Criminal Records No Longer Reportable, But Still Viewable

A few days ago I wrote that easier access to public records means more accountability for criminals. This is true, but there is something there that nags me that I can’t quite get away from.

There is no doubt in my mind that our society should have consequences for the bad decisions that people make. That’s how life works. However, I’m not convinced that the current system and the current set of standards for using criminal history information is the best. 7 years is typically the standard for reporting criminal history information by background screening companies. A few states even have laws that state that criminal history information past 7 years cannot be used to make employment decisions. Other states have laws that, in effect, say that non-convictions cannot even be reported by background screening companies, much less used by employers.

So let’s say that all that is fine and good. People who were never convicted shouldn’t be punished, and people whose crimes were committed over 7 years ago should be given another chance. I’m fine with that. What I question then is why these cases are still available to the public. If they are no longer relevant, why can anyone go to the local courthouse, or even go online, and pull up the record?

It’s great that there is some level of respect for privacy and even some willingness on the part of lawmakers to account for the possibility of a criminal changing at the professional level, but since we’re talking about public records we’re not just talking about professional access. I could go to the courthouse and find out that a neighbor was charged with driving under the influence four years ago, but that his case was then dismissed. If I were a reasonable person, knowing that wouldn’t change a thing between us. I might be a little cautious, but it wouldn’t change much. However, if I were not such a reasonable person, being very discriminatory and thinking very highly of myself, that knowledge might have a severe effect on the way I treat that neighbor. I might start treating that neighbor as less than human.

Employers have laws that govern their use of criminal information. Neighbors don’t. We’re giving criminal information about individuals to people who may not know how to deal with it properly. Granted, crimes are usually crimes against society. However, I still think we should be careful about how they’re used. We don’t need any more reasons to be distrustful of our fellow citizens.