Arrests for minor crimes spur resentment in some Baltimore neighborhoods

[Rosa Luxemburg]

Source: Baltimore Sun

For Tayvon Wiggins, applying for a job brings almost certain disappointment.

"I go through the interview process, but as soon as they check my background, I can't pass it," the West Baltimore man said. He has been convicted of minor traffic violations but believes the real problem stems from other arrests that remain on his record even though they were never prosecuted.

Wiggins, who has been working odd jobs as he moves to get those records expunged, illustrates the frustration felt by some Baltimoreans who have trouble finding employment because of arrests, including those for minor charges such as trespassing. The issue, which has sparked resentment in West Baltimore and other neighborhoods for years, has received new attention in the aftermath of Freddie Gray's death....

Jeff Fagen, a Columbia Law School professor who analyzed data for the Justice Department in Ferguson, said minor arrests such as trespass, loitering and having an open alcohol container — often called "quality of life arrests" — are "simply nonsense" as a tactic for fighting crime. "It's about social control, not safety," he said.

Read more: http://www.baltimoresun.com/news/maryland/investigations/bs-md-ci-minor-arrests-20150823-story.html

[Gormy Cuss]

1. Aside from the fact that these arrests are more about social control,

employers should never have access to arrest data but only to convictions and even then, non-traffic misdemeanor convictions shouldn't be included in most cases.

An open bottle of beer isn't a sign of moral turpitude.

[csziggy]

3. True - our system holds people INNOCENT unless convicted

Information about investigations or arrests that did not end in a conviction should not be part of an employer's consideration.

Today it is probably nearly impossible to keep those records private, though. Some communities have "police blotters" in which every event handled by police is listed. Often that makes the newspaper or an online source.

Perhaps a court case in which an employer is sued because they dismissed a job candidate because of an arrest record that included no convictions? Maybe the Department of Labor should establish rules that those records cannot be part of an employment review?

[Gormy Cuss]

8. Police blotters in newspapers is as old as the hills.

There are two separate issues: one, can it be found and aggregated in public sources and two, should it be legal for employers to use it as a screening tool. Controlling the latter is simple through legislation.

[csziggy]

9. Yes, but now it is much easier to locate the information if online

That's why legislation or regulation should control the use of that information for employers' use.

Eliminating someone from employment or from educational or social programs just because they were arrested should be unconstitutional. Arrest does NOT mean guilt as clearly stated in the Constitution. Blocking people from the social safety net or from employment is pretty much a guarantee that they will be driven to crime out of desperation or be relegated to a life at the bottom of our society. That is not what our country needs.

[last1standing]

2. This is the kind of real problem that MUST be addressed by ALL campaigns.

We are systematically precluding our minority youth from higher education and gainful employment with draconian laws and unequal prosecution.

You can't expect a kid who knows he'll never be able to go to college because he's ineligible for grants and loans, and therefore stopped from ever finding real employment, to choose a life of crushing poverty over at least a chance of wealth from dealing drugs or theft.

[bluestateguy]

4. At a certain point

At a certain point we are going to have to have a conversation about employment discrimination of those who have been convicted of crimes, but have already paid their debt to society.

That will not be an easy conversation to have.

[Travis_0004]

5. I pulled up his record, he has an arrest for armed robbery

I can see why employees wouldn't hire him. I agree that if somebody was not convicted, then it should not be on their reccord, but its a bit dishonest to describe his record as minor charges.

He has also been arrested multiple times for driving with a suspended liscense. I would not describe that as a minor traffic violation, and I think it shows poor judgement.

I don't disagree with the premise of the article, but that should have choosen somebody else to use as an example of getting held back by the system.

[Rosa Luxemburg]

6. I don't think you have the right man

[csziggy]

10. And there is another problem with the system

Any random person can look up records but be unable to make sure the records they find are for the correct person. It's the same as purging the voting rolls of felons without verifying that the people being blocked from voting are the felons (whether or not felons should be permanently deprived of their right to vote is an entirely different subject).

So if employers look up the man in the OP, find the person that Travis_0004 did and assume that the person applying for a job, they could be mistaken about previous arrests - even when an arrest without a conviction should not be considered in employment.

Records of arrests that do not result in conviction should have that indicated. Or should be purged from public records. That will not take them out of the newspapers and other online sources, but an employer who relies on those uncertain records is sloppy about their sources.

[madville]

11. I just looked at the Maryland court records

There is only one Tayvon Wiggins in the system for the entire state, has a birthdate of 08/1988.

A few paternity cases, about 20 traffic cases, 7 or 8 criminal cases, theft, robbery, a firearms charge, destruction of property, etc.

If that's not him then he doesn't have any court records in Maryland.

Looks like the reporter didn't do their research, took me about a minute to do a Maryland Court Records search.

Sure it's an issue, but that's a poor example.

[Rosa Luxemburg]

13. There is another one

[Liberal_in_LA]

7. kick

[Nye Bevan]

12. All arrests that do not result in convictions should be eliminated from all records.

And it should be illegal to ask about arrests as opposed to convictions. Arrests without convictions are meaningless.

[Rosa Luxemburg]

14. I agree