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Expungement

Vermont Might Add Expungement Laws to Marijuana Legalization Package

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It’s safe to say Vermont’s proposed S.54 expansion package has sparked the interest of many citizens affected by the criminalization of marijuana. This is because the expunction of marijuana crimes has been added to the bill. The bill, which has divided the House and State on support, is an attempt to move forward on Vermont’s legalization and decriminalization of marijuana.

It previously included a 20% tax for the sale of marijuana, opportunity for retail sales, dispensaries, and saliva testing for suspected impaired drivers. The expansion of the bill would now allow for the automatic expungement of the criminal records of those convicted of possessing less than two ounces of marijuana. While marijuana has been legal in Vermont since 2018, the actual sale of cannabis is still prohibited, and the current requirement for automatic expungement is the possession of one ounce or less of the drug when convicted.

While this bill is widely supported by marijuana users, it has received many harsh criticisms as well. Some believe the bill does not take into account the racial injustice that is factored into the marijuana marketplace, and they call for more stipulations to protect the Black community from discrimination in the market. These concerns are supported by mountains of evidence that point to racial inequalities in the treatment of those with marijuana possessions since the War on Drugs commenced: The ACLU reports have found that Black people in the possession of marijuana are approximately six times more likely to be arrested than white people in possession. Though the creators of the bill have added a Cannabis Control Board, a board that would prioritize granting licenses to minority-owned and female-owned cannabis businesses, many critics believe this is not enough and more stipulations must be introduced.

Other critics believe that the many hoops one must jump through to receive an expunction for marijuana-related charges must be addressed in order for the bill to be effective and do as much good as possible. While the House and State remain quite torn on the passing of the S.54 bill, there is one ray of hope. This has brought attention to the need for expunction legislation, which will hopefully remain a part of the conversation regardless of the bill’s passing.

If you’re struggling to move on from your marijuana charge or arrest, give Easy Expunctions a call. You might be eligible to have your record cleared once and for all.

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Convictions

New York Senate Allows for More Low-Level Marijuana Conviction Expunctions

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As of July 2020, the New York Senate has passed a bill that expands the possibility of expunctions for low-level marijuana misdemeanors to many more individuals. This piece of state legislation, signed by New York Gov. Andrew Cuomo, fixes the language used in the past applying to this issue, which barred individuals who were convicted on marijuana charges before 1977 from receiving an automatic expunction.

This past legislation operated on the stature that state laws were much stricter on marijuana charges in 1977 and before, therefore making a marijuana conviction a harsher offense. The law was straightened out in this new senate legislation by simply changing the legislation’s wording from marijuana “violation or violations” to marijuana “misdemeanor and/or violation.” This allows cases before 1977 to receive the same weight and consideration for expunction as those cases that occurred after 1977.

This change in legislation is one of a few smaller changes in favor of marijuana users that has swept the New York Senate in the past few days. The legislation came only one day after another piece of legislation was passed that abolished the possibility of tenants being evicted for the legal use of medical marijuana. Similar propositions have been pushed by lawmakers to less avail, such as a proposition to ban the use of pre-employment drug testing.

Minor reforms such as these have been made in an effort to accommodate the long standing stalemate within the state of New York on the issue of whether or not marijuana should be legalized. Many state politicians and lawmakers have voiced their opinions on the subject, including calling for the decriminalization of marijuana into requests for police reform in New York. However, it seems that until the Senate can reach a consensus on the legalization of marijuana, strides forward will most likely come in the form of modest reforms to marijuana legislation. In the meantime, this piece of legislation intends to distribute a great deal of automatic expunctions that will no doubt begin the rehabilitation process for many New York inhabitants.

If you’re burdened with the effects of past criminal charges, please visit us at Easy Expunctions to see whether or not you are eligible for a quick and Easy Expunction. We may be able to help you get your life back on track.

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Criminal Records

AZ’s Marijuana Legalization Ballot Initiative Makes Past Marijuana-Related Crimes Eligible for Expunction

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As of July 2020, the highly-supported ballot initiative to legalize the recreational use of marijuana known as the Smart and Safe Arizona Act has been approved by the Secretary of State to be listed on the general election ballot this coming November. Simply put, citizens of Arizona will be able to vote for their right to responsibly partake in recreational marijuana.

The initiative became a part of the primary ballot after a petition created by the Smart and Safe Arizona Act reached 100% of the minimum signature requirement, receiving approximately 255,080 valid signatures. The initiative is set to be listed as Proposition 207, and includes many details ensuring that the use of marijuana is safe. Some of these details include limitations on home cultivation of marijuana plants, age limitations on the consumption of marijuana, and regulations regarding the obtainment of a recreational marijuana license.

One of the details expressed is regarding those already convicted on marijuana-related charges in Arizona. The initiative would allow anyone convicted of certain marijuana-related crimes to petition for the expungement of their criminal record. As of July 12, 2021, those convicted previously of possessing less than an ounce of marijuana, six or fewer plants, or any paraphernalia would be allowed to petition to have that record expunged. This expungement opportunity adds a factor to Proposition 207 that makes it helpful and possibly even life-changing not only for those who wish to use marijuana recreationally, but also to those who have experienced great hardships and setbacks due to their criminal record from marijuana-related charges. If you experience setbacks or hardships in life due to your criminal record, visit us at EasyExpunctions.com to see if we can help you get your life back on track. 

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Background Checks

COVID-19 Has Caused Many Rideshare Suspensions Due to Delayed Background Checks

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In the midst of confusion and frustration in regards to job security, the coronavirus crisis has forced the closure of more than 800 courthouses across the country. These closures have impacted the lives of rideshare drivers, such as drivers for Lyft and Uber, and have prevented many from earning a living wage through ridesharing.

This is due to the fact that Lyft and Uber make use of routine background checks, both during the sign up process and periodically throughout employment. The closure of courthouses has prevented these background checks from occurring in a timely manner, causing Lyft and Uber to suspend their drivers with little to no warning until their background check is complete. While a few months of suspension from ridesharing may sound like nothing more than a minor inconvenience, it has proven to be a major source of fear and anxiety for those who rely on ridesharing as a prime source of income.

Lauren Casey of Gig Workers Rising, an advocacy group fighting for employment benefits for gig workers, said of companies such as Lyft and Uber, “For months these companies have made it difficult for drivers to access unemployment insurance, and now at a time when many are left with no choice but to get back on the road, this roadblock is another kick in the teeth for frontline workers.” 

What makes this development more frustrating is the fact that many of these workers are simply waiting for yearly renewals of their records, and do not have any past convictions at all, meaning that regardless of criminal record, every rideshare worker is struggling to earn a living wage and collect unemployment benefits. 

If you, or anyone you know, struggles with earning a living due to past convictions, contact the experts at Easy Expunctions. We’ll get you started with a free background check to determine your eligibility, explain your options, and get you on the way to a clean slate. 

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Criminal Records

Business Owner’s Criminal Record Barred Him From PPP Loans, So He Fought to Have the Rules Changed

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Today, we’re celebrating another win for business owners battling the stigma of past convictions as of June 2020. This win comes in the form of the SBA’s agreement to change the regulations surrounding the application for loans to no longer discriminate against those with past convictions. 

This change in law is due to the bravery and strength of Troy Parker, a Cincinnati, Ohio native with past convictions. Parker was released from jail in 2015, and immediately began the process of starting a new business aimed at helping those like him. Parker created Innovative Labor and Cleaning Service in an effort to employ those in lower-income communities who suffer from mental health issues, past convictions, or addictions, who are still capable of being a part of the workforce. 

In the few years that Parker has owned this business he has seen tremendous growth in the business itself and the amount of people it has positively affected. However, the COVID-19 pandemic’s arrival in March of 2020 took Parker (as well as the rest of the world) by surprise. As the financial and economic effects of the pandemic hit Parker, he began applying for PPP and EIDL loans offered for small businesses. Parker was met with rejection almost immediately per the SBA’s PPP rules which disqualified anyone convicted of a felony in the last five years from receiving financial help. 

Parker did not take this news lightly. He immediately began reaching out to other business owners with criminal records and became connected to Ohio Senator Rob Portman, who agreed to write a letter to President Trump’s staff and the SBA calling for an end to these regulations. As Parker’s case gained notoriety, his inquiry gained traction, and soon other bipartisan advocacy groups and politicians began voicing their opposition to the SBA’s discrimination against small business owners with criminal records. 

Fortunately, this pushback became successful, and a week before the June 30th PPP deadline, the SBA finally agreed to amend the rules. They abolished the disqualification of loan eligibility for those on parole and probation. While there are still a number of roadblocks and hoops to successfully obtaining a loan, this is a large step towards allowing people with past convictions to enter the workforce without the stigma of their past actions. 

Parker’s endurance and perseverance in the face of the challenges he experienced due to his past convictions has allowed many other small business owners with past convictions to live out their aspirations. Parker has been included in the list of 137 inspirational entrepreneurs in Entrepreneur’s July/August cover for his work. 

If you suffer from obstacles due to a past conviction, give Easy Expunctions a call or visit our website to see how you can get your life back on track.

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Expunctions

Does an Expunction Mean I’m Innocent?

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Receiving an expunction for an arrest or minor conviction is a life changing event, allowing you to live as if the incident never happened. You may be wondering if an expunction essentially deems you innocent of a crime. While the basic intent is similar, an expunction serves a different purpose.

Expunctions do not deem an individual innocent of a charge or conviction—especially if you’ve already been convicted. Rather than declaring you innocent of wrongdoings, expunctions are meant to alleviate the negative consequences that an arrest and/or conviction has on a person. If you’ve completed all the terms of your sentence and have stayed out of trouble, it is in everyone’s interest for the record to not hold you back in your future endeavors. Think of it as the criminal justice system forgiving you and wiping your slate clean so that you can move forward.

In many states, there is such a thing as a Certificate of Actual Innocence, which is the most concrete form of an expunction. This type of document declares your innocence on a matter and essentially states that your record never should have existed. Often you can seek a Certificate of Actual Innocence if the charges have been dropped or you’ve been to trial and found not guilty.

This doesn’t mean that if you receive an expunction, you’re forever guilty of the crime. In fact, it’s quite the opposite—in most jurisdictions an expunction seals arrest and conviction records so you don’t have to disclose the information to someone like a landlord or an employer. You can even legally say “no” when asked if you’ve ever been convicted of a criminal offense.

Your criminal record will undoubtedly create difficulties as you try to advance in life. The silver lining is that most states allow for people to expunge certain arrests and records. If eligible, an expunction can benefit you in many facets of life. Get in touch with Easy Expunctions to see if we can help clear an arrest, charge, or conviction from your record. 

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Uncategorized

Back To Basics: Expunction 101

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As with any clerical process, petitioning for an expunction can be complicated. It’s easy to tell yourself that the whole ordeal sounds too complex for you, but it’s ultimately worth it because of the lasting consequences of a criminal charge. Learning about the procedure can give you a better overall understanding of the situation. Here’s a crash course.

  1. What is an expunction?

An expunction, also called expungement, is an order to remove all arrest records. With an expunction, agencies are notified and forced to destroy any and all records relating to an arrest. It is wiped from the system and won’t show up on any future background checks.

  1. What is the legal effect of an expunction?

After an expunction, the arrest or conviction doesn’t have to be disclosed. You can omit the arrest from applications and even deny it under oath. The records are unavailable through state or federal repositories, so you can live as if the arrest never happened.

  1. What is the difference between an expungement and an order of non-disclosure?

An order of non-disclosure causes your record to be unavailable to the public but doesn’t actually destroy the records. This means that, unlike an expunction, police, governmental agencies, and some licensing agencies still have access to the records. So an expunction hides your record from everyone, while a non-disclosure just hides it from the public.

  1. How long do I have to wait before seeking an expunction or non-disclosure?

How long you have to wait before filing for an expunction or non-disclosure depends on the classification of the crime. For a Class C misdemeanor offense, you have to wait 180 days from your arrest. For Class B and A, you have to wait three years.

  1. Why should I consider an expunction?

Why wouldn’t you? Removing an arrest or conviction from your criminal record will do wonders for your life. It will be easier for you to find a good job or home. Your finances will improve, you’re more likely to be approved for a loan, and you can even have your gun rights restored. Most importantly, it’s an important step towards escaping your criminal past.

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Record Clearing Laws

Iowa Supreme Court Rules Debts From All Crimes Not Linked While Record Clearing

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A woman in Iowa had debt associated with an unauthorized credit card use case. She paid the debt off, then tried to have the charge removed from her record. The courts denied this request, however, saying she had to pay off the debts from other cases before they could expunge anything. 

The Iowa Supreme Court ruled that this goes against the purpose of expunction and that people should be able to clear their records when they’ve met the requirements. The ruling states:

“Nowhere does the statute indicate the relevant consideration for expungement is the defendant’s total court-ordered financial obligations to the particular county in which the application was filed. The statute does not even use the word ‘county.’ In our view, the State’s interpretation is actually contrary to the purpose of the statute.”

The ruling also notes that potential employers could draw “inappropriate inferences from the mere presence of a criminal file.” Iowa’s Supreme Court ultimately granted the woman’s petition to vacate the district court’s order denying her an expunction. 

Hats off to Iowa for this great decision. Expunctions are allowed for a reason, and we shouldn’t make it more difficult for hard-working citizens to try to obtain them. If someone is motivated to make good decisions and improve their circumstances, why should they be forced to carry the burden of old criminal records? 

If you think we can help you clear something off your record, we’d love to take a look at your case and see what we can do. Give us a call at 1 (877) 599-6483 to get started! 

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Collateral Consequences

Looking for an Apartment? Here Are Some Stats on the Average Landlord’s Screening Process

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If you have a criminal record, you’re probably aware that landlords are well able to dig up dirt on you. You will likely encounter difficulties finding a top-tier home, because of how easily accessible court records are to anyone who’s willing to take the time to look. What you might not know is the extent to which landlords factor this information when making decisions. 

According to a 2017 TransUnion survey which included 669 landlords across the US, 90% of the landlords say they run credit checks and criminal background checks on applicants. Additionally, 85% said they run eviction reports on applicants. The survey found that these are the top five factors landlords consider in tenant screening: 

  1. Income/Employment History
  2. Eviction History
  3. Criminal Background
  4. Credit History
  5. References

It may seem ludicrous that criminal background information is more important to them then references from actual human beings who personally know you. But in this survey, out of the seven biggest concerns involving renters, the highest concern was labeled simply as “troublesome tenants.” When asked how many properties they manage, the highest percentage of landlords stated they manage more than 10 properties, so many simply don’t have the time or the ability to get to know who you truly are as a person. They’ll judge you on impersonal court records because it’s the safest course for them to protect their assets. 

96% of these landlords agreed that tenant screening is beneficial in order to find the types of tenants they want living in their homes. 82% expect their use of technology services to screen tenants will increase as they continue working. In short: If you have a criminal record, it’s likely that the landlord of your dream house or apartment will find it. It’s also likely they’ll offer the lease to someone who doesn’t have any criminal history. 

Don’t let an old or bogus charge stop you from putting a roof over your head. Get in touch with Easy Expunctions to see if there’s something we can scrub from your record—we’ll get you started with a background check and work to identify qualifying charges that you can kiss goodbye.

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Criminal Records

MyLife Sued for Luring Customers Into Paying to See Their Own Information

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Another background check company has come under fire, this time for baiting customers into purchasing packages by using false or misleading information.

MyLife is a website that operates by pulling together criminal records and public information on you, then compiling it and generating a “reputation score.” It makes this information available to everyone and promises to offer you “contact info & detailed background reports on anyone”… for a price, of course. It basically baits you into paying for a monthly membership, and while it has information on people you know, it mostly entraps customers by claiming it has personal information on them. 

For Brion Finlay of Minnesota, MyLife’s web page said that “Brion DOES have Arrest or Criminal Records,” and “This may include DUIs, traffic tickets, and outstanding warrants.” Imagine a targeted link that claims to have information about you that you didn’t know about. Of course, you’re going to be tempted to click it, and fork over some cash to make sure it isn’t something serious. The monthly plan MyLife would charge you to see this information costs around $15. 

Finlay filed a class-action lawsuit that claims, “MyLife’s true business appears to be a classic cyber extortion scheme whereby the company posts negative information online in the hope that individuals will ‘claim’ the page… by enrolling in a monthly plan.” His lawyer clarified that he doesn’t have anything on his record other than minor traffic tickets, but MyLife wrongly suggested there was something worse. And as long as it suggested this, it could be harder for Finlay to get a job. 

MyLife currently has 13,777 (and counting) customer complaints via the Better Business Bureau, along with a D rating. They have been sued for inaccurate information and luring people into paying for information. In short, they profit off causing people stress. 

We want to do the opposite. We believe that everyone deserves a second chance, and that a criminal record should not hold you back or determine how successful you can become. If you’re tired of having your criminal record pop up on odd corners of the internet, give us a call. An expunction could rid all records and let you live without the burden of your past.

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