PressEthic

In 41 states, people who have been arrested for or convicted of misdemeanor crimes like shoplifting, alcohol infractions, or being ‘drunk and disorderly,’ to name a few, have the opportunity to get their record expunged after a certain amount of time if the judge deems it acceptable. Judges make the decision if they rule that enough time has passed, the person wasn’t convicted of the crime, or it was an extremely minor infraction – basically, it’s up to them. Once the judge makes that decision, however, the record is sealed, erased, “expunged.”

Or so we thought. Now that criminal records are being entered into online databases, often times the crime doesn’t get expunged from the database even if it does on paper. The same goes for judicial records—now that they are online, they are becoming easier to access. And who wants to access them? Employers.

In Florida, anytime someone is arrested, it goes on criminal record—whether they are acquitted or even if the charges are dismissed before trial. For juveniles, if they complete a diversion program or after a specified amount of time has passed (sometimes when they turn eighteen). However, again, now the joint you were caught with when you were 14 may be on your record forever.

The criminal records that are put in online databases are now frequently being sold to the private sector. They are updated rarely if not at all.

The article reads,

”Private database companies say they are diligent in updating their records to reflect the later expunging or sealing of criminal records. But lawyers, judges and experts in criminal justice say it is common for people to lose jobs and housing over information in databases that courts have ordered expunged.

These critics say that even the biggest vendors do not always update their records promptly and thoroughly and that many smaller ones use outdated, incomplete and sometimes inaccurate data.”

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With the advent of Google becoming not just a noun, but also a verb, information is at our fingertips about anyone, anytime. However, shouldn’t there be limits to such information? The article says that since 9/11 the number of background checks has soared—and those records people thought had been expunged years ago are turning up.

The article quotes the director of the Prisoner Reentry Institute at John Jay College of Criminal Justice in New York as supporting background checks to some degree, saying

“Something like 80 percent of large- or medium-sized employers now do background checks. Employers need to know about job-related convictions to make a nuanced, responsible decision so that they can protect themselves and the public and give people a fair shot at employment.”

But as for the current system,

“It’s unfettered. It’s not regulated. There’s misinformation.”

Think about how this might affect our lives or people we know. A charge of disorderly conduct? Dismissed. Expunged. And yet years later, you are denied approval to buy a condo. Your job offer is rescinded. These examples are in the article, but I am sure many more exist.

I admire the fact that the journalist who wrote this article went out of his/her way, or at least the editor did, to pursue a story that has not been talked about very much, is not “breaking news,” but is very relevant to the American public. It’s something we all should know about, and the article at least gives people information to begin a debate about whether the private sector should be allowed access to criminal databases that are not regularly updated.

A judge is quoted in the article as saying,

“It’s the ultimate Big Brother, always watching you.”

It’s a painful side effect of the Internet allowing us access to information, but I see the point of employers and landlords wanting criminal background checks. However, are we no longer allowed any privacy? Any anonymity or choice about what gets to be online and what doesn’t? Should there be some kind of regulation system on the Internet or in the release of information to online database and to the private sector? Not to mention it’s unethical for an employer or landlord to rescind a job offer or not go through with a sale because they find out the person has a criminal record, and then find out that the record has legally been expunged (on paper, at least). At some point, we have to draw the line on the access to information. The Internet is a powerful tool, but it’s far from perfect.