Time September 21/September 28, 2020and doesn’t question her decision. In fact,
she’s participated in three more demon-
strations since her arrest. “Regret im-
plies that if you had a choice to do it over
again, you’d make a different decision,”
says Campbell. “I would still be there.”
Lawyers representing protesters fear
many are marching under the mistaken
impression that minor cases disappear
from criminal records once charges are
cleared. Sandidge and Campbell walked
into protests with that mindset. But
in reality, arrests remain on criminal
records in most states’ court systems,
threatening a person’s ability to find
work and housing for years. At least 28
states, including where Sandidge and
Campbell were arrested, require an in-
dividual to take often onerous court ac-
tions to seal or expunge an arrest re-
cord, even if they’ve been acquitted or
a charge has been dismissed, accord-
ing to the nonprofit Collateral Conse-
quences Resource Center. Even then,
many states allow only one expungement
in a lifetime, says John Phillips, a Flor-
ida civil rights lawyer who helped get
Campbell’s unlawful- assembly charge
dismissed. “Right now, you think you’re
invincible,” Phillips says. “But this may
stick, and it can add up. It’s a snowball
going down the mountain.”
Records of arrests and even mug
shots also live on in public and private
databases, which employers, college-
admissions boards and some loan issu-
ers can access. “All someone has to do
is Google your name, and information
will come up showing what you’re ar-
rested for,” Smith says. “The arrest re-
cord could, frankly, be around for most
of your productive life.” This has long
been a problem in a nation where nearly
1 in 3 adults, or 70 million, have an arrest
or conviction record and where, accord-
ing to the Brennan Center for Justice, as
many Americans have criminal records
as college diplomas. “Employers are not
supposed to rely on arrest records alone,”
says Avery, the NELP attorney. “But the
truth is that if it shows up on a back-
ground check, it’s going to affect an em-
ployer’s view of the applicant.”
A movement to prevent this has made
progress. Thirty-five states since 1998
have adopted so-called Ban the Box laws
or policies that require public- sector
employers to consider job candidates’
qualifications before asking them to dis-
close arrest or conviction records. Four-
teen of those states have gone further,
barring private employers from includ-
ing questions about criminal convictions
on job applications.
“We’re coming around to everyone
recognizing that perhaps people with
an arrest or conviction record shouldn’t
be perpetually punished,” Avery says.‘The arrest recordcould, frankly, bearound for most ofyour productive life.’—James Smith, lawyerNation