MAY PICNIC

WE WERE THRILLED TO WELCOME OUR MEMBERS back to Mordecai Historic Park for our first fully in-person May Picnic since 2019! Members enjoyed Sam Jones BBQ and lots of sunshine as they came together under the historic oaks.

Photos: Bryan Miller, Frontrunner Productions

THE SECOND CHANCE ACT IS CHANGING LIVES

BY ASHLEY CAMPBELL, BLANCHARD COMMUNITY LAW CLINIC DIRECTOR AND CATRINA SPAGNUALO, THIRD YEAR LAW STUDENT AT CAMPBELL LAW SCHOOL

AT LEAST ONE IN FOUR NORTH CAROLINIANS HAVE CRIMINAL RECORDS. A criminal record can create devastating collateral consequences that prohibit people from accessing employment, business and occupational licensing, housing, voting, education and other rights, benefits and opportunities otherwise available to all Americans. After two years of organizing, advocacy and outreach by members of the NC Second Chance Alliance, the Second Chance Act was signed into law by Governor Roy Cooper on June 25, 2020. This landmark piece of bipartisan legislation passed the North Carolina General Assembly unanimously and created the opportunity for thousands of people to have their criminal records expunged.

The new law expanded the types and number of convictions eligible for expunction and became effective December 2020. A provision providing for automatic expunction of most dismissed charges “by operation of law” became effective December 1, 2021. The Blanchard Community Law Clinic at Campbell Law School has been at the forefront of expunction efforts in our state. In 2021, the clinic began the Bob and Pat Barker Second Chance Initiative, using funding from the Barkers, who are committed to reducing recidivism. As part of the Second Chance Initiative, more than 100 law students and volunteer lawyers participated in five legal clinics to expunge criminal records. Three clinics were in underserved areas of eastern North Carolina – Pitt, Robeson and Onslow counties. Two clinics were in Wake County. More than 50 volunteer lawyers, including lawyers from the Wake County Bar Association Young Lawyers Division, supported the Wake County clinics, where more than 400 clients were served.

Jessica was one of the clients served by the clinic. The first time Jessica got in trouble with the law was in May 2001 when she was 17 years old. “As cliche as it sounds, I got caught up in the wrong crowd when I was young," she explains. "They were older and could do things that I couldn’t. I paid for it for 20 years.” For at least 15 years, Jessica could not find employment sufficient to support herself and her children due to her conviction. She was denied employment in childcare, as a substitute teacher and at retirement homes. Jessica never got calls back from places like Walmart and Target. She could not vote or be a notary.

In 2017, Jessica applied for a town clerk position and disclosed her record. The interim manager strongly believed in second chances and agreed to hire her. Soon after starting the position, Jessica received anonymous emails with threats to go to the town meeting to make it known that there was a felon working for the town. Once her office colleagues learned of her record, they immediately treated her differently. Jessica felt like she walked around with a scarlet letter. “No matter how long ago it was,” she says, “people look at you differently.” Even at age 38, serving as the town clerk, and having no criminal history within the last 20 years, Jessica’s criminal record defined her.

Jessica was 17 when she was convicted of her only two felonies: Forgery of Endorsement and Uttering Forged Instrument. She had four more misdemeanor convictions in the following year. She has had no criminal convictions after age 18. Jessica served her sentence and moved on, working hard to live a better life. But she suffered an additional sentence of collateral consequences and was treated like a danger to society for at least the next 20 years. Jessica looked into expunction several times, but she was not able to afford it. She “was frustrated and gave up.” In 2021, Jessica’s entire record was expunged by law students at the Blanchard Community Law Clinic. It was “a fresh start” that she hopes more people get to experience.

Jessica has been the town clerk for nearly five years, she and believes that people trust her more now that her record is expunged. In addition, she received her certification to be a notary, voted for the first time, and is no longer embarrassed by her kids knowing she went to jail and was a felon. “I’m proud that I’ve grown and I’m proud that I’ve gotten rid of [those convictions],” she says. Criminal record expunction is life changing. It provides an opportunity for people to grow beyond their past failures, restores dignity and makes people and their families stronger. By walking alongside those who need a second chance, we can help bring healing into their lives and our communities. WBF