was rehabilitation time for those serving. It appears I was wrong.

[TransitJohn]

12. Lol

An arrest, let alone a conviction, stays with you for life.

[whatthehey]

2. Unintended consequences portend

If judges can expunge records on the basis of employability, we know darn well judge-shopping lawyers will sell that service to anyone who can afford it, and that we will see far more expunged records of the well to do than the needy poor. And for every poor working single parent who made a mistake trusting a friend and got caught as an unwitting drug mule, there will be a CPA serial embezzler looking for his next mark which will be easier to find with a clean sheet, and that's before we get into the potential horrors of teachers and priests with renewed spotless records.

Is there a need for this to be done? Of course, for some people. But there are also many reasons why it may be a bad idea for others. Writing a law that can actually distinguish in black letters which is which will be far from easy.

[FreakinDJ]

4. the "Well to do" don't get arrested in the first place

[whatthehey]

5. Utter crap. At a lower rate sure, but lawyers aren't paid by broke defendants, and myriads exist

[Hortensis]

6. Even if it worked this way, at least people with influence

would be able to get out from under this terrible handicap. Better than none.

However, I do NOT agree that it has to work this way. At all.

This will have to wait, however, for a change in the makeup of Congress. Conservatives are naturally more punitive than liberals, social cons especially a lot more, and this sort of institutionalized persecution is undoubtedly the doing of conservative minds.

[whatthehey]

7. How would it work to avoid pay for results endemic in the system?

It's not even that we have to posit corrupt judges, although we'd be fools to deny their existence. The better the lawyer the better the result. Take a look at any state, such as Missouri, that allows traffic tickets to be plead down to nonmoving violations to see what the inevitable result of legal system remedies will be.

[Hortensis]

9. You have your viewpoint, and IMO it's an unrealistically

dark one, but I'm not going to change it by pointing to all the history that doesn't fit your model. Have a nice evening moping over the evil world.

[whatthehey]

10. So all those thousands of attorneys pleading down tickets for cash don't exist?

It's hardly just my opinion when there are ads over every fucking road in St Louis. Maybe you are confusing reality with moping.

[Jake Stern]

3. This is not a minor pot possession rap.

She was a participant in a scheme to commit pretty heavy fraud.

Not much pity from me.

[LanternWaste]

8. What is the relevance of your lack of pity...?

What is the relevance of your lack of pity...?

[Xolodno]

11. Damned if you do and damned if you don't.

On one hand, a child molester with an expunged record can be dangerous if said person works at a daycare facility.

On the other hand, someone in a moment of severe financial weakness gets nailed for fraud....is forced to live a life of financial weakness.

And lets drop the other shoe, mandatory punishments on crime due to "three strikes laws", "minor drug offenses", etc.

On one hand, "get tough on crime" laws take away power from the Judges, flip side, a racist Judge isn't going to be fair.

There are ways to fix this, albeit complicated, but everyone wants the easy way out.