Expungement bill seeks to give more people second chances

 

MADISON, Wis. (CBS 58) -- A group of lawmakers are making a last-ditch effort to pass a bipartisan bill that would give more people a shot at clearing their criminal record.

Rep. Evan Goyke (D-Milwaukee) and Sen. Rachael Cabral-Guevara (R-Appleton) are working to convince the Senate to take up their bill that would reform the state's expungement laws.

Right now, expungement is extremely rare and difficult. Many people are unaware that they must ask a judge for their record to be expunged during the time of sentencing.

That's because Wisconsin is the only state where past and closed cases are not eligible for expungement, according to the Wisconsin Policy Forum.

"The courtroom doors are closed for the rest of their lives," Goyke said. "They can never come back and say, I deserve a second chance."

For Grace Bondonese, it took her nearly 20 years to get a second chance. When she was 18 years old, Bondonese bought a cellphone in her brother's name after a family dispute. She was charged with a felony for the unauthorized use of someone's identity.

"I took a plea deal without knowing the consequences of taking that and not knowing I couldn't get an expungement or seek an expungement later," said Bondonese, from Milton.

The bill would eliminate the mandate on judges to grant or deny expungement during sentencing, clarify that only low-level offenders are eligible for expungement and provide employers with certainty regarding criminal background disclosures on employment applications.

In addition, it clearly defines in state law what it means to successfully complete a sentence, such as paying all fines, restitution and completing probation.

Safeguards are also included in the proposal to ensure victims have a say in the process.

"We think it’s the right solution that balances public safety and second chances," said Goyke.

In Wisconsin, an estimated 1.4 million individuals have criminal records. To be eligible for expungement you have to be at least 25 years old, a provision the co-authors originally eliminated in the bill, but added an amendment to keep the requirement to appease some lawmakers' concerns.

It's one of two revisions made to the proposal to gain support, Goyke said. The measure passed the Assembly with bipartisan support last month but has yet to clear a Senate committee.

Goyke says he's been lobbying Senators for weeks with hopes of the bill being brought to the floor next week. The Senate is scheduled to be in session one more time on March 12.

In a plea to lawmakers, Bondonese said the bill would be life-changing and help the worker shortage by giving more people an opportunity to fill good-paying jobs.

"People are struggling, especially employers too," Bondonese said. "This would open it up so much, where people could be qualified to apply for certain jobs they weren't able to before. It also helps employees stop relying on government assistance."

In 2007, Bondonese relocated to Florida after struggling to find a job with her record. She said it was difficult just finding a retail job as her past haunted her for years.