Fix this law. Thousands in NC with criminal records are waiting | Opinion

One in four North Carolinians have an arrest or criminal convictions on their record. For the vast majority, their contact with the criminal legal system divides their life into two parts: before and after.

The world for anyone who has been arrested, prosecuted or incarcerated never looks the same as “before.” The world “after” is one filled with closed doors and barriers, hidden debts and quiet humiliations.

We should know – each of us is formerly incarcerated, and each of us lead organizations that help people navigate the re-entry process.

We are writing now to tell you about a hitch in a new N.C. law that has left thousands of formerly incarcerated people in limbo waiting for their charges to be expunged, waiting to get on with their lives.

Few things are straightforward or simple with re-entry. But in recent years, there has been an increase in support for passing sensible laws that make a real difference.

In June 2020, Gov. Roy Cooper signed into the law the Second Chance Acti, a bipartisan “clean slate” bill that expanded eligibility for people across the state to expunge old criminal charges and certain convictions. It also made North Carolina the fourteenth state to automatically expunge criminal changes that resulted in acquittals or dismissals — a change that promised to speed up an otherwise lengthy and expensive process.

At the time, Cooper called it “a path to good jobs and a brighter future,” and he’s right. Studies have shown that wages go up by 25% after someone is able to obtain an expungement.

While the world waiting to meet formerly incarcerated people is one filled with barriers to redemption, laws like the Second Chance Act make a real, positive difference. Any prior contact with the system — even where charges or an arrest has been dismissed — can derail a background check. The Second Chance Act was an effort to reduce that likelihood by making the expunction process easier

In the first nine months after that part of the law took effect, nearly 400,000 eligible charges were expunged. But just like the reentry experience itself, the new law experienced an unplanned hiccup.

Unresolved questions about the process — like whether prosecutors could access automated expungements, and which agencies should be provided with notice — needed to be answered. In July 2022, less than a year after it took effect, key parts of the law were temporarily suspended for a year.

The legislature created a group of stakeholders to propose recommended solutions. That group — prosecutors, court officials, and advocates for the law — met multiple times and submitted a report with proposed fixes. Despite having solutions in hand, however, the temporary suspension was extended from August 2023 until August 2024.

While we wait for the problem to be fixed, thousands of people are being denied automatic relief every month.

We know those closest to the problems are often closest to the solutions, which is why we have dedicated ourselves to helping others in their reentry efforts. Unfortunately, we are the furthest from the power to implement solutions.

Our allies working with court officials and legislators tell us that there are practical ways to fix the law. We fear, however, that the bipartisan support for this sensible law has somehow lost steam.

Whether you’re aware of it or not, these issues impact people who are close to you — your friends, family, neighbors. One in four North Carolinians have criminal records. Gov. Cooper proclaimed April 2023 to be “Second Chance Month” in North Carolina, saying that “not securing a stable home life, employment, transportation, and health care upon community reentry can lead to recidivism; health and safety concerns; and additional negative outcomes.”

We couldn’t agree more. And the more we can invest in smart, evidence-based policies to help the reentry process, the better off we all will be.

Traletta Banks is the Executive Director of Erika’s Closet . Kenneth Robinson is the Executive Director of Freedom Fighting Missionaries . Brian Scott is the Executive Director of OurJourney . All were formerly incarcerated.