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My Clear Start

The Foundation for Continuing Justice and The Expungement Clearinghouse are helping former offenders

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The Foundation for Continuing Justice and The Expungement Clearinghouse are making donations totaling $2,000 to three incredible organizations that support second chances for former offenders and provide job training to disadvantaged people.
Expungement Clearing House
Taller San Jose Hope Builders is based in Santa Ana, California. The non-profit was founded in 1995 by Sister Eileen McNerney, a member of Sisters of St. Joseph of Orange. Hope Builders empowers disconnected young people, who are in danger of not reaching their full potential, with the job training and life skills needed to move out of poverty and achieve enduring personal and professional success. A $1,000 donation will be made to fund an Amigo Scholarship.

The University of Utah College of Law’s Pro Bono Initiative (PBI) is a one-of-a-kind noncredit volunteer program that provides students with the opportunity to build real world problem-solving skills in the service of their community. The PBI has a long tradition of helping former offenders return to the court to receive judicial clemency through criminal record expungement. A $500 donation will be earmarked to fund programs that continue this tradition.

Founded in 2010, the Unlocking DOORS Texas Reentry Network (“Unlocking DOORS”) is a comprehensive statewide diversion and reentry brokerage network that is committed to reducing crime and the ever-escalating fiscal impact to the State of Texas and its communities through coordinated collaboration, partnership, public awareness, reporting of evidence-based data and predictive trends, education, and training. A $500 donation will go towards program funding.

The Foundation for Continuing Justice is a non-profit project that provides free resources to former offenders. The Expungement Clearinghouse is a partnership formed by leaders in the background check and screening industry. The two entities work have been working together since 2013 to help solve the complex problem of judicially cleared records continuing to appear on private sector background checks.

Senate Judiciary May Block Firearm Rights Restoration Bill – AB 357

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Nevada is the only state in the west that does not allow former offenders to return to court and prove that they deserve to have their firearm rights restored. Yes, even liberal, anti-gun California allows it.

If enacted, AB 357, would correct this problem by allowing some former offenders to return to court and have their rights restored if they can prove with clear and convincing evidence that they deserve to have their rights restored.

It is estimated that the bill could positively impact tens of thousands of people. However, those convicted of serious violent offenses or those involving a firearm would not be eligible. There are also waiting periods that need to be met.

The bill, which was supported by a wide range of groups, including the NRA and ACLU, was approved by the Assembly with a 39 to 1 vote. However, the bill is stalled in the Senate Judiciary.

The word is that Senate Judiciary Chairman Greg Brower might not allow a vote on the bill.

To read the bill visist: https://www.leg.state.nv.us/Session/78th2015/Bills/Amendments/A_AB357_R1_603.pdf

Those interested in seeing this bill enacted should immediately call or email Senator Brower and Senator Michael Roberson, The Republican Majority Leader, and let them know that you want this bill to become law.

Senator Greg Brower
[email protected]
775-684-1419

Senator Michael Roberson
[email protected]
702-612-6929

Foundation Reaches 50,000 Members

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The Foundation for Continuing Justice (FFC) is a non-profit legal foundation that provides free resources for former offenders and information about expungement laws to policymakers and the media.

Membership in the FFCJ is free and all members receive the following benefits for free:

– Expungement law updates in the states they choose
– Information about applying for a pardon in all 50 states on Pardon411.com
– Ability to post expungement related questions on RecordClearing.org where licensed attorneys provide free answers.
– Expedited updates of commercial background checks when court records are expunged – Criminal Record Clearinghouse
– Ability to post stories and comments on the RecordClearing.org blog

The Foundation provides free research and advise to media and law makers. In 2013, the FFCJ provided expert testimony to multiple legislative bodies and policy papers to dozens of lawmakers. With expungement reform finally getting more attention, 2014 looks to be a bigger year for the FFCJ.

Joining the Foundation can be done online at http://www.recordclearing.org/wp-login.php?action=register

New Arizona Bill Would Greatly Improve Record Clearing Law

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UPDATE: (Posted 10/26/2018) HB 2057, specifically regarding amending ARS 13-907, was never voted on in 2014 and remained a dead issue never to be resolved. You may send comments or complaints directly to Senate representative John Kavanagh-AZ or to his replacement at:

John Kavanagh
Office Phone​: (602) 926-5170
Email: [email protected]
Official Website Arizona State Senate: https://www.azsenaterepublicans.com/john-kavanagh

Arizona Rep. John Kavanaugh has introduced a bill that would provide much needed reform to Arizona’s outdated and largely ineffective post-conviction relief law that allows for the setting aside criminal convictions. The bill, HB 2057, would give a judge the power to seal a criminal record that has been set aside if good cause is shown.

Under current Arizona law, many former offenders can petition the court to set aside their conviction, which dismisses the case pursuant to ARS 13-907. This law, which is similar to California’s expungement law (CA Penal Code 1203.4), does provide minimal relief to former offenders, however, it only changes the record, it does not conceal or destroy the record. As a result, former offenders in Arizona often find that they are subject to a lifetime of humiliation and discrimination when seeking housing and employment, even when they are on longer convicted of the crime.

The lack of a way for rehabilitated former offenders to truly seal or expunge their records in Arizona is particularly unsettling as Arizona courts and prisons make their records easily accessible via the internet.

This bill is currently in the House Judiciary committee. Most states have rejected or amended similar bills that allowed judges such broad discretion to seal records. It would not be surprising to see the bill amended to include a waiting period and added exemptions that would allow certain licensing authorities (for example the State Bar or Board of Nursing) the ability to continue to have access to the sealed records.

Recommendations:

– Add a waiting period that starts from the time an offender’s sentence is completed (excluding the payment of fines if the petitioner can demonstrate that they were unaware of the outstanding balance or unable to pay)
– Allow certain licensing authorities access to records if the offense was within seven years.
– Provide a more instructional standard than “showing of good cause.” A standard such as “upon a showing of rehabilitation by clear and convincing evidence” may be more useful and provide more guidance to petitioners and the court.
– Provide guidance as to when an offense should be set-aside. Arizona courts provide unequal treatment of requests for relief under ARS 13-907. While courts outside of Maricopa County approve the majority of requests, courts in Maricopa approve far less than 50 percent of requests.

HR 2057 amends ARS 13-907 to add the following:

E. ON REQUEST AND A SHOWING OF GOOD CAUSE, THE JUDGE, JUSTICE OF THE PEACE OR MAGISTRATE MAY SEAL THE RECORD OF A PERSON WHOSE JUDGMENT OF GUILT IS SET ASIDE. IF THE JUDGE, JUSTICE OF THE PEACE OR MAGISTRATE SEALS THE RECORD, THIS STATE AND ANY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE MAY NOT KNOWINGLY DISPLAY OR DISCLOSE ANY INFORMATION THAT IS INCLUDED IN THE RECORD OF CONVICTION ON A PUBLIC WEBSITE OR IN RESPONSE TO A PUBLIC RECORDS REQUEST. A PERSON WHOSE RECORD IS SEALED MAY REQUEST THAT THIS STATE AND ANY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE REMOVE FROM PUBLIC DISCLOSURE ANY INFORMATION THAT IS INCLUDED IN THE SEALED RECORD.

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.

Foundation ChairmanTestifies In Support of California Expungement Bill

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Mathew Higbee, Chairman of the Foundation for Continuing Justice, testified in favor of changes to California’s expungement law in front of the California State Assembly Judiciary Committee on Tuesday, June 25th. Higbee was speaking in support of Senate Bill 530 (SB 530), authored by Senator Roderick Wright.

Higbee told the committee that California’s current expungement law does not achieve the public policy goals often associated with expungement, because some employers still discriminate on the basis of expunged cases. “It is an incredible waste of human capital,” says Higbee.

The current version of the bill (which Higbee says will probably be amended prior to implementation) would increase the protections provided to those who have had their record expunged by preventing expunged convictions from appearing on most categories of the California Department of Justice Criminal Record Reports (commonly called Live Scan reports).

Senate Bill 530, which has already been approved by the Senate, was passed on Tuesday by the Assembly Judiciary Committee by a vote of 6 to 3. The bill must now be approved the Assembly Appropriations Committee before being forwarded to the floor for a vote by the full Assembly.

Mathew Higbee testifying before the California State Assembly's Public Safety Committee.

Mathew Higbee testifying before the California State Assembly’s Public Safety Committee.

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.

California Expungement Law SB530 – Mathew Higbee on the Committee on Public Safety

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Recordclearing.org has posted an important article for California expungement law. Lead contributor in support of Senator Roderick Wright’s bill, Attorney Mathew Higbee, is working towards expanding benefits for California’s current expungement law. Expected to be approved by the committee, SB 530 will provide greater benefits to former offenders.

Read more about the article at http://www.recordclearing.org/news/mathew-higbee-testifies-about-expungement-laws-to-california-state-senates-committee-on-public-safety/

Expungement Bill Passes in Indiana House

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RecordClearing.org has posted an interesting article about a proposed expungement bill in Indiana. Indiana’s expugement law is one of the strictest in the country. The current law only allows for the expungement of a record if a person was arrested, but no charges were filed in court. The law does not currently allow for expungement of a felony or misdemeanor conviction.

To read more about this bill please visit http://www.recordclearing.org/news/expungement-bill-passes-in-indiana-house/.