Setting sail for justice: Clean Slate policy straight ahead

Gov. Wes Moore signs an executive order June 17 to pardon 175,000 misdemeanor cannabis convictions. Photo by William J. Ford.

With a stroke of his pen, Gov. Wes Moore last month pardoned 175,000 individuals for prior cannabis offenses from his office in Annapolis, the Sailing Capital of the United States. His executive action will help many Marylanders with prior convictions navigate the criminal justice system’s uncharted waters.

In 2022 , Maryland embarked on this journey by creating an expungement process — sealing criminal records permanently — for individuals with cannabis-related offenses. During the 2023 session, lawmakers on both sides of the aisle went a step further by reducing the waiting period for filing an expungement petition for many other nonviolent misdemeanors after individuals have completed their sentences and any mandatory supervision.

These measures were critical advances toward a comprehensive course correction for improving the state’s criminal justice system. Unfortunately, the narrow scope of these laws means that many other former justice-involved residents are struggling to chart a new course in life.

Now lawmakers need to take the helm and steer the state toward even greater opportunity.

Currently, Maryland allows for petition-based sealing of certain criminal records after a defined period of time has elapsed. This means an individual must hire legal representation, attend relevant judicial proceedings, and pay relevant costs to have their records expunged. Adopting a Clean Slate policy would address many of these challenges.

Clean Slate laws simply automate the process so an individual no longer needs to hire a lawyer, attend judicial hearings, and there is no cost to the individual whose record is expunged.

It’s currently estimated that 1 million adults in Maryland have a criminal record, and 410,000 of those adults could benefit from a Clean Slate law. While the majority of states, including Maryland, offers petition-based record sealing, reports have found that fewer than 2% of eligible individuals take advantage of this opportunity because of the rigors of navigating the convoluted and costly process.

In many cases, these records do not stem from violent or serious offenses, but from the growing impact of overly punitive laws that criminalize mental illness, poverty and substance use. Regrettably, these nonviolent criminal charges and convictions anchor these individuals to a past with little means to obtain a productive and positive future.

Moreover, individuals who were never convicted but only charged or arrested can be adversely impacted. These marks remain on an individual’s permanent record and hinder their ability to earn a living and provide for themselves and their families. Without the opportunity to obtain employment and earn sufficient wages, individuals are increasingly likely to reoffend.

A Clean Slate policy would set Maryland on a voyage to automatically clear certain criminal records after a rehabilitation period. This effort would help individuals secure stable employment, housing and educational opportunities. In fact, research has found individuals whose records are sealed can more easily secure employment and are more likely to remain above board .

It’s no wonder nearby states, like Virginia , Dela ware and Pennsylvania have successfully undertaken this journey by adopting laws that automate record sealing at no cost to the individual.

Removing these barriers extends benefits not only to those who have records sealed, but it will also prevent the state’s economy from running aground. Reports have found the national economy is deprived of approximately $87 billion annually by excluding individuals with arrest and criminal records from employment. Regrettably, its taxpayers who are left moored to the fiscal and social costs.

But, let’s not overlook the public safety costs of relying solely on a petition-based system. According to existing research, when those with previous arrests and convictions secure gainful employment it corresponds to an ebbing of criminal activity —making communities safer.

Opponents may argue that it’s too complicated to automate the record sealing process, but if that were true, then more than one-fifth of states would not have embarked on this voyage. Additionally, there have been concerns expressed that expunging records will undermine safety, but the evidence proves otherwise as they can still be accessed for public safety purposes, such as when an individual seeks to purchase a firearm or work in law enforcement.

Moore’s pardon has unfurled the sails for many Maryland residents anchored by past cannabis offenses. However, the journey toward true progress within the criminal justice system requires more than a pardon—it demands a compass to navigate the choppy waters of the justice system. A compass that points towards a comprehensive Clean Slate policy. Maryland lawmakers must climb aboard, take the helm, and head towards calmer seas where their constituents are not left adrift by their past mistakes.

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