Category Archives: New Laws

Nevada AB 357 Fact Sheet

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What it Does

Allows former-offenders who meet specified eligibility requirements and waiting periods (listed below) to petition a court to have all of their civil and firearm rights restored if they can prove with clear and convincing evidence that they are rehabilitated.

– 1 day from the successful completion of their sentence for first time offenders who committed a non-violent Class D or E felony.
– 2 years from the successful completion of their sentence for first time offenders who committed a non-violent Class C felony.
– 6 years from the completion of their sentence for those who have not been convicted of a felony that involved the intentional use of a deadly weapon with the intent to cause substantial bodily harm or more than one misdemeanor for domestic violence or a single Class A felony.

Puts a lifetime prohibition on owning a firearm on those convicted of misdemeanor domestic violence. First time offenders can use restoration process 6 years after the date of completion of their sentence. Does not allow firearm rights to be restored if a person has more than one conviction for domestic violence.

Main Problems it Solves

Nevada is the only state in the western United States that does not allow some former felony offenders to eventually have all of their rights restored. Yes, even liberal states like California and Minnesota allow some former offenders to have their firearm rights restored.

Under current law, anyone who is dishonorably discharged from felony probation or parole loses all of their civil rights for life— even first time offenders, while repeat offenders can continue to have their rights automatically restored as long as they are honorably discharged from parole and probation. e.g. A first­time offender who is dishonorably discharged from probation for not completing court ordered classes or paying fines on time will lose their civil rights for life, while a person who commits a constant string of felonies will continue to automatically have their civil rights restored if they always successfully complete probation and parole.

Bipartisan & Strong Support

The bill received unanimous support in the Assembly Judiciary Committee and was approved in the Assembly by a vote of 39 to 1. Groups ranging from the NRA to the ACLU have endorsed it.

Current Status

Waiting for Republican Senator Greg Brower to allow a vote in the Senate Judiciary. Primary sponsors in the Assembly were Assemblywoman Fiore and Assemblyman Ellison.

More information can be found at: https://www.leg.state.nv.us/App/NELIS/REL/78th2015/Bill/1935/Text

Proposed Bill Will Greatly Improve Indiana Expungement Law

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Indiana House Bill 1155, which improves Indiana’s expungement law that went into effect last summer, has passed the Indiana Legislature and is awaiting approval from Governor Mike Pence. HB 1155 gives individuals who petition for an expungement the opportunity to correct the form if they made a mistake on the petition. The bill also changes who will have access to expunged records, as well as the waiting periods for some felony convictions.

Last year Indiana passed the expungement law, known as the Second Chance Law, which allows expungement of certain convictions. The passage of that law was welcome news for former offenders in Indiana; but it is also a very complex law, and several problems arose in the months after it went into effect.

House Bill 1155 is intended to make several improvements to the law to ensure former offenders get the second chance they deserve. State Representative Jud McMillan, co-author of the bill, has explained that HB 1155 was drafted and proposed “to update and amend the Indiana Code to address several inconsistencies as well as make the overall process run more smoothly.”

Indiana’s expungement statute provides that if an expungement petition is denied, there is a three-year waiting period to reapply. Because under Indiana’s current expungement law an individual is only allowed one expungement in a lifetime, making a small mistake on the petition could be devastating for the individual. HB 1155 would allow the petitioner to submit a subsequent petition to include an additional conviction that was not included in the first filing if certain conditions, indicating the omission was made in good faith, are satisfied. Additionally, with the passage of HB 1155, the three-year waiting period to reapply will only apply to felony conviction expungements (excluding Class D felonies) that were denied due to the court’s exercise of its discretion.

The final version of HB 1155 also changes the waiting periods for some felony convictions. The current waiting period for those convicted of a felony offense that resulted in serious bodily injury or was committed while serving as an elected public official is ten years after completion of the sentence. HB 1155 changes the period to ten years after conviction or five years after completion of the sentence, whichever is later. The current waiting period for most other felonies is eight years after completion of the sentence. Under this bill that waiting period is amended to eight years after conviction or three years after completion of the sentence, whichever is later.

HB 1155 passed the House and was referred to the Senate on January 23, 2014. The Senate made amendments and passed the amended version on March 4. On March 6, the House voted on and concurred with the Senate’s amendments. If signed, the bill would become effective immediately upon passage.

Significant Changes to the Expungement Law Under HB 1155:

– Allows a petitioner to file a subsequent petition for a conviction not included in the original petition under certain circumstances.
– Removes the prohibition on a fee waiver or reduction for an indigent person.
– Prohibits a defendant from waiving the right to an expungement as part of a plea agreement.
– Lowers the burden of proof. The Court must find by a preponderance of the evidence, instead of by clear and convincing evidence, that all the requirements of expungement have been met.
– Grants the state board of law examiners access to expunged records to determine a person’s fitness for admission to the bar. Also grants a defense attorney and probation department access to expunged records, if authorized by court order.
– Changes the waiting period for some felony convictions.
– Specifies that expungement of a misdemeanor crime of domestic violence does not restore firearm rights; an individual must go through the firearm rights restoration process provided in IC 35-47-4-7.
– Specifies that the petition to expunge a conviction may be filed in any circuit or superior court in the county of conviction, as opposed to the specific court of conviction.
– Removes inconsistent language in the current law regarding the arrest record expungement procedure.

The Pennsylvania Senate voted unanimously to pass Senate Bill 391

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The Pennsylvania Senate voted unanimously today to pass Senate Bill 391, which allows some offenders with misdemeanor convictions to expunge their conviction after satisfying a waiting period. The Foundation actively campaigned for support of this bill.

“We are a long way from enactment,” said Foundation Chairman Mathew Higbee, “but we are very encouraged by the unanimous support the bill received in the Senate.”

Senate Bill 391, which is sponsored by State Senator Tim Solobay, modernizes Pennsylvania’s expungement law by allowing many people with misdemeanors to expunge their record after they have proven that they are rehabilitated by satisfying a lengthy waiting period.

The Purpose of Senate Bill 391

Current law allows only the expungement of summary offenses, which are lower level offenses. SB 391 would allow individuals who have misdemeanors in the second or third degree to apply to have their criminal records expunged if they have not reoffended in seven years for second degree misdemeanors or ten years for third degree misdemeanors.

“This bill recognizes genuine efforts at rehabilitation; it makes sense for our justice system and it makes sense for taxpayers,” Solobay has stated. The law would reduce crime rates, lower unemployment, and would stop the medieval practice of labeling low-level offenders as criminals for life. The Pennsylvania District Attorney’s Association and the American Civil Liberties Union (ACLU) of Pennsylvania have announced their support for the reform.

SB 391 was unanimously approved by the Senate Appropriations Committee on June 17, 2013 and had since been awaiting a vote by the full Senate. The bill now heads to the State House of Representatives. If this legislation is enacted, Pennsylvania will join 19 other states that have expanded their expungement laws in the past five years.

Pennsylvania Senate Bill 391 Progress Update

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state senator cormanLast month, the proposed expansion to PA expungement law, Senate Bill 391,was referred to the Appropriations Committee where it needs to be scheduled for consideration by the Chairman, State Senator Corman. Please call Senator Corman’s office on this toll free number (855-741-2094) and simply let him or his staff members know that you want him to allow a vote on Senate Bill 391 (The expungement bill).

The bill being proposed would allow more people to be able to clear their PA criminal record. It would allow individuals who have misdemeanors of the 2nd and 3rd degree to apply to have the records expunged if they have kept a clean record for 7-10 years respectively. The current law states that crimes other than summary offenses can not be expunged until after the offender turned 70 years old or has been deceased for more than three years. The bill was officially amended on February 12, 2012 with a 14-0 vote. If this Bill passes, those who are eligible under the new expungement law can potentially change their lives and remove the stigma that follows a criminal judgment.

Indiana Expungement Bill Would Allow For Greater Relief

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Indiana’s House Bill 1482 recently passed through the House with a vote of 78-19. This is Indiana’s first bill of its kind to allow for the expungement of crimes at various levels.

House Bill 1482 was proposed by Representative Jud McMillin of Brookville and is supported by Representative Eric Turner of Marion. Because no bill of its kind currently exists, they have high hopes for the future of expungement laws stating that “making a mistake doesn’t mean that you’re necessarily a bad person. Making a mistake means you are a human being.” The Bill is currently with the Governor, Mike Pence, waiting for his approval. Governor Pence has yet to state his opinion on the proposed law. The people of Indiana, as well as Representative McMillin, strongly support the Bill and have full faith that Pence will sign it.

There are several expungement processes the law covers depending on how far the case went and the magnitude of the crime committed. Misdemeanors and class D felonies can be expunged as early as five years after the conviction as long as the sentence was completed, they have no pending charges, and no convictions within those five years. Serious felonies can also be expunged but are held to higher standards, and petitions cannot be filed until eight to ten years after the conviction and decisions are at the discretion of the judge.

Not only does the law allow for expungements but it also changes how employers are allowed to ask about past criminal history. This is beneficial to those with criminal histories that have been expunged and will potentially increase the likelihood of employment opportunities for them.

Foundation Chairman Testifies About Expungement Before CA Senate Committee

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April 20, 2013 – The California State Senate Committee heard testimony from Foundation Chairman Mathew Higbee about the opportunity to achieve significant public policy objectives by expanding California’s expungement law. Higbee said reduced recidivism and lower crime rates were two important benefits that California could realize if more former offenders were able to clear their criminal record.

The committee was hearing testimony about SB 530, which is sponsored by State Senator Roderick Wright.

Higbee explained to the committee that, despite California’s many innovative programs designed to help former offenders, California’s expungement law still leaves many former offenders set-up to fail.

“In many ways, California is very progressive and innovative when it comes to helping former offenders. We provide drug treatment, continuing education, job training and even tattoo removal. But California does not remove the one thing that many other states do, and that is the label of criminal. California’s law governing expungement and other post-conviction remedies are inadequate, as a result, all of those investments in rehabilitation and training are marginalized— leading to unnecessary unemployment, under-employment, and waste of human capital,” said Higbee.

The current version of SB 530 expands the eligibility for certificate of rehabilitation and codifies a regulation that prohibits employers from discriminating against people with an expunged conviction. Higbee says that the bill will likely be amended to provide bigger benefits to more people.

“I am expecting the bill to create a new legal remedy that will allow some offenders to have convictions removed from their Department of Justice report, commonly know as a Live Scan report,” said Higbee.

Article By Foundation Featured In Pittsburgh Post Gazette

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The Pittsburgh Post Gazette, the nation’s 35th largest and Pennsylvania’s 2nd largest newspaper, featured an op-ed written by Foundation Chairman Mathew Higbee. The op-ed discussed a proposed modification to PA’s expungement law sponsored by state senator Tim Solobay.

“At a time when the federal government is spending billions of dollars bailing out banks, manufacturers and foreign governments, Pennsylvania should take the opportunity to give thousands of Pennsylvanians a second chance by modernizing the way it treats criminal records. State Sen. Tim Solobay, D-Canonsburg, has introduced Senate Bill 1220 to do just that.”

Read more: http://www.post-gazette.com/pg/12009/1202251-109-0.stm#ixzz1jOFFq600