FOCUSING ON THE WRONG OFFENSES

The nation's drug laws are tough but not entirely unforgiving. Laws vary
from state to state, but most people who are picked up on a first-time drug
charge -- if it's no more than a misdemeanor -- can salvage their records.

If they agree to probation before a judgment is rendered, if the charge is
dropped for lack of evidence, if they are acquitted, or if they complete
court-ordered conditions, they can petition the courts to expunge the
arrest from their record.

An example would be a college student arrested for possessing or smoking
marijuana at a concert or fraternity party.

Expunging his record allows his life to go forward without penalty for this
youthful indiscretion. On job applications he can legally say that he has
no arrest record.

The promise by a court to expunge such a record is what inspires many
people to undergo counseling or other program s that can divert them from
possible addiction.

In expunging a record, the court must trust that the person involved will
learn from his close call. And the person must trust that his career can
indeed go forward undamaged.

This is why we disagree with the Clark County School District's bill draft
proposed for the 2003 Legislature regarding background checks on potential
employees.

The school district wants to gain access to police records on drug offenses
that have been officially expunged.

If the reason for the power of courts to expunge records is not carefully
considered, the school district's request seems reasonable. District
employees work with children and children deserve protection. But in this
case, the gain to children is hard to discern, as the only offenses
eligible to be expunged are relatively minor ones that did not result in a
conviction.

In the past two years, 15 school district employees have been prosecuted on
sexual crimes.

We encourage the school district to turn its attention away from minor drug
offenses that the courts have forgiven, and turn its full attention to
better background checks for sexual offenses, which can never be forgiven.