Pubdate: Thu, 07 Jul 2005 Source: Sun Journal, The (NC) Copyright: 2005, Freedom ENC Communications Contact: http://www.newbernsunjournal.com Details: http://www.mapinc.org/media/1733 Author: Barry Smith Bookmark: http://www.mapinc.org/youth.htm (Youth) YOUTHFUL OFFENDER BILL PASSES VOTE IN HOUSE RALEIGH - A bill giving youthful offenders a chance to get felonies erased from their records gained initial approval from the state House on Wednesday. The bill, sponsored by Rep. Alice Bordsen, D-Alamance, would allow 16- and 17-year-olds who commit "low-level felonies" after they serve their sentence or probation, perform 100 hours of community service and stay out of trouble for an additional two years. It passed by a 61-53 vote. "This is a bill to offer an incentive to those young, non-violent felons to redeem themselves," Bordsen said during floor debate. Major felonies - such as murder, rape, kidnapping, larger drug trafficking offenses, robbery, manslaughter and malicious use of an explosive - would not be eligible for expunction. Nor would any offense that had assault as an eleme t of the crime or offenses under which someone would have to register as a sex offender. Crimes eligible for expunction include larcenies, receiving stolen vehicles, trafficking of smaller amounts of drugs, forgery, breaking into coin or currency machines and perjury. Opponents of the bill argued that allowing such records to be erased would be bad for law enforcement agencies seeking to hire officers and businesses doing background checks on potential employees. "What we're doing with this bill is wiping a lot of that information out," said Rep. Joe Kiser, R-Lincoln. "That's the reason that most of your DAs and most of your sheriffs oppose this bill." "I think it's about the public's right to know," said Rep. John Blust, R-Guilford. "What you do in life sticks with you. I think that's important for young people to learn early - that there are consequences to your action." Rep. Cary Allred, R-Alamance, noted that the bill grew out of a drug bust in the Alamance-Burlington Schools in February 2004. "None of these young people were prosecuted unless they were caught selling at least two times," Allred said. "They knew that they were doing wrong." Allred said that passing such a bill would send the message to students that you can sell drugs one time and get your record expunged. But supporters focused on how offering a clean record to youthful offenders would provide an incentive to turn their lives around. "Remember now, we're talking about 16- and 17-year-olds who have violated the law," said Rep. Ronnie Sutton, D-Robeson. "Only deserving folks will get the opportunity." "We don't need to mark our 16- and 17-year-olds for life just to have that information available," said Rep. Hugh Holliman, D-Davidson. "I think we need to work to give them a second chance." Some of the debate focused on if some of the people in law enforcement supported the bill even though their professional organizations said they opposed it. Rep. Alice Underhill, D-Craven, said she had spoken with a sheriff who supported the bill. Allred, when questioned by another representative, said that the sheriff in Alamance County opposed it. Alamance County Sheriff Terry Johnson said that he was "totally against" Bordsen's bill. However, he said he would support a bill allowing misdemeanors to be expunged. "You know right from wrong by the time you're six years old," Johnson said. Bordsen said that the bill would help bring some "consistency and rationality" in dealing with 16- and 17-year-olds. She noted that such people are not considered adults when it comes to entering into contracts, yet are considered adults when it comes to criminal acts. She said that the 49 other states all have a mechanism allowing such people to either have their records sealed or expunged. And she said that allowing for expunction of records would help such offenders get into college, obtain financial aid and get a job. The February 2004 drug sweep netted the arrest of about four-dozen teenagers, including JamesOn Curry, the state's leading high school basketball scorer. Following his conviction, Curry lost his basketball scholarship to play at UNC-Chapel Hill. He now plays at Oklahoma State. The bill is expected back on the House floor for a final vote today. - --- MAP posted-by: Beth