Providence,
RI, USA -- Rhode Island becomes the fourth state to pass
#AutoErase legislation which requires that arrest records are
automatically erased of innocent individuals wrongfully arrested due
to mistaken identity. The bills, HB
7094, and it's companion bill, SB2421 - "Requires
the sealing and destruction of arrest records of persons wrongfully
arrested," were introduced and championed by Rep. Carlos Tobon
(D-Pawtucket) and Senator Juan Pichardo (D-Providence), respectively.
Rhode Island joins North Carolina, Illinois and Colorado in passing a
piece of criminal justice reform legislation that was born out of the
wrongful arrest of Hollywood independent producer and entertainment
industry executive, Charles Belk in August of 2014. #AutoErase
legislation has been signed into law in North Carolina, Illinois and
Colorado, and is currently pending legislation Michigan and
Pennsylvania.
Innocent
people in Rhode Island, as well as throughout the country, are
wrongfully charged each year with a felony or misdemeanor crime
because the charges were issued as the result of mistaken identity
(i.e., misidentification by a witness or law enforcement, confusion
on the part of a witness or law enforcement as to the identity of the
person who committed the crime, misinformation provided to law
enforcement as to the identity of the person who committed the crime,
or some other mistake on the part of a witness or law enforcement as
to the identity of the person who committed the crime), or because
someone else used their information. Because the responsibility to
remove a wrongful arrest record falls on the charged individual, he
or she is burden with the expenses and time required to handle such a
task. If a person does not have the erroneous arrest record removed,
it can greatly affect his or her ability in the future to get a job,
a loan or certain licenses. The Rhode Island legislation requires
that any law enforcement agency, subsequent to the arrest of any
person, that determines such person was wrongfully or incorrectly
arrested as a result of mistaken identity or any other reason or
wrongfully fingerprinted, photographed or otherwise has generated any
record of arrest for investigatory purposes and as a result of such
wrongful arrest, no charges have been filed in any court of the
state, seal all such arrest records and destroy all identifying
information and indices of arrest. Notwithstanding a veto by the
Governor, the new law will take affect on July 1, 2016.
"If
someone is wrongful arrested because law enforcement is doing their
job, it's only fair that their record is cleaned up,"
Representative Tobon said. "Getting a faulty arrest record
erased currently is a long and costly process and many people are
being harmed by simple background checks."
On
August 22, 2014, Charles
Belk was mistakenly identified as an armed bank
robber because he fit the description of a tall, bald, Black male. He
was handcuffed, detained, taken to the police station, booked, denied
a phone call, denied being told his charges, denied immediate access
to an attorney, jailed for six hours for Armed Bank Robbery and
Accessory to Armed Robbery and held under a $100,000 bail. Although
he was released later that night and given a Certificate of
Detention, which indicated he was only detained and not arrested, an
arrest record appeared on the Sheriff's website and a state legal
process had to be followed to get the arrest record sealed and
destroyed. Since his arrest, Belk launched a nationwide effort,
through the non-profit he founded (fittingthedescription.org)
and his #AutoErase Initiative, to educate and inform those about the
perils of wrongful arrest records, and engage legislation to
alleviate the burden and costs incurred by the innocent to remove
those arrest records.
"Since
the wrongful arrest incident, I have seen the #AutoErase legislation
introduced in 14 states, and Rhode Island was one of those state that
I had the opportunity to visit on several different occasion, meeting
and talking with community leaders and officials, including
Providence NAACP President Jim Vincent, Providence Public Safety
Commissioner Steven Pare, and Pawtucket Police Chief Paul King, among
many others," said Charles Belk. "This is an incredible
piece of legislation for the good people of the great state of Rhode
Island, and I'm truly grateful for the support from the community and
the state legislators."
Fitting
The Description, a 501.c.3, tax exempt, non-profit
organization, was established to help build awareness of wrongful
detentions and arrests that occur each day because an individual "fit
the description." The organization helps educate and inform
others about the perils of wrongful arrests records, and advocates
for alleviating the burden and costs incurred by the innocent to
remove those arrest records.
Media
Contact:
Mark
Williams
Fitting
The Description Inc.
PO
Box 93181
Los
Angeles, CA 90093
213-632-6390
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