"Can the Secular State Forgive People?"

John McCullough, a former student of mine at St. Thomas, writes with the question below.  John is a fellow at an organization called the Council on Crime and Justice, where he runs an expungement clinic and does policy work on behalf of ex-offenders at the municipal and state level, among other things.

During law school, I started thinking about Forgiveness and the Criminal Law which led me to the work I am doing now. I think finding a place for forgiveness within the criminal justice system is necessary and is good policy. Forgiveness does have the power to transform lives.

My question is whether or not the state has a moral obligation to forgive those that commit unlawful acts. Should the state, at some point, forgive an individual who has repented (i.e. served time, probation, remained law abiding, is rehabilitated) by sealing the criminal record from public view, erasing any collateral consequences associated with the conviction, offering a certificate of rehabilitation, etc. Forgiveness, from what I understand, is a Judeo-Christian virtue. Is there a place for it in the secular state? Can the secular state forgive people?

I am a regular reader of the Mirror of Justice and thought this might be a good topic of discussion. . . .

I also thought you might be interested in the following book: “God Behind Bars: The Amazing Story of Prison Fellowship,” By: John Perry

Any thoughts, from the criminal-law mavens or others?

Tom