To remove collateral consequences and protect the presumption of innocence
If enacted, H1693 would specifically modify laws pertaining to the sealing of criminal records. It would allow for immediate sealing of records related to non-convictions, establishing a framework where individuals would not have to wait or file petitions for sealing unless there is an objection from the defendant. Additionally, the bill would redefine the term 'conviction' to clarify that it only includes a finding of guilt, explicitly excluding continuances without a finding. This change is anticipated to lighten the burdens faced by those who were never convicted, aligning the law more closely with the notion of the presumption of innocence.
House Bill 1693, introduced by Representative Brandy Fluker-Reid, aims to remove collateral consequences for individuals involved in the criminal justice system and to emphasize the presumption of innocence. The bill proposes amendments to several sections of Massachusetts General Laws, specifically focusing on the procedures associated with sealing criminal records for offenses that do not result in a conviction. This legislative effort seeks to facilitate reintegration into society for those who have faced charges but have not been convicted, thereby reducing the lifetime impact of such charges on individuals' lives.
The introduction of H1693 has raised discussions around its implications for public safety and the integrity of the criminal justice system. Supporters argue that it is a progressive step towards criminal justice reform, promoting rehabilitation and reducing recidivism by allowing individuals to move on without the stigma of non-conviction records. However, opponents might express concerns about the potential for increased ambiguity regarding an individual’s criminal history, with fears that such policies could make it more difficult for employers, landlords, and the public to gauge an individual’s background, possibly leading to a reluctance in hiring or rental decisions in sectors sensitive to safety and reliability.