First, a Second Chance!

How Automatic Record Sealing can Solidify Second Chances Right From the Start!

By FRRC Staff Member, Chasman Barnes

Image of confidential records. Photo: courtesy of Envato Elements

It’s been said that great minds think alike. I’ll go for that, seeing that many great minds have spoken about and support second chances.

Maya Angelou, the late author, poet, and modern-day griot — the village storyteller beloved by the Black community — said,

“I did then what I knew how to do. Now that I know better, I do better.”

Joel Osteen, one of America’s most popular and widely known pastors, said,

“I mean, we all need a second chance sometimes.”

And author Nicholas Sparks has said,

“Don’t think there are no second chances. Life always offers you a second chance… It’s called tomorrow.”

Returning citizens know the hope that a new day and a new opportunity to reform their lives can bring.

Though April has ended, the Florida Rights Restoration Coalition (FRRC) is still celebrating Second Chance Month. We are committed to advocating for policy change to remove undue barriers in the lives of returning citizens and further their efforts to receive second chances.

Sheena Meade, center, gets the word out about Florida’s Amendment 4 in October 2018. The amendment, which restored voting rights to people with felony convictions, passed with nearly two-thirds of the vote the following month. Meade, who at the time was director of strategic partnerships and organizing director at the Florida Rights Restoration Coalition and senior adviser to the Second Chances Florida Campaign, now leads the Clean Slate Initiative. Original photo caption: courtesy of Arnold Ventures; Photo: courtesy of Sheena Meade

As the Florida legislative session comes to a close, FRRC is uplifting Senate Bill 376, legislation that helps remove barriers to second chances by streamlining the process for automatic record sealing. Sealing a record means that the record becomes confidential, exempt from public records requests, and available only to certain people. Currently, the Florida Department of Law Enforcement must seal a criminal history record that is eligible for automatic record sealing, but there has been no law in place to make the court records associated with the criminal case private too. As a result, even if someone’s criminal history record has been sealed, the court records from their case are still accessible. Senate Bill 376 closes this loophole by requiring the clerk of court to automatically keep the court record confidential and exempt from public records requests once the associated criminal history record has been sealed.

Having a clean slate gives returning citizens more opportunities to access jobs, housing, and education. Nearly 9 in 10 employers, 4 in 5 landlords, and 3 in 5 colleges check people’s records when considering applicants.

Rachel, an FRRC member in Miami-Dade, poses for a photo after attending an expungement clinic and a job fair. After having her record cleared, Rachel was able to attain meaningful employment. Photo: courtesy of the Florida Rights Restoration Coalition

Improving access to these opportunities for justice-impacted people benefits all of us. Our national economy loses up to $87 billion in GDP yearly because people with records are locked out of the job market. Meanwhile, just one year after having their records cleared, these individuals are 11% more likely to be employed and earn 22% higher wages.

Our state lawmakers recognize these benefits in removing barriers to a clean slate. No matter who you are, the opportunity to better your life and grow as a person is often connected to a second chance you were given. Second chances allow people to change the trajectory of their lives.

The people of Florida stand to see these positive impacts as Senate Bill 376 has passed in both the House and the Senate. It is now headed to the governor’s desk for signature. If the governor signs the bill, it will become law and go into effect as of July 1, 2023.

About the author:

Chasman is a Policy Professional, Advocate for Returning Citizens in Criminal and Social Justice Reform, TEDx Speaker, and sought-after Communicator.