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Background Checks

Lawsuit Accuses Bank of America of Racial Bias After False Background Check Information

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In 2017, Delaware resident Willie Gilder applied for a job at Bank of America. He received an offer that was contingent on satisfactory completion of a background check. They submitted his fingerprints to the FBI’s Criminal Justice Information Services Division, which reported that he had a dismissed charge for dealing cocaine. It stated, “No disposition information is on file for this arrest custody.”

Bank of America sent two letters to Gilder. The first contained the criminal history report and stated that he “may be denied a position with Bank of America based on information obtained from the FBI and/or possible additional court research.” The second letter outright told Gilder that he was being denied employment based upon the conviction for dealing cocaine… even though the report from the FBI stated that the charge was dismissed. Gilder also later provided them with further proof that the charge was dismissed. And yet, Gilder says that Bank of America believed that he was convicted on that charge. 

So, where does race come into play? The background check disproportionately affects African Americans because the criminal justice system disproportionately affects African Americans. The way they conducted their background checks carried over disparities in the system. They ruled him out after getting whiff of a charge that he legally cannot be judged for. What’s more, employers should not use an arrest as a reason not to hire someone, as an arrest doesn’t prove someone committed a crime. People are falsely arrested all the time at no fault of their own. 

The complaint alleges that Bank of America “intentionally and wrongfully rescinded his employment offer.” The proposed lawsuit was filed for “violations of Title VII of the Civil Rights Act of 1964 as a result of discriminatory background check policy and practice,” and was filed on behalf of Gilder and other African Americans who had job offers pulled because of Bank of America’s screening policies. 

If you’re sick of running into rejection every time you find a job for which you know you’re qualified, it, unfortunately, may be due to a past run-in with the law. Easy Expunctions offers free background checks so that we can discover if you’re eligible to get an expunction or order of non-disclosure. Reach out to us today to get the ball rolling: (877) 751-4594.

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Background Checks

Uber and Lyft’s AI Background Check Engine Faces Growing Number of Lawsuits

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When you apply for a job with a big company, it’s not unusual to face a background check. Right now, jobs are scarce, which is causing many to turn to pandemic-proof jobs like delivery services or rideshares. If you’re planning on trying your luck with Uber/Uber Eats or Lyft, beware: The AI background check software they use is extremely flawed. 

If you’ve never heard of it before, Checkr is a San Francisco-based background-check company that has come under fire for making errors that cost people jobs. In fact, they have faced around 80 lawsuits under the Fair Credit Reporting Act since 2015. Plaintiffs have a wide range of accusations: They claim Checkr illegally reported old criminal activity, mistook them with other people, and misreported offenses. One man who was famously exonerated for a murder he didn’t commit was denied work with Uber because his background report had a murder conviction. After he was famously exonerated. 

Just take a look at their reviews on the Better Business Bureau website if you want to get an idea of how cutting costs while conducting background checks can go wrong. There are real workers just trying to get by who are having their accounts canceled over wrong information or information that is illegally obtained, and they are met with a timely cycle of complaints to Uber/Lyft and Checkr that lead to dead ends. 

This is just another example of how the criminal justice system is stacked against you. Once you’re in, it’s difficult to get out. And when there are errors, you will have to encounter a mountain of problems to fix the records and restore your reputation. 

At Easy Expunctions, we’ll do our part to get you on the path to a clean record. We understand the desire to pass a background check with ease and see real opportunity. If you have a charge or arrest that’s eligible for an expunction, there’s no reason not to scrub it from your record. We’ll review your case, determine what can be done, and do it for less than a lawyer would.

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Covid 19

COVID-19 Layoffs Disproportionately Affect Minorities

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Across the country, millions of Americans have lost their jobs because of the effect of COVID-19 on the economy. Small businesses are closing down altogether, food and service industry workers were on hold, retail and other non-essential employees were out of their jobs altogether or were furloughed without pay. The one-time stimulus was a small help, but it doesn’t stretch far enough. And many who were laid off don’t qualify for unemployment, rendering them without any source of income.

In total, more than 20 million jobs have been lost so far, and the unemployment rate is almost 15%. Among those suffering, certain demographics were hit much harder than others—namely women, African Americans, and Latinos. A report from the Department of Labor stated that while the unemployment rate for white people in April was 14.2%, for Latinos it was 18.9% and for African Americans it was 16.7%.

In a country where racism is engrained in the criminal justice system, it’s no surprise that those who have the least influence are the hardest hit. This is just a sad reminder that there are racial gaps in every corner of our country. These statistics aren’t just devastating on an individual level—they’re crippling low-income communities in which many families don’t have the savings to carry them safely through a threat of this magnitude.

If you’ve lost your job as a result of the Coronavirus, you’re likely having a hard time finding a new job. If you have a blemish on your criminal record, that’ll only make it harder. Get in touch with the friendly faces at Easy Expunctions to see if we can help get you a clean background check that’ll make you stand out on your next employee application.

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Covid 19

Jails and Prisons Are at Extremely High Risk Right Now

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Amid Coronavirus, many of us are able to stay safe by wearing protective gear, working from home, and limiting our time in public. Many businesses make it easier to stay home with delivery options, and offices are having their workers use video and telephone conferencing to conduct work. If you’ve visited a grocery or hardware store recently, you may have noticed that they only let a certain percentage of people into the store at once, and those waiting in line must remain 6 feet apart. These are just some of the measures that officials have enacted to keep the public safe. But for people in prison, there’s no escape from the risk of COVID-19.

There’s a reason the virus is so dangerous in prisons—they’re crowded. You can’t social distance when you share a cell with another prisoner. You certainly can’t social distance if you’re unlucky enough to be housed in an open dormitory. Moreover, many prisons are past 100% capacity. For that, we have the criminal justice system to blame. Once you get in, it’s hard to get out. And if you do, there’s a good chance you’ll go back. Like it or not, this is the way the system is designed: to disproportionately imprison minorities and keep them trapped in the vicious cycle of poverty and subsequent incarceration.

And it’s not just prisoners who are in harm’s way: Correctional officers and other jail staff have no choice but to remain in close proximity with the virus as it spreads through prison populations. Prisoners are sharing showers, toilets, dining halls, and common areas without proper equipment. Keep in mind that many prisons ban hand sanitizer because of its high alcohol content.

With every day that passes, there are new coronavirus cases among incarcerated people. Rikers Island has particularly high numbers of infected inmates. In a press conference, President Trump promised that he is “looking at” the possibility of releasing elderly federal prisoners who are at the highest risk, but there have yet to be any legitimate releases. This is why many advocates continue to call for mass release to prevent mass death from COVID-19, and for good reason. We have to ask ourselves: Is prison (especially amid this crisis) a disproportionate punishment for low-level, non-violent crimes? 

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Covid 19

FYI: Small Business Owners With Criminal Records May Not Qualify for Coronavirus Loans

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Just when you thought your past was behind you, it finds a way to sneak up on you during this worldwide pandemic crisis. People are losing their jobs, companies are running out of money, and local mom and pop shops are closing around the world. And now, the United States government has found a new way to discriminate against those with criminal records: Small business owners who have criminal records will not qualify for emergency coronavirus loans, something many business owners are counting on during these hard times.

New regulations for accessing emergency funds, issued by the Small Business Administration, directly prohibit small-business owners who have criminal records from accessing these extremely crucial loans. Punishing those employed by someone with a criminal record just isn’t right, as the emergency loan money is meant to help compensate for lost wages among other things that directly affect employees. Moreover, why is someone who is actively contributing to the economy with their own business not worthy of a loan because of a prior brush with the criminal justice system?

Keep in mind that many people actually start their own businesses because a prior conviction prevents them from being hired elsewhere. Now their employees are being punished for a mistake they may or may not have made. This is a blatant measure to keep the emergency fund money away from those with criminal convictions as if they are second class citizens. These people are creating jobs for others and helping the economy flourish; why should they be treated differently during the pandemic?

If you’re tired of running into roadblocks because of your criminal record, Easy Expunctions may be able to help you! Our affordable record clearing packages can get you closer to the success you want to obtain professionally. Our experts work directly with you in assessing qualifying charges available for expunctions and sealings. Don’t let an old mistake cost you any more business—Easy Expunctions is here to help.

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Expunctions

MLK’s 1960 Arrest Record Will Be Expunged

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As a leader of the American Civil Rights Movement, Martin Luther King Jr. was arrested more than 20 times. The majority of those arrests were misdemeanors related to protesting. One of these arrests was a trespassing charge for a 1960 sit-in that was protesting segregation in an Atlanta department store.

Sixty years later, Fulton County Solicitor General Keith Gammage has promised to clear MLK’s record in the county. The announcement to expunge King’s arrest record is a result of the need for criminal justice reform around the country, and specifically in Georgia. Solicitor General Keith Gammage has been working for criminal justice reform since his election in 2016—he is also responsible for clearing the records of more than 3,000 people who were arrested for nonviolent or low-level crimes.

There’s no denying the violence and discrimination that African Americans were subjected to during the Civil Rights Movement, so it is a major stride of justice for MLK and other civil rights workers’ arrests to be expunged. Gammage noted, “There is a gap between social justice-related protests and activism, and a true criminal offense.”

Though Martin Luther King Jr. isn’t here to experience the discrimination that comes with an arrest record, Gammage understands that many people live with it all their lives. A clean record can increase your chances of landing a coveted job, getting a good apartment or house, qualifying for loans, and so much more. If you have hindering charges that you’re afraid might hold you back, or are unaware of what’s exactly on your record, visit us at www.easyexpunctions.com. We offer a free background check to get you started and will work to identify your eligibility for an expunction or order of non-disclosure. 

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Criminal Justice Reform

Ben & Jerry’s Utilized 4/20 to Promote Marijuana Reform

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The popular ice cream company Ben & Jerry’s used another year’s April 20th to highlight the injustices of the criminal justice system in regards to marijuana. They used the holiday to join the ACLU in talking about justice and to formally announce that they are endorsing congressional legislation to deschedule cannabis.

They used slogans like “Legalization without justice is half baked” and presented statistics that demonstrated the racial gap in America’s marijuana incarcerations. For example, black people are 256% more likely than white people to be arrested for cannabis possession, even though they use at similar rates. They also shed light on the fact that 81% of cannabis executives are white.

Additionally, though marijuana arrests have dropped since 2010, they actually rose between 2015 and 2018. Though 33 states have legalized cannabis, with 11 of those states legalizing recreational use, hundreds of thousands of people are still arrested each year for the substance. America just can’t make up its mind. 

There’s no doubt that our criminal justice system has a long way to go to achieve actual justice. Hopefully large, well-loved brands like Ben & Jerry’s championing for reform will make actual strides toward that justice. But do we really want to live in a society that requires an ice cream company taking a stance in order to shed light on a legitimate issue that minorities face? We can only thank the execs for broadcasting the harsh reality that white people are making money off marijuana, while black people are facing punishment for it.

If you have a small marijuana charge or arrest on your record that’s getting in the way, contact Easy Expunctions. We can review your situation and determine if our record-clearing software can scrub the charge from your record.

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Expunctions

Six New Michigan Bills Could Widely Expand Expunction Eligibility

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Michigan has made some great strides towards removing employment barriers caused by criminal records this year—Senator Jeff Irwin recently introduced a bill that would automatically clear low-level marijuana misdemeanors. And now, a bundle of six bills would allow even more citizens to get a second chance on life.

A bipartisan group has proposed a number of changes that would expand the criteria for qualifying for an expunction. Current laws allow offenders to expunge up to one felony or two misdemeanors. Leaders argue that this simply isn’t enough. Under the six-bill package, the following changes would be implemented:

1.     Expand the number of people who qualify for expungement. This legislation would allow people with as many as three felony convictions to have them expunged if they’re all non-violent. If someone does have an assaultive crime on their record, they would be allowed to expunge up to two felonies and four misdemeanors.

2.     Automatically expunge convictions for certain offenders ten years after the justice system stops monitoring them. Again, this is only for non-assaultive or non-serious crimes.

3.     Allow expungement for marijuana convictions that are now permissible. Since marijuana is now legal in the state of Michigan, it makes sense to scrub records of those dated “crimes.”

4.     Allow forgiveness for multiple acts committed in a single 24-hour period. This would consolidate acts that are “similar in nature that were committed in the same act” into a single felony. Only for non-assaultive or non-serious crimes.

5.     Allow for expungement of certain traffic offenses. Not available for driving under the influence or offenses that caused death or serious injury to others

6.     Adopt shorter eligibility periods for misdemeanors. People could file to expunge more than one felony after seven years. A serious misdemeanor or felony could be removed after five years, and other misdemeanors could be expunged after three.

These reforms would affect thousands of Michiganders who have met barriers due to their criminal history. The changes are backed by representatives from both parties who know that citizens are more than just a mark on their records. If passed, ex-offenders could get a second chance to succeed without the burden of a criminal record.

If you’re eager to experience life with a clean background check, reach out to Easy Expunctions to see if you qualify for an expunction or non-disclosure. We can help you get back on your feet for less cost than that of a traditional lawyer!

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Criminal Records

Google Is Not Globally Obligated to Apply the Right to Be Forgotten

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The European Union’s Top Court has issued a ruling that relieves Google from applying the right to be forgotten beyond the EU’s borders. In other words, Google does not have the obligation to remove links from its search results, unless the request was made within Europe. 

The right to be forgotten grants Europeans the right to request the removal of links to pages that contain personal information about themselves. Since the right’s establishment in 2014, Google has received over 845,000 requests to remove a total of 3.3 million web addresses, with approximately 45% of the links being delisted. The General Data Protection Regulation (GDPR) added further obligations to this, giving an organization just one month to respond to individual requests made either verbally or in writing. 

Google stated that they’ve worked hard to implement the right to be forgotten in Europe with the hopes of establishing a balance between an individual’s rights of access to information and privacy. However, if there is a detection of a search being carried out within Europe’s borders, Google must remove the results from its European sites and restrict results from other sites, including Google.com. If an individual masked their location by using a Virtual Private Network, they could still get around this action.

In 2015, Google received an order from the CNIL to globally remove search result listings to pages containing false or damaging information about an individual. Google then introduced a geoblocking feature that prevented European users from being able to view delisted links, but the feature resisted censoring search results for people living beyond Europe’s borders. Following this geoblocking feature, the CNIL tried imposing a $109,901 fine on Google that the firm successfully avoided because, under EU law, Google has no obligation to carry out de-referencing requests made by a data subject on all versions of its search engine. 

A second ruling issued by the court stated that a link does not qualify for automatic removal just because it contains information regarding an individual’s sex life or criminal record. Such listings involving sensitive information should be kept where people’s freedom of information rights are to be preserved. The purpose of this ruling is to hide sensitive information that is “inadequate, irrelevant, or excessive.”

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Drug Offense

Why Should I Have a Drug Offense Expunged?

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If you have a drug charge on your record, you may feel like your opportunities are limited. Whether you’re applying for a job, housing, higher education, or seeking to qualify for loans or professional licenses, a drug charge can function like a moat that’s meant to keep you from your desired destination. It’s something that remains in the back of your mind, something you wish could go away with the snap of your fingers. Fortunately, you can see if you meet the eligibility requirements to get your drug offense expunged. Although the chance of successfully getting a drug charge expunged is based on the individual’s specific charge, sentence, elapsed time since the charge, and state laws, the benefits of expungement are always worth a shot. 

Over 80% of employers run background checks on potential employees, and most of them will reject a former drug offender without any consideration. Former drug offenders are not allowed to work with children, in medicine, or as public officers, and many industries will turn their back on a potential employee with anything at all on their criminal record. Luckily, having a drug offense expunged means you can legally tell an employer or interviewer that you have never been arrested, accused, or charged with a crime. Since employers are not allowed to ask about an expunged conviction, your drug charge can never be used against you once cleared from your record. An expungement also allows you to check off “no” regarding criminal record questions on housing applications. 

Not only will an expungement showcase your seriousness about living a healthy lifestyle, you will no longer endure the stigma associated with being convicted of a drug charge, and people will treat you like the trustworthy, reliable person that you are.  With greater housing, work, and educational opportunities, the most logical thing a former drug offender can do is get the charge expunged. 

If you’ve been considering an expunction but don’t know where to start, we can get you on track to a clean record. Reach out to Easy Expunctions today and we can discuss your options! 

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