Expunge Our Records – Reformed Youth Offenders Begging For An Early Second Chance
Several youths in May Pen, Clarendon, whose future has been blighted by their criminal antecedents, are begging the authorities to look into laws governing the expungement of criminal records, as they are being denied crucial opportunities.
Otis James, founder of the 12-year-old James and Friends Education Programme in May Pen, said that the slowness of expungement laws is unnecessarily thwarting opportunities for reformed gangsters in the parish, who genuinely want to turn away from a life of crime.
“A lot of the youths send letters to me, and when I open it they tell me that they got involved and messed up in crime because of friends and company, but they want a job. Some of them want to get back into school,” he said, adding that while some manage to get back into school, others find it difficult to find employment because they have a criminal record.
“I agree that we must have a way to track the youths and know what they did in life, but to have a record for five, 10 years before it can be expunged, we are only pushing the youth dem in more danger. If you have a youth sit down without a job for three, four years, we are putting the whole country at risk.”
ONLY WANT OPPORTUNITIES
James, who has done a great deal of work with some of the toughest youths in Farm, Bucknor, Love Lane, Race Track and other sections of May Pen, said that many of the denied youths are hard workers, who only want opportunities.
“I’m not saying that you must expunge everyone’s records, and I’m not here bigging up crime, ’cause that is not what we are about. But you have youths out there who genuinely want a chance to change their lives. We don’t have to keep punishing them,” he argued.
The Ministry of Justice explains expungement as having a conviction removed from one’s criminal record after a specific period of time. It is governed by the Rehabilitation of Offenders Act.
“In order to qualify for expungement, two essential conditions must be satisfied: the offence in question must be one which attracts a non-custodial sentence or sentence of imprisonment not exceeding five years,” stated the ministry’s website.
The person in question must not have had any other convictions during a specified period of time referred to as the ‘Rehabilitation Period’.
CONTINUE TO PAY FOR MISDEED
James pointed to the case of 21-year-old Robert Cole, who was brought to tears last Thursday as he spoke of a life haunted by the deaths of relatives, and his subsequent run-in with the law.
Cole was arrested and charged for possessing two rounds of ammunition, which he claimed he found in an open field and had taken up as a souvenir. Despite being put on probation for the first-time offence, and despite being fully remorseful, he said that he continues to pay for the misdeed, as it is has been placed on his police record.
“I really think that youths with minor offences like mine should be given a chance to expunge their records, and get another opportunity,” he argued.
“I remember I was at school and I heard that my sick sister died, she was going to college. That time I was in fourth form and I knew that she was a major part of my life that encouraged me and wanted me to do better.”
Sharing that the death of his mother overseas made him angry, Cole added that, “I was going to school at the same time, and living in a community like Farm, there are a lot of things that can draw you out for you to do wrongs. But as I told you, I didn’t want that for my life. I just wanted opportunities.”
He said that despite that offence a year ago, he has not had any other run-ins with the law.
A 21 year old is not a youth for the purpose of the law. A youth is anyone under 18 years and anyone under that age who commits themself do not have a public criminal record going into adulthood. These are big ass-tearing men who know right from wrong and still choose to break the law now they want to be pardoned? That would mean that everyone else would have to be pardoned too nuh so? Mr James if you want to do something to help our youths, look for the ones who are actually considered youths and drum it Inna dem head seh crime don’t pay and a criminal record is a hindrance to many opportunities. Pick a worthwhile struggle sir.
Just because he got caught at 21 doesn’t mean he hasn’t been involved in a life of crime since a much younger age. Even at 21 the decision making part of a young persons mind is not fully developed. How is having two rounds of ammunition something that should hinder him for the rest of his life? That makes no sense.
I agree 100% Anon.
Give dem di chance.
A youth is someone who is 12 years and older but under the age of 18 (i.e. 12-17). While the mind is considered fully developed at 25, a 21 year knows what he is doing. HOWEVER we should not discount aggravating circumstances such as peer pressure and poverty. If we are to really rehabilitate, we have to consider pro-social opportunities to get the youths involved in so they have something to occupy their time. It is my opinion if some of these records are not expunged and these same young men cannot get jobs or further their education then the recidivism rate will go up. They will be find other means of survival which would largely be to rob and commit other forms of crimes.