Assemblyman Louis Manzo (D-31st Dist) believes the best way to keep a person from going back to jail is to give him or her a job. That’s the theory behind new legislation sponsored by Manzo which would help those convicted in the past of some non-violent crimes clear up their records so they can gain employment.
Calling it “Second Chance Legislation,” Manzo said his bill has two primary goals to make expunging of old crimes part of the prisoner’s rehabilitation rather than requiring that person to get a lawyer, and to have the process begun through the parole or probation department.
Citing a classic Nathaniel Hawthorne tale about unfair social stigmas that prevent people from re-entering society, Manzo said less severe crimes had become a kind of “scarlet letter” for many former criminals, keeping them from gaining employment.
Unable to gain a job and a meaningful place in conventional society, former criminals may return to a life of crime.
“The best way to stop this from happening is to make sure he or she can get a job,” Manzo said. “Statistics show that most former criminals who get a job are unlikely to commit crimes.”
This is the first bill in the nation of its kind and is officially called the Expungement Reform Act or “New ERA” that would help those people convicted of many non-violent crimes clear up their record so that they would be able to apply for jobs they might otherwise be denied.
Under this act, a person who expunges his record would be allowed to state on a job application that he or she had not been convicted of a crime.
Manzo unveiled the bill at a press conference at Martin Luther King Drive offices of the Hudson County Urban League (Martin Luther King Drive) on Nov. 16, saying he knew the bill would be controversial, but also claiming that it is “the right thing to do.”
If made into law, the bill would shorten the period to expunge a conviction, which is currently 10 years, to five years or less, depending upon severity of crime.
Once an offender is deemed rehabilitated, the prosecutor’s office will be charged with the duty of seeing that the conviction is expunged, thereby relieving convicted parties of the complicated and expensive petitioning process to have convictions expunged.
After rehabilitation, a prospective employee may check the “no” box that relates to a potential employer inquiring about prior arrests or convictions on a job application.
An employer who deliberately refuses to give a job to a person, whose record has been expunged, based on solely on the previous conviction faces a disorderly persons offence.
Also, people who have been charged with crimes but not convicted can have that information removed from their records, Manzo said.
Manzo said he has routinely heard from ex-offenders about the difficulty in getting jobs when they must put the information on the employment application.
“This has stopped a lot of Hudson County residents from obtaining gainful employment,” Manzo said.
Excluded from the bill would be anyone convinced of murder, kidnapping, aggravated assault or sexually related crimes, Manzo said.
“The act specifies what crimes are eligible,” he said. “Once someone has had a crime expunged, he or she can answer the question on the application as if not convicted of a crime. This act also includes juvenile offenders who may have been convicted of using drugs when younger. As long as there was no violence or intent to distribute, they would likely be eligible.”
Manzo describes this bill as an anti crime bill that goes hand in hand with the package of bills he introduced earlier this year to combat gang violence.
“When I introduced those bills I promised to introduce a bill that deals with the social stigma,” Manzo said. “This is that bill.”
Manzo said this will be perhaps one of the most effective ways of fighting crime by giving people jobs.
He said funding would come from existing the criminal incarceration budget, and will eventually save money, he predicted.
At this moment, Manzo is the sole sponsor, but believes that once other legislators see the benefits of the bill, they will sign on.
“People who have done their time and paid for their crime, should not be persecuted,” he said.