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.

Shame Doesn’t Define Us

Experiencing shame is an emotional trek. There are instances where shame becomes personal or observant. Either way, we tend to judge shame on various emotional levels. The question is, “why?” What triggers shame into something so emotionally driven that is sometimes consumed how we perceive self versus others view us? The fact remains that shame begins with emotion but manifests into something more significant because assumptions are somehow believable facts when actually they still stay as emotion.

I chose to share a mug shot of myself taken years ago. It is not one of my proudest moments nor represents how I look. But it does share a brief moment of how I felt. The expression is angered, disappointment, emotion, and of course, shame. But the sentiment extends to areas I cannot control. Those areas are how others interpret the mugshot. The question I must keep asking myself is, “does that mugshot define me?” and “does it matter anymore?” The quick answer is, “no.” My mugshot is something that stirs shame and embarrassment at first. However, I began to look at it and wonder why it triggered shame. That is the moment I decided to take that mugshot and make it no longer shameful.

The first step in dealing with shame is to confront it face to face. That implies that I must take steps to de-escalate the emotion replacing it with a bit of laughter, mild anecdote, and restraint. Our lives are made up of decades of decisive moments yet sometimes a shameful moment of a few hours erases all the celebrated importances that do define us. My first step was to buy a really nice frame and print out my mugshot to hang somewhere prominent in my home. While this sounds ridiculous to some, it was a change to desensitize an emotional moment and perhaps introduce a talking point should someone ask, “is that a mugshot of you?” It is at that moment I am able to practice how to overcome fear, shame, and embarrassment by providing a short story of a chapter in my life that demonstrates perseverance over a brief moment to keep moving forward. It is someone similar to how the author Stephen Covey mentions the “inside-out” approach in his book The 7 Habits of Highly Effective People. The suggestion is to develop a reasonable, workable, and controlled mitigation plan so that you are in control of information that may be continually available to the public. Without these tools, at our side, there will always be shame thus placing an emotional gravemarker in the way we live and move forward.

Yes, there will always be discourse, criticism, vulnerability, and of course argument about public records, mugshots, and sensitive information in our daily lives. The sex offender registry presents a valid argument in how public shaming has become a targeting mechanism for the welfare of safety and perception by others. But it is that emotional and mental grave-marking that allows many to further disconnect from society because of shame and minimized voices with nearly one million registrants silently and quietly attempting to move forward leaving the first voice to allies. I would suggest to anyone on the sex registry to discover how to find your story, strength, and willpower not to hide with shame, but to confront it along with materials accompanying it.

Shame and public shaming is an emotion. Mugshots are a fact of public record that cannot be controlled but may be mitigated. A definite part of mugshots is that it provides an expression the emphasizes pain, hurt, and emotion. When others attempt to amplify that the accused wasn’t remorseful, expressed guilt or shame. I would argue to look at any registrant mugshot; you won’t find anyone smiling.

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