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Criminal Justice Bills Focused on Expungement and Probation Move to Senate

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Kentucky is finally taking action as two bills have been approved by the House and are moving to the Senate, both of which hope to improve a long-time flaw in the U.S. criminal justice system.

The first bill would serve to incentivize those released from prison to reintegrate back into society while on probation. Those seeking a fresh start after release could get it sooner by completing specific education, skills training, work, or substance use treatment for time to be taken off their probation timeline. This would, in turn, reduce the number of citizens on parole, saving the state millions of dollars each year. Motivating those on parole to better themselves for the good of society is a very powerful move that could also lead to probation officers getting some relief on their heavy caseloads. The bill would permit someone to receive 90 days off their probation if after being released from prison they earned their GED. In addition, one day would be taken off for every 40 hours they work, if they can find steady employment. The overall goal with this bill is to reduce recidivism and give those who have been released a fair fighting chance at steady employment.

The next of the two bills moving to the Kentucky Senate is a bill that provides automatic expungement in certain cases after acquittals and dismissals with prejudice. This is where the long-time flaw in the United States criminal justice system appears. Are you aware that if someone is accused of a crime, tried in a court of law, and the case is ultimately dismissed, the charge remains on the accused’s criminal record? Innocent until proven guilty is being confirmed as a sham by those who have been proven innocent and still walk around with a messy record, only able to be expunged by pleas and hefty legal fees. The bill would make certain that individuals don’t end up with a record if they aren’t guilty.

Kentucky is taking the right steps to start improving its criminal justice system, and we hope the Senate passes both bills when they come to committee. If you won’t benefit from Kentucky’s new bills upon passing, don’t worry, because Easy Expunctions offers a free record check to get you started. Take matters into your own hands at www.easyexpunctions.com.

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Expungement

Georgia Senate Bill 288 Could Spark Expungement Conversation

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A new bill has been introduced in Georgia that would widen the qualifying charges for expungements—but less is being said about the bill and more about the conversation. Time and time again men and women are charged with non-violent crimes, and although they pay their debt to society, they are still shut out. According to the Georgia Justice Project, more than one-third of the Georgia population has a prior criminal conviction. That equates to over 4 million people who must disclose their criminal records when applying for housing, employment, and education.

Senator Tonya Anderson introduced Senate Bill 288. She is credited for starting the conversation of the need for criminal justice reform in Georgia. The Legal Action Center placed Georgia as the second-worst state in the U.S., largely due to the hoops you must jump through to reintegrate back into society after an arrest or conviction.

It’s no secret that Georgia is in need of some change in the expungement department due to the high volume of Georgians with criminal records. There is talk that the bill was merely introduced to start a conversation and if that’s the case, it’s working. Reducing the roadblocks for reformed criminals is needed in Georgia, but the question of public safety comes up. The bill would automatically expunge qualifying charges after 10 years and once all fines are paid. It’s not a change that would allow murderers to roam free, but rather help people who made mistakes, paid their debt to society, and came out of it reformed and ready to start fresh.

At the end of the day, this Georgia bill would make it easier for people with criminal records to start over. This is something we can all get behind. Easy Expunctions is an online record-clearing service that can help you eliminate qualifying charges from your record. Imagine your life with a clean record and visit www.easyexpunctions.com to make that a reality.

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Expungement

Alabama May Pass an Expungement Bill for Non-violent Offenders

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 The only way for an ex-con to reintegrate back into society is for society to provide the opportunity for him to do so. These opportunities diminish when employers get a glimpse at a messy criminal record. Providing a fresh start could be the best approach to prevent people from going back to prison. Alabama could be the latest state to provide a fresh start by proposing a new bill, Senate Bill 14, that would expunge the records of some non-violent criminals.

The bill would allow people who have been convicted of some non-violent misdemeanor offenses to have the conviction expunged from their record. This would only happen after these individuals have fulfilled all of their parole requirements. While the state currently allows expunctions for some misdemeanor charges, there has never been the ability to remove convictions from records.

The overall purpose is to help ex-cons make a smoother transition back into society after release. Senator Cam Ward says he is sponsoring bills like the expungement one because the state’s criminal justice system is at a crisis point. He specified that violent crimes do not apply to the bill, which is mostly geared towards Class A misdemeanors. Ward is also on a mission to lower the filing cost for expungement, which would be raised to $500 if the bill passes.

Though a similar bill passed the Senate last year, it didn’t have time to pass through the house committee. This is a huge step for Alabama, which until now, only allowed for charges to be expunged if there was not a guilty verdict, a dismissal, a grand jury no bill, or with completion of a diversion. Senate Bill 14 would make it easier for those with criminal records to break the cycle of recidivism and search for job opportunities with a clean slate.

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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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Gun Rights

Indiana AG Confirms Gun Rights Are Fully Restored to Former Felons After Expungement

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After some uncertainty, Indiana Attorney General Curtis Hill Jr. has stated that citizens who have had felony records expunged are generally eligible to purchase a firearm and a license to carry in public.

The confusion arose after light was shed on one section of Indiana law that declared a license to carry shall not be issued to any person has been convicted of a felony. A conflicting portion of another Indiana Code classified any former felon with an expunged conviction as eligible for a license to carry. Hill wants to reiterate that Indiana law does not impose firearm restrictions once a person’s record is cleared, except in cases that involve domestic violence convictions.

Hill noted that expungements serve to give convicted Hoosiers a second chance, and that clearing records should provide relief from the stigma. This means that however you feel towards gun ownership, in this country, a person who has received an expunction shouldn’t bear the burden of being perceived by others as a criminal. All civil rights should be restored, including the right to own and carry a gun. He stated, “Restoring a convicted felon as a proper person to carry a handgun but then denying them a license because of that same felony conviction violates the underlying policy and goals of the statute.” Though official opinions by attorney generals don’t carry any legitimate legal weight, these opinions are likely to be respected by judges who see the issue in their courtroom.

It’s worth noting that in Indiana, sex or violent offenses, crimes that result in serious bodily injury to another person, official misconduct, and repeated felonies using a deadly weapon are not eligible for expunction. Attorney General Hill has made strides in defending the integrity of those who have received expunctions and ensuring that they’re able to move on from the weight of a criminal record.

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Expungement

Indiana Supreme Court Will Hear Extended Expungement-Wait Case

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The Indiana Supreme Court Justices are set to hear a particularly intriguing case regarding expungement.

Naveed Gulzar was convicted of a Class D felony theft in 2006. In 2016, Gulzar successfully petitioned to have his conviction reduced to a Class A misdemeanor. He then filed an expungement petition in 2018. This petition was denied on the grounds that Gulzar had to wait a full five years after the entry of the misdemeanor… even though this incident happened in 2006. The Elkhart Superior Court ruled that Gulzar had to wait a full five years from the date the conviction was reduced.

The entire situation is a bit preposterous. This conviction has no doubt hung over Gulzar’s head since 2006, which is proven by the fact that he took considerable action in 2018. He shouldn’t have to wait a full five years from 2018 for an incident that was almost 15 years ago. The reasoning is purely clerical—this particular five-year waiting period would serve no legitimate purpose.

Judge John Baker agrees. He dissented, arguing that forcing Gulzar to wait would mean that “a person who has a Class D felony conviction that was converted to a Class A misdemeanor has to wait longer for expungement than someone who merely has a Class D felony conviction.” He called the result “both unjust and ill-advised,” and “doubly wrong.”

The Indiana Supreme Court agreed to hear the case, and we can only hope they come to a just ruling.

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Expungement

New Jersey Bill Makes Expungement More Accessible

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New Jersey passed a bill that makes the expungement process easier and more readily available for individuals with non-serious crimes on their criminal record. Bill A-5981 offers a clean slate to deserving citizens by clearing all prior non-serious crimes after ten years. The bill also allows an individual to immediately seek expungement for older offenses involving small amounts of marijuana. With the signing of this bill, a judge may now immediately remove a minor offense from an individual’s criminal record, and an individual may immediately file for expungement without the $75 filing fee after completing all jail time, probation, parole, and paying court fees.

Studies show that black people are three times more likely to be arrested for marijuana-related crimes than white people. Given that a criminal conviction makes getting a job, receiving financial aid, and finding stable housing more difficult, it’s evident that the criminal justice system has discriminated against black people for far too long. The signing of this New Jersey bill is one solution to our nation’s social justice issue. Although one bill cannot resolve our country’s disproportionate treatment amongst our citizens, it is undoubtedly a step in the right direction.

This shift to an automated system makes expungement a more fair and accessible process for deserving American citizens. With greater opportunities to a greater amount of people, our nation’s economy and justice system can only improve. Those who have been restricted by their criminal record now have a second chance at housing, employment, and education. The signing of this bill has brought our country one step closer to achieving justice and equality for all citizens.

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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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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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Expunctions

5 Major Benefits of Record Expungement

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  1. You can legally and truthfully deny the arrest.

Perhaps the most rewarding part of an expungement is saying that you have never been arrested. It’s a huge relief to live your life as if the whole thing never happened. Everything is restored to the way it was before the arrest, charge, and/or conviction. This brings redemption and closure to those struggling to escape from their criminal past.

  1. You can tell employers that you have no criminal history, expanding your job opportunities.

Almost every employer will run a background check before hiring an applicant, specifically to reveal arrest records and probation status. Luckily, employers and even potential employers are not allowed to ask about an expunged conviction. Additionally, an expunged conviction cannot be used against you when deciding whether or not to hire you. Not that they’ll ever know about it, because an expunged record won’t show up on their background check. Those who have been unemployed with an unclean record will tell you that this is the most valuable benefit of an expunction.

  1. Finding a suitable home will be much easier.

Landlords routinely run background checks on prospective tenants. If they see a conviction or arrest on your record, they may deny you. And if they accept you with an unclean record, they might still consider you an imperfect resident, which may prompt them to charge you a higher rent or a sizably larger deposit.

  1. Your gun rights may be restored.

Federal law prohibits felons from owning guns, but firearm rights may be restored after an expunction. According to the Bureau of Alcohol, Tobacco, and Firearms, “Felons whose convictions have been set aside or expunged, or for which the person has been pardoned or has had civil rights restored” are not considered “convicted.” Without a conviction, there’s nothing prohibiting you from owning a gun.

  1. Your finances will be drastically improved across the board.

It may seem redundant to pay for an expungement to help ease financial burdens, but this is a sound investment in your future. Insurance rates can be affected by criminal history, meaning that your rates can significantly increase with a messy record. Certain loan rates can also be higher based on your past. Additionally, most states ban people with convictions from being eligible for funded public assistance and food stamps. Everybody is entitled to this type of help from the State, should they really need it. Having a clean record will ensure you don’t miss out on public assistance.

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