Assembly Bill 2479, which would have allowed many felony offenses that did not result in a prison sentence to be reduced, is apparently dead in the California State Assembly. This news coming from a reliable source who has been lobbying for the bill.
AB 2479, which was sponsored by Assemblyman Steven Bradford, Democrat - Los Angeles, was a similar to a bill that was originally sponsored by State Senator Roderick Wright, which may explain the assembly versions demise. Senator Wright's bill was killed once it was learned that the Senator could personally benefit from the bill. Senator Wright, like three of his colleagues, is facing felony charges. So, passing a bill to reduce felonies to misdemeanors presents political problems. The Democratic Senate leadership said wrong time and wrong author. They called it "dead on arrival."
So, we turn to the lower house, the State Assembly.
Senator Bradford boldly rose to the challenge and authored AB 2479. The bill had support from the usual Democrat coalitions and may have found broader support. However, the prospect of the the bill passing the Assembly and going to the alleged felon filled Senate was probably too much of a game of hot potato for the Democrats, despite the support from their coalitions... especially in an election year.
So, hopefully, this much needed reform gets better treatment in 2015, after an election year and maybe with a few less elected officials facing felony charges. What a year.
News and useful information about California expungement law. Designed to help those with a California criminal record answer the questions, how do I expunge my record or why should I get an expungement. My passion is helping former offenders and at-risk you. While their stories are often untold, those who overcome a California criminal record often have amazing stories of courage and inspiration. I hope to share some of their stories.
Tuesday, June 3, 2014
Friday, March 14, 2014
Follow-Up On Expunged Records On Background Checks
My last post about the problem associated with expunged or sealed criminal records generated quite a few emails from people who have had the unfortunate experience of losing employment or housing opportunities because their expunged or sealed record showed up on a background check. Some of these stories were horrible to read, I cannot imagine the frustration and pain it caused for those who are trying desperately to find employment.
I checked with my friends at Higbee & Associates and they said they will represent people who believe they were subject to discrimination on the basis of an expunged or sealed criminal record that appeared on a background check. They will take the case on contingency, meaning the client only pays a portion of what is won in the law suit. The cases must meet the following criteria:
- The job or the employer must be in California
- The criminal record must have been expunged prior to the background check being conducted
- There must be proof that the expunged record appeared on a background check provided to the employer
Higbee & Associates (HigbeeAssociates.com), which also runs RecordGone.com, can be reached at 714-617-8300.
I also received several emails pointing me to a Florida expungement blog that addressed the issue of sealed and expunged records appearing on background checks. The article provided an excellent summary of the problem. While the blog is Florida specific, the problem that it addresses is definitely national.
This problem is something that the background check industry should work to solve before draconian legislation is introduced.
I checked with my friends at Higbee & Associates and they said they will represent people who believe they were subject to discrimination on the basis of an expunged or sealed criminal record that appeared on a background check. They will take the case on contingency, meaning the client only pays a portion of what is won in the law suit. The cases must meet the following criteria:
- The job or the employer must be in California
- The criminal record must have been expunged prior to the background check being conducted
- There must be proof that the expunged record appeared on a background check provided to the employer
Higbee & Associates (HigbeeAssociates.com), which also runs RecordGone.com, can be reached at 714-617-8300.
I also received several emails pointing me to a Florida expungement blog that addressed the issue of sealed and expunged records appearing on background checks. The article provided an excellent summary of the problem. While the blog is Florida specific, the problem that it addresses is definitely national.
This problem is something that the background check industry should work to solve before draconian legislation is introduced.
Saturday, February 8, 2014
How To Remove Expunged Or Sealed Criminal Records From Background Checks
When you have your criminal record sealed or expunged by the court,
the court will make sure that all the government entities that are in
possession of related criminal records also seal and expunge their copies. However, the courts do not have the resources
or any obligation to notify background check companies that your record has
been sealed or expunged.[1] This can present a big problem.
The overwhelming majority of employers and landlords use reports
prepared by background check companies.
There are hundreds of background check companies. Most of these companies purchase a list
(usually a giant data file) of all of the court records once or twice a year. Yes, the courts sell this data. The background check companies then compile
the data from every court into a massive database. So instead of having to go to each court in
the country every time some wants to run a background check on a person, which
would be time consuming and incredibly expensive, they simply search the
database that they have compiled.
Why Background
Check Companies Report Expunged & Sealed Criminal Records
This approach makes background checks very affordable and fast. However, it creates a big problem for people
who recently had their record expunged or sealed. Because the courts do not notify the
background check company about expunged or sealed records, the records remain
in a background check company’s database until the background check company
again purchases data from the court. As a result, your expunged or sealed
record may still be reported to employers, landlords anyone else who accesses
their reports.
While federal law[2]
mandates that the background check company let you know when they have provided
adverse information about you to someone so that you can dispute it if it is not
accurate, this so called safeguard substantially defeats the purpose of an
expungement or record sealing. It puts
you in the awkward position of having to explain that you had a criminal record
expunged or sealed. As attorney Mathew
Higbee puts it, “you are left trying to unring the alarm bell, which is
impossible to do.”
Many states have passed laws that have tried to solve this problem
by making the background check companies verify adverse data before they report
to an employer or landlord, but the reality is that most background check
companies do not follow these state laws.
It is cheaper to violate the state laws, which are rarely enforced, than
it is to comply with them. Furthermore,
background check companies have been very successful at challenging the
validity of the state laws.
How To Prevent
Employers from Seeing Expunged & Sealed Criminal Records
While there is no perfect solution to this problem, there are two
very good partial solutions. The first is
offered by the Law Firm of Higbee & Associate (RecordGone.com). They offer a service called Expedited Record
Clearance Update, which will have an expunged or sealed criminal record removed
from more than 600 background check providers in less than 14 days. The price
for this service is $350 for new clients and $199 for their existing clients.
The other alternative is a free service provided by the Foundation
for Continuing Justice (ContinuingJustice.org).
The non-profit law firm will like will have an expunged or sealed criminal
record removed from 500 background check providers in less than 90 days. While this service is slower and affects 100 less background check providers,the service is free.
[1]
Some courts, such as Minnesota, do not have authority to instruct all
government agencies to seal or expunge their records.
[2] Fair Credit Report Act - 15 USC § 1681 et seq
Labels:
backgound check,
criminal record,
expungement
Location:
Los Angeles, CA, USA
Friday, January 17, 2014
Seal a Drug Offense in California
Having a drug offense on your California criminal record can be damaging to your potential career and your reputation. Fortunately, you may be able to seal your drug charge if you successfully completed a drug diversion program pursuant of California Penal Code Section 851.9, and if your drug charge did not result in a conviction, even a dismissed conviction. Once your drug offense is sealed, you will be able to pass most background checks for employment and housing, and more importantly, can legally say that your drug offense did not occur.
Who Can Get a Drug Diversion Record Sealed?
The Drug diversion sealing is available to offenders in one of two circumstances:
1) Successful completion of the court ordered a drug diversion program pursuant to 1000.5 or a deferred entry of judgment program pursuant of 1000 or 1000.8.
2) Successful completion of the drug diversion program.
In either circumstance for drug diversion sealing, the judge ultimately determines if granting your petition for the sealing is in the interest of society. If the judge chooses to grant your drug diversion sealing, the court will send out an order stating that the arresting agency and court records for your drug charge are sealed so that no one can access the records of your sealed drug charge. As per PC 851.90, only the Department of Justice or court can disclose your sealed drug diversion records when determining eligibility for a later drug diversion or deferred entry of judgment program. There are also limited circumstances in which you must disclose your sealed drug offense, such as on an application to be an officer of the peace (PC 851.90(b)).
Increase the Chances of a Successful Drug Diversion Sealing
In California, the sealing process for a drug charge is complicated and time consuming. A successfully granted petition for a drug record sealing requires a great deal of preparation and multiple court appearances. For this reason, it is highly advisable that you seek the legal representation of an attorney who is licensed by the California State Bar and who is well versed sealing drug offenses in your area. An attorney will be familiar with the sealing process and can make sure that you are prepared for your case by completing all of the necessary court documents properly and promptly, and who can represent you in court. Investing in a record sealing attorney can be the difference between a successful petition and a failed one. If you cannot afford to hire a private attorney, seek the representation of your local public defender who can represent you for a low cost or for free.
According to Los-Angeles-Expungement.com Courts in Los Angeles do not charge a filing fee for this.
Tuesday, January 7, 2014
California Felony Reduction Law Change
In my last post I mentioned an exciting news about a potential new bill coming out of the California State Senate that may expand the ability of people to reduce felony offenses. Well, I have more details and good news.
I spoke with attorney Mathew Higbee and he said the bill has a sponsor and it is being finalized by the State Senate's legislative council. From there, it will go to committee, most like Public Safety.
The details of the bill include a new chapter to Penal Code section 17. It would allow straight felonies to be reduced if they are non-violent, so long as a prison sentence was not served. The petitioner must go five years without a conviction involving moral turpitude, not be facing any new charges and the offense must not be one that requires registration under Penal Code section 290. The petitioner must prove rehabilitation by clear and convincing evidence.
Very exciting news!
Higbee said that he is working on putting together coalitions to support the bill. If you are interested in supporting the passage of this bill, please contact Mathew Higbee at his law firm's Orange County office, 714-617-8300. Or via RecordGone.com 's Twitter or their web site RecordGone.com
I spoke with attorney Mathew Higbee and he said the bill has a sponsor and it is being finalized by the State Senate's legislative council. From there, it will go to committee, most like Public Safety.
The details of the bill include a new chapter to Penal Code section 17. It would allow straight felonies to be reduced if they are non-violent, so long as a prison sentence was not served. The petitioner must go five years without a conviction involving moral turpitude, not be facing any new charges and the offense must not be one that requires registration under Penal Code section 290. The petitioner must prove rehabilitation by clear and convincing evidence.
Very exciting news!
Higbee said that he is working on putting together coalitions to support the bill. If you are interested in supporting the passage of this bill, please contact Mathew Higbee at his law firm's Orange County office, 714-617-8300. Or via RecordGone.com 's Twitter or their web site RecordGone.com
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