Should a Criminal Record eventually "go away"?

[DawnCt1]

I was out with DS#1 today and he ran into a guy that he worked with a couple of years ago. I asked him why he worked at X and not at Y. He said because of his criminal record. Now this young man, about 30 now, appeared to be a hard working, nice person and by all accounts, that does seem to be the case. At the age of 15 however, he went to a party. He got into a fight with a party guest and happened to have a knife and stabbed the victim to death. He served 12 years. Now from the victim's parents point of view, their son will never have an opportunity to grow up, live his life, have a job, a family, etc. It is awful. On the other hand, this young man served 12 years, served his probation but his record follows him as a convicted felon , even though he has been "clean" for X number of years. I can see how it might be hard for a convicted felon to move past their "past" and become a more productive member of society if that felony conviction goes on forever. Should there be a point in time when one can answer "no felony convictions" on a job application and know that it is behind them or is the "forever" punishment that is just? Does the age of the crime matter? 15 is still a child. What do you think. I can see both sides.

 

[MosMom]

I think if you've paid your debt, you've paid your debt. He should be able to get a decent job and not have that hold him back.

On the other hand, if he is going to go postal again...I'd rather it not be where me or my family works. Even though he was 15, it sounds like a pretty violent crime. He just happened to have a knife?

So, I can see both sides as well.

 

[Patch'sD]

Maybe Certain Theft of under some amount or some assualts. But in the Case of a Murder, Rape, Child Molestation, Enron Type White Collar Crimes. I would say that these types of felonies should stay with a person for the rest of their days.

 

[Nennie]

Certain criminal convictions can be expunged (i.e. erased) from one's record. Murder and manslaughter are a different story though (as they should be).

 

[mickeyfan2]

If I calculate this correctly he has only been "good" for 3 years. That seems way to soon to erase murder.

 

[lillygator]

ummmm - he stabbed someone to death -- his record should follow him to his death and if I was the victim's parent you better believe I would make that happen.

 

[DawnCt1]

Certain criminal convictions can be expunged (i.e. erased) from one's record. Murder and manslaughter are a different story though (as they should be).

I certainly feel that way "theoretically" but it is odd to meet a murderer who seems to be working hard, has paid the debt that society required (which may be different from what we individually would expect) and know that this crime happened at the age of 15. We do know that boys' brains, especially at the age of 15 haven't finished growing. One would expect that the 15 year old is not the 30 year old. On the other hand, we do know that sociopaths are always sociopaths and don't necessarily change. I have a lot of ambivilance about this. Of course if it were my child who was the victim, I would have no ambivalance at all and I recognize that.

 

[freckles and boo]

I think for any violent felony there should be an enduring record. Employers have a right to know if they are hiring with someone who has a history of violence, even if it was committed long ago as a teenager. Of course, some jobs are not available to convicted felons and there are reasons for that. But there are many, many opportunities out there for someone who truly does want to move on. Employers have discretion in hiring and often see what you saw - that this man appears to have turned his life around. The fact is that he did kill someone. That doesn't "go away".

 

[cardaway]

A felony conviction should follow you for life. It's what background checks are all about.

For lesser crimes I think it should depend on the crime.

I also think this is why false accusers should be treated more harshly. Even false accusations can follow a person these days.

 

[lillygator]

I certainly feel that way "theoretically" but it is odd to meet a murderer who seems to be working hard, has paid the debt that society required (which may be different from what we individually would expect) and know that this crime happened at the age of 15. We do know that boys' brains, especially at the age of 15 haven't finished growing. One would expect that the 15 year old is not the 30 year old. On the other hand, we do know that sociopaths are always sociopaths and don't necessarily change. I have a lot of ambivilance about this. Of course if it were my child who was the victim, I would have no ambivalance at all and I recognize that.

please, so you are saying that a 15 year old who murders someone should be able to go on and have a life just because they are now appearing to be working hard and "have paid their debt".......serving time in jail/prison is not paying their debt.


Bring this theory forward to child molestors, etc.....

 

[rigs32]

#1 - if the situation showed his age was a mitigating factor, he would have been charged as a juvenile or his attorney would have insisted on it. so, either he or a jury decided he had the requisite mental state to intend to do what he did (the stabbing part if not the killing part)
#1a - if charged as a juvenile, there might have been a chance to have the record expunged
#2 - one of the debts felons pay - all felons pay - is the loss of various rights like not being able to vote and forever having to report being a felon

 

[ticktock]

DawnCt1 I usually find myself agreeing with you or at least understanding where you're coming from, but in this case . He MURDERED someone. That he could do something so horrible at such a tender age just makes it WORSE in my opinion. It sure as HE!! doesn't make an excuse for it. And spending 12 years in prison for ending a life? That is a complete joke! He hasn't payed his debt. There is no way he ever can. I don't think he should be out of prison, let alone be given a whole new bright shiny life with no record.

Sorry, but I think when you've done something so heinous your life should be forfeit. Since he was so young the death penalty isn't appropriate (I guess) but he shouldn't EVER be allowed to just get on with his life like what he did can just be forgotten. It doesn't matter how nice, polite, and hardworking he is.

It is attitudes like this that create vigilantes and all the chaos that ensues. I know if it was MY son that was taken away forever and his killer then set free to "live as normal a life as possible,the poor boy" I would be waiting with a gun.

No, two wrongs don't make a right but there is no way knife boy would be walking around under the warm sun while my child was cold in the ground. That is not justice. Sorry.

 

[ZachnElli]

When I was a freshman in high school a junior guy stabbed to death a sophmore girl, all going to my high school. I hope he never gets out, let alone get it wiped from his record! He was what 16 or 17? She was 16 and refused to have sex with him and he stabbed her 30 something times then dumped her in the river. Nope, don't care if it stays on his record forever!

 

[CT- Mouse]

A felony conviction should follow you for life. It's what background checks are all about.

For lesser crimes I think it should depend on the crime.

I also think this is why false accusers should be treated more harshly. Even false accusations can follow a person these days.

Absolutely ! ... People are routinely given second chances when their crimes are much less serious than this person's. For instance, in CT offenders age 16/ 17 can have certain crimes "wiped" from their record as a youthful offender. Adults can get the same through accelerated rehabilitation. Again, these are for the less serious crimes including most misdemeanors. I believe most people should get a second chance for these lesser crimes.

However, for felonies ... the harm felt by the victim, business or society is such that there should be more serious consequences.

If an employer wants to give a person a break, that's their decision. But that decision should be an informed decision and they need to know about a prospective employee's felony conviction.

 

[eclectics]

A felony conviction should follow you for life. It's what background checks are all about.

I totally agree. The age of the convicted should not matter either. If you commit a felony it should be on your permanent record. It goes with the territory, imho. I feel it's actually a part of your sentence, just like the time you have to serve and your parole period later.

 

[SwedishMeatball]

ummmm - he stabbed someone to death -- his record should follow him to his death and if I was the victim's parent you better believe I would make that happen.

I agree.

 

[phillybeth]

Certain criminal convictions can be expunged (i.e. erased) from one's record. Murder and manslaughter are a different story though (as they should be).

Yup. Basically first-time NON VIOLENT offenders can get their records expunged after a certain peroid of time, if they stay out of trouble and meet the terms of their sentence.

Sounds like this guy was charged as an adult, since a juvenile record (even for homocide or manslaughter) is sealed and/or expunged.

 

[Laugh O. Grams]

I, for one, am tired of Dawn and her liberal cronies polluting the DISboards with their elitist opinions of what's wrong with America! Go hug a tree, hippy!

 

[SwedishMeatball]

I, for one, am tired of Dawn and her liberal cronies polluting the DISboards with their elitist opinions of what's wrong with America! Go hug a tree, hippy!

I knew this post was too short to be Nelson.

 

[lillygator]

I, for one, am tired of Dawn and her liberal cronies polluting the DISboards with their elitist opinions of what's wrong with America! Go hug a tree, hippy!

I agree!