Congress Had an Impressive Criminal Justice Month

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Last month was National Criminal Justice month, dedicated to “raising awareness and promoting education on the criminal justice system.” This year, it’s clear that Congress took time not just to raise awareness of the system but to also reform it.

Over the last several weeks, it has been busy considering the Clean Slate Act, which would allow the courts to “automatically seal records related to (1) a conviction for simple possession of a controlled substance or for any nonviolent offense involving marijuana, or (2) an arrest for an offense that does not result in a conviction.” It would also allow individuals meeting specific criteria to “seal records related to a conviction for other nonviolent offenses.”

Many American adults share the common experience of interviewing for a job and getting turned down. They leave wondering if they said or did something wrong. But millions of Americans never wonder. They knew rejection was the likely outcome before they sat across from the hiring manager. Why? Because they have a criminal record.

“You get so many no’s they start feeling like, I’m not even part of this society, I’m not even getting the opportunity to show that I can do this work,” said Paul Clayton, an advocate for the Clean Slate Act and the chief policy advocate of Futures Restored, a nonprofit dedicated to reducing recidivism through criminal justice reform. He spent more than two decades in prison for mistakes he made in his 20s before growing in personal and spiritual faith and turning his life around. 

Clayton had a robust support system after his release and was ultimately able to find employment. But others are not so fortunate. 

According to a recent study from RAND Corporation, 64% of unemployed men in their 30s have a criminal record. Former offenders with a criminal record are nearly 50% less likely to be called back for an interview.

Their records affect their communities as much as it does their personal situations. Studies show that their inability to find employment causes them to return to the prison system, breaking up families and making American communities less safe than they were before.

This issue doesn’t just affect the inner cities; it affects just about every congressional district in the country. A March study from Texas State University, a historically black university, and Utah State University, which primarily serves a rural area, made this clear. It found that “rates of incarceration differ little between rural white-majority geographies” and “urban black-majority geographies and rates of unemployment directly correlate with rates of recidivism across all geographies.”

It’s a vicious cycle Americans can no longer afford. The lack of an income stream creates hardship on families. The economy suffers when businesses cannot find employees — and, as with most things, taxpayers foot the bill for the financial strain resulting from overburdened prisons and jails. 

Thankfully, Congress pent Criminal Justice Month pushing the Clean Slate Act with significant force and vigor.

U.S. Reps. Guy Reschenthaler (R-PA) and Lisa Blunt Rochester (D-DE), the House sponsors, recently hosted a joint roundtable luncheon regarding the legislation that congressional members and influencers attended, including key members of the Judiciary Committee.

Thanks to their effort, the Clean Slate Act obtained six new co-sponsors, including Jim Banks (R-IN), the chair of the Republican Study Committee, and Kweisi Mfume (D-MD), the vice chair of the House Committee on Small Business. Its sponsors are split evenly between Democrats and Republicans and features an impressive mix of stalwart conservatives and progressive Democrats.

Reschenthaler and Blunt Rochester’s hard work appears to be paying off. Sources report that congressional leaders, including Majority Leader Chuck Schumer, look favorably upon the Clean Slate Act. They state that Congress is considering including it within a criminal justice reform package, the negotiations of which are ongoing. 

Nonviolent offenders who are no longer a threat — who’ve paid their debt to society and now want to be productive citizens — deserve a second chance. The Clean Slate Act would give hope to millions of Americans that a better life is finally within their reach and would mark the biggest win for criminal justice reform since Congress passed the bipartisan, landmark First Step Act in 2018. 

Paving the way for its passage marks a Criminal Justice Month well spent.

Andrew Langer is president of Institute for Liberty.



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