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Criminal Justice Reform

Harvard Law Study Discovers Shocking Racial Disparities in MA Criminal Court Sentencing

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American citizens hope, and many believe, that the criminal justice system is fair, just, and equal. However, many have found that the system unfairly targets some and favors others.

The role of race in the criminal justice system, although often unseen by those unaffected, is proven to be substantially linked to the over-incarceration and overcharging of racial minorities compared to white individuals in the United States. This comes as a surprise to few and a reality to many.

A study conducted by Harvard Law found that Black and Latino individuals are at an objectively higher risk of being stopped and searched, are typically incarcerated at a disproportionate rate to their percentage of the total population, and are more likely to be overcharged than their white counterparts. The study’s results told a story many already knew: The criminal justice system in America has a glaring habit of being unjust to racial minorities.

The disparity among the lopsided incarceration rates between white, Black, and Latino people does more than harshly affect racial minorities, who face years of financial, emotional, and physical hardship as a result. Suffolk District Attorney Rachel Rollins suggests that unfair charging and incarceration causes decreased trust in the criminal justice system, which decreases overall safety in communities. 

Additionally, those with criminal records are less likely to be able to acquire stable, well-paid jobs, secure financial assets, and acquire certain goods and services. Those often targeted by police, including racial minorities, lower-income individuals, and those suffering with mental health disorders or substance abuse are vastly and disproportionately affected by the difficulties of having a criminal record.

Your record should not prevent you from becoming financially stable. If a past mistake is holding you back, Easy Expunctions can help. For more information about our record-clearing packages, visit our website at EasyExpunctions.com, or give us a call at (877) 890-5081.
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Legal Terminology

Useful Legal Terminology Related to Record Clearing

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Dissemination:

The disclosure of criminal record information to an individual, agency, or third party other than the criminal justice agency that already maintains access to the information. The dissemination, or the transmission or disclosure of criminal information, may be either written or oral.

Expungement:

A court-ordered process of legally erasing information regarding criminal charges in the eyes of the law. Although expungement, or the process of setting aside a criminal conviction, varies by state law, it typically seals criminal information from employers, apartment managers, and other citizens in a position of authority who typically run background checks when considering applications. Once a criminal arrest or conviction is expunged, the records containing the information cannot be accessed for general law enforcement or civil use.

Felony:

A felony is a crime serious enough to be punishable by death or a term in a state or federal prison. These types of crimes usually require the criminal to serve over a year in prison, whereas misdemeanors are punishable either by fines or confinement to a county or local jail. Felony crimes typically involve violence.

Misdemeanor:

A misdemeanor is a crime lesser than a felony, typically punishable by a fine, county jail time, or both. If you must serve jail time for a misdemeanor charge, you will only serve up to a year. These crimes are tried in the lowest local courts such as municipal, police, or justice courts. There are certain crimes that can be charged as either a misdemeanor or a felony depending on the circumstances. For example, drunk driving can be a misdemeanor charge if there is no injury to others, but if your DUI results in harm to others, you will likely be charged with a felony.

Vacate:

If a judge finds an order or judgment to be improper or no longer valid, he/she may vacate, or set aside the order. A judge may also vacate a person’s record if he/she feels that doing so would be in the best interest of society, even if the judgment was proper or valid. However, a motion to vacate a judgment must be based on a substantial issue. Rule 60(b) of the Federal Rules of Civil Procedure permits a federal court to relieve a party from an adverse judgment on various grounds including fraud, mistake, newly discovered evidence, and satisfaction of the judgment.

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Expunctions

Marijuana Opportunity Reinvestment and Expungement Act of 2019

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U.S. House of Reps Set to Vote

A landmark proposition has made its way to the House of Representatives recently, marking a monumental moment for those who support the decriminalization of marijuana. The “Marijuana Opportunity Reinvestment and Expungement Act of 2019”, or MORE Act, outlines legislation that would officially eradicate cannabis’s existence on the list of federally controlled substances. 

This piece of legislation would also expunge any federal marijuana convictions and arrests, and allocate resources for communities negatively affected by the war on drugs. The MORE Act goes about this by removing marijuana from the Schedule I substance list, among which are drugs such as heroin, LSD, ecstasy, and peyote. The removal of marijuana from this category would leave the states to regulate the handling of marijuana distribution and consumption. 

This bill brings with it a great deal of support from the public, with two-thirds of America’s population (mostly Democrat or left leaning individuals) supporting legalizing marijuana, according to Pew Research Center and Gallup polls conducted last year. Jerrold Nadler, chairman of the House Judiciary Committee and presenter of the bill, spoke out in support of the bill, saying “These steps are long overdue. For far too long, we have treated marijuana as a criminal justice problem instead of a matter of personal choice and public health.” 

Many Democratic lawmakers and activists have spoken about the bill’s relevance to the war on drugs’ racist past. The racism embedded within the incarceration of those in possession of marijuana has added a greater sense of urgency and added pressure to the passing of the bill. While many states (eleven in total) have already legalized cannabis for recreational use, marijuana decriminalization on the federal level has been a source of great controversy, with President Trump posing stern opposition. The House of Representatives is set to vote on the legislation in September, and if the bill is passed it will make its way to the Senate where it will be viewed by such radically opposing members such as democratic vice presidential nominee Kamala Harris and Majority Leader Mitch McConnell.

If passed, the bill would mean a great deal to those with criminal records for the possession of marijuana. If you or someone you know is suffering from the repercussions and stigma of a criminal record, visit Easy Expunctions to see if you’re eligible for a quick and inexpensive expunction.

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Uncategorized

Can I Vote If I Have a Criminal Record in Texas?

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It’s that time again—2020 is an election year, and we encourage everybody to get out there and exercise your right to vote! If you have a criminal record, you may wonder if you have the ability to cast your ballot; we’re here to break it down and help you determine if you’re free to vote. 

The Texas Secretary of State determines voter eligibility rights. The good news is that people with criminal records are allowed to vote in the Lone Star State. That bad news is that, unfortunately, this doesn’t always extend to those Texans who have felonies. It’s a sad fact that Texans with felonies are treated like second class citizens in this particular regard.

There are a few exceptions to this rule. Texas citizens who have received a felony conviction in the past can still register to vote under the following circumstances: If you have completed your sentence, terms of probation, parole, or confinement, you can register to vote. If you are under the circumstance of receiving a pardon, you can register to vote.  If a felony conviction is on appeal or obtained a deferred adjudication, you are still able to vote. However, if you have obtained a final conviction, you will not be able to vote. Remember that you also must re-register to vote after a past conviction. 

If you have a felony conviction and you’re sick of losing your rights because of your past mistakes, we might be able to help. If you are eligible, we can assist you in expunging your record—which would allow employers to look at you from a non-biased view, for you to express your civic duty to vote, and to pass a background check to find a home. We want to enable you with a second chance. Don’t let your voice go unheard—reach out to the experts at Easy Expunctions to discover if you’re eligible for an expunction today! 

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Credit Check

Improve Your Credit Score and Get Your Life Back on Track

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Don’t let your credit history prevent you from buying a home, getting a job, or taking out a loan. Unlock new possibilities for FREE with Brave Credit, a credit improvement company dedicated to helping you rebuild your credit score—all from your phone or computer. 

The rebuilding process is speedy and seamless. To begin, Brave Credit will review your credit report from all three bureaus. Once your credit is reviewed, the company will automatically show you any high-impact items that could be affecting your score every month. If any errors are spotted in your report, Brave Credit will take care of it immediately by sending a dispute letter to the credit bureaus. Once the errors are requested for removal, you can review and contest any issues by logging into the Brave Credit app. You can also rebuild your credit even further with banking products, coming soon to Brave Credit.

With good credit, the opportunities are endless. Stop waiting for a better life and start optimizing your credit score today at https://brave.credit.

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Expunctions

Florida Bill Proposed to Expunge Felony Records for Kids

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We’ve all been teenagers, so we know exactly how young and naive they can be. It’s easy to make bad decisions when you can’t fully understand the weight of the consequences. Regardless, young adults deserve the right to a clean record when a mistake was made at a young age. That’s why Florida Senator Keith Perry has introduced a bill that will expunge felony records for kids. Currently, the adolescents must complete a diversion program to have their records cleared, but right now it’s limited to juvenile expunction for misdemeanor offenses only. This bill would expand on that to permit juvenile diversion expunctions for any offense, including felony offenses.

Between 2018 and 2019 alone, roughly 5,000 kids were referred to juvenile diversion programs for felony offenses. If the Florida bill were to pass, it would allow those 5,000 youth to have their felony offense removed from their record and therefore able to live a better life. A young adult applying for a job with a felony on their record will get beat every time in the hiring process by someone with a clean record. Mistakes are just that—mistakes—and if a minor is willing to take responsibility for their wrongdoings by completing a diversion program, they deserve to have a clean record.

Although the Florida bill still has a few steps to go through before going into effect, it’s an excellent step in the right direction. Here at Easy Expunctions, we offer an affordable service to help people have their records cleared. A clean record comes with an empowered mind and the ability to go after the job you truly want. Don’t let your mistakes be the first thing a potential employer sees, get your record cleaned with Easy Expunctions today.

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Expunctions

Harvard to Conduct Massive Expunction Study in Both Kansas and Pennsylvania

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At Easy Expunctions, we know the effects that expunctions have on individuals and society as a whole. As more and more states adopt policies that make the expunction process easier, it’s important to have scientific data to support record-clearing and its positive effects. A new study from Harvard University’s Access to Justice Lab plans to do just that.

The study will work with Kansas Legal Services and Neighborhood Legal Services, Duquesne University, and the University of Pittsburgh School of Law to enroll roughly 1,350 participants across the two states. In Pennsylvania, they’ll be closely following the impact of the state’s new Clean Slate legislation, which launched in June. This legislation grants automatic record sealing to people whose criminal records include eligible offenses. The research team aims to work with participants who had their record removed from public view under this new policy. Participants in these studies who have their records cleared will be followed for years to determine the effects.

The study will have two groups—one that receives self-help materials, and one that will be represented through the expunction process by an attorney. This way, the researchers can measure success rates under each method, and then see how each group fares over the following years in terms of employment, housing, and reoffense.

They hope to ultimately learn the effect of record-clearing on recidivism, which is the tendency of a convicted criminal to reoffend. Up until now, there hasn’t been enough clear evidence to show these effects. There have been smaller studies that show expunctions are associated with low recidivism and high job rates, but by establishing further concrete evidence that expunctions help people, they’ll set the stage for more governments to allow more expunctions. They also hope to demonstrate the direct effects of expunctions across different states, which tend to have vastly different record-clearing procedures.

This is a huge step in the right direction—expunctions give citizens a second chance to live their lives to the fullest and embrace new opportunities. We hope the information will reveal the many pros that come with a clean criminal record.

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Juvenile Record

Are Juvenile Records Automatically Sealed in Texas?

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The last thing you want is someone poking around in your past and judging you for the mistakes you made when you were a kid or a teenager. Unfortunately, juvenile records can be accessed by everyone from law enforcement to educational institutions. While laws vary from state to state, juvenile records are not automatically sealed once you turn 18 in Texas.

However, some juvenile offenses can be sealed fairly easily.

In cases where no finding of delinquent conduct was found on you, there’s no waiting period to have it sealed. This means you can petition the courts to have it hidden right away. If you have a misdemeanor adjudication and they found you guilty of delinquent conduct, you have to wait two years after you’ve finished your deferral. If you’ve waited that long and have no subsequent run-ins with the law, you’re free to apply to have it sealed. Juvenile felonies are a bit harder to seal; you have to wait until you’re 21. If you have no subsequent convictions or felonies and the case wasn’t transferred to criminal court, you’re free to file. If you received a determinate sentence or you were charged with an aggravated felony or sex offense, the records can’t be sealed.

Sealing your record comes with many advantages that will benefit you in your adult life. In Texas, as soon as your record has been sealed, you can legally deny the arrest or charge and treat it as if it never happened. You’re allotted the same opportunities as someone who has never been arrested, which is especially important for young adults who have a lifetime of job, educational, and licensing applications ahead of them. Additionally, law enforcement officials must act as though your record doesn’t exist when questioned about you. Juvenile records that have been sealed can only be opened with the permission of the courts for few purposes: to receive a license to carry a concealed weapon, inspect your own records, or if you are tried on another felony.

If the courts order to seal a juvenile offense, the records are then ready to be expunged. You are eligible to expunge these records if you’re older than 17—as long as you haven’t picked up an additional conviction since then.

For more information on sealing or expunging your record, call Easy Expunctions at 1-866-899-0266.

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Uncategorized

Another Reason for Legalization

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Study Finds Legal States Have Fewer Vape-Related Lung Injuries 

It’s no surprise that vape-related lung injuries have become more common since the rise of e-cigarettes. However, studies show that legal marijuana states are seeing fewer vape-related lung injuries than states where marijuana is banned. How are vape injuries related to the legalization of marijuana? Since marijuana charges can result in heavy fines, and in some cases even jail time, many cannabis users have made the switch to THC liquids. These smokeless e-liquids are far less pungent, which ultimately decreases the chance of getting caught. Although THC e-liquids may seem like a safety net for cannabis users, the risk of contamination is much higher in illegal states. 

When regulated, THC liquids pose little to no threat. When obtained illegally, these counterfeit vape pens can contain harmful substances like vitamin E and butane. These black-market ingredients are sending an increasing amount of people to hospitals. If all states legalized marijuana, there would be better regulations of all THC products, including e-liquids. Not only would this reduce the danger of contamination in marijuana products, it would put less Americans at risk of unnecessary, and quite frankly, unjust incarceration. With that being said, marijuana legalization would help end the drug war that notoriously targets minorities and keeps many in a vicious cycle of unemployment, poverty, and homelessness.

We understand that marijuana charges are outdated and unfair. If you have a marijuana charge that’s getting in the way of you finding a job or a home, Easy Expunctions can help! Visit easyexpunctions.com or give us a call at (877) 884-2481 for more information. 

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Clean Slate

PA Governor Takes 2018 Clean Slate Bill One Step Further by Considering Marijuana Legalization

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Pennsylvania’s 2018 Clean Slate Bill allowed for certain low-level offenses to be sealed from the public. And now after a recent discussion of the potential benefits of marijuana legalization, Pennsylvania Governor Tom Wolfe seems to want to take this measure a step further. 

Like every other state, PA’s economy has suffered major blows as a result of Covid-19. Legal or not, marjuana is a guaranteed thriving market. PA’s marijuana market rakes in millions of dollars every year, but since marijuana is not yet legal in the state, the PA economy cannot benefit from the market’s success. By legalizing adult-use marijuana, the state’s economy would be able to benefit from the millions of dollars that are otherwise held by the black market. In addition, marijuana legalization would also allow a greater amount of deserving citizens to better contribute to the economy. 

If those with marijuana-related charges were able to seal their criminal records, a greater amount of jobs would be available. By decreasing the chance of employer rejection based on marijuana offenses, more people would be able to work, ultimately allowing them to positively contribute to the economy. There would also be an increase in jobs created in the marijuana industry if it were legalized. 

Aside from the economic benefits, marijuana legalization is long overdue for many reasons. It is a proven fact that minority communities are disproportionately affected by cannabis criminalization laws. Not only do these outdated laws target minorities at an alarming rate, it is increasingly difficult for them to find jobs and alternative housing in the notorious shelter system with a criminal record. This increase in job and housing opportunities would help decrease the rate of poverty and homelessnes in the state. By refusing to legalize adult-use marijuana, we are forcing many deserving citizens to face a lifetime of hardships years after completing their sentence. Though long overdue, the 2018 Clean Slate Bill was an effective step towards reversing injustices resulting from marijuana criminalization. 

We understand that marijuana charges are senseless, and most of all, unfair. If you have a marijuana charge that’s getting in the way of finding a job or a home, Easy Expunctions is here to help. Visit easyexpunctions.com or give us a call at (877) 798-9486 to see if we can help you clear your record. 

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