Oct 17, 2013 2 min read

HARRISBURG — A bill that will help former nonviolent offenders find employment by clearing their records after seven years was unanimously approved in the Senate recently.

“This is good news for thousands of people who are trying to overcome past mistakes and get their lives back on track,” said the bill’s sponsor, state Sen. Tim Solobay, D-Canonsburg, in a press release Wednesday. “It’s also a win for Pennsylvania taxpayers who will see reduced recidivism rates and lower prison costs.”

Senate Bill 391 would allow people who were convicted of certain misdemeanors to apply to have the record expunged if they keep a clean record for at least seven years.

“This bill was crafted by a diverse group of people involved in the criminal justice system, and it has the support of both prosecutors and prison reform advocates,” Solobay said. “It’s one step in a landmark effort in Pennsylvania to overhaul our prison system to reduce crime and costs.”

The bill is supported by the Pennsylvania District Attorneys Association and Community Legal Services, an organization that provides employment law help to low-income Philadelphians.

“Nonviolent ex-offenders face an uphill battle finding meaningful work and housing because their criminal records never go away. Productive citizens are good, law-abiding citizens, and second-chance measures help them get back on their feet, and help us reduce crime and recidivism,” said Sen. Shirley Kitchen, D-Philadelphia, who has worked on the issue for the past 13 years.

Senate Bill 391 is similar to Senate Bill 1220 of the 2011-2012 session, which also cleared the Senate Judiciary Committee unanimously, but never received a floor vote.

The bill allows courts to grant expungement of a criminal record if the crime is a misdemeanor of the third or second degree and the person has not been arrested or prosecuted for seven to ten years following the completion of the sentence or judicial supervision.

It would not apply to offenses punishable by more than one year in prison or pertaining to certain forms of assault, sex offense, cruelty to animals, firearms offenses and certain other crimes.

Under current law, the crimes could not be expunged until after the offender reaches the age of 70, or had been deceased for more than three years.

Solobay said 30 states have expungement statutes that are more expansive than Pennsylvania’s current law in some respect.

Fayette County District Attorney Jack R. Heneks Jr. could not be reached for comment.