The Gorham Times, Gorham, Maine's Community Newspaper

This session, I’ve sponsored several bills to continue to fight for criminal justice reform in Maine. It is my firm belief that minor crimes committed in the past shouldn’t prohibit anyone from bettering themselves and reaching their full potential, especially once they have paid their debt to society.

According to The Council of State Governments, if a person with a criminal record has gone seven years without committing another crime, the odds of that person committing another crime are the same as someone who has never committed a crime. Yet the collateral consequences of having a criminal record follow people around for the rest of their lives, if they live in Maine.

In the months following a prisoner’s release, access to employment is absolutely critical to ensure that the individual can provide for themselves and their families so they don’t commit another crime that lands them back within the criminal justice system. Having a job also provides a sense of responsibility and community that can go a long way towards setting someone on the right path going forward. But oftentimes criminal records keep gainful employment out of reach for reformed ex-convicts.

Studies have shown that having a criminal record makes someone 50 percent less likely to get a job callback than someone with a clear record. The likelihood of a job callback for a person of color with a criminal record is even slimmer.

Additionally, a large number of occupations in Maine require a license that can be denied based on a criminal record, even if the occupation is not related to the crime that was committed. This can mean that shoplifting one item when you were 18 years old could prohibit you from working in the health care profession, among many other things, for your entire career.

Statistics show that roughly one in three adults in the United States has a criminal record and faces significant hurdles when it comes to entering the job market. This means that roughly one in three Mainers are prohibited from entering fields requiring licensure, in spite of the grave workforce shortages the state is experiencing within many fields, particularly health care.

To address this issue, 35 states have adopted criminal justice reform policies that permit the clearance of some misdemeanor convictions from permanent records, with 28 of those states also allowing the clearance of some felony convictions. Maine is one of only 15 states without any record clearance laws.

That’s why I will soon present LR 347, “An Act To Clear a Path to Employment.” Should this bill pass, any person that has been convicted of one Class C Felony crime and/or one Class D or E Misdemeanor crime, except those crimes that involve sexual assault or domestic violence, and has had no recurring criminal misdemeanor or felony convictions for seven years will have those records sealed.

This would mean that any record of the conviction would be shielded from routine background checks, but would still be visible for law enforcement officers. My bill would also follow the model laid out by Illinois in rewarding education by waiving some of the years if a person earns a high school diploma, associate’s degree or other specified educational achievements while serving his or her sentence.

Now is the perfect time to initiate these reforms because the state is moving forward to electronic court records.

This is only one of the proposals I’ve submitted this session to review Maine’s criminal justice code in order to give people a second chance while also expanding our workforce. One mistake shouldn’t preclude those who have paid their debt to society and are ready to be responsible citizens from moving on and contributing to society in a positive way.

If you have any questions or comments on legislation as the session progresses, please don’t hesitate to contact me.

(207) 287-1505, (800) 423-6900, amy.volk@legislature.maine.gov