We spoke with Damien Wilson and Linda McClellan, Training and Legal Resource Coordinators for the CORI Initiative. They recently testified in front of the state legislature as part of the CORI Initiative. They advocated for the Clean Slate Act, legislation that ensures that people who were formerly involved with the criminal legal system will get a fresh start by having their criminal offense record information (CORIs) automatically sealed when they are eligible.
Q: What is the CORI initiative?
Linda: The CORI initiative is multifaceted. Primarily, we help seal and expunge criminal adult records. Additionally, our policy initiative, led by Damien and I, focuses on supporting legislation for criminal reform and reducing recidivism. We train other organizations on CORI sealing, including groups like Ropes and Gray, who seek more information on the process.
Q: For someone who doesn’t know, what is the “Clean Slate Act”?
Damien: The Clean Slate Act focuses on reforming the current court system. It addresses issues such as lengthy waiting periods for sealing criminal records and the lasting impact of charges that are later dismissed. The act aims to streamline the process, reducing wait times from months to 90 days for record sealing. It also ensures that non-convictions are automatically removed from records, preventing past mistakes from hindering individuals' futures. Overall, the goal is to simplify procedures and prevent unjust barriers to employment and education opportunities.
Linda: In Massachusetts, to seal an adult criminal record (referred to as a "CORI"), there are currently two options: the 100-A and the 100-C processes. The 100-A process applies to convictions and non-convictions, but there's a waiting period of three years for most misdemeanors and seven years for most felonies before sealing is possible. It involves administrative paperwork sent to the commissioner of probation. On the other hand, the 100-C process is for non-convictions, with no waiting period, but the decision lies with a judge's discretion. This means that even if someone is falsely arrested and later cleared, the charge might still appear on their record if the judge decides against sealing.
The Clean Slate Act aims to remove these barriers by streamlining the sealing process. It could also include provisions for automatic sealing. This legislation is crucial for individuals trying to move on from past mistakes or false accusations, ensuring their records don't hinder their future opportunities.
Damien: During our testimony, we specifically addressed sealing records, which involves locking them away rather than completely erasing them as expungement does. While there are many different bills involved, our focus was on this aspect. The CORI Initiative, on the other hand, considers both sealing and expungement, emphasizing the importance of understanding their distinctions.
Q: How would you describe testifying at the state legislature in person, was that your first time doing that? What was the experience like?
Linda: Testifying for the first time was a new experience for me. Although I've witnessed testimonies before and been in similar settings, sitting down to speak directly was different. Having Damien beside me was reassuring, as it felt less daunting to address the legislature together. It reminded me of our past experiences with lobbying for similar bills. The process involves presenting your case and explaining why it matters. It's sometimes puzzling to justify why basic rights, like sealing records for those who have completed their sentences, need advocating. But you have to push through it, lawmakers don’t like it if you talk to them as if they should automatically agree, you have to be persuasive. That’s why we use the skills we learn in law school, trying to be a good lawyer ethically and effectively.
Damien: I agree with a lot of that. It was my first time speaking in front of a group like that. I've been involved in lobbying over the summer, with experiences related to the CORI Initiative and my internship, where my supervisor often conducted hearings. It's an unusual feeling to have a group of people looking to you for a compelling story and solid evidence. You're aware that others behind you have firsthand experience with the issue, unlike yourself. Having support from each other, as Linda mentioned, was reassuring. Some individuals speaking were 50-60 years old and had been affected by the issue their whole lives, feeling unsupported. For me, it was important to show that people do care and support them and that their lives shouldn't be overshadowed by this issue forever. While it was nerve-wracking to present to those higher up, it's a necessary step.
Q: What interested you in being part of the CORI Initiative?
Damien: When I entered law school, I sought new knowledge, especially as a first-generation student from Canada. Joining the CORI Initiative provided valuable experience in criminal law, which was my interest. Originally, I focused on client-facing work, wanting to help people directly. However, I soon realized the importance of policy and legislation in creating real lasting change. While assisting individual clients is rewarding, fixing systemic issues requires working on the policy. Hearing clients express gratitude for our help in sealing their records solidified my commitment to policy and advocacy work.
Linda: For me, I started my 1L year as a volunteer to connect with the outside world, drawing from my experience as a therapist, case manager, and social worker. So I was very used to being on the ground with people and connecting. Initially, some of these cases felt distant, like stories rather than real-life situations. Volunteering helped keep me grounded and made me remember that we're here to help real people. These aren't stories in textbooks, they're real people and this is real law.
In my second year, I took on a role to enhance the CORI Initiative's impact, establishing a policy team to advocate for criminal justice reform. This initiative has grown my interest in reform and legislation because no law school class teaches you how to legislate, how policy works, and the intersection
Despite not wanting a career in criminal law, I'm passionate about reform because I believe in the right to move past one's mistakes. Our judicial system should allow for genuine rehabilitation, not lifelong punishment.
Now in my third year, I've served on the executive board for two years, witnessing the growth and impact of our policy team on criminal justice reform.
Q: How would you say your involvement in the CORI initiative has improved your law school experience?
Linda: Being part of the CORI initiative has greatly benefited me during law school. It's become integral to my experience since I began my first semester. The initiative has opened up numerous opportunities I wouldn't have otherwise considered. Engaging in legal work and being able to include it on my resume has garnered a ton of interest from others. Additionally, I've gained valuable skills, such as sealing criminal records, which many lawyers may not possess. Teaching others about legal processes has been fulfilling, and having access to this unique resource is invaluable.
Damien: I agree with Linda on many points. Joining the CORI initiative was one of the first things I did, and it connected me with opportunities like the Identity Affirmation Project and Law Review. Linda has been an excellent mentor making me feel included and providing real-life insights. I can't imagine my journey without CORI. It's important to step out of the classroom and gain practical experience, especially when dealing with clients who face financial struggles or lack education. CORI taught me humility and the importance of understanding others' perspectives. I highly recommend programs like CORI and IAP for practical learning experiences. Textbooks only tell part of the story; real-life cases involve people's lives and complexities beyond labels.
Q: Is there anything else we should know about the CORI initiative?
Linda: I always emphasize a key point: I've trained every participant in the CORI initiative. Over the past two years, I consistently begin sessions by asking everyone to reflect on their biggest mistake, whether recent or distant. Consider how this mistake impacts their daily lives, affecting job opportunities, education, housing, and even casual interactions. This is the reality for many, particularly people of color, especially Black individuals. They must see representation and support from someone who shares their experiences and stands on the legal side.