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Collateral Consequences

Can I Get Public Housing If I Have a Felony Conviction?

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You may often hear that a criminal is more likely to break the law than a non-criminal, or that someone recently released from jail is highly likely to wind up back in jail. One reason for this is that the odds are against them—the odds of housing, that is. Imagine you get out of jail and you’re eager to turn your life around, but are unable to find the public housing you need. It’s no wonder many turn back to a life of crime when they don’t even a safe place to rest their head at night.

On the bright side, public housing for felons is possible, depending on the felony offense. There are two types of felony convictions that automatically disqualify applicants from receiving Section 8 housing vouchers. These include any crime that requires lifelong registration as a sex offender, and manufacturing methamphetamine in federally funded housing.

Although it varies case-to-case, what does it take for a convicted felon to quality for Housing and Urban Development (HUD) programs? HUD uses specific guidelines to determine if someone with any type of felony conviction is eligible. These regulations require that a felony must be older than five years, and contain possible disqualifications for applicants convicted of certain violent crimes, certain kinds of fraud, or drug trafficking. There may also be a disqualification based on a documented and untreated history of drug or alcohol abuse. If there’s a history of poor relations with neighbors that includes verbal or physical assaults, this can also be a disqualifying factor. Someone with a history of defaulting on rent payments may also be disqualified from receiving HUD housing. Despite all this information, it’s important to remember that each jurisdiction sets its own rules regarding public housing for convicted felons. Certain areas ban individuals with drug-related crimes from receiving Section 8 vouchers, so it’s best to check with the HUD office near you to see what rules are in place.

The housing authority tends to exclude individuals it believes “will risk the health and safety of other tenants.” They may disregard criminal convictions for anyone who presents evidence they’ve changed since conviction. Don’t let a messy criminal record hold you back for the rest of your life. At Easy Expunctions, we specialize in record clearing and have multiple packages available. Before you apply for HUD housing, visit www.easyexpunctions.com to get a free background check so you know exactly what’s on your record. From there we can work with helping you expunge qualifying charges for an affordable price. The best way to obtain HUD housing is with a clean record, so it’s definitely worth it to take the first steps towards wiping your record clean.

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Background Checks

City of Oakland Votes to Bar Landlords From Conducting Background Checks

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Big news came out of Oakland recently as the city unearthed a way to give ex-cons a better chance at finding housing after their release. The Fair Chance Housing Ordinance, which the City Council passed unanimously Tuesday evening, will forbid landlords from denying a potential tenant because of a prior criminal conviction. Oakland moved to become the first city in the state to ban landlords from investigating the criminal history of renters applying for both public and private housing. Landlords will not be permitted to ask about an applicant’s criminal history or require the applicant to disclose it through a background check. This is a huge deal because it allows those who have been incarcerated the ability to reintegrate back into society, hold down a job, and provide for their families, instead of adding to Oakland’s growing homeless population.

Of course, the question of safety is brought up—but it’s important to understand that it doesn’t take a violent crime to be denied housing. You can be denied housing for multiple non-violent offenses. Currently, background checks are a standard part of applying for rental housing, and applicants with a criminal record are oftentimes denied. That can make it nearly impossible for those who have been incarcerated to find a place to live, especially in the Bay Area’s ruthless housing market. Some exemptions of the Fair Chance Housing Ordinance are single-family homes, duplexes, triplexes and in-law units if the owner is living on the property. There is also a partial exemption for owners of government-subsidized affordable housing, including Section 8 units, allowing them to continue to use criminal background checks to the extent needed to comply with federal law. Apart from the exemptions, landlords will still have access to potential tenants’ credit reports, references and employment information, all the things they truly need to see if they’d make a suitable tenant.

A criminal record can prevent those who have been incarcerated or charged with a crime from finding housing, which makes it that much more difficult to reintegrate back into society. The system is at war with those in the system and Oakland has made an amazing change to its policy. The Fair Chance Housing Ordinance will give ex-cons the housing opportunity they currently lack after incarceration and help reduce Oakland’s homeless population. Hopefully, it won’t be long until more cities follow behind Oakland. But for now, your criminal record will likely continue to hold you back in the housing department. At Easy Expunctions, we offer free background checks so that you know exactly what’s currently on your record. We also work directly with you to expunge qualifying charges so you can have a clean record and a better life. Visit www.easyexpunctions.com to explore our affordable packages that can help you ace all of your background checks.

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Background Checks

Illinois Law Reduces Restrictions on Opening Businesses for Those With Criminal Records

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Illinoisans with a criminal record now have more job opportunities, as House Bill 2760 took effect on January 1st. This new law reduces restrictions on applying for professional licenses. It’s essentially a very productive afterthought to a 2017 bill created for the Illinois Department of Financial and Professional Regulation to use when deciding if an applicant is fit for a job. The law declares that a criminal record should not prevent someone from acquiring a license.

While the department doesn’t exactly deny too many people—a recent study found fewer than 1 percent of eligible license applicants were denied because of past convictions—this law addresses public perception that would cause someone to not apply for fear of rejection.

An increase in people receiving professional licenses and opening new businesses are great indicators of economic prosperity in Illinois. This law will grant reformed convicts the opportunity to provide for loved ones, hire employees, pay taxes, and stimulate the local economy. Illinois is attempting to help put people to work and increase its tax base.

The IDFPR welcomes all applications but uses mitigating factors to choose who will be accepted. Some of these factors include the completion of a sentence, a progress report from a probation or parole officer, evidence of rehabilitation, and the lack of relation between the person’s conviction and duties of the job sought. If they do reject an applicant, rest assured that they must explain the reason for denial.

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Texas

Low-level Marijuana Possession No Longer Enforced in Austin

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People have been utilizing marijuana for medicinal purposes for years now, both legally and illegally. A drug charge on your record is never a good thing, especially when it’s for a small amount of pot. Austinites can carry their personal stash safely now that the Austin City Council voted Thursday to end the enforcement of low-level misdemeanor marijuana possession. The move effectively ends criminal action against individuals with small amounts of marijuana while also prohibiting Austin police from pursuing new testing methods to distinguish narcotic marijuana from legal hemp. Police still may issue citations and detain individuals for marijuana possession, as granted under state law. However, police can no longer issue any fines or order court dates for people suspected of low-level marijuana possession, which is fewer than 4 ounces of pot or amounts deemed to be for personal use.

Many have cited this move as an effort to reduce racial discrimination. Speakers in Thursday’s gathering told the council that ending enforcement of small amounts of marijuana was most definitely a racial issue. Data from Austin police revealed that of the 432 marijuana citations issued in 2019, 201 were issued to Hispanics and 163 to African Americans, making up 84% of all citations. Austin police will continue to enforce felony marijuana trafficking offenses as it would require action from the Legislature to completely decriminalize the drug. The only person to speak against the decision was Austin police union President Ken Casaday, who stated limiting police officers’ ability to enforce misdemeanor marijuana offenses would make the city less safe. The Austin City Council disagreed with Casaday as the vote was unanimous and they hope to bring the legalization of marijuana to the Legislature next year.

This is an excellent move for Austin because as minimal as a low-level misdemeanor marijuana possession is, it can be detrimental to your record when applying for jobs and housing. More cities are certain to follow behind Austin’s decision, but for now, a marijuana possession charge, no matter how small, can limit your opportunities. At Easy Expunctions we can help you wipe your record clean and even offer free background checks to get you started. Visit www.easyexpunctions.com to see what charges you have that qualify for expungement. We can work directly with you to clean your record and offer a variety of affordable packages.

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Collateral Consequences

New Bill Would Let Wrongly Arrested Illinoisans Clear Their Names for Free

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We often see and hear stories about wrongly accused individuals living their life in a prison cell meant for someone else. How does one go back to their life after being wrongly accused of a crime? Illinois is considering this question while trying to make things easier for the wrongly accused.

The state is introducing a bill that would end expungement and sealing fees statewide for individuals who have been wrongly arrested, charged, or convicted. The bill would prevent those who have already suffered injustice from astronomical legal fees and tarnished reputations to have their names cleared of false criminal histories at no cost. We know that people who aren’t wrongly accused have a hard time reintegrating back into society, finding housing, and getting a job—but very few people think about those who are carrying a false criminal history around with them.

Think about your favorite criminal justice show. We all seem to dismiss the first person arrested on CSI and then released when they catch the real killer, but what happens to the initially accused? They still end up with an arrest on their record. The Cook County Sheriff’s Office stated that roughly 17% of their prison population is released with no charges filed against them, or is found not guilty. These individuals still struggle because there’s an arrest on their record even though they weren’t convicted. The wrongfully accused deserve to have any misleading and inaccurate criminal histories obliterated from their records, and the current fees inhibit the wrongly accused from many opportunities.

The Illinois bill is a great step in the right direction to help the wrongly arrested, charged, or convicted. People shouldn’t have to pay to clear their names when detectives and judges have already done so. At Easy Expunctions, we work with you by providing a free record check to get you started, and have multiple record clearing packages for qualifying charges. We know a mistake from years ago shouldn’t follow you into a job interview or a housing application. Find out exactly what’s on your record for free at www.easyexpunctions.com.

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Background Checks

Nebraska Daycare Providers Struggling With New Background Check Laws

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If there’s one thing everyone agrees on, it’s that those put in charge of looking after children must be held to a higher standard and undergo thorough background checks. However, at what point do background checks start to do more harm than good? Nebraska is facing this issue now, as a new state law requiring child care employees to undergo an additional federal background check is beginning to create problems for daycare providers.

To clarify, the problem isn’t the background check—it’s the long waiting period that can take up to a month that is making potential employees reconsider the job. The new process has many noting the strict guidelines as redundant and counterproductive. The applicants must submit the background check application, pay a $45 fine to the Nebraska State Patrol, and get their fingerprints taken. On top of that, they must undergo the check once every five years once employed. This is more than enough to sway people towards a different job path with a less invasive hiring process.

Again, we do not argue that background checks for those in charge of children are important. But whether they are properly handled is the question at hand. Many potential employees can’t afford the fees, and can’t afford to wait a month to maybe get the job. Some daycares are paying the fee for their employees and potential employees for now, but budgetary problems are sure to arise. It is said that the new background checks allow the state to continue using federal funds to help strengthen Nebraska’s efforts to ensure the safety of children. Some daycares already do multiple background checks, so the federally mandated checks bring nothing new to the table—except a fee. Many daycare workers are more concerned about a potential criminal who has a clean record than missing something on a background check.

If you’re about to begin a job hunt but aren’t sure what lies on your record, check out Easy Expunctions. We can help wipe away an old misdemeanor charge from your record if the charge qualifies. Visit www.easyexpunctions.com for a free record check to get you started on your journey to a clean record!

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Second Chance Act

New Survey Suggests North Carolina Voters Support The Second Chance Act

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North Carolina is currently in the process of passing The Second Chance Act, a Senate bill that will make it much easier for reformed criminals to get nonviolent crimes off their records. As stated in a letter sent to the state House by a coalition of liberal and conservative organizations, “If this bill is passed, it will have a huge impact on the lives of hundreds of thousands of North Carolinians, especially people who are being denied a fair chance at employment, housing, and education based on dismissed charges and nonviolent misdemeanor convictions.”

Although the bill has not yet passed, people are clearly in favor of giving second chances. A new poll commissioned by the Raleigh-based Conservatives for Criminal Justice Reform gives us insight and tells us that registered voters:

• Favor 89% to 10%, a policy that automatically clears criminal records when a case is dismissed or the person is found not guilty.

• Favor 86% to 12%, the automatic removal of nonviolent misdemeanor convictions from a person’s record if the person has remained crime-free for at least seven years.

• Favor 81% to 18%, a policy that allows people to remove nonviolent misdemeanor convictions from their record if they have remained crime-free for at least five years.

The Second Chance Act is just that, a second chance. It would lessen North Carolina’s criminal record expunction statutes, providing more opportunity for people to clear their records of dismissed charges and low-level criminal convictions. Although North Carolina already permits people to expunge some charges and convictions from their records, the defendants have to petition the court and hire a lawyer for the best results. If the bill becomes law, some charges would be cleared from people’s criminal records automatically and more charges would be eligible to be cleared from their records. If you’re looking for your second chance, you might be able to find it at Easy Expunctions. We offer multiple affordable record clearing packages for qualifying charges. Don’t let legislation get in the way of a second chance you need—get started with a free background check at EasyExpunctions.com.

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Collateral Consequences

New Study Emphasizes Need for Criminal Justice Reform

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Your criminal record can follow you anywhere you go. A simple mistake can take a lot of time, money, and paperwork to get erased from your record. A shoplifting charge can stop you from finding a job, getting into a good school, or qualifying for an apartment. Many people have made mistakes and paid their debt to society and yet are still overshadowed by a negative stigma that can be hard to move past. There are currently five states that make it extra difficult to clear your record and get a fresh start, including New York, Louisiana, Iowa, Tennessee, and South Dakota.

New York is the most difficult state to obtain a clean record by requiring a 10-year waiting period after the completion of incarceration and payment of fines before applying. The fee is only $5-$10, but the 10-year waiting period makes it the most difficult because your life is essentially on hold for 10 years as you await a clean record. Coming in second is Louisiana—there’s a 5-year waiting period and a $550 fee to clear your record. Iowa is next in line for the most difficult state to obtain a clean record by requiring an 8-year waiting period and a $185 fee, although the 8-year period begins at the point of conviction, not after the applicant has been released and paid fines. Tennessee is number 4 on the difficulty list by having a 5-year wait time after all terms of sentencing have been satisfied and a $350 fee. The last of all states is South Dakota. South Dakota requires a 10-year wait but if after 10 years a person is convicted of no other crimes, their record will be automatically expunged, with no need to apply or pay a fee.

There are far too many hoops to jump through in the 5 states that we discussed. The fact of the matter is too many people have misdemeanors and are unable to eradicate them. A misdemeanor offense can put your life on hold and we need criminal justice reform now more than ever. At Easy Expunctions, we offer multiple record clearing packages that can help get your life back on track. Start with a free background check and see what criminal charges could be holding you back. Easy Expunctions is an affordable, record-clearing service that can save you time and money. See what you qualify for today and take the first step towards a better life.

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Expungement

New Mexico Expungement Legislation Went Into Effect on Jan. 1st

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Months after Governor Michelle Lujan Grisham signed House Bill 370 into law, The Criminal Record Expungement Act has officially taken effect. The new law permits residents who have been convicted of certain violations, misdemeanors, and felonies to petition for an order of expungement after completing their sentence and paying all fines.

For a long time, New Mexico lagged behind other states who have embraced the many benefits of expunctions, but residents are now able to take the first steps to escape the grasp of the criminal justice system.

The new laws exist to boost employment and reduce repeat offenses, which often happen as a result of a convicted person being unable to find lawful employment. Those who wish to have misdemeanors expunged must wait two years and have no subsequent convictions. Those with felonies must wait six years. The court will issue a ruling within 30 days of a hearing on the petition.

Of course, certain crimes will still be ineligible for expunction, like crimes against children, sex offenses, drunk driving, embezzlement, and offenses that cause great harm or death to another person. These stipulations should help to ease suspicions that expunctions put the general public at risk—courts generally only allow expunctions for nonviolent crimes. Moreover, all records will still appear in background checks for firearm purchases or for certain federal jobs.

Remember, the aim of expunctions is not to release dangerous criminals back into the public with no warning, but to help individuals become more productive members of society. Everybody makes mistakes, and now New Mexico is giving many the chance to overcome their past wrongdoings and try for a better life.

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Ban The Box

St. Louis Enacts Ban-The-Box Ordinance

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St. Louis has become the latest city to enact a ban-the-box ordinance in an effort to advocate for the rights of ex-offenders.

The ordinance prevents the city of St. Louis employers from asking about criminal history on job applications or posting job ads that exclude applicants with a criminal record in the first place. They can no longer ask about or investigate a potential employee’s criminal history until after someone has been interviewed. So while they can still eventually discover past criminal information, they can’t begin their employee search by automatically disqualifying applicants who have criminal records. It essentially delays the criminal background check—They have to ask for this information towards the end of the hiring process when they’ve taken into account other factors besides criminal history.

So, while St. Louis employers can ultimately base hiring decisions on criminal history information, they can only do so when they can prove their decision is “based on all information available including the frequency, recentness and severity of the criminal history and the history is reasonably related to or bears upon the duties and responsibilities of the job position.”

Ordinances like these are productive on an individual level, but can also slowly begin to shift society’s views and reduce the stigma around a criminal record. If employers truly get to know an applicant and focus on their skills first, more opportunities are given to people who truly need a second chance.

The ordinance does not apply to certain federal and state positions where prior laws would prevent someone with a criminal record from being hired. It will take effect on January 1st, 2021.

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