Criminal Records Reforms: Questionable Outlook

Let’s suppose that you are an American and want to view a criminal record from a long time ago. Some states enacted Sunshine laws that allow anyone to see a criminal record typically located by the state agency that oversees incarceration, probation, or criminal convictions. Other states may not have an open source of documents and require a few simple steps for requests. But there are plenty of information hubs on the internet that track citizens down quicker than a boy puttin’ on pants at a girlfriends’ house when her dad pulls up in the driveway.

Sunshine law (noun): a law requiring certain proceedings of government agencies to be open or available to the public.

But with all the talk and noise about justice reform, and it is a very valid argument, there must be room to discuss the bigger picture. Our nation is made up of laws that we as citizens must abide by. In contrast, as a nation founded upon capitalism, it is businesses that have a differing set of policies and regulation. For example, many towns and municipalities have begun implementing the “ban the box” initiative for job applicants with a criminal conviction. Just because it passes doesn’t mean that companies will follow it. Before ban the box, some policies automatically waivered criminal convictions over ten years old. Yet, companies continued to skirt its implemented plan just because it could. Companies have the prerogative to act any way it chooses as long as it follows the law. But companies well aware of undetected methods embracing the at-will employment clause as its permanent and unchallenged safety net.

Ban the Box is the name of an international campaign by civil rights groups and advocates for ex-offenders, aimed at removing the check box that asks if applicants have a criminal record from hiring applications.

If justice reforms miraculously passed tomorrow by the legislature of the State of Anywhere, it could never be useful towards a real clean slate. The internet, search engines, databases, unofficial registries, mugshots, news articles, social networking, tax records, and transparent sunshine laws will forever keep a tarnish on most measures in real criminal records reforms.

If the registry somehow became a police only tool, it would manifest similar to how Colorado provides a printout to anyone that asks. Additionally, the U.S. SMART office maintains a federalized database linked to state, federal, and international sharing platforms. As long as these tools remain in effect allowing third parties to capture, query, or possibly exploit information, then justice reforms will somewhat be stuck in the mud for decades to come.

The Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) provides jurisdictions with guidance regarding the implementation of the Adam Walsh Act, and providing technical assistance to states, territories, Indian tribes, local governments, and to public and private organizations. Individuals found responsible and sanctioned for university or college campus sexual misconduct policy violations will begin importing information even if no criminal charges are assessed.

If you are against the sex registry or public criminal records exposing felony convictions from decades ago, I support your efforts and stand by you. But ridding of the public registry and/or criminal databases has a major stuck point. Our nation has allowed tax records, social security information, job applications with sensitive family information, genealogy networks, credit reporting, banking records, and police records to be stored on cloud networks and collocation servers with data continually exposed and maintained without applicable laws to protect it’s present or future. If a telemarketer from a foreign country can call home with all your relevant information today leaving you with few options to stop spam calls, imagine a world where those same calls become services providing avenues of information no longer available if a registry or criminal database is closed to the public. Inevitably society and companies will find a workaround.

The days of “do the crime, pay with time” are long gone. They have been replaced with “we keep a list, so you won’t be missed.” I have repeatedly suggested that crime does pay in America. Criminal justice and the legal system will always be an enterprise state monopoly creating layer upon layer of bureaucracy. Yes, there are bad people out there that do bad things — but eliminating a specific stigma to discover data resides elsewhere will remain a constant issue as long as information connectivity of warehoused data remains infinitely searchable.

While transparency will undoubtedly be contentious in justice reform legislation so will discussions on how to address criminal records reforms. The lobbying of many well-funded businesses, victim advocacy organizations, and corporations that partner providing sale and services certainly will be armed and ready to viciously defend justice reforms is an attack on companies. Currently, the analytics of law and social policy do not align nor will in the short term. To rid of a mammoth service with ample support backing the current conditions combined with the complexity of laws, safety provisions, and states rights has disaster written all over it. It is not to suggest throwing in the towel. Instead, it should be interpreted with the discovery of a practical method of middle ground of compromise allowing a format for diplomatic discussions to continue.

Perhaps a cautionary warning is what I am suggesting. There is a common adage of “be careful what you wish for” to be applied here. Bellowing out the injustices of registries or criminal records without an alternative may allow the rearing its ugly head of something much more catastrophic. As smart device applications, facial recognition software, vehicle telematics, augmented reality, RFID, NFC, and other technologies surpass traditional web-based platforms, the registry and similar criminal records databases may be headed towards a new frontier that could arguably evince registry styled platforms as practical for the time being.

Dwayne Daughtry is a Ph.D. student of Public Policy and Research Fellow at Liberty University in Lynchburg, Virginia. Dwayne graduated with a master’s degree of public policy from The University of South Dakota where he was a research analyst assigned to the federal government for compliance and ethical review. He is a graduate of Arizona State University and has certifications in database, archival, non-profit, and “white hat” vulnerability systems administrations.

Thank you, Mr. Obama

As this week ends, we will say goodbye to President Obama. In all honesty, I thought he was a good president. To me, he was diplomatic, good with his words, an excellent speaker and tried to do more for people rather than doing for business. Perhaps this is where American business didn’t care for him? In all honesty, my assessment of individuals that didn’t like the president sounded a bit more racially motivated than actually trying to understand his policies. In most cases, those that opposed the president just wanted to argue with him for the sake of having an argument. It’s no wonder why nothing really got done?

 

I am unsure what will happen to the Affordable Care Act? Sure, Congress will do everything to repeal it. I’ve overheard a replacement plan. But if the opposition hasn’t introduced an alternative plan in the past six years then I feel there is not a substitution in the works. Our jobs creation seems to be doing quite well. After all the president did have to work after a complete collapse of the financial markets. His administration did find Bin Laden. The list can go on. But what I liked was his diplomacy and respect for others. That is purely presidential, and I don’t think we will experience that in the future administration. I can only hope that the pundits are wrong and the new administration will find diplomacy and honorable words.

 

I must remember that the President is our national cheerleader for the American people. It is not a position about industry, rather “people first.” In fact, the leaders of business should be CEO’s and corporate directors; not politicians. The office of the presidency should not be overly engaged with corporate affairs. Instead, he or she should request the world to do business with the United States and let those leaders run a business as they see fit. As for foreign affairs, this is where our United Nations should be doing more to its ability to negotiate. There is no quick fix to war. Only negotiations and talking will keep from the fighting are how I assess that style of diplomacy.

 

I hope I am wrong, but we may find ourselves wishing Obama would still be our president when the new administration is installed. Again, I hope I am wrong. It took the Obama a while to stop him from using his Blackberry. I certainly hope that the new president will stop using his Twitter. Maybe things will get better. Who knows? But I do want to say to President Obama – Thank you for your service to our nation.

%d bloggers like this: