Testimony for H. 1598/ S.979. & H.1493/S.998
Right now in our state, numerous people have made mistakes in their lives, served their time, and returned to society only to find they are unable to fully reintegrate into our community because, even though they are eligible to clear their records, they have been unable to do so. We tell people they have the right to a clean record after 7 (felony) or 3 (misdemeanor) years but then we make them jump through complicated hoops in order to actually receive a clean CORI. Requiring people to go through a complicated procedure in order to clear their name is unnecessary and hurts not just them but the people of our state. It is time to implement an automatic sealing process.
When our forefathers founded the United States, they embedded the concept of due process in our Constitution which states that no person shall be “deprived of life, liberty, or property without due process of law.” Due process requires that our government develops fair and just procedures. Yet in Massachusetts we seem to have forgotten this fundamental right. How can our state consider instituting a system that constantly punishes someone long after they have served their sentence (and sometimes when they have never been convicted of any crime) to be a fair and just process? Yet, we use CORIs to deprive people of being able to live their lives fully all the time.
While this is unduly harsh to the people and families who suffer from the never ending punishment they receive long after having served time for a crime, the negative impact ripples through our entire society. By preventing someone from accessing work, housing, training and other vital services, it is not just tragic for that person and their family, but our society is deprived of their work and contribution to our community as well. And, worse, if they end up homeless and without income, the state often ends up paying for their care. The consequences of creating a class of unemployable people isn’t just unjust to them, it’s unfair to the rest of society as well.
Our founders understood that we need to allow everyone to have access to a fair process. They also understood that once people have served their time, we need to allow them to reintegrate into society instead of creating permanent pariahs, which is what these CORIs do. We need to return to our foundational principles – not only because it is due process for someone who has violated the law, but because it is also better for our society as a whole. Sealing these CORIs automatically will result in helping to create Justice for All.
Caroline Bays
Progressive Massachusetts
