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Ban The Box

The Fair Chance Act Is on Its Way to the President

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The Ban the Box bill, also known as the Fair Chance Act, is a rapidly growing nationwide movement that would greatly improve job opportunities for individuals with a criminal record. The bill would remove any inquiry into an applicant’s criminal history on initial job applications, giving ex-offenders a better chance to find employment. The passing of this law would prevent the federal government and federal contractors from requesting criminal history information until they reach the conditional offer stage, which would give ex-offenders a chance to demonstrate their skills and qualifications before being written off completely.

The National Employment Law Project (NELP) reported that 35 states and over 150 cities and counties have adopted Ban the Box laws as of December 2019. On December 11, the Fair Chance Act passed in the House of Representatives and was sent to the Senate for consideration. The bill was passed by the Senate on December 17, and it’s now making its way to the President’s desk. If President Trump signs the bill, thousands of qualified individuals will have greater opportunities to contribute to their community, the economy, and life beyond prison walls.

A criminal record is a significant barrier to employment, reducing the chance of a callback by nearly 50% for men overall, and 60% for black men. The Fair Chance Act will require the Bureau of Justice Statistics to coordinate with the U.S. Census Bureau and issue a report on the employment statistics for formerly incarcerated individuals, which would help ensure the improvement of job opportunities for ex-offenders. The Ban the Box bill encourages employers to look beyond a criminal past when assessing an individual’s qualifications, but more importantly, it allows people to be defined by their character, not their conviction.

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Expungement

Wisconsin Government Proposes Expungement of Low-Level Marijuana Crimes

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Arrests for marijuana are the number one drug offense in Wisconsin, affecting nearly 20,000 people in 2018 alone. In the past, minor possession crimes were often charged as felonies in Wisconsin. The Wisconsin Policy Forum’s 2018 report outlines possible changes to expand access to Wisconsin’s expungement laws, especially those dealing with marijuana convictions. Passage of this legislation would make it easier to shield past marijuana convictions from public view, and it would likely speed up the lengthy process. More importantly, the legislation could potentially relieve Wisconsin residents of unreasonable and unfair felony convictions.

Wisconsin Representatives introduced Assembly Bill 33 in February, with the goal of clarifying and broadening Wisconsin’s expungement laws. Expungement opportunities have been notably limited and difficult to achieve in Wisconsin’s past. Final passage of the bill would make over 80,000 cases eligible for expungement and could potentially allow greater job, housing, and educational opportunities for those who have already completed their sentences. Expunged cases in Wisconsin would still be viewable on the Online Record Check System, as Rep. Evan Goyke believes that an individual should not be allowed to permanently hide their record. Despite his opposition to record-sealing, Goyke argues the value of transparency should be balanced against the value of opportunity, and he concluded that “the balance is weighing in favor of expunging records for individuals to get a better life.” Instead of calling for automatic expungement, Assembly Bill 33 proposes a court process of shielding past convictions from the public eye. Rep. Goyke even stated that automatic expungement for victimless crimes such as marijuana possession might be appropriate. With the passage of legislation and protective expungement laws, Wisconsin residents convicted of marijuana crimes will start to see a better future on the horizon. Although AB 33 has room for improvement, many deserving citizens have been granted a sliver of hope, and this starting point could make all the difference. 

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Employment

What Are Employers Looking for When Conducting Background Checks?

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Background checks are an inevitable part of modern-day life, and depending on hiring standards, they can make or break your chances of employment. Hiring standards vary by employer and may be regulated by state or federal law. A background check simply screens an individual to test whether or not an applicant meets the hiring standards set by a particular employer. However, there are some general red flags that typically influence an application status at most levels of employment.

Approximately 96% of businesses perform background checks on candidates, and a vast majority of those employers use criminal record searches. Although background checks include current pending charges, misdemeanor convictions, felony convictions, acquitted charges, and dismissed charges, most employers consider the nature of the crime. In order to protect the employees, customers, and the company’s reputation, violent and sexual offenses are rarely swept under the rug, and most employers would consider these types of convictions red flags. However, 67% of employers say that they allow their applicants to explain their criminal history before completely ruling them out. If you are applying to jobs that require high security clearance or involve interaction with children or elderly people (including school bus driving) and your criminal record contains any major offense, evidence of mental health issues, sex offenses, or cyber crimes, you will be denied from the job. The employer is usually in favor of the applicant with a clean record.

A clear record empowers you. If your criminal record has prevented you from getting the job of your dreams, you should consider getting your record expunged or sealed from the public eye. Contact Easy Expunctions for more information on affordable record-clearing.

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Immigration

The Difficulties Gaining Citizenship With a Criminal Record

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A criminal history places bars on citizenship, making the process of obtaining US citizenship extremely lengthy and difficult for those with a record. Some crimes impose temporary bars while others impose permanent bars, and the crime’s level of severity depends on the USCIS’s perception of the crime. If the USCIS believes the crime you’ve committed demonstrates a “lack of moral character” they may deny your application altogether.

Those who have been convicted of murder or an aggravated felony after November 29, 1990 are permanently barred from citizenship. The USCIS cannot override a permanent bar and they will likely be subject to deportation once the conviction is discovered. An aggravated felony is defined according to specific immigration rules, meaning it goes beyond the felonies defined by state law. Aggravated felonies under immigration rules include rape, sexual abuse of children, child pornography, drug trafficking, weapons trafficking, theft if the defendant was sentenced to a year or more in prison, and fraud over a certain amount. Minor crimes including resisting arrest or DUI may also be considered an aggravated felony under immigration rules, as well as assisting a foreign national in illegally entering the US unless the national was your spouse, parent, or child.

If you have a temporary bar on citizenship, the clock for the residency requirement restarts on the date that the crime was committed. The foreign national must wait five years before applying for citizenship in most cases, and three years for other situations. Waiting the required period of time does not guarantee consideration for citizenship. The USCIS can deny an application if an individual’s criminal record demonstrates a lack of moral character, and that is heavily dependent on the official’s perception of the crime. Crimes that place a temporary bar on citizenship include prostitution, solicitation, drug possession, minor forms of fraud, and possession of over thirty grams of marijuana in any state, regardless of legalization laws. There is an exception for possession of marijuana in an amount of thirty grams or less, but any conviction on a criminal record may make the process of obtaining citizenship significantly harder than for those with clear records. Although immigration rules regarding convictions place large restrictions on an individual’s ability to gain citizenship, you should not make any false statements on your application. The USCIS will have access to your criminal record when they conduct the fingerprint check, and lying will likely demonstrate a lack of moral character.

If you have any questions regarding your criminal record’s impact on your ability to obtain US citizenship, you should contact an immigration attorney to evaluate your specific criminal record.

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Expunctions

New Vermont Law Expands Number of Nonviolent Offenses Eligible for Expunction

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More Vermonters now have the opportunity to wipe their criminal records clean with the state’s expansion of the number of nonviolent offenses eligible for expunction. House Bill 460, which went into effect on October 1st, broadly reforms the state of Vermont’s criminal expungement process for various crimes including marijuana, ecstasy, LSD, cocaine, heroin, methamphetamines, ephedrine and pseudoephedrine, hallucinogens and depressants, stimulant or narcotic drugs, as well as certain nonviolent forgery and burglary charges. The goal of the new law is to make the expungement remedy available to a greater amount of deserving citizens.

            Many Vermonters were pleased to see the addition of drunk driving offenses added to the final bill, including the bill’s sponsor Representative Maxine Grad. Impaired-driving offenders are not eligible for expungement under the new law, but they can ask a judge to seal their records as long as serious injury or death was not a result of the crime. School bus drivers with a blood alcohol concentration greater than .02 and commercial vehicle drivers with a BAC greater than .04 are excluded from this law, along with those convicted of burglarizing an occupied home (unless they were under the age of 25 when convicted). Rep. Maxine Grad made a statement announcing her disappointment with the law’s exclusions, but still claims that the passage of H460 is an “important economic and workforce-development reform.” The new law removes a substantial amount of economic and employment barriers from the lives of ex-convicts.

            If you’re looking for an easy and affordable way to scrub your record clean, visit EasyExpunctions.com to see if you’re eligible for expungement. Stop waiting for a second chance and let Easy Expunctions give you the tools you need to regain control of your future.

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Second Chance Act

North Carolina Senate Considers Legislation That Wipes Away Charges With Non-Guilty Verdicts

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The Second Chance Act is currently under consideration in North Carolina. This “clean slate” bill would automatically expunge criminal charges that are dismissed or ruled as “not guilty” and allows individuals convicted of nonviolent misdemeanors to petition for expungement after seven years of good behavior.

Several committee members expressed their concern regarding the outcome of the bill’s passage, which would likely result in a significant increase in expungement actions placed upon justice system officials. This enlarged workload proves to be trivial in comparison to the benefits the bill will provide to society. With the bill’s passage, more deserving citizens will be allowed to contribute to society, which allows for greater economic opportunities for both the individual and the state.

The majority of North Carolinians believe this act is undoubtedly a step in the right direction. Conservative groups such as Americans for Prosperity, ALEC Action, the NC Chamber, and Koch Industries supported the passage of the bill, as well as other progressive groups. The objectives of the Second Chance Act represent hope for Americans who have been living under the confines of their criminal record. If the bill is successful in its passage, all charges disposed as “not guilty” will automatically be expunged from a person’s criminal record after July 1, 2020 and America will be one step closer to achieving equal opportunity for deserving Americans.

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Jury Duty

Man Who Received 10 Days in Jail for Missing Jury Duty Will Likely Have His Record Expunged

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The Criminal Justice System is both flawed and ever-changing. Without expungement opportunities, many American citizens would be forced into wearing a permanent scarlet letter as a consequence for non-threatening, ordinary mistakes–like accidentally sleeping through jury duty.

            21-year-old Deandre Somerville, a Florida resident without any criminal history, recently overslept and did not appear for jury duty. Florida Judge John Kastrenakes ordered Somerville to complete a 10-day jail sentence, one-year probation, 150 hours of community service, a 100+ word apology letter, and pay $233 in fines as punishment for the crime. Naturally, this absurd punishment attracted attention from news outlets, social media, and some federal lawmakers, including Representative Ilhan Omar.

            The judge decided to rescind the probation after Somerville read an open letter to the court following his jail sentence. In the letter, Somerville admitted to making an “immature decision” and added that he did not have a criminal record prior to sleeping through jury duty. The Judge’s decision to vacate the contempt finding and sentence of probation was likely brought upon by Somerville’s letter to the court, his lack of criminal history, the publicity surrounding the case, and Rep. Ilhan Omar’s argument that the criminal justice system is “designed to criminalize people of color.” The right step was made to relieve a trustworthy, respectable man from undeserved probation. Somerville’s lawyer added that his client would proceed with “getting his record completely expunged now that the case is over.”

This is just another example of why it’s important for us to have the ability to erase criminal records of those whose crimes don’t match the punishment. If Somerville follows through with the expungement, his criminal record will be destroyed, and he will be given a second chance to live freely without sacrificing any civil liberties. It will be like he never even overslept in the first place.

Don’t let small mistakes place a limit on your life forever. Visit easyexpunctions.com today for affordable, easy record-clearing services.

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Uncategorized

Liberty and Justice for Some: How Having a Record in DC Will Seriously Hinder Opportunities

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Innocent until proven guilty is not the case in our free nation’s capital. In Washington, DC, a criminal record includes both convictions and non-convictions, meaning thousands and thousands of innocent people face significant challenges and daily hardships because of unfavorable circumstances. Adding to the disparity, DC is known to have one of the most restrictive record-sealing processes in the nation. The District’s tendency to keep justice-involved people in a vicious cycle of unemployment, unstable housing, and lower educational attainment demonstrates our nation’s contentment with the inequalities caused by flaws in the justice system.

The criminal background check process in Washington, DC is notably faulty. Approximately one in seven Washingtonians have a publicly available criminal record, with only half actually convicted of a crime. Employers often make hiring decisions based off of a criminal charge, not the conviction. If you don’t have the money to fight the charge, you’re basically forced into accepting any deal that comes your way, with little to no control over your fate. A criminal record affects more than job and housing opportunities, it can damage credit scores and leave a person with a lifetime of financial restrictions and obligations. Record-sealing is the only hope for a better life for these people, yet expungement is more difficult to achieve in DC than almost anywhere else.

Liberty and justice for all is not reflected in Washington, DC’s criminal justice system. DC showcases this painful irony in a specific example regarding an elderly Vietnam veteran who suffered from PTSD after returning home from war. The man turned to drugs to help him cope with the trauma and developed an addiction, which eventually led to several drug charges. As the veteran entered old age, he applied for housing in several nursing homes. All housing applications were denied due to drug convictions. Later, the man died in a homeless shelter. If the capital of our “free nation” refuses to protect those who fought for the nation’s protection, who is protected?

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Collateral Consequences

How the Criminal Justice System’s Fines and Fees Trap Many Americans in a Cycle of Debt

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Virtually every state has increased the cost of fines and fees within the justice system over the past 8 years. This increase is due to the fact that state and local governments use their court system to collect revenue, meaning that money collected through court-assessed debt plays a significant role in keeping the government in business. Harsh consequences are imposed on people who cannot afford to pay fines and fees immediately, which keeps them in a vicious cycle of debt and poverty. The “poverty penalty,” or the doubling and tripling of fines and fees when an individual cannot make the initial payment, is a harmful and unconstitutional act of government that represents deeper systemic problems within the nation.

Financial penalties are not only imposed for felony and misdemeanor offenses, but they also apply for minor traffic and municipal code violations. Interest charges and collection fees are usually imposed on top of that, and some jurisdictions even charge fees to set up payment plans. 17 states will restrict an individual’s voting rights until all debts are paid, and over 40 states will suspend an individual’s driver’s license if they are unable to pay their fines and fees. In order to survive in America, people need to work, go to the doctor, and attend school—and they need a way of getting there. Rather than putting their life on hold, it’s is likely that a person with a suspended license will continue to drive to satisfy those basic needs, which ultimately increases their likelihood of facing additional criminal charges, further monetary penalties, and even incarceration. Over 11 million people in over 40 states have lost their driver’s license due to unpaid fees, adding another obstacle to their pursuit of financial freedom. The increasing amount of fines, fees, and punishments for nonpayments furthers the already clear divide between the nation’s rich and poor by depriving those who cannot afford to pay from the same rights. 

Flaws within the criminal justice system demonstrate that the system is rigged against people who struggle the most. On average, people leaving prison owe $13,607 in fees, and private probation companies often levy their own fines and fees with jail as the consequence for nonpayments. Americans owe billions in unpaid court debt, and the government heavily uses this to its advantage. In order to prevent this debt cycle from trapping more Americans, lawmakers must repeal the absurd laws regarding nonpayments and the government must stop using courts as a strong source of revenue.

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Gun Rights

How a Criminal Record Will Affect Your Gun Ownership Rights

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Federal law completely prohibits gun possession by felons, but state laws regarding the ability to purchase a gun with a criminal record vary. In Texas, a person with a felony conviction is allowed to possess a firearm on-premise where he/she lives, five years after the disposition of his/her conviction. Although Texas is a pro-gun state, licensed gun dealers typically do not allow those convicted of violent crimes to purchase a gun under any circumstances.

In Texas, you are not allowed to purchase a gun within five years of your felony conviction. Those convicted of domestic violence misdemeanors are also prohibited from purchasing a gun within the five-year mark. Generally, if you’ve been convicted of any domestic violence-related charges, you will be barred from buying a gun in Texas for at least five years, and most licensed gun dealers will refuse your request even after the five-year mark.

Texas law allows those with felony convictions to possess a firearm five years after conviction only on the premises where he/she lives. Those with felony convictions are not allowed to carry a gun outside of the premises of their home, even in Texas. Violation of this law is considered a felony crime in itself, and is usually punishable by a prison sentence of one to three years, along with other fines and fees.

Overall, even if state law allows those with a criminal record to possess a firearm, most licensed gun dealers will deny their request. The only way to restore your gun ownership rights is to have the conviction expunged or removed from your criminal record. As long as you maintain a clean criminal record after the expunction, your background check should not continue to bar you from legally obtaining a firearm in Texas.

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