HB 1041, known as the “New Hope Act,” expanded the opportunity for Washingtonians to vacate their criminal records. The purpose of the New Hope Act is to allow rehabilitated former offenders to rejoin society and enjoy full access to economic opportunity. The bill went into effect on July 28, 2019, passing both the State Senate and the State House without opposition. The bill significantly modifies the process of obtaining a Certificate of Discharge and gives those with more than one conviction the opportunity to have their record vacated. The New Hope Act demonstrates Washington’s commitment to providing a life without stigma to former offenders who seek to become active members of the community.

In order to meet eligibility requirements, two waiting periods must be met. The first is the number of years spent without a conviction prior to application for the record vacate. The second is the number of years since the sentence (for the conviction being vacated) was completed. The level and nature of the offense will determine the waiting period.

Before the bill was passed, those with convictions for violent crimes were likely ineligible for a record vacate. Now, a few of these convictions have become eligible. Class C felony convictions now have a waiting period that is reduced to 5 years. Class B felony convictions have a 10-year waiting period from when the sentence is complete, and the petitioner must have 10 years of no convictions before filing for a record vacate. Class A felony convictions, however, are not eligible for relief.

The new law also breaks down eligibility requirements for those with misdemeanor charges. The waiting period to vacate a misdemeanor conviction is three years, depending on the nature of the offense. Three years must have passed since discharge from sentence, and three years of no conviction must precede the application. Crimes such as domestic violence have more serious waiting periods.

The modified process of obtaining a Certificate of Discharge restores any civil rights lost as a result of a felony. The new law requires the court to make the Certificate of Discharge effective on the date that the sentence requirements were completed, excluding financial obligations. If the applicant has not yet met the financial requirements, the department must specify what is financially owed to the sentencing court to ensure that the certificate will be effective as soon as the obligations are met. The law adds two additional pathways to achieving a Certificate of Discharge:

1. The applicant can file a motion with the sentencing court requesting the Certificate of Discharge.
2. The applicant can file a motion and provide verification that all non-financial obligations were satisfied.

Do not wait to seek relief. Contact Easy Expunctions to see if you meet the eligibility requirements needed to vacate your criminal record.

In an attempt to reduce the stigma of a criminal record, Utah’s District Attorney Sim Gill signed two motions into law that allow over 12,300 Utahns to become eligible for expungements. The first motion will reduce Class B misdemeanors to Class C misdemeanors for over 7,600 cases. The second motion will reduce convictions for more than 6,200 cases by two steps: First, a third-degree felony will now become a Class B misdemeanor. Second, a Class A misdemeanor will now be reduced to a Class C misdemeanor.

It is evident that Utah’s criminal justice system is taking a step in the right direction by lessening certain convictions and allowing deserving citizens to contribute to their communities.

            At Easy Expunctions, we believe that those who do not pose a threat to society deserve a second chance. Instead of forcing those with criminal convictions to wear a scarlet letter years after their sentence was served, the state of Utah is now offering many of its citizens hope for a better future. By removing the obstacles that keep former offenders from pursuing their goals, more deserving people will be presented with greater job, housing, and educational opportunities. Those with criminal convictions will now have the chance to return to freedom and contribute to society, which ultimately promotes a better future for both the former offender and their community.

            A clear record empowers you. If you’ve already paid the price for your crime, your criminal record should not continue to affect the quality of your life. See if you’re eligible for clear and affordable record clearing at easyexpunctions.com!

New laws will give Nevada’s former marijuana offenders a greater chance at contributing to the economic vibrancy of the state, allowing them to be better engaged with the community. Starting January 1, 2020, employers in the state of Nevada will no longer have the legal right to discriminate against Marijuana users, due to the fact that the state legalized marijuana use in 2016 and decriminalized many marijuana offenses. Nevada also restored voting rights to many convicted felons in July, including those with marijuana-related felony charges, as the government believes these people should not have to lose employment or economic opportunity for consuming a now-legal substance, with exceptions to those who work in public safety.

Nevada legislators updated state policy by passing bill AB 132. Bill AB 132 prevents employers from discriminating against an employee or prospective employee because of a positive identification of marijuana use on a drug test. Since the state recognizes that marijuana can be found in a consumer’s system long after the consumer is under its immediate influence, legislators agreed that testing positive for marijuana on a drug test should no longer be used against employees if they are not working in public safety, the medical field, or operating a motor vehicle/heavy machinery on the job, with other exceptions regarding the safety of the public.

Nevada also passed AB 431, a bill that simplifies when a convicted felon’s civil rights are automatically restored and identifies the specific conditions in which voter registration is canceled. Before July of 2019, a convicted felon’s ability to regain voting rights depended on the level of the felony and the time they were discharged from the sentence, and the county clerk was required to cancel the voter registration of convicted felons. Now, under the new law, the county clerk will only cancel voter registration if the convicted felon is currently serving a term in prison. Once the individual’s term is up, their right to vote will be restored. Bill AB 431 gives convicted felons who have finished their term the opportunity to contribute to society and better improve their community.

Missouri Senate Bill 1 gives more deserving people a greater chance of pursuing a full future. The bill, which was signed into law on July 9th, allows 4 additional offenses to be expunged under Missouri’s expungement statute. If other eligibility requirements are met, those with convictions for stealing, property damages in the first degree, fraudulent use of a credit or debit device, and possession of a forging instrumentality will have the ability to seek expungement under the law starting August 28th, 2019.

Missouri’s expungement eligibility can be separated into three parts. Let’s think of these three parts as stoplights on the road to a clean record. The first red light is the excluded offenses list. While the law strictly modifies the excluded offenses list, those individuals now removed from the list must be aware of the other mandatory eligibility requirements before moving forward in seeking expungement. The light will turn green once the applicant’s offense is determined to be absent from the excluded offenses list.

Further down the road, the applicant will approach the second stoplight. At this point, the applicant will be evaluated based on six criteria, four objective and two subjective. The objective four criteria are:

1. Has the statutory waiting period of 7 years for a felony or 3 years for a misdemeanor since the date of disposition been imposed?
2. Has the person been found guilty of additional offenses during the waiting period?
3. Has the petitioner satisfied all sentence requirements?
4. Does the petitioner have pending charges?

Since the prosecutor’s office can provide arguments against an applicant in a more subjective manner for the following 2 criteria, a legal representative is recommended. The 2 subjective criteria are:

1. Do the petitioner’s habits and conduct show them to not be a threat to the public?
2. Is the expungement consistent with the public welfare and in the interests of justice?

If an applicant meets these criteria and has less than the allowable number of convictions, no stopping will be necessary at the final light, and the court shall grant the expungement request.  However, the final light will remain red indefinitely if the applicant has more than two misdemeanors or ordinance violations that carry a defined term of imprisonment. If the applicant has more than 1 felony, the light will also stay red.

If you do not meet these requirements, do not lose hope. Easy Expunctions aims to give deserving clients a shot at a clear criminal record. Contact us to learn more about your eligibility for expungement.