Phillip Barnhill of Groton says he is not asking for a break or even sympathy. He is asking for some consideration.

The 54-year-old, once labeled a career criminal by state prosecutors because of the number of arrests and convictions he accumulated over two decades, said job and housing prospects for people like him are slim. He’s been homeless and lost visitation with his two children but looks forward to a turnaround in the coming years.

“I haven’t been in trouble for years. I’m done with that. I’ve given myself to God,” Barnhill said in a phone interview on Jan. 18. “I just found an apartment. I’m getting support. Now I just need to find a full-time job that will take me with my record.”

A new state law erasing criminal records may help his cause.

The state is implementing a Clean Slate law this month, which will automatically erase records of low-level criminal convictions for thousands of residents. Under legislation passed in 2021, more than 80,000 people will have 178,499 convictions cleared from their records. The law is aimed at removing barriers to jobs, housing and education.

“The idea that minor crimes should remain part of someone’s permanent record is outdated, ineffective, and can cause more harm than good,” Gov. Ned Lamont said during a news conference last month.

Barnhill admits his criminal history is lengthy and includes domestic-related assaults, but said he has not had an arrest in many years. Court records indicate his last arrest, for third-degree assault, was in 2017 and that he admitted to a probation violation in 2019.

It is unclear if Barnhill is eligible for record erasure based on available information from the state Judicial Branch, but he’s hopeful.

Under the state’s Clean Slate law, people who are eligible for automatic erasure must not have had any criminal convictions for a period of time ― seven years for misdemeanor offenses and 10 years for felony offenses. Crimes must have also been committed on or after Jan, 1, 2000.

There is a petition process for older convictions.

Misdemeanor offenses and many Class D, E and unclassified felonies are eligible for automatic erasure. The list of eligible charges includes things like third-degree burglary, motor vehicle larceny and third-degree robbery charges but excludes family violence crimes and sexual offenses. Drunken driving convictions are eligible for erasure except when one conviction is followed by a second conviction within 10 years.

A person cannot have pending criminal charges to be eligible for erasure. Erasure, according to state law, does not mean the conviction is deleted, but rather is flagged for nondisclosure. Convictions would not be accessible to employers or landlords. Last year, the state erased 43,754 convictions for low-level cannabis possession after cannabis was legalized. Some state legislators continue the push for widening the pool of eligible crimes for erasure.

People with higher-level felony convictions can still seek relief through the Board of Pardons and Parole.

A different man

Ruben Johnson-Santiago, also of Groton, said he is in a similar position of being saddled with the weight of his past misdeeds. He said he is a different man than he was in 2011, the last time he had a brush with the law.

He is applauding the state’s implementation of the Clean Slate law, even though he’s not sure he would be included in the automatic erasure of his criminal record because of the seriousness of some of his crimes.

Johnson-Santiago, 46, grew up in New London and after shuffling through numerous foster homes without a real role model had turned to drug dealing that led to arrests and eventually convictions and stints in prison for things like assault and firearm possession, he said.

He’s also made past efforts to file the appropriate paperwork for erasure of his record, efforts that were sidelined by the pandemic when he focused his time on helping his community with things like food drives and youth mentorship.

Elizabeth Hines, executive director of the Hartford-based nonprofit Community Partners in Action, said criminal records and mass incarceration in Connecticut are disproportionately hurting Black and brown communities and burdening hundreds of thousands of Connecticut residents with a criminal record.

Community Partners in Action runs a host of reentry programs, youth residential treatments programs and advocates for criminal justice reform. Hines submitted testimony supporting Clean Slate and said that the law could go even further.

Hines started with the organization three decades ago as a job developer and said at that time the most pressing need for formerly incarcerated people was maintaining employment. There’s been a shift, she said, and now employers look to her organization for people to train and include in the workforce.

Housing a challenge

“Employment used to be the number one challenge. Now it’s housing. (A criminal record) is a significant barrier to secure safe and secure housing. It’s frankly criminal,” Hines said.

Hines said there is no evidence to support the idea that someone with a criminal record will have more tenancy issues than someone without a record.

“It’s really hard to convince a landlord of that,” she said.

And while Hines said the Clean Slate legislation is helpful for many, she also thinks it doesn’t go far enough. Hines said many people will not have records erased either because not enough time has passed or because the crime happened so long ago.

“I do hope as the years go by we continue to revise and refine the law to include more offenses and reduce the amount of time that has to pass,” Hines said.

Johnson-Santiago has not had an arrest since 2011 and focused his energy on working with youth as a mentor. He started the nonprofit group Keeping Kids Out of Prison, KOP, and is now working as a community health worker with Ledge Light Health District, working to remove barriers to health for community members, some of whom suffer from opioid use disorder and were recently incarcerated.

Johnson-Santiago is up front about his criminal past and he’s been able to secure employment against the odds since his release from prison in 2011. He recalls showing up at his first job at Foxwoods Resort Casino only to be walked out by management on orientation day. He figures his would-be employers looked at the application, saw his criminal conviction and decided to look elsewhere.

“That’s the kind of thing that really deters you from wanting to work. To have to go through that process is frustrating,” Johnson-Santiago said. “Just from my own experience, I can see how a lot of people fall back into the trap of selling drugs or doing what they know to make money.”

State Sen. Martha Marx, D-New London, said there were people reaching out to her office last year when implementation of the Clean Slate law was delayed. The delay was due to issues with technology upgrades.

“They were anxious to get on with their lives,” Marx said. “These are people who have paid for their mistakes. Some did something stupid when they were young but have have since been good citizens.”

State Rep. Anthony Nolan, D-New London, said the Clean Slate law was overdue and said he’s spoken to many people who felt they were being unfairly penalized by society for crimes committed in their youth that they had already paid for.

“People can’t get either jobs or housing because of their records after they do their time,” Nolan said. “They come out and are productive members of the community. I think this law will be a great start to erase some past mistakes.”

Marx said society has changed and the focus on arresting people with drug addiction has turned to addiction treatment.

While Johnson-Santiago thinks there are more opportunities for people coming out of prison now, he said doors are still closed for many. Johnson-Santiago has been working with those people as part of his job and said their biggest fears are how they are going to support their families.

“We’re human. We make mistakes. Now you have a label on you, an inmate number, and not given a chance. People want to turn their life around, to get a second wind. I thank God that when I was released I had some opportunities,” Johnson-Santiago said.

Jennifer Muggeo, director of health for the Ledge Light Health District, said Ledge Light hired Johnson-Santiago specifically because of his lived experiences and his ability to connect with people he could relate with.

“We have community members who have completed their sentences years ago. They are attempting to do all of the things that society expects of them but they are facing barriers, policies and practices baked into the system,” Muggeo said.

A policy change like the Clean Slate law connects to a community’s health and well being, she said.

“When we step back and consider that in our country, health care is so often tied to employment,” Muggeo said.

But access to jobs with health benefits is not something available to all, she said.

Johnson-Santiago is one of four community health workers for Ledge Light. Muggeo said his criminal history was not a factor in his job application at Ledge Light. She said while Ledge Light considers the safety of its employees and people it serves, someone’s criminal record does not dictate who should be disqualified.

Muggeo said Johnson-Santiago was highly qualified for the position as a trusted member of the community, with empathy and existing relationships with community members and organizations that serve community members.

“We didn’t give Ruben anything. Ruben earned the position he holds. Our community members are well served by Ruben being part of our team,” she said. “His empathy and effectiveness, the approach he brings to the work, his experiences, including but not limited to his experience in the criminal legal system, contributes to who he is today.”

g.smith@theday.com