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"If they don't give you a seat at the table, bring a folding chair."
Shirley Chisholm
The Problem
The Problem
"Just one bite at the apple"
Background: In 2018 the Massachusetts Legislature passed criminal justice reform legislation that included a new youth expungement statute (up to age 21) to allow for the complete erasing of a criminal record. The statute is a good first step, but is severely limited and has not had the intended impact to provide young people with a second chance as it is extremely exclusive. As the legislature now looks to address racial justice and racial inequities, a large coalition - led by young people - asks that you make amending the expungement statute a priority.
The problem: None of the young people who advocated for an expungement law yet benefit since the law is so exclusive.
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The law only allows for expungement if you only have one charge on your record. In other words, you get just "one bite at the apple."
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The law automatically disqualifies over 150 charges.
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The law makes no distinction between a charge for a dismissed case and a conviction.
All three have disproportionate impact on black and brown youth.
CLICK HERE to advocate for an amendment to the Massachusetts expungement law
The Solution
The solution: Let's amend the expungement law applying our understanding of young adult recidivism rates (young adults have a 76% recidivism rate over three years), cognitive brain development (people are more risk averse before their mid-twenties), and the seven year expiration of a criminal record's effectiveness as a tool for public safety.
We respectfully ask for an amendment that will:
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Allow for multiple offenses to be expunged (prior to age 21).
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Remove the list of 150+ charges that automatically disqualify and let the judge decide. Charges don't reflect the reality of an individual's character, guilt, likelihood of future risk, or ability to contribute to society in a positive way. Instead we should allow for judicial discretion. Since the 7 year felony and 3 year misdemeanor wait periods only begin at the end of one's sentence, the most severe charges like murder and aggravated rape which come with life sentences will never be eligible.
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Differentiate between convictions and dismissed cases. Not all charges are equal.
The Solution
CLICK HERE
to advocate for an amendment to the Massachusetts expungement law
Let's Talk
"If they don't give you a seat at the table, bring a folding chair."
Shirley Chisholm
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