Write a Story.....Go to Jail Part II: Felony record without a conviction

[Blue_Chill]

About a month ago I started a thread based on a wired mag story about a kid in OK that wrote a story which concerned preforming some sort of assault on his school.

According to the wired update the charges against him have now been dropped. But....

<snip>Now, after tens of thousands of dollars spent fighting the charge, Brian Robertson is free, but the accusation that he broke the law will stay with him. Under Oklahoma law, if a case carries on for more than a year, a felony charge remains on the defendant's record, even if the case is dismissed. The felony gets expunged from the record only if the defendant is acquitted following a trial. <snip>

Source: http://www.wired.com/news/conflict/0,2100,60267,00.html

...He gets a felony charge on his record even though he was not found guilty. That to me is a great injustice.

If you missed the first thread but would like to read the first article on this case: http://www.wired.com/news/conflict/0,2100,60144,00.html

[DuctapeFatwa]

1. Do NOT let your kids do creative work in school

Have the teachers give your child a comparable non-fiction writing assignment, extra study period during art.

If you want to protest the school policies, great. But don't make your kid part of the protest. He or she can decide what's worth going to jail for once he is an adult.

If you feel that practicing creative arts is something that just HAS to occur at school instead of at home, move to another country.

[sandnsea]

2. NO

This is how we end up in an insane, punitive society with more and more of our rights gone. We have to demand sanity in our schools and our laws. I am so sick of reading dingy things done by teachers (not most of them). The principal who lifted skirts and checked panties in California. The teacher who thought killling puppies in science class was ok. The teachers who can't differentiate a butter knife from a butcher knife. It's stupid. If these educators don't have common sense, kick their asses out. Stop making kids suffer.

And creative writing is very important. It's half the reason my daughter enjoyed school at all. It's the only time my son was forced to express more than 5 sentences on a page. It's good for kids and they shouldn't be deprived of that outlet and learning process.

[DuctapeFatwa]

4. We DO live in an insane punitive society

If you want to put your own safety on the line, or go to jail, or whatever is demanded of non-conformists, to change it, as an adult, you can make an informed decision to do that.

A child depends on you to protect him from harm until he is an adult and can make his own choice.

One of the things you as a parent have a responsibility to protect him from is an insane punitive society.

[sandnsea]

11. Yes, you have to be a parent

And first make yourself known at your child's school. Either through being constantly communicative or occasionaly 'feisty', whichever kind of school you find you're in. Letting them know they can either talk to you if there's a problem OR that you can't be pushed around, will generally lead to constructive problem resolution. But you can't just simply allow craziness to exist. As a parent, as an adult in my community, I owe it to all the kids to make sure the schools are both safe and reasonable. I'm not just going to throw the towel in on it.

But, after thinking about it, I also agree you have to protect your kids. And I do. I remind them on occasion, things you think would never come out of your mouth. "Oh by the way, don't draw up any hit lists or maps for bombing the school" "No shoot 'em up stories, don't forget now" Not quite like that, but I do remind them. In return I get rolled eyes and "Oh yeah, like I'm that stupid". So I agree, each parent needs to be mindful of their own children. But we shouldn't have to completely eliminate creativity in the process.

[Blue_Chill]

3. Sad that it has reached that point

We need to stop jumping to conclusions with kids.

[DBoon]

5. This will hurt for a long time

More and more jobs are requiring pre-hiring criminal background checks. Having a "felony" will make it very hard for him to find work for the rest of his life.

Once the legal system is done punishing you, then the private sector takes over.

[Bandit]

6. Also voting rights

Another future voter is disenfranchised.

[dfong63]

7. that should be unconstitutional

[Blue_Chill]

8. Kick this is real world stuff that matters I hope more people read it.n/t

...

[Cheswick2.0]

9. unfair

this is horrible. I remember being in school and the need to always push the envelope. He wrote a story for goodness sake. In other times we called this art.

[redeye]

10. But this is not "other times"

Nowadays writing is treason - don't you know? Hell, I might get jailed if I publish a book detailing the works of a resistance in the year 3411 because of "substantial similarity."

[DoNotRefill]

12. OK....

He wasn't CONVICTED of a felony. Being charged with a felony doesn't really do much to you. It's a CONVICTION that has serious repercussions. BTW, in a few years he can petition the court to have it expunged from his record. That'll cost around $1,000 to $1,500 in legal fees, and expungements are routinely granted.