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HomeNewsLocal newsSenate Panel Tables ‘Liberally Crafted’ Expungement Bill

Senate Panel Tables ‘Liberally Crafted’ Expungement Bill

Sen. Alicia Hansen encourages testifier Kristen Greenaway as, from left, Deputy Chief Public Defender Hannibal O'Bryan and Attorney General Claude Walker wait their turn to testify. (Photo by Barry Leerdam, V.I. Legislature)
Sen. Alicia Hansen encourages testifier Kristen Greenaway as, from left, Deputy Chief Public Defender Hannibal O’Bryan and Attorney General Claude Walker wait their turn to testify. (Photo by Barry Leerdam, V.I. Legislature)

Lawmakers on Thursday held in committee a bill that would expand the scope of convictions eligible for expungement – from misdemeanors to felonies – after Attorney General Claude Walker testified that the bill’s language was too “liberally crafted.”

Bill No. 32-0218, described by sponsor Sen. Janelle Sarauw (I-STT) as a “second chance” legislation, would allow a person convicted with a felony to file a petition for expungement five years after the completion of a sentence. The bill specifies that after a successful petition with the courts, the expunged records would include “fingerprints, photographs, DNA samples, and records of other police or judicial proceedings” of the convicted individual.

Kirsten Greenaway, who has a felony conviction in her record, testified for the bill before the Senate Committee on Homeland Security, Justice and Public Safety, chaired by Senator-At-Large Brian Smith. Greenaway said she turned her life around and eventually purchased the Massac Nursing Home on St. Croix, but cannot accept members of the community under Medicare or Medicaid assistance because of her felony conviction.

“I changed my life, given back, supported my community positively, and even took patients into the facility after the two devastating category five hurricanes Irma and Maria, free of charge and for the love I have for them,” said Greenaway. “I do feel that at most times, individuals need second chances in life, especially if they are doing positive things for the community.”

H. Hannibal O’Bryan, deputy chief at the Territorial Public Defender’s Office, said he supports the bill, sharing the story of a young man who could no longer join military service because of a felony conviction born out of a miscalculated plea.

“The above described situation fosters hopelessness and despair, making it a no-brainer to turn to a life of crime as their prospects of becoming productive members of society dims,” said O’Bryan.

Walker, however, opposed the bill that he said would allow all felonies to be expunged, even violent ones.

“The Department [of Justice] cannot stress enough the gravity of what felony crime may encompass: murder, rape, kidnapping and domestic violence,” said Walker, adding there must be a deterrent for violent crimes.

Walker stressed that expungement is the destruction of the record itself, as opposed to sealing the record, which could be unsealed, or pardoning the crime, which is still open to discovery. Walker said the bill, as written, would have the most liberally crafted language when compared to expungement legislation in other states, allowing “murderers, rapists, child molesters” to apply for expungement five years after the end of their sentence.

Walker said he understands criminal convictions can serve as “civil collateral consequences” that transcend prison bars and follow individuals for the rest of their lives. He stressed, however, that any legislative remedy must be balanced against the safety of society and the government’s role in protecting its citizens.

According to Walker, the bill lacks elements commonly featured in expungements statutes in other states. It does not explicitly state the types of crimes – in this case, which types of felonies – covered in the legislation, nor the amount of evidence the convicted person must produce in applying for expungement, including number of years served nor evidence of rehabilitation.

Sarauw’s bill also does not specify the situations in which the offender is authorized to deny the expunged records nor the number of people and organizations that will continue to have access to them. The legislation also does not limit how many times a person can apply for expungement, which can lead to “abuse and manipulation of the process,” according to Walker.

Instead of expanding the scope of expungeable convictions, Walker recommended that legislators instead craft a bill that would protect record-holders from discrimination in specific situations, such as seeking employment or qualifying for certain privileges.

“That’s preferable than burning a record,” Walker said.

Lawmakers, including Sarauw, acknowledged that Walker’s concerns were valid, encouraging proposals for amendments. Voting to hold the bill in committee were Sarauw, Smith, Sen. Dwayne DeGraff (D-STT) and Sen. Jean Forde (D-STT). Sens. Alicia Hansen (I-STX), Novelle Francis (D-STX) and Positive T.A. Nelson (ICM-STX) were also absent at the time of the vote, which was pushed back due to a reordered agenda.

Lawmakers also approved a bill that would require the Virgin islands Territorial Emergency Management Plan to include a protocol for medical patients and other residents who need to be evacuated off-island in the the event of an emergency. It would also require the governor and the commissioners of the Department of Health and Human Services to be part of the V.I. Territorial Management and Homeland Security Council.

Voting to advance the bill were DeGraff, Francis, Hansen, Nelson, Sarauw and Smith. Forde voted against.

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