Interview with Record Clearing Activist Sarah Stein

Sarah Stein is well known in the community of people who work with former offenders. While she is based in Las Vegas, Nevada she can been all over the western United States and her impact is felt all over the country.   Ms. Stein has written extensively about expungement and other forms of post-conviction relief.  She recently provided behind the scenes guidance on expungement reform in California.

JA - Thank you for answering a few questions and sharing your insight with me and my readers.   Tell me about the research you are working on right now.

SS - You are very welcome.  It is always a pleasure to talk with you.  A big part of what I do is advocate for changes in the area of post-conviction relief.   I have never had a problem making arguments in favor of reform.  However, those arguments were always based on common-sense or basic notions of fairness.  I really wanted statistical evidence to validate our assertions that good expungement laws reduce crime and save taxpayers money by reducing the costs of the criminal justice system and other social welfare programs.

JA - Let me interrupt you there.  Has anyone every questioned the validity of the assertion that expungement laws can save taxpayer's money and reduce crime?

SS - Nobody has ever posed the question with skepticism that it achives those goals, but I have had plenty of people ask about the extent of potential savings.  Which is a fair question and one that I want to be able to answer.  That is why we are starting this research project.

JA - What do you hope to do with the research?

SS - Well, I am sure we will write about it like crazy, no matter what the outcome is.  My goal is, first and foremost, is to conduct a good study.  I am not setting out to prove a hypothesis.  I want this to be as scientific as possible and a valid as possible.  If the data shows, what I suspect it will show, I think it will help lawmakers make decisions about how many resources to allocate towards providing expungement programs.  It would help them make good decisions if they can see the return on investment.

JA - From what I hear, you helped behind the scenes with recent changes to California's laws that were made by SB 530.

SS - Yes, but it was a very small role.  Mat Higbee came to me a few times and sought-out advise on lobbying for passage of the bill and for feedback on some of the language he was drafting.  But, I know that I am just one of many that he worked with.  In the end, it is Senator Wright and his staff that really deserve the credit.  I am sure Mat can tell you more about the process and what is going to happen next.  I know they are still fighting and that there is much more that he wants to do in California. I think expanding felony reduction is the priority right now.

JA - Are you active in the legislative process in other states?

SS - I haven't been for the past couple of years.  Lobbying is best done face-to-face and I haven't been able to travel much the past two years because of my commitments in Las Vegas.  However, I miss it, and it is an exciting time with so many states expanding their expungement laws.  There are some good opportunities to make excellent public policy.  Even Florida is considering expanding it's Florida expungement law.   I am enjoying see the positive changes all across the country.

JA - Thank you again Sarah. Where can people read you study when it is done?

SS - I am hoping the New York Times.   But I am not holding my breath.  Either way, it can be found on my site Nevada-Expungement.com

Expungement Videos Coming Soon

Well, I just received something akin to a grant to produce videos about expungement laws in several states.  This is very exciting.  Not only to get I get to buy a bunch of fun gadgets and gizmos, I get to learn about making videos.  

Not just video, helpful videos that are designed to educate people on a wide range of topics about clearing felony and misdemeanor criminal records.   So, not only do I have to learn about video production, I have to make sure that my scripts and graphics are legally relevant.  I will be expanding out of my expertise, which really is California, and Los Angeles in particular.

I am interested to hear what topics people are interested in learning about.  Here is the list I have received from people at the center and on some of my other sites and boards.  I have broken down the topic by state.

ARIZONA EXPUNGEMENT TOPICS

Does Arizona Allow For Expungement of Criminal Records -  This is a great topic because of all of the confusion that centers around the terms vacate, set-aside and expunge, not to mention the bad advise given by the well meaning employees at the courts.  I imagine this video will be about 8 minutes.  I might do one especially for Phoenix or Maricopa County.

Can Arizona Restore Firearm Rights from Federal Conviction – This topic will take some research.  I have been getting conflicting information.  My friends at RecordGone.com say it is possible, but I have had a few people who disagree.  The last thing I want to do is make a video with bad information.

TEXAS EXPUNGEMENT TOPICS

Can I Expunge My Arrest Record – This is a pretty straightforward topic, but from what I am hearing, nothing is too straight forward with Texas expungement (or expunction as they call it) law.   It is ironic that such straight shooting people can make something like expungement complicated.    This should be about 10 minutes.   Supposedly the procedures really differ by county so an expungement in Dallas Texas video or other regions, like Houston and San Antonio might be need. 

What Is An Order of Non-Disclosure – This is another one designed to clarify the mud.   The people call it record sealing, the statute calls it an order of non-disclosure, and the courts call it both.   Either way, it is a powerful option for people with a felony or misdemeanor that resulted in deferred adjudication.   Not all offenses are eligible, but most are.  

This is just a small is of criminal record clearing topics.  I have budget to do about 40 and cover about 8 states— maybe 10.  Please feel free to post suggested topics here or on any of my other sites or my Google plus sites.  Here is a classic California expungement video.

Misdemeanor Domestic Violence Gun Ban Case Before SCOTUS

The Supreme Court of the United States is reviewing the case of US. V. Castleman.  This case, which comes out of the 6th Circuit (TN), is intended to settle a split in the federal definition of misdemeanor domestic violence for the purpose of the Violence Against Women Act.

The court defines the issue as: ": Whether the respondent’s Tennessee conviction for misdemeanor domestic assault by intentionally or knowingly causing bodily injury to the mother of his child qualifies as a conviction for a “misdemeanor crime of domestic violence” under 18 U.S.C. § 922(g)(9)."

If the Court upholds the lower court opinion, many people who are currently under the purview of the ban will fall out of it, thereby allowing them to once again purchase and own firearms.  

I look forward to posting more about this case as it develops.

Mugshot Web Site Publishers Under Fire - Good News

Web site operators who publish mugshots in hopes of causing enough pain and embarrassment as to force the subject of the mugshot to pay money to them or an affiliated company for removal had a bad week.   Attorney Jenna Thorne has written an excellent article summarizing the unscrupulous activies of these site and what Google, Wells Fargo, Mastercard and others are doing to fix it.

Many of the publishers continue to publish the mugshots even after a criminal record has been expunged or sealed.  

State lawmakers and some attorneys contemplated actions against these parasites.  However, the recent actions by big corporate players has delivered the biggest blow yet.    The parasites are not dead, but they have to be feeling a lot more uncomfortable. 
 
 
"Google has updated their algorithm to prevent mug shot websites from appearing at the top of their search results, and credit card companies and payment providers are investigating the business practices of websites that publish arrest photos and extort money from individuals desperate to get them removed. While individuals have been anxiously waiting for relief in the form of new law passed to curb this unethical practice, it may be other private businesses that are finally able to eliminate this entire industry."



You can read the full article at RecordGone.com

Enactment of SB 530 Expands CA Options & Protection for Former Offenders

Yesterday, October 10, 2013, California Governor Gerry Brown announced that he had signed a number of bills into law, including California Senate Bill 530. Included in SB 530 was the introduction of Section 4852.22 to the California Penal Code, which expands the eligibility for those convicted of a felony or misdemeanor sex offense violation to file for a petition for a certificate of rehabilitation and pardon.

A certificate of rehabilitation and pardon is a form of post-conviction record relief that allows ex-felons and certain misdemeanants who have proved that they are rehabilitated to restore civil and political rights of citizenship. Although a certificate of rehabilitation does not erase a criminal conviction, it increases a rehabilitated offender’s chances of being issued a professional or occupational license. It also may relieve certain offenders of their duty to register as a sex offender under Penal Code section 290.

 The former law authorized an individual convicted of a felony or misdemeanor sex offense to file for a certificate of rehabilitation and pardon only after a minimum period of rehabilitation had expired, anywhere from five to ten years. The addition of Section 4852.22 to the Penal Code expands the eligibility of those rehabilitated applicants, allowing a trial court to grant an application for certificate of rehabilitation prior to the statutory minimum period of rehabilitation if the presiding judge believes that relief service the interest of justice.

 The interest of justice standard is regularly used in California courts for many matters, including other forms of post-conviction relief such as expungement proceedings. The passage of SB 530 allows deserving and rehabilitated individuals who were previously prevented from applying for a certificate rehabilitation to apply without waiting for the statutory minimum period of rehabilitation to pass.

SB 530 was authored by Democrat State Senator Roderick Wright (35th District).

Irvine Expungement Attorney

Having a criminal record is a stigma that can haunt you for the rest of your life, unless you make the decision to get an expungement. Fortunately, if your conviction occurred in Irvine, California, there are many remedies to expunge your criminal record. The expungement process, however, is complicated and time sensitive, which is why it is highly advisable to invest in an expungement attorney. Investing in an Irvine based expungement attorney is an investment in your case and is an investment in your future.

An attorney who specializes in Irvine expungements will be able to provide you with many advantages such as knowledge of California’s expungement laws and familiarity with the complex expungement process in Irvine. An Irvine based attorney will also be familiar with the courthouse that will oversee your case and with the objections raised by the District Attorney, a familiarity that will enable them to better prepare evidence and a defense to support your case.

An expungement attorney will be well versed with the expungement process and know what is required from beginning to end, and will be able to handle the case efficiently and properly. An expungement attorney already knows where to file the petition for the expungement, the cost of filing fees, and the documents required to present to the court. A California expungement attorney will serve as your legal council throughout the expungement process and will represent you in court in the event that the state, represented by the District Attorney, objects to your petition.

Unfortunately, there are many websites that offer expungement services that are staffed by paralegals, rather than attorneys, and as such cannot represent you in court. You may pay for their services only to end up doing all of the work for your case yourself. When you hire an expungement attorney to represent you, you are paying them to work for you by preparing and filing all necessary documents for your case, in addition to representing you in court.

Here is what you need to keep in mind in order to avoid Internet scams and ensure that an actual expungement attorney is representing you:

• Make sure that the expungement attorney is licensed by the California state bar
• Make sure that the billing address matches the attorney’s street address for the California Bar Association records
• Make sure that the firm or attorney gives you the comfort of paying on a credit card
• Make sure that the firm or attorney offers a flat fee with a payment plan, which gives you the comfort of knowing that you are not being charged for unnecessary, ever escalating fees
• Make sure that the attorney’s fees include the expungement filing fee

If you cannot afford a private attorney, then contact the Offices of the Public Defender for Irvine. For information on your Orange County Public Defender, visit their website at http://www.pubdef.ocgov.com/.

California's Expungement Law Almost Changed for the Better

California came close to expanding the benefits of California's expungement law. Senator Roderick Wright authored a bill that went through many revisions.  It was passed by the Senate and Assembly, however, the bill suffered from one or two too many amendments.  In the end, the well meaning bill had internal inconsistencies and did not achieve all that it was set out to achieve.  Senator Wright made the good, but tough decision to withdraw the expungement bill— Senate Bill 530.

I am optimistic that a new bill will be introduced soon.

Below is a draft of a letter in support of the bill that I wrote, and never sent. 

Support California Expungement Law Reform

I am writing to offer my strong support for SB 530 and all efforts to reform California’s antiquated laws that pertain to criminal record retention, post-conviction relief and treatment of rehabilitated former-offenders.  Having spent the past seven years working with more than 5,000 former offenders in CA, I can say that SB 530 is an excellent first step.  It will provide many benefits to your constituents in Los Angeles.

            Expanding the eligibility for the Certificate of Rehabilitation to include both former offenders who no longer live in California and former offenders who were convicted in other states but now reside in California will help many people become more productive, and less likely to reoffend.  In the end, this change will not only improve lives for deserving people, but it will also save California money.

            The changes that SB 530 makes to the Labor Code will reduce senseless discrimination against people based on criminal records that have no relationship to job performance.    Despite existing regulations prohibiting them from doing so, background check companies and employers routinely discriminate against people who have had their conviction dismissed pursuant to 1203.4.  Frequently, the discrimination occurs when the offense committed has no relationship to the to the job they are applying for.  I routinely see qualified job applicants told that they are not being considered for jobs because of offenses such as driving under the influence, that have often occurred 10 or more years a ago, even when the job involves no driving duties or exposure to alcohol.  Codifying this regulation will reduce this irrational discrimination, and strengthen remedies for those who are victims of it.

Thank you for sponsoring SB 530.

Salt Lake City

California Expungement Law Blog

California Expungement Blog Kicks Off

This blog is dedicated to the thousands of people in California who completed their court sentence for a misdemeanor or felony and found out that their is a worse sentence that is not going away.    While it is not a perfect solution, California’s expungement law does provide some relief from the sentence that is almost always disproportionate to the crime.

It is also my hope that California will join the 17 states that have improved and expanded their expungement law within the past 3 years.  A list of states that includes states that are governed by Republicans, like Utah, Ohio, North Carolina, Pennsylvania, Oklahoma and Indiana.

California has a tremendous opportunity to be a leader in this important area of social justice.  California can show the nation that a good expungement law is not only justice, it is good social policy that reduces unemployment, helps break cycles of poverty and decreases crime.

California’s expungement law is ancient, dating back to before World War II.  Despite major changes in technology and the economy, California has made very few changes to this important area of law. 

 

Please Post Your Expungement Related Questions And Comments

I invite people to post comments and questions about expungement.  I have renowned expungement attorneys and experts ready to write articles and answer questions.  I also have a well of knowledge about where to find free resources that will help a person expunge their record.

Lastly, this blog will also include related topics, like how to find a job with a criminal record, how to recognize illegal job discrimination and other topics that will be helpful for someone who has a criminal record or a California expungement.