Saturday, June 7, 2008

CORI reform unlikely

Local marchers rally in Boston

By John J. Monahan TELEGRAM & GAZETTE STAFF jmonahan@telegram.com

Source

BOSTON— While people charged with crimes are deemed innocent unless proven guilty in court, many never convicted are punished for years after an arrest, denied jobs and housing based on records of their arrests distributed by the state Criminal Offender Record Information system as public records.

It is one of many complaints about the criminal record system that brought several hundred people to the Statehouse yesterday calling for reform, including about 20 who joined a four-day march from Worcester to Boston.

Upon arrival, however, the group learned the proposed CORI reforms have run aground in the House Judiciary Committee, and the chances of the law covering criminal records being reformed before the Legislature ends formal sessions for the year in July now seem remote.

The legislation would eliminate reporting of arrests and court proceedings that did not result in a conviction or guilty finding, reduce the length of time convictions remain on public records and impose new standards for accuracy in response to widespread reports of inaccurate information appearing on criminal histories routinely distributed to employers, government agencies and others.

State Sen. Edward M. Augustus Jr., D-Worcester, recommended the demonstrators talk to lawmakers and urge them to act on the reforms over the next two months. He said when the government says it wants people to go to work and stay on the “straight and narrow” and then puts in place barriers to those goals, it is “sending a mixed message.”

“I had one person tell me they were in court and the judge from the bench said, ‘Oh I see your client beat the system once before,’ because they had an acquittal come up on their CORI,” Mr. Augustus said. “That means you are innocent. It shouldn’t inhibit you from getting a job or getting an apartment.”

Under the current system, Mr. Augustus said, criminal convictions and often arrests without convictions, “become a life sentence” as the system allows the records to follow them for many years when applying for jobs or renting a home.

The proposed legislation would reduce the public reporting of most felony convictions from 15 to 7 years after a probation or sentence period ends, and limit misdemeanor conviction reporting to 5 years. If adopted, the changes would not prevent police from accessing those records.

“The period of time we go back on misdemeanors and felonies is way too long. We need to shrink that window of time. And then we need to make sure that things like acquittals and arrests with no convictions are not on CORIs. We need to change the law,” Mr. Augustus said.

Earlier this week, Rep. Eugene O’Flaherty, D-Boston, chairman of the House Judiciary Committee, reported that the bill has run into a lot of “roadblocks” because of the many complicated issues involving reintegration of ex-convicts into communities and the interest of employers to job screen applicants. His comments gave little hope the bill could be acted on soon.

One Worcester resident at the demonstration, Marylyn Moore, said she and her two children, ages 8 and 12, are now homeless and living in one room in a shelter as she tries to overcome past substance abuse and ongoing health problems. She said she has been denied jobs and housing by the Worcester Housing Authority because of misdemeanors on her record involving shoplifting and other lesser offenses.

“I want to bring my kids up decently. My kids deserve to live in a good place,” she said, adding she is now almost 50 years old. When she has found work, she said, “I have to worry every day I go to work, if they are going to find my CORI.”

She said she is hoping reforms limit public access to her past record to three years, to give her a chance to improve her life.

Yakov Kronrad, 27, who ran unsuccessfully for the Worcester City Council in 2003, said serious drug convictions as well as some charges that did not hold up in court appear on his CORI record and have hurt his job prospects even though he completed college and earned a post-graduate degree. He said he lost jobs as a teacher and working on computer software when his CORI record surfaced in the past.

He said although his were “nonviolent drug offenses,” he will not be able under the current system to get his record sealed until 2019. Changes in the law would allow him to have the conviction record sealed in 2011, he said.

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