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Showing posts with label Felon expungement. Show all posts
Showing posts with label Felon expungement. Show all posts

Tuesday, December 22, 2020

How to get your criminal record sealed or expunged in Pennsylvania

How to get your criminal record sealed or expunged in Pennsylvania
CHARLES FOX / STAFF PHOTOGRAPHER


In the United States, there is an estimated total of between 70 million and 100 million people who have some type of criminal record. And for many of them, elements of everyday life such as finding an apartment or job, or applying for some types of public aid are often very difficult, if not impossible.

But depending on the charges or convictions on your record, and the length of time since your legal trouble began, you may be able to fully or partially clear your criminal record. But it’s not necessarily a straightforward process.

“Some people are able to navigate the process on their own,” says Jamie Gullen, supervising attorney with Community Legal Services of Philadelphia’s employment unit.

In Pennsylvania, the most common approach is filing a petition to have your record either expunged or sealed. But who is eligible, and how can you apply? Here is what you need to know:

What’s the difference between getting my record expunged and sealed?


The difference comes down to who can see your criminal record.

Sealing — or “limited access,” as it is known in Pennsylvania — only closes off your criminal records from public view, and doesn’t completely remove or destroy them. So, in some circumstances, they can still be accessed, such as by police, criminal court judges, and district attorneys, as well as by certain employers, (for example, if a job requires a federal security clearance).

If your record has been expunged or sealed, you no longer have to disclose that you have that record if you’re asked about it on things like housing or employment applications.

What types of records can be expunged?


Expungement is more limited, and applies to fewer kinds of records, Gullen says. Mostly, that means that only “non-conviction” records — records in which you were charged with a crime but not convicted of it — can be fully expunged.

Felonies and serious misdemeanors — such as those that involve violent crime and sexual offenses — generally cannot be expunged.

There are, however, a few other cases in which you can get a criminal records expunged, including:

Convictions for summary offenses, such as disorderly conduct and loitering, so long as you haven’t been arrested for five years since being convicted.
Crimes for which you completed a special program, such as the Accelerated Rehabilitative Disposition program, or the Small Amount of Marijuana Program.
If you are 70 years old or older and have been arrest-free for 10 years since being convicted, any conviction — misdemeanor or felony — on your record is eligible for expungement.
Additionally, Pennsylvania is one of the few states to offer “partial expungement,” meaning that, for example, if you were charged with 20 crimes and only convicted of one, the remaining 19 charges could be expunged.

What records are eligible to be sealed?


That’s a little more complicated. Pennsylvania has “automatic sealing” as part of our Clean Slate law, which doesn’t require you to do anything to have certain criminal records sealed. (Other records require that you file a petition, which requires some paperwork.

Generally, after certain periods of time, Pennsylvania’s Clean Slate law will automatically seal:

Non-convictions
Convictions for many second- and third-degree misdemeanors after 10 years without any further convictions
Summary offenses that are at least 10 years old.
(There is some overlap here with expungement, but even if your record is automatically sealed, you can still try to have it expunged if you need extra protections.)

Some convictions are automatically sealed but you can still petition the courts to seal it. Those, Gullen says, include some nonviolent first-degree misdemeanors, as well as some second- and third-degree misdemeanors. For example, if you have a second-degree simple assault charge, it may be eligible to be sealed if you file a petition, Gullen says.

In the past, to get your record sealed, you had to pay court fines and costs related to your case. But starting in January 2021, that rule doesn’t apply for petition-based sealing. And it’s been removed for automatic sealing starting in November 2021, according to CLS. (But if your case includes restitution, that must still be paid.)

“The rules around what is automated and what’s petition-based are quite complicated,” Gullen says. But one good resource is CLS’s MyCleanSlatePA.com website, where you can find guides and flowcharts that can help you determine your eligibility and options.

How can I get my record sealed or expunged?


The first step is to obtain your criminal record. You can find that on the MyCleanSlatePa.com site, or via the UJS Portal, which provides public access to court records, simply by entering in your own information. If nothing shows up, it’s possible that your record is already sealed, but if you need more assurance, you can get your full record from the Pennsylvania State Police via the “Request for Individual Access and Review” form.

From there, you can find whether you are eligible to have your record sealed or expunged. Then, Gullen says, the process for applying to have your record expunged or sealed is largely the same, just different paperwork. Both forms are available online, and require information like your name and address, as well as information about your records.

Next, you need to file the forms with the court in the county where your charges were filed. You have to pay a fee of $132 per form to file, (there can also be additional fees from the county where you are filing). If you are low-income, though, you may be able to file under an “In Forma Pauperis” status, which would waive any filing fees.

“In Philadelphia, once the petition is agreed to, it basically gets sent to a judge to sign off on, and the courts send that paperwork onto local and state police, and other agencies,” Gullen says. “It’s more complicated to figure out what’s on your record, and to figure out how to file everything than the actual processes after that.”

But if you need help, local legal aid organizations like CLS can review your record and go over your options. If you’re not in Philadelphia, PALawHelp.org can help you find your local legal aid group.

Can I get a pardon?


If your record can’t be sealed or expunged, that doesn’t mean that you are out of options. The remaining option is a pardon, which can be particularly helpful if you were convicted of a felony. A pardon allows you to say that you were never convicted of a crime if an employer asks. But they don’t automatically clear your record.

Getting a pardon is similar to filing for expungement or sealing, but you don’t have to pay a fee to apply, and you file directly to the Board of Pardons, not an individual county court.

The difficult part, Gullen says, is that you have to get court documents about your case — including the criminal complaint, plea or verdict and sentencing order — from the court in which the case was filed, and every county has a slightly different process to obtain those records.

Once you get your documentation and fill out your application, you should expect a lengthy wait. Gullen says that the process can take three to four years from start to end, so pardons generally don’t provide “immediate relief.”



Criminal Record - How YOU Can Get It SEALED Or EXPUNGED









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Wednesday, February 20, 2019

Scrubbing The Past To Give Those With A Criminal Record A Second Chance

Scrubbing The Past To Give Those With A Criminal Record A Second Chance Latosha Poston says she made a lot of mistakes in her life. Her legal troubles began in her teens after her first child was born in Indianapolis. Over the years, bad decisions led to some arrests, some convictions.
Barbara Brosher/Indiana Public Media

Latosha Poston says she made a lot of mistakes in her life. Her legal troubles began in her teens after her first child was born in Indianapolis. Over the years, bad decisions led to some arrests, some convictions.

"Sometimes we get stuck in our past and let our past guide us," she says.

The 44-year-old has worked hard to straighten out her life. But her criminal records — all involving misdemeanors — continued to haunt her as she tried to find a decent job and place to live.

Then, while watching the local news, she heard about Indiana's Second Chance law, passed in 2013. It allows people to petition to remove their misdemeanor convictions and arrests from public view.

Indiana is among several states to change their approach to the restoration of a person's rights and status after an arrest or conviction. In the last two years, more than 20 states have expanded or added laws to help people move on from their criminal records — most involve misdemeanors. Marijuana legalization and decriminalization have played a big role in driving these reforms. Fairness is another factor, with lawmakers from both parties rethinking the long-term consequences of certain criminal records, as well as the economic impact of mass incarceration.

There are also purely economic reasons to encourage the sealing of criminal records.

"It hurts communities, it hurts counties and it hurts states if their citizens cannot be productively employed or aren't part of the tax base," says American University law professor Jenny Roberts, who has written extensively on the collateral consequences of convictions. "So there's certainly an economic incentive for allowing people to move beyond their criminal record."

The state-level reforms have helped tens of thousands of people across the United States.

Poston of Indianapolis is among them. After working in home health care for nearly 20 years and making just over $11 an hour, she landed a much better-paying job in a hospital as an operating room assistant once her records were sealed.

"I felt like something was lifted off," she says of her case. "Because now I kind of felt like a human."

With background checks ubiquitous for jobs, schools, mortgage applications and more, even one conviction — and sometimes even just one arrest — can dog people for years, critics say, relegating them to permanent second-class status.

"No one should underestimate how much even the most minor of misdemeanor convictions — including marijuana or trespassing or any kind of conviction — can affect someone's ability to get a job, to get housing and to function fully in society," says Roberts, who also co-directs the Criminal Justice Clinic at American University in Washington, D.C.

Time for change

The reform trend reflects an emerging consensus that the social and economic problems created by mass prosecution and incarceration call for a fundamental reimagining of the criminal justice system.

While reformers largely welcome the moves by states, there's concern that a patchwork of laws as well as steep legal fees, prosecutorial foot-dragging and other barriers have blunted what is otherwise seen as a rare area of bipartisan, effective reform.


Scrubbing The Past To Give Those With A Criminal Record A Second Chance
The Expungement Help Desk in Indianapolis helps people with criminal records file petitions to get their records expunged or sealed.
Barbara Brosher/Indiana Public Media
"The states are really all over the map on this stuff, and they're all reinventing the wheel," says attorney Margaret Love, executive director of the Collateral Consequences Resource Center and an expert on clemency and restoration of rights.

She and others are calling on the National Conference of State Legislatures, the National Center for State Courts and the American Bar Association to study and share what reforms are showing the most promising outcomes.

"Right now it's getting harder for state legislatures to pick out a single approach," Love says. "We have to start looking at this in a more systematic way and look at what works best."

For example, there's a growing body of evidence that it undermines public safety if you don't help people move beyond their criminal records and participate in the workforce. Without that help, the chance of people returning to the criminal justice system increases.

One study estimates that the unemployment rate for formerly incarcerated people is more than 27 percent — far higher than the total U.S. unemployment rate during any historical period, including the Great Depression. The rate is even higher for African-Americans who've had run-ins with the law.

With the national jobless rate at historical lows, many companies are looking at new ways to hire additional workers. A recent survey showed that more than 80 percent of managers — and two-thirds of human resource professionals — "feel that the value workers with criminal records bring to the organization is as high as or higher than that of workers without records."

Indiana's example

As in many other states, the work of sealing and expungement in Indiana mostly falls to nonprofit legal groups and private attorneys. But in Marion County, the prosecutor's office has hired a full-time paralegal to process all requests. The county has had more than 11,500 people come through since legislators implemented the law.

While the mood nationally surrounding expungement has dramatically improved, some prosecutors and judges remain skeptical or outright opposed to records clearing. Philosophically they don't think those who've broken the law should get a clean slate.

So it helps a lot that in Marion County, which encompasses Indianapolis, Prosecutor Terry Curry fully supports the effort. He advocated for the law because he thinks people who've stayed out of trouble shouldn't carry the legal stain forever.

"If our goal is to have individuals not reoffend, then in our mind it's appropriate to remove obstacles that are going to inhibit their ability to become productive members of our community," Curry says.

While most cases in Indiana involve misdemeanors, judges have discretion with violent-felony petitions. Victims of those crimes also can give testimony. More serious felonies can be expunged eight or 10 years after the completion of the sentence.

Some crimes must have the prosecutor's written consent for expungement. Homicides and some sexual offenses are not eligible for expungement in Indiana and in most other states.

You can petition to have records for convictions expunged only once in your lifetime. If you are convicted of other charges later on, there's no chance of having them sealed.

While the process in Indiana and in other states seems simple, serious hurdles remain. Expungement can be time consuming and costly. There are filing fees for every petition — fees not everyone can afford.

In addition, the process can vary from county to county depending on cooperation from local prosecutors. Advocates in Indiana want lawmakers to make it easier for people to expunge their records — regardless of where they are in the state.

Getting the word out

Even more vexing — in Indiana and throughout the country — is the general ignorance about existing expungement laws. People just don't know they exist or how they work.

Public defenders from New York to Los Angeles say they have to do a better job of both getting the word out and pushing states to better fund these efforts.

At a recent LA-area expungement clinic, a man showed up who'd done significant prison time for a nonviolent felony. And he'd been off probation for more than five years. He still couldn't get a job. The man, who didn't want his name used, thought at first the expungement clinic was some kind of scam.

"He had no idea he could not only get it [the felony] expunged but reduced to a misdemeanor," says Los Angeles County Deputy Public Defender Lara Kislinger, who was helping him with the paperwork. "He just had no idea. And he was so grateful. And he's been having so much trouble finding a job. And we want people to be able to re-enter society and be productive members of society. And this was a case where it was so obvious it was holding up jobs — and life. And it's tragic."

Expanding public knowledge of sealing and expungement laws takes money and effort. Many public defender offices already are overwhelmed, understaffed and underresourced.

How long should a record last?

Across the nation, felonies are harder to expunge and involve longer waiting periods, and in many states, homicides and certain sexual offenses are almost impossible to expunge.
Scrubbing The Past To Give Those With A Criminal Record A Second Chance
Jay Jordan, 33, is the director of the #TimeDone/Second Chances project for the nonprofit Californians for Safety and Justice. The clinic involves public defenders who volunteer to help people get their criminal charges or records reduced or expunged.
Philip Cheung for NPR
There's a new push in some states to clear some felony convictions, especially nonviolent ones.

California has taken the lead in reducing incarceration and prosecution of certain low-level drug crimes and nonviolent felonies following the passage of Proposition 47 and other measures. Past offenders can petition a court to reduce their crimes to misdemeanors.

Supporters say it has helped reduce the prison population and racial disparities in the justice system while saving taxpayers money. Funds are redirected, for example, into support services such as drug treatment and counseling.

Others say Proposition 47, while a good start, is inadequate. Jay Jordan of Los Angeles served seven years in prison for robbery. He has been out now for nearly eight years and says he still faces daunting obstacles to full re-entry into society.

"You know, I tried to adopt and was turned down. Tried to volunteer at school and was turned down. Tried [to] sell insurance, was turned down. Tried to sell used cars, was turned down. So, you know, every single step of the way when I try to better myself and, you know, be able to take care of myself for my family, there are these massive barriers," Jordan says. "And I'm not alone."

Indeed, there are some 8 million formerly incarcerated people in California. In the U.S., it's estimated that there are some 60 million people with a criminal record, according to federal statistics. The majority are misdemeanors. One report estimates as many people have criminal records as college diplomas.

Jordan now works for a nonprofit that advocates for rights of the formally incarcerated. In their work, Jordan and others are asking the basic question — how long should these convictions be on people's records if they've done their time and are working to become good citizens?

Not everyone wants these reforms. In California, some want to roll back parts of the state's criminal justice reforms through a proposed 2020 ballot initiative that would, among other things, reduce the number of inmates who can seek earlier parole and reclassify some theft crimes from misdemeanors to felonies.

"Proposition 47 was approved overwhelmingly by California voters who understood that permanently punishing people for a past mistake is not reflective of our shared American values nor is it an effective safety strategy," says Jordan, who directs Californians for Safety and Justice's #TimeDone/Second Chances campaign.

"Everyone who has an old, low-level, nonviolent felony on their record that is eligible for reduction to a misdemeanor under Prop. 47 should be able to get relief, and we want to make that as easy as we possibly can for folks," he says. "People deserve the chance to overcome the mistakes of their past, and that road to redemption should be as smooth as possible."

Some Democratic lawmakers in California are pushing back with proposed legislation that would automate the expungement process for all felonies that are eligible for reduction under the law.

Legal experts like Roberts, the American University law professor, caution that the best solution might be for prosecutors to simply take fewer minor cases to court in the first place.

"I don't think you can have an actual conversation about sealing and expungement and decriminalization until you talk about less prosecution and less funneling of low-level misdemeanors into the criminal justice system," Roberts says.


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Explained: Misdemeanors, Felonies, Pardons, and Expungements


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Scrubbing The Past To Give Those With A Criminal Record A Second Chance




Eric Mayo

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Monday, January 21, 2019

Woman gets second chance with pardon


Woman gets second chance with pardon
Monica An­drade served 16 months in prison starting in 2002, fol­lowed by three years on parole.

Her crime? Man­u­fac­tur­ing a controlled sub­stance for sale, and child endangerment. More specifically, An­dra­de manufactured meth­am­phet­amine while her 13-year-old son was home.

Andrade completed her sentence and set out to change her life. She went to AV-East Kern Second Chance for help.

Michelle Egberts, an ex-felon herself, is founder and executive director of Sec­ond Chance. She ran “ex­pungement” workshops to help ex-felons clear their rec­ords. The two-hour work­shops are packed with information including the barriers people face as they work to clear their record.

“She educates on all the records that are out there,” Andrade said.

Expungement is a court-ordered process that allows an offender to seal or erase the legal record of an arrest or criminal conviction in the eyes of the law.

An individual is eligible for expungement if he or she committed a felony or misdemeanor and was not incarcerated in state prison, has fulfilled his or her probation, and was not convicted of an ineligible crime such as rape or child sexual abuse.

Andrade, 50, served time in prison, so she was not eligible to have her record expunged. But she was eligible for a Certificate of Rehabilitation.

A Certificate of Re­hab­il­itation is available only for people who have gone to prison. They can get it after a certain amount of time if they meet the criteria. If granted, the doc­ument restores some of the rights of citizenship that were forfeited as a result of a felony con­vic­tion. It also acts as an aut­o­matic application and rec­om­mendation for a pardon from the governor.

Andrade attended four or five of Egberts’ work­shops to begin work on get­ting her Certificate of Re­hab­ilitation. She re­ceived the document in December 2016.

“There is an 11-page ques­tionnaire just from the courts, from the DA’s office, that needs to be addressed, and if it’s not addressed cor­rect­ly you’re not going to get your COR,” Egberts said.

The application package includes character refer­en­ces from at least four peop­le who know you went to prison and have turned your life around. Andrade had at least 10 letters of rec­om­mendation. Andrade submitted her application for the pardon, including another seven pages of ques­tions, in August 2017.

Former California Gov. Jerry Brown signed An­drade’s pardon on Nov. 21.

“She’s our first pardon,” Egberts said.

Egberts estimated Sec­ond Chance has helped more than 2,000 people ex­punge their records since 2012.

“Everybody is eligible so I don’t discriminate,” Eg­berts said

However, she noted in­div­iduals who committed crimes such as murder, rape, or kidnapping are not eligible for a certificate of rehabilitation.

Andrade visited Egberts’ Mojave home to talk about her pardon and how she is working toward creating a bet­ter life for herself and her family.

Andrade’s 13-year-old son, Carlos Boquin, is now 30.

“He is my idol because he never gave up on me,” An­drade said.

Boquin continues to help his mother and her two youngest children, his sis­ters, after Andrade’s hus­band was deported back to Guatemala six years ago. She lives with Boquin and his family.

“It was either fall back and go back to my bad ways and repeat history again, or this time, my son said, ‘Mom, I’ll watch the kids, you go to school,’ ” An­dra­de said.

Andrade went to school. She received an associate of arts degree in 2014. She received a bachelor’s de­gree in criminal justice from California State Uni­ver­sity, Bakersfield in 2017.

She is working on her master’s degree in crim­in­al justice at Grand Canyon University. Andrade hopes to become a probation officer in the juvenile div­is­ion for the Los Angeles De­partment of Probation some­day. Her ultimate goal is law school.

“I’ve been through it; I’ve experienced it. So that now I can understand and I can relate, so that if anyone wants to talk to me I can be there for them, “ Andrade said. “That’s my goal — is to be there for someone else, to help someone else.”

Andrade got involved with meth because of a weight problem.

She weighed nearly 300 pounds at one point and was in abusive marriage. She started losing weight with the assistance of a doc­tor who prescribed fen­flur­mine-phentermine, or fen-phen, an anti-obesity treat­ment later found to cause potential fatal heart prob­lems that led to its with­drawal from the mar­ket.

Andrade met drug traf­fick­ers through her for­mer sec­urity job. They in­tro­duced her to meth to help her lose weight. The meth gave Andrade energy that kept her busy cleaning her house and helped keep the weight off. Andrade said she had children and could not go to the gym.

One thing led to another and Andrade eventually start­ed to cook her own meth. That eventually led to prison.

Andrade has seven chil­dren, The two oldest are boys and the rest are girls. At one point her five old­est children were taken away from her. All are now adults. Andrade has seven grand­children.

Andrade did not expect to get her pardon as soon as she did.

“It couldn’t come at a bet­ter time,” Andrade said.

After five years renting the same home, Andrade and her family face evic­tion.

“I don’t make a whole lot of money; none of us do,” she said.

Andrade is concerned that although she has a gov­ernor’s pardon, po­ten­tial landlords might see her rec­ord after a background check and deny her.

The background check will show what Andrade was convicted her and her prison term, along with her Certificate of Re­hab­ilitation and her pardon.

Egberts started AV-East Kern Second Chance with her former partner, Rich­ard Macias, a retired law en­forcement officer with 25 years’ experience. Macias now serves as director em­er­itus.

“Everybody deserves to be rehabilitated,” Egberts said.

Egberts was convicted in 2004 for grand theft. Her case involved more than $100,000.

“I have not been able to fiscally pay off my res­tit­u­tion. But I have done it and more by giving back to my community.” Egberts said.

Egberts is not proud of her crimes. She spent al­most three years in prison. When she left prison, she had a four-year degree in bus­i­ness administration with an understudy in mar­keting.

“Couldn’t find a job for nothing,” Egberts said.

Egberts still has not found a job. She has not cleared her own record.

“I haven’t had time,” she said.

That is because she con­tin­ues to help other felons. She no longer has a place to conduct the workshops, so she works from home. She walked across the room and picked up a package she received in the mail re­cently.

“There’s 13 cases in it from Long Beach,” Egberts said.

They do not make any money from Second Chance. Any money they do get goes toward supplies such as postage and ink.

“We’re looking for a home,” Egberts said.


Woman gets second chance with pardon

Explained: Misdemeanors, Felonies, Pardons, and Expungements




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Eric Mayo

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Monday, January 7, 2019

New 'clean slate' law gives some ex-offenders fresh hope on jobs, housing


New 'clean slate' law gives some ex-offenders fresh hope on jobs, housing
Pennsylvanians with old, low-level offenses on their records have fresh hope that past mistakes won’t cost them new jobs or housing.

As of Dec. 26, the state’s new Clean Slate Law allows people to petition to seal legal records in many misdemeanor cases that are more than 10 years old.

“Non-violent first-degree misdemeanors and most simple assault convictions became eligible for sealing, if the individual has not been convicted for 10 years and if no fines and costs are owed,” Sharon Dietrich, legislation director for Community Legal Services, explained in a press release.

A second phase of the law will kick in on June 28, when courts will begin automatically sealing records in eligible cases.

Here are answers to some key questions about the new law and how it works.

How is a criminal record sealed?

An ex-offender starts by completing a Petition for Order for Limited Access, a one-page form at the Self-Help Center at the county courthouse and online at www.pacourts.us/forms.

It asks for such information as the charges and the judge who imposed sentence.

If the offense happened in Lancaster County, the completed petition should be taken to the Clerk of Courts at the Lancaster County courthouse. There’s a $137 fee, but the indigent may seek a waiver.

Clerk of Courts Jacquelyn Pfursich said her office sends the petition to the judge who imposed sentencing and to the District Attorney’s Office. The district attorney has 30 days to challenge the petition, leading to a hearing before the judge. But if the district attorney doesn’t object, no hearing is needed.

District Attorney Craig Stedman said he expects that filing an objection would be rare, happening, perhaps, if facts on a petition were misrepresented.

Stedman called Clean Slate an overdue, crime-prevention measure because it promotes employment.

“If someone can have a job, they are tying themselves to the community,” he said. “That's a great indicator that the person is less likely to commit crime.”

For those who need it, free legal help is available through “My Clean Slate,” a program created by Community Legal Services in partnership with the Pennsylvania Bar Association. Volunteer attorneys will help to determine if someone is eligible for the provisions of the Clean Slate legislation, which went into effect on Dec. 26.

The program’s website is at https://clsphila.org/mycleanslatepa

What happens after the judge grants the petition?
The Clerk of Courts Office marks its record of the conviction: “Sealed. Not open for public inspection.”

The office also notifies the police department, the magisterial district judge, Lancaster County Prison and other agencies that they are prohibited from sharing the records.

How does automatic sealing work?

The new law creates an automated process to seal any arrest that didn’t result in a conviction, summary convictions after 10 years, and some misdemeanor convictions for those who've been law-abiding for 10 years.

For those cases, no petition needs to be filed starting June 28.

Instead, the Administrative Office of Pennsylvania Courts will pull eligible records from its database of all criminal records and submit them to the Pennsylvania State Police to check for possible conflicts. The ex-offender will get a letter saying the old record will no longer show up on background checks.

The state will remove eligible docket sheets from its online listing of criminal cases, but not the listing of fines and costs.

The state office will also notify the Clerk of Courts which of its records must be sealed.

Pfursich said she doesn’t know how many local cases could end up sealed. In 2018, a record 7,522 criminal cases were filed locally.

Are people taking advantage of the new law already?

About 700 people statewide petitioned to have their records sealed in the first week after the law took effect, Gov. Tom Wolf said at a news conference Wednesday.

But it's too early to predict the law's impact here, officials said.

In Lancaster County, there wasn’t immediately a noticeable increase in the number of petitions for offenses that fit within the margins of the Clean Slate Law, according to Steve Gumm, the executive director of the Lancaster Bar Association.

But the bar association is “very happy with the law's passage” and sees it as the right step for those whose old, non-violent offenses have created barriers for their lives.

Attorney Mark F. Walmer, who routinely handles cases for sealing, expunging or pardoning past offenses, said he believes the big change will be the phase of automated sealing, when petitions will no longer be needed for eligible offenses.

“The sealing statute will be good for people who have one or two very old misdemeanor offenses," he said.

Walmer noted that the responsibility for verifying that a record has been automatically sealed will fall on individuals. Under the law, only “non-controversial” offenses are automatically sealed; other cases — those that include multiple charges or have unpaid fees, for example — make it through the automated system.

“There are many different disqualifications," Walmer said. “Know exactly what is on your record, have it reviewed by an attorney.”

How big a difference will it make?

Tara Loew leads Lancaster CareerLink’s Re-Entry Services, which works with job-seekers who have criminal backgrounds.

That program serves about 600 people a year, she said, and overall, about a quarter of the people Lancaster CareerLink works with report some kind of criminal record.

Many employers ask about misdemeanor convictions, she said, and retail theft charges can be “extremely limiting” for job-seekers, “more so than felony charges in some cases.”

Loew expects the new law to have a big impact on job-seekers.

In addition to giving individuals that deserve it a second chance, she said, the law breaks down barriers to finding full-time life-sustaining employment — helping families thrive and contributing to the local economy and community safety, as someone gainfully employed is much less likely to reoffend.

She said it also helps employers who might be inclined to give applicants a second chance by taking liability away from them, because legally they’re hiring someone with a “clean slate.”

Loew also said CareerLink has recently held two free criminal record legal clinics for job-seekers, with MidPenn Legal Services, Lancaster Bar Association, Rep. Mike Sturla and the law firm Bentley, Gibson, Kopecki Smith P.C.

Attendees got a chance to have an attorney look over their records and see what their options might be, she said, and when possible were offered free continuing legal help.

The clinics were a hit, Loew said, and CareerLink now plans to offer them quarterly, capped at 30 attendees.

Can an employer ask about sealed records?

Attorney Jennifer Craighead Carey, chair of the Barley Snyder Employment Practice Group, said in an email that Clean Slate prohibits employers from requesting criminal history records that have been sealed and they may not rely on such information in making an employment decision.

The law also allows applicants questioned about sealed records to answer as if the offense did not occur, she wrote, recommending that employers use disclaimer stating that applicants “should not provide information about expunged or sealed criminal convictions.”

How do employers feel about Clean Slate?

Tom Baldrige, president and CEO of the Lancaster Chamber, said it hasn’t heard much from employers about the new law, but he believes they’re generally supportive of it.

“No one is looking for additional barriers to hiring people,” he said, noting that the current workforce need is the most acute he’s seen in 19 years with the chamber. “There are companies that are literally turning down business opportunities because they don’t have the workers, and that is relatively widespread.”

He doesn’t consider the law a game-changer for employers, he said, but does think it “gives some people who might have been hesitant to fully enter the workforce because of some past indiscretions the confidence to come back, and that’s a win-win.”

Harold G. Ford III of NetAtWork is president of Lancaster Society for Human Resource Management.

He noted that Clean Slate passed the Legislature with overwhelming bipartisan support and said, “I think that says really clearly this is really good for potential applicants but also for employers.”

Does it increase housing accessibility?

Ninety percent of the landlords that Tabor Community Services works with through its Community Housing Solutions program — an initiative of the Lancaster County Coalition to End Homelessness — have background checks as part of their screening process, according to organization president Michael F. McKenna and program manager Laura Willmer.

Although not the only criteria landlords are applying when screening tenants, past criminal offenses can create an additional barrier to affordable housing, McKenna said.

Tabor does not track the criminal records of those within their programs, but a significant number of those who have disclosed their background would fall under the Clean Slate law's parameters, Willmer and McKenna said.

“Some landlords will do a full background check and look for absolutely everything and others do not do one at all,” said Ann Linkey division manager at Tabor.

Usually, the criminal screenings are to find “violent and drug-related" offenses, Linkey said. The types of offenses that landlords and property managers find disqualifying vary.

“Some will look at a DUI and let it go if it was just that, others would say no,” she said.

Although her team does not track how many housing applications were rejected due to criminal background checks and what those offenses were, it does happen, Linkey said.

“It's a good thing for our clients who have those kinds of backgrounds," Linkey said of Clean Slate.

“It will complement the federal Fair Housing Act," Ray D'Agostino, chief executive officer at the Lancaster Housing Opportunity Partnership, said of the new law. In most cases, real estate decisions based solely on criminal records are already prohibited, he said.

This article originally published at https://lancasteronline.com  https://lancasteronline.com/news/local/new-clean-slate-law-gives-some-ex-offenders-fresh-hope/article_b70bdbf6-105b-11e9-9d7a-938b4041b090.html


New 'clean slate' law gives some ex-offenders fresh hope on jobs, housing


Expungement - A Way to Erase Your Criminal Record



I am a Felon! How to clear your Criminal Record





Companies Hire Felons | Companies That Hire Felons | Companies That Hire Ex-offenders | Employers That Hire Ex-offenders | Employers That Hire Felons | Jobs For Felons | Jobs For Ex-offenders | Jobs That Hire Felons | Resumes for Felons | Felon Friendly Jobs | Felon Friendly Employers | Jobs for Felons | Jobs For People That Have Felonies | Jobs For People With A Criminal Record | Expungement for Felons | Sealing of Records | Housing for Felons
Eric Mayo

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Thursday, August 16, 2018

The Truth About Felons, Ex-offenders, Expungement and Jobs

The Truth About Felons, Ex-offenders, Expungement and Jobs



Three years ago at the age of 22, I was arrested and charged with Burglary/With Assault or Battery (FL Statute 810.02-2a) and received a third degree felony. At the time I was in school to pursue my nursing degree; however, at this time I am unable to complete it because of my charge. I am soon to complete my probation and although I am currently working in a restaurant, I don't want that to be the end. I would actually like to find a career and not just any job I could take. Would you happen to know about sealed/expunging that would suit me? If I am unable to get it sealed, is there any professional careers that I may enter? I know this question has been brought up many of times, but I am looking for a second chance at restarting my life and being able to live independently.


Please help.


 Thank you.


The Truth About Felons, Ex-offenders, Expungement and Jobs

There are two points that I would like to make. First Sealing / Expungement is not the cure all many ex-offenders and felons believe it is. Every state has its own statutes regarding the sealing or expungement of records. Some believe that arrest and conviction records are totally erased and will never erased and will never be seen again.  In no case will that happen. Some states hide records from public view. Records will always be available to court systems, law enforcement and government agencies.  You will have to find out if expungement is available in your state and if so, how would it affect your convictions and how you could take advantage of these processes. I suggest you contact your local legal aid office. You may find low-cost or even no cost assistance. Once you find out that information, your second question will be a lot easier to answer.

Since records will always be available to government agencies, ex-offenders and felons may find it difficult to pursue careers that require licensing or certification. You may have to to do a little research to find out if your conviction will prohibit you from being licensed or certified in your state. In all other cases, I suggest that you apply for every job you feel otherwise qualified for.

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companies hire felons | companies that hire felons | Companies that hire ex-offenders | Employers that hire ex-offenders | employers that hire felons | Jobs for felons | jobs for ex-offenders | jobs that hire felons | places that hire felons | felon friendly jobs | felon friendly employers | how to get a job with criminal record | second chance jobs for felons | temp agencies that hire felons | high paying jobs for felons

 The Truth About Felons, Ex-offenders, Expungement and Jobs

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Monday, July 9, 2018

Erasing a criminal past for Felons

Jobs for Felons:  Can I teach with an old Felony?



Jobs for Felons: Can I teach with an old Felony?
I am a Black Man in America in 2018. I am having difficulty getting any employment because of a 1977 felony conviction. Since I got out in 1979, I got my college degree and two teaching licenses in two states-Indiana and Illinois. My “inability” to get employment seems as if this is nothing but a higher form of Jim Crow.

I realize that I am not by myself but this appears so unfair to people that are trying to live a totally new life.  So many people talk about “rehabilitation” but it seems as if it is just talk. I have also been a member of NA and AA for 32 years. I had a drug problem and I knew that if I resumed my habit, I would have returned to the penitentiary. I took care of that first because it was so important to do that.

I taught school for the public schools system for 13 years. I disclosed my felony conviction to the school system and it didn’t pose a problem to the system. Why is it posing a problem now?

I served my time and I have totally changed my life. Will I have to pay for this the rest of my life.  I was 26 years old when this happened and I am now 64 years old.

The law needs to be changed. Once a person serves his/her time that should be the end of it.
I don’t understand how I taught for the school system for 13 years and my background was disclosed.
There also has been no recidivism in my case. I can understand people going back to the penitentiary but I have only gone once. What I have done with my life should matter but it does not.  I always thought that the goal of incarceration was rehabilitation. Is it really?? Incarceration has become a viable business.

People can change their lives. By not allowing someone to change their life is such a grave mistake.
Why shouldn’t I be bitter? I will never give up in what seems as if an uphill battle. Racism is still here. I could care less about having a Black president.


 Jobs for Felons:  Can I teach with an old Felony?


Hello,

That's quite a story.  I'm not sure why you were let go after so many years even though you disclosed the conviction at the time of your hire.  As for having a Black President, the food he eats doesn't fill my belly.

Jobs for Felons: Can I teach with an old Felony?It's easy to be discouraged and start doubting yourself and society as a whole.  Instead, lets concentrate on some things that perhaps we haven't though about before as alternatives.  Don't give up hope of being a teacher.  In fact, you have already done the hard part.  You have a degree and you are already certified.  You have another very important quality.  You have experience and the wisdom and maturity of an older person.  All you will need now is to find teaching opportunities where your conviction will matter a lot less than it does to the public school system.

There are many alternatives to teaching in the public school system.  In fact I encourage many of my students who are ex-offenders and felons and also have college degrees to pursue teaching as a career.  Let's look at a few options.

Private Schools  - These schools are supported by a private organization or private individuals rather than by the government and therefore may have quite different eligibility requirements.

Career Schools - A career or vocational school is different from a four year college.  Instead of taking four years to get a degree, a vocational school allows students to get specialized training in specific career fields in two years or less.  These schools also require courses in general subjects like math, English and science just like traditional colleges.

Community Colleges - Community colleges, sometimes called junior colleges, are two-year schools that provide affordable education as a pathway to a four-year degree or a particular career.
Community colleges prepare students for jobs that require higher education or workforce training.  Typically community colleges work with employers to develop flexible, affordable and relevant training programs and partner with businesses which meet local commercial and regional economic needs. These colleges also have traditional degree programs.

Charter Schools - Charter schools are independent schools that have received a charter, which is a set of self-written rules and goals which determine how the school will be structured and run. Generally, they are able to organize a school that operates outside the control of the local school district but still funded by local, state, and federal tax money.  Essentially charter schools are free public schools that don't have to follow the same regulations as the local school district.

These are just a few options I can think of just off the top of my head. There maybe a lot more but this is a start.  If you are fortunate enough to get interviews, be prepared to talk about your conviction.  As I tell all of my students in your position, when asked about the conviction, briefly speak about it and how it has changed your thinking and your approach to life.

Focus the conversation on the time that has passed and what you have done since then to improve yourself and how you have used your own experiences to encourage young people not to make the same mistakes that you have.


Just don't let your recent stumble keep you from moving forward.

Best of luck to you.


 Jobs for Felons: Can I teach with an old Felony?


Jobs for Felons: The Facts about Companies that Hire Ex offenders and Felons (2018)



Jobs for Felons:  Can I teach with an old Felony?


companies hire felons | companies that hire felons | Companies that hire ex-offenders | Employers that hire ex-offenders | employers that hire felons | Jobs for felons | jobs for ex-offenders | jobs that hire felons | places that hire felons | felon friendly jobs | felon friendly employers | how to get a job with criminal record | second chance jobs for felons | temp agencies that hire felons | high paying jobs for felons


Eric Mayo

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Monday, June 25, 2018

Lady Felon has Hope for Medical Career

 Lady Felon has Hope for Medical Career

Lady Felon has Hope for Medical Career
I wanted to personally thank you for your information and motivational reassurance that with hard work and good intentions, there will be results.  I am a 32 year female and have had 11 years in the medical field specifically with management and administration.

My last job was the best by far working on a military base as a Tricare representative.  The Dept. of Defense made cuts across all 50 states and my position was eliminated.  Upon my return back home to California from Las Vegas, I allowed myself a little "vacation party time".  My choice one fateful afternoon does not represent  me professionally nor personally but just a "social choice,"  rather one of the biggest lessons in my life.  I am now faced with a Felony charge for possession and with no priors whatsoever, clean image, and of course I will be in excellent standing during my probation period of 2 years....I am now faced with the realization that the next few years and advancing my career in the health field will be impaired.  However not impossible. I will also add that I do not have an addiction and am actually a very nice, sweet, and caring girl.  Nevertheless these things happen for a reason and I want to be like you one day to share my experience and assist others in this unique situation.

With the assistance of my lawyer and definite proof of good behavior, we anticipate for the charges to be lowered to a misdemeanor charge, fees/fines paid for asap, and records to be sealed in 2 years.  I am reaching out to my network of resources in both private practice and small businesses.  There are things I can do to generate income but I want to still have my foot in the health field for my work record.  If it were not for your information regarding the Work Opportunity Tax Credit and Federal Bonding Program, I would not have the reassurance I have at this moment sitting at the library typing to you.  

I am going to get my hands on your book also to have as an additional resource.  If I ever get the opportunity to meet you Sir in person then I will thank you but as for now you are a beacon of light in my tunnel.  

I hope you and your family are well Sir. 


Sincerely,

 Michelle


 Lady Felon has Hope for Medical Career

 

Hello Michelle,

Thank you for your kind words.  I tell every ex-offender I meet who is looking for a job is to put a plan together and follow through with it.  Work the plan and never give up.  

Everyone may not have the resources to hire a lawyer, but there are places to go for help.  Your local legal aid office is a good place to get low-cost or even free legal advice regarding the possible downgrading of their charges or expungement if available.  The thing about expungement is, even if it is granted, your record will always be available to law enforcement, government agencies and the court system.  

As I advise any felon looking for a medical career.  Please check with the medical board in your state to see if your conviction will keep you from being licensed or certified.  

Probation and parole officers often have information about serviced available in your area that could offer assistance to ex-offenders and felons looking for jobs.  

Having a criminal record is not the end of the world.  It may make getting hired a bit more difficult but with a plan and hard work, you can overcome a bad situation.  Felons and ex-offenders a get jobs everyday so don't give up!

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 Lady Felon has Hope for Medical Career



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   Lady Felon has Hope for Medical Career


companies hire felons | companies that hire felons | Companies that hire ex-offenders | Employers that hire ex-offenders | employers that hire felons | Jobs for felons | jobs for ex-offenders | jobs that hire felons | places that hire felons | felon friendly jobs | felon friendly employers | how to get a job with criminal record | second chance jobs for felons | temp agencies that hire felons | high paying jobs for felons | Medical Jobs for Felons


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