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