Berks County Bar Association The Berks Barrister Winter 2019 - 33

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go home. He includes in his analysis the major shortages of
judges, prosecutors and public defenders straining the system,
delaying the ability to get a trial and extending the time the
poor spend in pre-trial detention. So a defendant may plead
guilty, even though innocent, and may not be aware of the
collateral consequences. Ironically, many when convicted
receive a sentence of time-served and go home. "While
they were presumed innocent they were too dangerous or
unreliable to be released, but once convicted they are sent
home." iii
Edelman catalogues a lengthy collection of abuses that
push people deeper into poverty and despair:
* Increasing use by schools of the criminal justice system,
even adult court, rather than in-school discipline.
* Criminalization of mental illness.
* Incarceration for failure to pay child support (and
many states continue to charge for child support during the
incarceration).
* Criminalization of public benefits (imposing more rules
and requirements designed to keep the eligible from applying
or leave them susceptible to accusations of fraud and having
benefits cut off for making a mistake or not understanding).
* Crime-free housing ordinances and the criminalization
of homelessness.
However, Edelman does not dwell on the abuses.
Interspersed in his discussions are some successes, including
Constitutional challenges, law reform campaigns, and
increasing political and community organizing and public
awareness of the problems of mass incarceration and the
criminalization of poverty.
And that prompts Edelman to shine his spotlight on
Pennsylvania's progress on the issue of expungement of
criminal records. He sets out the law in Pennsylvania as it
existed in 2015 - expungement of arrests not leading to
conviction, some summary convictions if five years have
passed, and after successful completion of a diversion
program. Then in 2016, Governor Tom Wolf signed a law
allowing for the sealing of minor misdemeanor convictions -
after ten years and other conditions. Sealing means that the
records are available to law enforcement and state licensing
agencies; however, the records would not be available to
employers, landlords or the public and the offenders would
not have to disclose that the records existed. A request to
have the records sealed is necessary, and having a lawyer is

useful. Unfortunately, there still may be filing fees that cannot be
waived.iv Edelman goes on to describe a proposal called Clean
Slate that would provide for the automatic sealing of certain
misdemeanor and summary convictions, saving time and money
and helping far more people. Happily, after publication of
Edelman's book, Clean Slate passed in Pennsylvania as House Bill
1419v. Parts of it took effect in late December 2018.
Other positive efforts presented by Edelman include reforms
to when cash bail may be required, reduction of mandatory
sentences and other sentencing reforms, and decriminalization
of offenses such as possession of marijuana. He uses the term
"decarceration" and makes the point that when properly done it
"means not only fewer people incarcerated but also reinvestment
of the savings into education, jobs, affordable housing, community
strengthening, anything and everything else that plugs the
pipeline to prison. Instead of criminalizing the poor, we need
adequate investment in ending poverty."vi
A broader vision of addressing poverty constitutes Part Two of
the book. This last section is devoted to seven short case studies
of anti-poverty efforts. They are inspiring, but constitute varied
approaches, and this section seemed disjointed to me and less
successful.
On the whole, I recommend Not a Crime to Be Poor for being
well-written and researched, informative and thought-provoking.
Edelman combines hard facts with cogent analysis.
Valerie B. West is Chair of the Berks County Bar
Association Lawyer Referral/Legal Aid Committee and Vice
President of the Law Foundation of Berks County Board of
Trustees.
i He is married to Marion Wright Edelman, founder of The Children's Defense Fund and
the first black woman admitted to the Bar in Mississippi.
ii Not a Crime to Be Poor, Introduction, p. xiv.
iii Not a Crime to Be Poor, p. 50.
iv The Pennsylvania Rules of Civil Procedure permit waiver of civil filing fees for
indigent litigants through filing a Petition for In Forma Pauperis ("IFP"), Pa.R.C.P.
240. An expungement petition essentially is a civil proceeding but is filed with the
criminal docket number. Some counties in Pennsylvania permit the IFP procedure and
other do not. Berks County Court of Common Pleas accepts IFPs.
v Community Legal Services in Philadelphia spearheaded the effort in coalition with
other organizations including current and former Philadelphia Eagles players Malcolm
Jenkins, Chris Long and Torrey Smth.
vi Not a Crime to Be Poor, p. 165.

Winter 2019 | 33
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