Tag: clean slate

Clean slate expungement bill passes in Missouri

On May 15, the Missouri legislature gave bipartisan approval to a measure mandating automatic expungement of felony and misdemeanor drug possession convictions, and convictions for unlawful use of drug paraphernalia. If SB 1421 is approved by the governor, felonies will be expunged after three years without a new conviction, and misdemeanors will be expunged after one year.  A person is limited to three misdemeanor and two felony expungements under the bill, combined with existing expungement laws. The bill sets forth detailed provisions for its administration, both by the courts and by the state highway patrol.  It is to be effective “when technically feasible,” but “no later than January 1, 2027.” Since 2018, Missouri has provided for expungement by petition for a wide range of convictions, with some of the shortest waiting periods in the country.  In addition, in 2022 Missouri voters approved by ballot initiative one of the broadest marijuana relief laws in the Nation, legalizing possession of up to three ounces of marijuana, and at the same time authorizing expungement of more serious marijuana convictions and commutation of prison sentences imposed for crimes involving marijuana.  Missouri’s record clearing laws, including those approved in the 2022 balllot initiative, are described in detail in the Missouri profile from our Restoration of Rights Project. We will be back with further news when the governor takes action. Read more

Maine governor vetoes clean slate bill

On April 29, Maine governor Janet Mills vetoed a bill that would have authorized automatic sealing of many misdemeanor convictions after five conviction-free years, and made Maine the 14th state to adopt a “clean slate” record relief measure.  Efforts to override her veto failed, but supporters of the failed record relief bill vowed to bring it back in the next legislative session. Our recent annual report notes that Illinois became the 13th “clean slate” state when Governor Pritzker signed it into law in January.  The Illinois law’s provisions are explained in a post we published last fall. In support of her veto, Governor Mills’ letter cited the bill’s extension to domestic violence convictions, as well as recurring concerns held by opponents of automatic sealing: cost and constitutionality. There are several significant problems with the legislation. First, as drafted, L.D. 1911 would mandate the sealing of records for Class D domestic violence assault – a result that is plainly contrary to the public interest. Second, a ruling by the U.S. Court of Appeals for the First Circuit strongly suggests that categorically sealing criminal records without conducting a case-by-case review of the circumstances violates the First Amendment. Third, this legislation would commit the State to hiring seven permanent employees to conduct the work of sealing records. Only a fraction of this cost has been appropriated. This is a significant on-going expense that could be avoided by allowing interested persons to request that their records be sealed, rather that requiring the Judicial Branch to seal all records eligible records as a matter of course. The bill’s supporters argued that the inclusion of domestic violence convictions was an acknowledged clerical error that would have been corrected in the implementation process, and that the governor’s other objections (cost and constitutionality) were overblown, and outweighed by the advantages for the many Maine citizens who stood to gain from the bill, which had been passed with bipartisan support.  They pointed out that the petition-based sealing process enacted in 2024 is rarely used, largely because of the difficulties faced by individuals navigating the judicial process.  The bill would have given thousands of deserving Mainers new opportunities for employment and housing. While efforts to override the governor’s veto fell short this year, the bill’s primary sponsor stated that “There is a commitment to working in a future Legislature on bringing this proposal back. . . .  A lot of the groundwork, momentum and excitement for this has been growing.”   Read more

California poised to expand record clearing to cover most felonies

NOTE: On September 29, Governor Newsom signed into law both of the bills discussed in the post below. They will take effect on January 1, 2023.    California Governor Gavin Newsom is expected to sign this week two bills that will give that state the broadest record-clearing laws in the nation. Senate Bill 731 would extend both automatic and petition-based and record relief to felony-level offenses, while Senate Bill 1106 would preclude denial of relief based on outstanding court debt in most cases. When signed into law, Senate Bill 731 will place California at the forefront of record clearing nationwide. It would expand automatic record relief to all felony non-convictions since January 1, 1973, six years after the date of arrest. California law currently excludes felony arrests from eligibility for automatic relief if the charge is serious enough to potentially result in incarceration at a state prison. Other felony non-convictions remain eligible for automatic relief after three years unless the charge was punishable by eight years’ incarceration or more in a county jail, for which the new six-year wait period applies. SB 731 also expands eligibility for automatic relief to persons convicted of a felony and sentenced to probation on or after January 1, 2005, if they violated probation but later completed all terms of supervision. Current law excludes from relief anyone who violated their probation. The new law requires a four-year conviction-free period after completion of the sentence. This expansion of automatic relief does not apply to certain serious and violent felonies, and ones for which the person is required to register as a sex offender. As noted below, all but the last-mentioned category will now be eligible for relief by petition. Even before enactment of SB 731, California is one of only six states in the nation to extend automatic record relief to felony convictions (Connecticut, Colorado, Delaware, Michigan, and New Jersey are the others). The four-year waiting period in the new law is the most progressive in the country for automatic relief, though some states have shorter waiting periods for petition-based relief. For a comparison, see CCRC’s recent report, “Waiting for Relief: A National Survey of Waiting Periods for Record Clearing,” and our Restoration of Rights Project’s 50-State Comparison for automatic record clearing. The automatic relief provisions of SB 731 would take effect on July 1, 2023, subject to an appropriation in the legislature’s annual budget act. California has reportedly had some difficulty in effectuating the automatic provisions enacted in 2019 and 2021, so this promised new date for a large number of additional records must be taken with a grain of salt. According to a December 2021 op-ed (paywall) by Ericka Adams, an associate professor of criminal justice at San Jose State University, differing records at the state and county level have led to implementation issues for recent marijuana expungement legislation in California. In addition to its provisions for automatic relief, SB 731 authorizes a major expansion to petition-based record relief. A person with any felony conviction can petition for relief two years after completion of their sentence, except if the person was required to register as a sex offender. Previously, California law excluded felony convictions that resulted in a state prison sentence from any type of record relief. Notably, this expansion of petition-based relief applies only to convictions obtained on or after January 1, 2021. The second bill awaiting the governor’s signature, Senate Bill 1106, expands record relief eligibility by removing a court’s discretion to deny a petition for record relief because of a person’s unpaid victim restitution or unpaid fine. The law adds language saying, “An unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief” to sections of the code that allow record relief by petition. The law also adds a section stating that “an unfulfilled order of restitution or a restitution fine shall not be grounds for finding that a defendant did not fully comply with and perform the sentence of the court.” Because automatic relief for convictions requires successful completion of probation or supervision, this section of SB 1106 suggests payment of restitution or restitution fines may not be required to qualify for automatic relief. Fines and fees are a significant barrier to record relief in many states. For more on this topic, see this report, “The High Cost of a Fresh Start,” by CCRC and the National Consumer Law Center. In addition to the record relief expansion provisions, SB 731 prohibits the Commission on Teacher Credentialing from considering drug possession convictions when they’re more than five years old and record relief has been granted. The new law also requires the California Department of Justice to provide criminal history information to public and private schools and other contracted entities where background checks are required. Read more

Oklahoma enacts automatic record clearing law

On May 2, 2022, Oklahoma Governor Stitt signed into law a comprehensive process making expungement automatic for all otherwise eligible misdemeanors and a range of non-conviction records.  See HB 3316, enacting 22 Okla. Stat. Ann. § 18(C).  Oklahoma thus becomes the tenth state to join the bipartisan trend toward broadening the availability of record clearing to people with convictions, without requiring them to file a petition and go to court for relief.  In addition to these states, another 10 states now make expungement automatic for non-conviction records.  The Oklahoman reported that the “clean slate” bill passed the House and Senate with strong bipartisan support, with a combined five votes against, and it was promptly signed into law by Oklahoma’s Republican governor.  The bill’s primary sponsor Rep. Nicole Miller, R-Edmond, said that “There was certainly a general consensus that, you know, this this isn’t anything that’s partisan related; what it’s about is it’s about humans. So this is really a measure to help people.”  Under Oklahoma law expunged records are sealed, but remain available to law enforcement and may be used in subsequent prosecutions.  Any record that has been sealed may be ordered “obliterated or destroyed” after an additional 10 years.  § 19(K).  Oklahoma also authorizes its courts to expunge up to two non-violent felonies, andn also pardoned felonies, but these were not included in the new law (styled “clean slate”).  The law is effective November 1, 2022, and the process for automatic expungement is to commence three years after that date.    The Oklahoma process for expunging records without a petition is spelled out in a new § 19(B): the Oklahoma Bureau of Criminal Investigation must provide a list of eligible cases to the prosecutor on a monthly basis for a 45-day review.  The prosecutor mayh object only for specified reasons:  the case does not meet the definition of a clean slate eligible case; the individual has not paid court-ordered restitution to the victim; or “the agency has a reasonable belief, grounded in supporting facts, that an individual with a clean slate eligible case is continuing to engage in criminal activity, whether charged or not charged, within or outside the state.”  A list of cases as to which there has been no objection is then sent to the court for expungement.  The court must expunge all cases on the list sent to it, and notify all agencies holding records directing them to expunge as well.  The law does not provide for notifying individuals in case of prosecutor objection, or after their record has been expunged, al though the state supreme court and the BCI are authorized to make rules governing the process.  The BCI is required to provide to the legislature a list of individuals whose records have been expunged on an annual basis.  Oklahoma is the latest state to enact so-called “clean slate” relief, extending record clearing to all eligible individuals without requjiring them to file a petition and go to court. There are now five states that authorize automatic record clearing for a range of misdemeanor convictions: Oklahoma, Pennsylvania, Utah, South Dakota and Virginia.  Five additional states also authorize petition-less record clearing relief for a range of felonies (California, Connecticut, Delaware, Michigan, and New Jersey), though none of these schemes has yet come on line.  Five more states authorize record clearing for certain marijuana convictions.  Counting Oklahoma, there are now a total of 20 states that clear most non-conviction records without requiring their subject to file a petition, and another nine states that make non-conviction relief mandatory upon request.  See the 50-state chart in record-clearing from the Restoration of Rights Project.       Read more

Delaware governor signs automatic record-clearing law

Delaware lawmakers passed two bills this year that overhaul access to second chances, making it easier for more than 290,000 people to move beyond the collateral consequences of a criminal record.  The two pieces of legislation – Senate Bill 111 and Senate Bill 112 – expand access to Delaware’s mandatory expungement process effective January 1, 2022, and make mandatory expungement automatic (or “Clean Slate”) by August 2024. State Senators passed the bills unanimously in April and the House of Representatives followed suit — approving the bills by an overwhelming majority during the late stages of the legislative session in June. Both bills were signed into law by Governor John Carney on Monday, November 8, 2021 — making Clean Slate a reality in Delaware. (The specific records that will be subject to mandatory expungement starting in 2022 are described later in this post.) Delaware is most recent addition to the growing number of states in the nation to make record clearing automatic for at least some convictions, so that eligible individuals will no longer be required to complete a burdensome and expensive petition-based process to get their record expunged. (Several other states have automated expungement exclusively for marijuana convictions.) Sen. Darius Brown of Wilmington sponsored the bills, and a variety of stakeholders and advocates, including the Office of Defense Services, the Delaware Department of Justice, the ACLU of Delaware, the Delaware Center for Justice, the Game Changers, the Delaware Coalition for Smart Justice, the National Clean Slate Initiative, the Center for American Progress, Code for America, the R Street Institute, and JP Morgan Chase supported the bills’ passage. While the bills were being considered in the General Assembly, many impacted individuals came out to support SB 111 and 112 and provided critical testimony that resonated with lawmakers and pushed the bills forward. Advocates and directly impacted people organized coalitions of leaders in each of Delaware’s three counties in support of the legislation and held events across the state highlighting the collateral consequences faced by the estimated 400,000 Delawareans living with a record. Combined with previous legislative measures, SB 111 and 112 will have an enormous impact on people, families, and communities across the state. In 2018, the General Assembly passed a major juvenile expungement bill, giving Delaware Family Court the option to immediately expunge a felony arrest record if a child’s case is terminated in their favor. Then in 2019, the General Assembly passed a landmark bill expanding access to second chances for adult Delawareans by creating the mandatory and discretionary expungement processes for most misdemeanors and felonies after a 3-7 year waiting period (depending on the underlying crime) without another conviction. Prior to the enactment of the 2019 law, second chance opportunities for adults were very limited. Individuals could only obtain an expungement for an arrest that never resulted in a conviction or a small number of convictions after they received a pardon. The Paper Prisons Initiative estimates that up to 400,000 people in Delaware live with a record. With 9 out of 10 employers, 4 out of five landlords, and 3 out of 5 colleges running background checks, records create obstacles to accessing jobs, housing, and education. Records also prevent people from starting a business because they cannot access credit and impact individuals’ ability to fully participate in social and civic community life. Delaware has greatly expanded avenues to expungement in recent years, but the process is still complicated, time intensive, and cost prohibitive. The State Bureau of Identification, the agency responsible for processing mandatory expungements, states that 281,190 people with a record in Delaware are eligible for a mandatory expungement under the current law, which extends to non-conviction records and less serious misdemeanors. However, only .4 percent of eligible individuals (or just over 1100 individuals) obtained a mandatory expungement in 2020. Clean Slate legislation will eliminate this large gap between eligibility and true access to a second chance by automating the process and ensuring that people have access to the economic opportunities they deserve. Under SB 111 and 112, more than 20 percent of Delaware’s population – and 290,000 people overall – will have access to automatic expungements and Clean Slate. As the state moves forward with implementing SB 111 and 112, organizations such as the Delaware Office of Defense Services, Delaware Center for Justice, ACLU of Delaware, Game Changers and others are focused on community engagement and education. In addition, expungement events are in the works and will be held throughout the state. What the bills do: Senate Bill 111 automates Delaware’s pre-existing mandatory expungement process, making Delaware the most recent addition to the growing number of states in the nation to enact automatic record clearing applicable generally to at least some convictions. (Several other states have automated expungement exclusively for marijuana convictions.) As in other states, the implementing agencies in Delaware have several years to promulgate and establish procedures, with a deadline of August 1, 2024. Upon implementation, Delaware’s State Bureau of Identification must identify qualifying criminal histories for clearance monthly. Eligibility for Clean Slate is based on the state’s mandatory expungement provisions, which allow certain arrests, adjudications, and convictions to be expunged after set periods of time. Senate Bill 112 is a companion bill to Senate Bill 111 and expands the pool of records eligible for mandatory expungement. This bill, which is effective January 1, 2022, authorizes the clearance of certain low-level felony convictions through a mandatory expungement process, a first for Delaware. Previously, Delaware law required individuals seeking expungement of any felony conviction to pursue a more costly, complicated, and court-based discretionary expungement. Specifically, SB 112, amended by Senate Amendment 1, makes these felony convictions eligible after 10 years, unless otherwise noted: Drug possession (after five years have passed) Miscellaneous drug crimes Unlawful dealing in a counterfeit or purported controlled substance Maintaining a drug property Possession of burglar’s tools or instruments facilitating theft Forgery in the second degree Unlawful use of payment card Senate Bill 112 also allows for the expungement of convictions or adjudications for underage possession or consumption of alcohol; possession of marijuana; or possession of drug paraphernalia to be always expunged, regardless of a person’s prior criminal history. SB 112 takes effect on January 1, 2022. The bottom line: After August 1, 2024, every person eligible for mandatory expungement is also eligible for Clean Slate. This means that following the completion of an individual’s case or sentence Delaware will automatically expunge cases terminated in one’s favor, all violation convictions, certain misdemeanor convictions, and certain felony cases with a single conviction after a set period. Most juvenile arrests and adjudications are also eligible for mandatory expungement after certain timeframes. In general, the juvenile expungement statutes are more expansive than the adult statutes. Want to learn more about mandatory expungement? Eligibility for mandatory expungement in Delaware can be difficult to understand. Some general guidelines are below: First, a person needs to go to the State Bureau of Identification to obtain their certified criminal history. This costs $52. There are three locations across Delaware. Next, SBI shares an official determination of eligibility and will contact the individual via mail. If the person is eligible for a mandatory expungement, they must communicate to SBI that they would like to expunge their record within thirty (30) days. This request requires an additional $75. That process is completed by the SBI and the records are expunged. If their record is not eligible for mandatory expungement, they may petition the Court under the discretionary process. The bills passed this year did not change the discretionary expungement process. Generally, a person is only eligible for mandatory expungement in Delaware if the following things are true (new changes made by SB 112 are bolded): Cases terminated in favor of the accused or cases in which a person has not been found guilty or delinquent can always be expunged, regardless of a person’s criminal history. The person has been convicted or adjudicated of a qualifying offense, which are violations, certain misdemeanors, and a select group of felonies. Domestic violence-related offenses and driving offenses, such as DUI, do not qualify for mandatory expungement. Most adult felony convictions, and certain adult misdemeanor convictions are not eligible for mandatory expungement. However, Delaware has a court-based petition system for these offenses known as discretionary expungement. The individual does not have any pending cases. The qualifying conviction or adjudication is the only case on the individual’s criminal history (there are exceptions for non-convictions, violations, underage drinking, and marijuana-related offenses and juvenile adjudications). The person has completed the term of their sentence and paid any fines, fees, and restitution related to the conviction (fines/fees can be converted to a civil judgment). Jon Offredo is the Legislative and Communications Director for the Delaware Office of Defense Services. The ODS is the state agency that represents individuals who cannot afford an attorney. Previously, Jon worked as a reporter with the Delaware News Journal. John Reynolds is with the ACLU of Delaware as the Campaign Manager for Clean Slate Delaware. John is a committed advocate for racial justice and graduate of UCLA School of Law with a specialization in Critical Race Studies.   Read more