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Saturday, March 3, 2007

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OUR OPINION: CRIME RECORDS

Expunge records with great care

At times, the Minnesota Legislature moves at a snail-like pace. Other times we wish someone would slam on the brakes - at least long enough for lawmakers to actually read and think about what they're passing.

A case in point where a legislative slowdown is in order is the apparent rush to liberalize state laws to allow the expungement of criminal records. Once a criminal record is stricken from the record, it's gone forever. The bill before the Legislature would greatly broaden the discretion of judges to eliminate criminal records and expand automatic expungement procedures. In addition, businesses will be unable ask about a prospective employee's criminal history on a job application.

Several questions leap to mind regarding this bill.

¥ Will judges apply their discretion regarding record expungement consistently or will there be a wide variance depending on the whim of the judge?

¥ Will employers be absolved of any blame if they hire a person with a criminal past and that person harms other employees?

¥ Will school districts be able to prevent criminal sex offenders from securing employment in jobs where the employees work closely with children?

There are many reasons why criminal histories should be part of the public record. It's not just a punitive practice. There are legitimate needs for people in law enforcement, the academic world and other disciplines to measure criminal behavior in order to devise effective policies.

Maintaining the vast majority of criminal records gives us a benchmark. It's not a form of punishment for past offenders. The criminal record history of any individual is what it is. To expunge that data is a misguided effort to rewrite history.

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