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RICHMOND — A Republican delegate from Gloucester is proposing legislation to expunge the records of people who are one-time offenders convicted of marijuana possession.
Under Del. Harvey Morgan's plan, law enforcement officers will still have the conviction on file but employers will not find the conviction on the employee's record when they conduct a background check.
This bill expands on the Virginia Code that allows first-time offenders to complete a drug treatment program and have the charges dismissed. Under current law, the dismissal remains on a person's record. Morgan's legislation would expunge all information regarding the incident if the person does not commit the same offense for a period of 10 years.
Morgan cited the stigma that is placed on people who have a drug conviction on their record.
"No matter how much time goes by," he said, "that offense will always be on that person's record. The stigma is impossible to live with."
"It's true that alcohol use or some other problems like that always stays on your record, but it's not considered drug use."
The drug use component of the charge keeps employers from hiring otherwise qualified applicants, he said.
Morgan's proposal appeals to the head of a national marijuana law reform group.
"It certainly makes no sense to ruin or disrupt people's lives or potential futures over simply using a drug less harmful than alcohol," said Mason Tvert, executive director of SaferChoice.com, a Colorado-based organization that works for changes to many marijuana laws.
State Police officials declined to comment on the pending legislation.
"I think that [the bill] is going to lead to a safer, more productive Virginia because more people will be able to get jobs and educations as opposed to having a scarlet M on their chest for the rest of their life," said Tvert, whose group advocates that marijuana is less harmful than alcohol to both the user and the public.
Morgan's bill is aimed at helping young people who broke the law but have not strayed since.
"It's unfortunate that people are deprived of employment because of a 20-year-old marijuana arrest," Tvert said.
Sen. Ralph Northam, D-Norfolk, said he agrees with Morgan's proposed legislation but does not condone marijuana use. People should get a second chance as long as they learn from their mistakes, Northam said.
Proposals such as Morgan's are becoming more popular across the country, Tvert said.
"The country as a whole is moving toward changing marijuana laws," he said. "People are recognizing that these laws have been on the books for so long that they are having a serious negative impact." |