Legislative Victories:

Size: px
Start display at page:

Download "Legislative Victories:"

Transcription

1 Recent California i Reentry Legislative Victories: The Good, The Great, and The Complicated December 12, pm 1:30 pm

2 Agenda Introductions & Info Court-Based Criminal Record Remedies ed es AB 651 (New Realignment Remedy) Meredith Desautels SB 530 (Certificates of Rehabilitation) Eliza Hersh People v. Parker CT Turney /1203.4a 4a forms (CR 180 & CR 181) Eliza Hersh Reentry & Employment Law AB 218 (Ban the Box) Michelle Rodriguez SB 530 (Reporting to Employers) CT Turney Other Reentry Law SB 513 (Diversion Programs and Record Sealings), AB 625 (Acceptance of Inmate ID Cards), and AB 720 (Skinner - Inmate Healthcare Enrollment) Jesse Stout Q & A Closing and CLE Information

3 Panelists Tanya Koshy EBCLC, Clean Slate Practice Meredith Desautels Lawyers Committee for Civil Rights Eliza Hersh EBCLC, Clean Slate Practice CT Turney A New Way of Life Michelle Rodriguez National Employment Law Project Jesse Stout Legal Services for Prisoners With Children -

4 Webinar Info The material in this presentation is general information only and does not constitute legal advice. Please use these materials in a manner consistent with our mission: To advance the rights of people with criminal records, and to provide them with high-quality, free or low-cost reentry legal services. CLE Credit info at conclusion of webinar. Contact Webinar materials will be posted at ebclc.org and nelp.org, and circulated to the California Reentry Legal Services Listserv

5 CA Reentry Legal Services Info Continue the Conversation: Join the Reentry Listservs California Reentry Legal Services Providers Contact: National Employment Law Project - Criminal Records Group Contact: California Reentry Legal Services Referral Information: California Reentry Legal Services Referral Information: Interactive Map: ebclc.org/reentry_legal_services.php

6

7 Court-Based Criminal Record Remedies Updates AB 651 Meredith Desautels SB 530 Eliza Hersh People v. Parker CT Turney CR 180 & CR 181 Eliza Hersh

8 AB 651: Realignment & Dismissal Remedies Meredith Desautels, Staff Attorney, , ext STEUART STREET, SUITE 400 SAN FRANCISCO, CALIFORNIA (415) COM

9 AB 651 Authored by Assemblymember Bradford Co-Sponsors: ACLU East Bay Community Law Center A New Way of Life Reentry Project Lawyers Committee for Civil Rights First introduced in 2012 (AB 2263), signed into law on October 13, 2013 Goes into effect January a 1, 2014.

10 Penal Code In general, mirrors Penal Code (dismissal relief for probationers) Eligibility: Applies to convictions with Realignment sentences imposed under Penal Code 1170(h) Felony sentences under Realignment: News laws established county jail sentences for lower-level level felonies to address prison overcrowding To get a Realignment sentence: Offense must be non-serious, ous, non-violent, oe non-sex offense, and Defendant must have no prior serious, violent or sex offense Realignment sentencing options: (PC 1170(h)(5)) Jail term Jail followed by mandatory supervision i by county Probation Dept. Must not be currently facing charges, serving a sentence, or on probation for any offense

11 Penal Code Timing: (PC (a)(2)) For straight jail sentences: Eligible for relief 2 years after completion of the sentence For split sentences that include mandatory supervision: Eligible for relief 1 year after completion of the sentence Standard: Relief is discretionary with the court, subject to the interests of justice standard People v. McLernon, 174 Cal. App. 4th 569, 577 (2009) Retroactive: Applies to any conviction before, on, or after January 1, 2014 (PC (c))

12 The Dismissal i Process Determining Eligibility RAP Sheets Court files Petitioning the Court Judicial Council form Supporting documentation Petitioner s Declaration Letters of Support Other evidence of rehabilitation Filing fees or fee waiver Notice to the DA 15 days (PC (e)) Hearing

13 Impact of a PC Dismissali Same legal remedy as PC Plea or verdict set aside Accusation dismissed, releasing petitioner from all penalties and disabilities Statutory Exceptions ( (b)): May be used as a prior Must disclose in response to question regarding public office or licensing or contracting with Lottery Commission Does not reinstate firearm rights Does not reinstate eligibility for public office Additional limitations similar to PC will apply Ex: no impact on federal immigration consequences

14 Advocacy related to additional collateral consequences SB 530 Labor Code prohibits employers from asking about dismissed convictions Licensingi Various statutes and regulations may give weight to dismissals under PC Under EPC grounds, should be given same consideration

15 SB 530 (Senator Wright) Certificates of Rehabilitation Clean Slate - East Bay Community Law Center Eliza Hersh - 15 East Bay Community Law Center

16 SB 530 (Senator Wright) Certificates of Rehabilitation OVERVIEW Current law: A court may grant a Certificate of Rehabilitation (COR) after a requisite period of rehabilitation Mandatory rehabilitation period is 7 years, 9 years, or 10 years depending on the offense PC SB 530 s change: A court can now grant a COR before the applicable period of rehabilitation Effective January 1, East Bay Community Law Center

17 SB 530 (Senator Wright) Certificates of Rehabilitation TEXT SEC. 2: Section is added to the Penal Code, to read: : Except in a case requiring registration pursuant to Section 290, a trial court hearing an application for a certificate of rehabilitation before the applicable period of rehabilitation has elapsed may grant the application if thecourt court, in its discretion, believes relief serves the interests of justice. Full text and analysis: 17 East Bay Community Law Center

18 SB 530 (Senator Wright) Certificates of Rehabilitation MORE DETAILS Does not apply to any misdo sex offenses 10 year waiting period is still mandatory Clients who SB 530 will help: Example 1 John was released from prison in 2009 following his conviction for Penal Code 245, which has a statutory rehabilitation period of 7 years. John hasmadegreatstrides strides since his release. After January1,2014,a a judge may grant his COR petition if doing so serves the interests of justice. Example 2 Laura was released from prison in 1993 following a conviction for drug sales (7 year rehab period). She had no contact with law enforcement until a DUI in After January 1, 2014, a judge may grant her COR petition if doing so serves the interests of justice. 18 East Bay Community Law Center

19 SB 530 (Senator Wright) Certificates of Rehabilitation COR BACKGROUND A COR is the only court based reentry record remedy available for: Convictions that resulted in a state prison sentence* Certain misdemeanor sex offenses A COR is one of two paths to a governor s pardon Once granted by a trial court, a COR becomes and automatic application for a pardon The other path is a direct Pardon A COR is an end in itself Can help people p in careers requiring licensing/certification In some cases relieve 290 (sex offender) registration requirement * But note: non prison felonies may also be eligible for a COR. 19 East Bay Community Law Center

20 SB 530 (Senator Wright) Certificates of Rehabilitation LIMITS of CORS WEIGH RISKS & BENEFITS WITH CLIENT BEFORE FILING A COR does not allow your client to say no convictions on job applications A COR is not a pardon A COR does not seal or expunge the record, nor remove it from public court files A COR does not restore firearm possession rights People who lost voting rights (while in prison or on parole) are eligible to vote once off parole. No COR/pardon is required to restore voting rights COR investigation may be invasive 20 East Bay Community Law Center

21 F E Yes Client is ineligible for a COR in any case. Client is possibly eligible to petition the Governor directly for a pardon.¹ Have the requisite rehab period passed since Client was released from prison?² Was Client ever convicted of any of the following: 288, 288a(c), 286(c), 289(j), or 288.5? Yes No Was Client sentenced to California state prison in this case? No Was Client convicted of a wobbler felony in this case? L O Client N p I E Client is currently ineligible unless an early COR serves the interests of justice. See PC Yes No is currently ineligible unless an early COR serves the interests of justice. See PC No Yes Has Client had any negative contact with law enforcement during the rehab period? No Have all of Client s other eligible convictions been dismissed per /1203.4a/ ? Yes Yes Consider a 17(b) felony reduction, relief, and a misdemeanor COR petition. No Best practice (not a statutory requirement) is to have all eligible convictions first dismissed per /1203.4a/ No No Has this conviction been dismissed per /1203.4a/ ? Yes Have all of Client s other eligible convictions been dismissed per /1203.4a/ ? Best practice (not a statutory Has Client continuously resided in Best practice (not a statutory Has Client served any time in jail or requirement) is to have all eligible California for the last 5 years? requirement) is to have all eligible prison in any case since this convictions first dismissed per convictions first dismissed per conviction was dismissed per /1203.4a/ /1203.4a/ ? No 5 years of continuous CA residence immediately preceding COR petition required. Client is currently ineligible unless an early COR serves the interests of justice. See PC Yes Yes Client is eligible to apply for a Client is ineligible for a COR in this Has Client had any negative COR! 3 case. contact t with law enforcement during rehab period? Yes No Yes No S 21 No Client is currently ineligible unless an early COR serves the interests of justice. See PC years of continuous CA residence immediately preceding COR petition required. Client is currently ineligible unless an early COR serves the interests of justice. See PC Has Client continuously resided in California for the last 5 years? East Bay Community Law Center Yes Client is eligible to apply for a COR! 3

22 THANK YOU Eliza Hersh East Bay Community Law Center Clean Slate Reentry Legal Services 22 East Bay Community Law Center

23 People v. Parker 217 Cal.App.4th 498 (2013) Second District Relief with a Suspended Felony Sentence CT Turney A New Way of Life Reentry Project

24 Parker 217 Cal.App.4th 498 Facts of the Case: Convicted of HS Sentenced to 5-year prison term Execution of sentence suspended, granted 3 years formal probation relief was discretionary unpaid restitution fine Previously denied twice No reason given in the record either time

25 Parker 217 Cal.App.4th 498 Trial Court: Different judge than previous denials Denied again Judge specifically stated in hearing that denial was because Parker was ineligible, due to suspended prison sentence. Common misconception among judges, prosecutors & public defenders in Los Angeles County

26 Parker 217 Cal.App.4th 498 Appeal Holding that suspended sentence rendered Parker ineligible was error of law Statutory language contains no bar, speaks generally of probation Case law focuses on retention of jurisdiction by the court Basing denial on error of law was abuse of discretion Attorney General filed reply brief agreeing

27 Parker 217 Cal.App.4th 498 Appellate Court Despite being a clear issue of law, court issued published decision due to pro per nature of Definition of probation in As used in this code, probation means the suspension of the imposition or execution of a sentence. PC 1203 Provided suspended sentence is never executed, defendant remains a probationer, and court retains jurisdiction over the case. People v. Banks, 53 Cal.2d 370, (1959)

28 CR 180 & 181 FORMS East Bay Community Law Center

29 CR 180 & CR 181 Forms Statewide forms from the AOC Petition and Order for , a, 17(b) Changes effective January 1, 2014 Forms and more info available here: ca East Bay Community Law Center

30

31

32

33

34

35

36 Practice Notes Write in a box for PC 17(d) reduce a misdemeanor to an infraction Write in a box for PC set aside and dismissal of sentence under PC 1170(h) (Realignment) relief, please! East Bay Community Law Center

37 Reentry/Employment Updates AB 218 Michelle Rodriguez SB 530 CT Turney

38 Recent California Reentry Legislative Victories: i The Good, The Great, and the Complicated Date: Thursday, Dec. 12, 2013 Time: 12:00-1:30pm PT Michelle Natividad Rodriguez National Employment Law Project

39 Ban the Box: Restoring Hope and Opportunity to W k i h C i i Workers with Convictions Benefits to worker: remove chilling effect, decrease stigma, demonstrate qualifications Benefits to employers: maximize applicant pool and can reduce resource expenditure National Employment Law Project 39

40 State Coverage & Inquiry Other Protections California (2013) Public Employment Colorado (2012) Public Employment/Licensing Cannot consider arrest that did not lead to conviction, limits consideration of expunged offenses. Connecticut (2010) Public Employment Written statement of reasons for rejection. Hawaii (1998) Private and Public Employment Employers may not consider felonies over 10 years (excluding incarceration) Illinois (2013 executive Public Employment order) Maryland (2013) Public Employment Massachusetts (2010) Minnesota (2009) and (2013) Private and Public Employment Private and Public Employment Employers may not consider felonies over 10 years and misdemeanors over 5 years Cannot consider arrest that did not lead to conviction, expunged offenses and misdemeanors not involving jail time. New Mexico (2010) Public Employment Cannot consider arrest that did not lead to conviction, and misdemeanors not involving moral turpitude. Rhode Island (2013) Private and Public Employment By request, denied applicants may be provided reasons for denial. National Employment Law Project 40

41 Over 50 U.S. Cities and Counties 1. Alameda County, CA 2. Al Atlantic City, NJ 3. Atlanta, GA 4. Austin, TX 5. Baltimore, MD 6. Berkeley, CA 7. Boston, MA 8. Bridgeport, CT 9. Buffalo, NY 10. Cambridge, MA 11. Canton, OH 12. Carrboro, NC 13. Carson, CA 14. Chicago, IL 15. Cincinnati, OH 16. Cleveland, OH 17. Compton, CA 18. Cumberland County, NC 19. Detroit, MI 20. Durham City, NC 21. Durham County, NC 22. East Palo Alto, CA 23. Hartford, CT 24. Jacksonville, FL 25. Kalamazoo, MI 26. Kansas City, MO 27. Memphis, TN 28. Minneapolis, MN 29. Multnomah County, OR 30. Muskegon County, MI 32. New Haven, CT 33. New York, NY 34. Newark, NJ 35. Newport News, VA 36. Norfolk, VA 37. Norwich, CT 38. Oakland, CA 39. Philadelphia, PA 40. Pittsburgh, PA 41. Portsmouth, VA 42. Providence, RI 43. Richmond, CA 44. Richmond, VA 45. San Francisco, CA 46. Santa Clara County, CA 47. Seattle, WA 48. Spring Lake, NC 49. St. Paul, MN 50. Tampa, FL 51. Travis County, TX 52. Washington, DC 53. Wilmington, DE 54. Worcester, MA National Employment Law Project 41

42 AB 218 Ban the Box National Employment Law Project 42

43 AB 218 Added Cal Labor Code Sec (a) A state or local agency shall not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, including any inquiry about conviction history on any employment application, until the agency has determined the applicant meets the minimum employment qualifications, as stated in any notice issued for the position. National Employment Law Project 43

44 AB 218 Exceptions (b) This section shall not apply to a position for which a state or local agency is otherwise required by law to conduct a conviction history background check, to any position within a criminal justice agency, as that term is defined in Section of the Penal Code, or to any individual working on a temporary or permanent basis for a criminal justice agency on a contract t basis or on loan from another governmental entity. National Employment Law Project 44

45 Who and When (d) As used in this section, state agency means any state office, officer, department, division, bureau, board, commission, or agency. (e) As used in this section, local agency means any county, city, city and county, including a charter city or county, or any special district. (g) This section shall become operative on July 1, National Employment Law Project 45

46 Take Action! Using AB 218 as a starting point National Employment Law Project

47 AB 218 implementation 1) NELP and LSPC are preparing resources. 2) Contact your city, county, special districts. 3) After July 1 st, has it been implemented? 4) Question removed? Inquiry delayed? 5) No change? Inform and enforce. National Employment Law Project 47

48 Opportunity for more 1) Contact NELP and All of Us or None. 2) Understand d current policies. i 3) Identify community and unlikely allies. 4) People directly affected leading. 5) Cultivate t champions in the city or county. 6) What is the best vehicle? Administrative, resolution, ordinance. 7) What components? National Employment Law Project 48

49 Components of Model Ban the Box Policies National Employment Law Project 49

50 Maximizing Effectiveness of Ban the Box Evaluate hiring policies & adopt federal Title VII standards. (Chicago) Limit background checks. (Richmond, Boston) Inquiry after conditional offer. (Worcester) Include notice on job application that conviction will not bar consideration. (Jacksonville encouraged to apply ) National Employment Law Project 50

51 Provide applicant copy of background report. (Memphis highlight conviction) Allow applicant time to correct information. (Longest example was at least 10 business days (Cincinnati)) Only consider job-related convictions. (Hartford, CT direct, specific negative bearing) Consider other factors: time passed, rehabilitation, public policy to hire people with convictions. (New Haven, CT) If conviction is job-related, allow for appeal. (Bridgeport) National Employment Law Project 51

52 Confidentiality. (Baltimore discards criminal history information) Enforcement: complaints, auditing, data collection. (Worcester, Richmond) Extend policies to vendors. (Boston, Cambridge, Detroit, Worcester, New Haven, Hartford, Richmond) Extend policies to private employers. (Philadelphia, Seattle, Buffalo, Newark) Consider targeted hiring. (Partnership for Working Families: Oakland Army Base) National Employment Law Project 52

53 Resources National Employment Law Project 53

54 NELP Resources 65 Million Need Not Apply: The Case For Reforming Criminal Background Checks for Employment; /SCLP/2011/65_ Million_ Need_ Not_ Apply.pdf?nocdn=1 p AB 218 Key Endorsers; Ban the Box: Major U.S. Cities and Counties Adopt Fair Hiring Policies to Remove Unfair Barriers to Employment of People with Criminal Records; /SCLP/CityandCountyHiringInitiatives.pdf?nocdn=1 States Adopt Fair Hiring Standards Reducing Barriers to Employment of People with Criminal Records; net/3c0ae798a3c30d354e pdf Contact: Michelle Natividad Rodriguez, National Employment Law Project 54

55 SB 530 EMPLOYMENT CT TURNEY - A NEW WAY OF LIFE REENTRY PROJECT C ANEWWAYO FLIFE.O R G

56 SB 530 EMPLOYMENT GENERAL OVERVIEW Amends Cal. Labor Code Increases protections for people with expunged convictions Public & private employers no longer allowed to ask for or utilize information regarding judicially dismissed convictions ( including but not limited to ): a (dismissing & sealing expunged juvenile misdemeanor criminal convictions) (the old Prop 36) E ti f iti i l i t t t t i ti Exceptions for positions involving statutory restrictions on hiring notwithstanding dismissal

57 SB 530 EMPLOYMENT PROTECTIONS PRIOR TO SB 530 Labor Code contained no protection for expunged (judicially dismissed) convictions 2 CCR (d)(1)(B) ) bars employers from inquiring about misdemeanors dismissed under Gaps: 2 CCR did not bar utilization - self-disclosure negates protection No clear protection for expunged felonies Both sections contained prohibitions against inquiry & utilization of arrests not leading to conviction possible argument that this is what remains post-expungement

58 SB 530 EMPLOYMENT LANGUAGE AFTER SB 530 Language barring inquiry: No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information... concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections , a, , and of the Penal Code

59 SB 530 EMPLOYMENT LANGUAGE AFTER SB 530 Language barring utilization:... nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record... concerning a conviction that has been judicially dismissed i d or ordered d sealed pursuant to law, including, but not limited to, Sections , a, , and of the Penal Code.

60 SB 530 EMPLOYMENT STATUTORY EXCEPTIONS Exceptions existing prior to SB 530 remain Subs. (b) & (e) Peace officers (f) Health facilities PC 290-related arrests for positions with regular access to patients HS related arrests for positions with access to medication (k) & (l) concessionaires with government New exception relating to convictions sub. (m) Employer required by law to obtain conviction information Applicant required to possess/use firearm in employment Conviction bars applicant from holding position, notwithstanding dismissal Employer prohibited from employing applicant with conviction

61 SB 530 EMPLOYMENT PRIVATE EMPLOYMENT Creates fairly straightforward protections for the vast majority of private employment Shores up restrictions on consumer reporting agencies against reporting dismissed convictions

62 SB 530 EMPLOYMENT PUBLIC EMPLOYMENT SB 530 does NOT impact the information transmitted from the DOJ to employers via LiveScan Statutorily determined in Penal Code PC does state that Labor Code must be followed Creates difficult situation for applicants Public agency cannot legally ask or utilize, applicant has legal l right to not disclose Public agency will see expunged convictions Believe applicant lied? Use convictions anyway?

63 SB 530 EMPLOYMENT PUBLIC EMPLOYER BEST PRACTICES Approach at All of Us or None-LA/A New Way of Life Leverage opportunity presented by AB 218 to reform hiring practices & applications When an agency does ask the question, clearly state that applicants need not disclose protected records Revise hiring policies to clearly eliminate consideration of protected records Implement internal procedures to prevent dissemination of protected records Train hiring personnel on new protections Prepare for post-denial advocacy Utilize employment denials as opportunities to engage Litigation

64 SB 530 EMPLOYMENT CLIENT BEST PRACTICES Approach at All of Us or None-LA/A New Way of Life Explain protections & potential setbacks to clients Allow them to make their own decision regarding disclosure Arm them with knowledge about their rights Offer advocacy down the road if they need it Applicants who choose to disclose may face less grief re: they lied, but ultimately, insisting on compliance will be the only way to achieve compliance.

65 Other Reentry Law Updates SB 513, AB 625, AB 720 Jesse Stout

66 AB 625, AB 720, SB 513 Jesse Stout Policy Director Legal Services for Prisoners with Children prisonerswithchildren.org

67 AB 625 (Quirk) Civil Code 1185 Prisoner s s ID (prisoner identification card) is now valid ID for a notary to formalize legal documents ent.xhtml?bill_id= ab625 id= ab625

68 AB 720 (Skinner) Prevents current Medi Cal enrollees from losing their eligibility based solely on their detention, and authorizes counties to obtain Medi Cal on behalf of hospitalized inmates. WIC Allows counties to enroll eligibleinmates inmates into the Medi Cal program before the inmate is released. PC xhtml?bill_ id= ab720

69 SB 513 (Hancock) PC May petition to seal arrest records two years after successful completion of pretrial diversion ent.xhtml?bill_id= sb513 id= sb513

70 Info and Q & A

71 INFO - CLE & Listservs To receive CLE credit: Send an to with Your bar number, and Length of time you participated in webinar You will receive a CLE certificate and evaluation form CLE for this webinar does not cover legal ethics, elimination of bias, or prevention, detection, and treatment of substance abuse or mental abuse that impairs professional competence. To Join the Reentry Legal Services Listservs: California Reentry Legal Services Providers Contact: t National Employment Law Project - Criminal Records Group Contact:

72 THANK YOU

Criminal Record Clearing in a Nutshell

Criminal Record Clearing in a Nutshell Criminal Record Clearing in a Nutshell March 2014 Justice Studies Department College of Applied Sciences and Arts CommUniverCity San José State University Record Clearance Project 3.12.14 Laws change.

More information

Know Your Rights Under the San Francisco Fair Chance Ordinance

Know Your Rights Under the San Francisco Fair Chance Ordinance Know Your Rights Under the San Francisco Fair Chance Ordinance February 26, 2014 Michelle Natividad Rodriguez Staff Attorney mrodriguez@nelp.org About 1 in 4 U.S. Adults Has an Arrest or Conviction Record

More information

Expungement = Dismissal AND. Certificate of Rehabilitation

Expungement = Dismissal AND. Certificate of Rehabilitation Expungement = Dismissal AND Certificate of Rehabilitation Overview Expungement Eligibility Requirements What it means to be granted an Expungement Early Termination of Probation Reducing a Felony to a

More information

Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015)

Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015) Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015) A note on reproduction: You are welcome to copy and distribute this material, but please do not charge for the copies. A note

More information

How to Apply for a Pardon. State of California. Office of the Governor

How to Apply for a Pardon. State of California. Office of the Governor How to Apply for a Pardon State of California Office of the Governor Statement of Philosophy A California Governor's pardon is an honor traditionally granted only to individuals who have demonstrated exemplary

More information

CERTIFICATE OF REHAB. & PARDON INSTRUCTION FORMS PACKET

CERTIFICATE OF REHAB. & PARDON INSTRUCTION FORMS PACKET CERTIFICATE OF REHAB. & PARDON INSTRUCTION FORMS PACKET PKG-016 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, 220 W. BROADWAY, SAN DIEGO, CA 92101-3814 EAST COUNTY DIVISION, 250 E.

More information

How does AB 109 affect reduction of charges from felony misdemeanor and expungement? 1

How does AB 109 affect reduction of charges from felony misdemeanor and expungement? 1 How does AB 109 affect reduction of charges from felony misdemeanor and expungement? 1 May 2014, Publication #CM44.01 1. Does prison realignment change where a sentence is served? Yes. Felony offenses

More information

Is a Dismissal the same as an Expungement?

Is a Dismissal the same as an Expungement? Research Guide: Petition for Dismissal Law Library for San Bernardino County Research Guide, www.sblawlibrary.org, (909) 885-3020. Updated as of May 2015. Our Guide is adapted from the Sacramento County

More information

Restoration of Civil Rights. Helping People regain their Civil Liberties

Restoration of Civil Rights. Helping People regain their Civil Liberties Restoration of Civil Rights Helping People regain their Civil Liberties Consequences of a Felony Food Stamps and social security benefits: People convicted of a felony for possession or sell of controlled

More information

Criminal Records & Employment

Criminal Records & Employment Criminal Records & Employment 1. What exactly is a criminal record? YOUR LEGAL RIGHTS A criminal record, formally known as a summary criminal history, or more commonly known as a rap sheet, is a list of

More information

If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement.

If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement. What is an expungement? An expungement reopens your criminal case, dismisses and sets aside the conviction, and re-closes the case without a conviction. In effect, you are no longer a convicted person.

More information

What you don t know can hurt you.

What you don t know can hurt you. What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a

More information

The Office of the State Appellate Defender

The Office of the State Appellate Defender The Office of the State Appellate Defender http://www.illinois.gov/osad Last Updated: January 22, 2014 GENERAL INFORMATION - DO I QUALIFY? GUIDE TO EXPUNGE OR SEAL YOUR ILLINOIS JUVENILE RECORD Section

More information

DOMENIC J LOMBARDO SAN DIEGO CRIMINAL DEFENSE LAWYER

DOMENIC J LOMBARDO SAN DIEGO CRIMINAL DEFENSE LAWYER DISMISSING A CRIMINAL CONVICTION IN CALIFORNIA Only an Experienced California Criminal Defense Attorney Can Review the Specific Facts of Your Case and Provide You with Advice About Your Eligibility; However,

More information

ENSURING EFFECTIVE DEFENSE FOR JUVENILES

ENSURING EFFECTIVE DEFENSE FOR JUVENILES ENSURING EFFECTIVE DEFENSE FOR JUVENILES National Conference of State Legislators Oct. 1, 2015 Representative Pete Lee, Colorado Kim Dvorchak, National Juvenile Defender Center, Washington DC Patricia

More information

California s Alternative Sentencing Law for Veterans and Members of the U.S. Military

California s Alternative Sentencing Law for Veterans and Members of the U.S. Military California s Alternative Sentencing Law for Veterans and Members of the U.S. Military You re a veteran, or maybe you re still in the military. But now you re looking at time in county jail or state prison.

More information

*Time is listed as approximate as an offender may be charged with other crimes which may add on to the sentence.

*Time is listed as approximate as an offender may be charged with other crimes which may add on to the sentence. Victims of drunk driving crashes are given a life sentence. In instances of vehicular homicide caused by drunk drivers, these offenders rarely receive a life sentence in prison. Laws vary greatly on the

More information

What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For Expungement...3 What Do the Dispositions Mean and

What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For Expungement...3 What Do the Dispositions Mean and Expungement Information About Removing Criminal Records from Public Access in Maryland Table of Contents What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For

More information

FACT SHEET. Views from the National Council on Crime and Delinquency. Youth Under Age 18 in the Adult Criminal Justice System. Christopher Hartney

FACT SHEET. Views from the National Council on Crime and Delinquency. Youth Under Age 18 in the Adult Criminal Justice System. Christopher Hartney June 26 FACT SHEET Views from the National Council on Crime and Delinquency Youth Under Age 18 in the Adult Criminal Justice System Christopher Hartney Negative Impacts on Youth Processed in the Adult

More information

Adult Probation Frequently Asked Questions

Adult Probation Frequently Asked Questions Adult Probation Frequently Asked Questions How do I make an appointment with my probation officer? To make an appointment with your probation officer, you should give him/her a call. If you do not have

More information

ARTICLE 1.1. GENERAL PROVISIONS

ARTICLE 1.1. GENERAL PROVISIONS ARTICLE 1.1. GENERAL PROVISIONS Rule 1. Parole Board 220 IAC 1.1-1-1 Parole board membership (Repealed) Sec. 1. (Repealed by Parole Board; filed Jun 15, 1987, 2:45 pm: 10 IR 2496) 220 IAC 1.1-1-2 Definitions

More information

COLLATERAL CONSEQUENCES OF JUVENILE ADJUDICATIONS OF DELINQUENCY

COLLATERAL CONSEQUENCES OF JUVENILE ADJUDICATIONS OF DELINQUENCY COLLATERAL CONSEQUENCES OF JUVENILE ADJUDICATIONS OF DELINQUENCY This document is meant to provide general information about the collateral consequences of juvenile adjudications. This document is not

More information

EXPUNCTIONS IN TEXAS

EXPUNCTIONS IN TEXAS EXPUNCTIONS IN TEXAS Texas Young Lawyers Association Family Law Committee P.O. Box 12487, Capitol Station Austin, TX 78711-2487 (800) 204-2222 Ext. 1800 For additional family law resources, visit www.tyla.org.

More information

NEW YORK. New York Executive Law 296 Human Rights Law Unlawful discriminatory practices

NEW YORK. New York Executive Law 296 Human Rights Law Unlawful discriminatory practices NEW YORK New York Executive Law 296 Human Rights Law Unlawful discriminatory practices 15. It shall be an unlawful discriminatory practice for any person, agency, bureau, corporation or association, including

More information

Policy Options: Limiting Employer Liability When Hiring Individuals Formerly Incarcerated

Policy Options: Limiting Employer Liability When Hiring Individuals Formerly Incarcerated Policy Options: Limiting Employer Liability When Hiring Individuals Formerly Incarcerated Employers in Philadelphia require skilled and dedicated workers in order to be successful. Returning citizens (those

More information

CERTIFICATE OF REHABILITATION & PARDON INSTRUCTION PACKET

CERTIFICATE OF REHABILITATION & PARDON INSTRUCTION PACKET SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO CERTIFICATE OF REHABILITATION & PARDON INSTRUCTION PACKET FORMS INCLUDED IN THIS PACKET General Information Certificate of Rehabilitation SDSC Form #CRM-208

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE 700 Civic Center Drive West P.O. Box 22024 Santa Ana, CA 92702-2024 (877) 872-2122 www.occourts.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE 700 Civic Center Drive West P.O. Box 22024 Santa Ana, CA 92702-2024 (877) 872-2122 www.occourts. SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CERTIFICATE OF REHABILITATION AND PARDON Forms and Penal Code 4852.01, and 4852.06 Instruction Sheet Notice of Filing of Proof of Service Certificate of Rehabilitation

More information

Criminals; Rehabilitation CHAPTER 364 CRIMINAL OFFENDERS; REHABILITATION

Criminals; Rehabilitation CHAPTER 364 CRIMINAL OFFENDERS; REHABILITATION 1 MINNESOTA STATUTES 2013 364.02 Criminals; Rehabilitation CHAPTER 364 CRIMINAL OFFENDERS; REHABILITATION 364.01 POLICY. 364.02 DEFINITIONS. 364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF CRIMINAL

More information

Criminal Justice 101. The Criminal Justice System in Colorado and the Impact on Individuals with Mental Illness. April 2009

Criminal Justice 101. The Criminal Justice System in Colorado and the Impact on Individuals with Mental Illness. April 2009 Criminal Justice 101 The Criminal Justice System in Colorado and the Impact on Individuals with Mental Illness April 2009 Acronyms DOC = Department of Corrections DYC = Division of Youth Corrections DCJ

More information

KNOW YOUR RIGHTS: Legal Rights of People with Criminal Conviction Histories

KNOW YOUR RIGHTS: Legal Rights of People with Criminal Conviction Histories Welcome to KNOW YOUR RIGHTS: Legal Rights of People with Criminal Conviction Histories Webinar 1 Presented by: Today s s Presenters Judy Whiting, Esq. Anita Marton, Esq. 2 Funded by: Partners for initiative

More information

Petition for Relief Packet

Petition for Relief Packet SUPERIOR COURT OF STANISLAUS COUNTY www.stanct.org (209) 530-3100 Street Address: 800 11th Street Modesto, CA 95353 Mailing Address: P.O. Box 1098 Modesto, CA 95353 Self Help Center: 800 11 th Street Room

More information

ORANGE COUNTY PUBLIC DEFENDER BRIAN L. DUCKER SENIOR ASSISTANT PUBLIC DEFENDER

ORANGE COUNTY PUBLIC DEFENDER BRIAN L. DUCKER SENIOR ASSISTANT PUBLIC DEFENDER DEBORAH A. KWAST PUBLIC DEFENDER THOMAS HAVLENA CHIEF DEPUTY PUBLIC DEFENDER LAW OFFICES ORANGE COUNTY PUBLIC DEFENDER BRIAN L. DUCKER E. ROBERT GOSS 14 CIVIC CENTER PLAZA SANTA ANA, CA 92701-4029 (714)

More information

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY President Judge General Court Regulation No. 2005-05 In Re: Amendment, Adoption and Rescission of Philadelphia

More information

CERTIFICATES OF RELIEF FROM DISABILITIES AND CERTIFICATES OF GOOD CONDUCT LICENSURE AND EMPLOYMENT OF OFFENDERS

CERTIFICATES OF RELIEF FROM DISABILITIES AND CERTIFICATES OF GOOD CONDUCT LICENSURE AND EMPLOYMENT OF OFFENDERS NOTE: THE CONTENT OF THE FOLLOWING DOCUMENT IS FROM A NYS DEPARTMENT OF CRIMINAL JUSTICE SERVICES PUBLICATION. CANDIDATES WHO HAVE A FELONY CONVICTION WILL BE AUTOMATICALLY DISQUALIFIED FROM APPOINTMENT

More information

Using Administrative Records to Report Federal Criminal Case Processing Statistics

Using Administrative Records to Report Federal Criminal Case Processing Statistics Using Administrative Records to Report Federal Criminal Case Processing Statistics John Scalia, Jr. Statistician Bureau of Justice Statistics U.S. Department of Justice Federal criminal case processing

More information

OVERVIEW OF STATE LAWS THAT BAN DISCRIMINATION BY EMPLOYERS

OVERVIEW OF STATE LAWS THAT BAN DISCRIMINATION BY EMPLOYERS OVERVIEW OF STATE LAWS THAT BAN DISCRIMINATION BY EMPLOYERS As states consider passing laws that prohibit employment discrimination against people with criminal records, it may be helpful to examine how

More information

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following: ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,

More information

New Model State Policies Improve Employment Opportunities for People with a Criminal Record

New Model State Policies Improve Employment Opportunities for People with a Criminal Record New Model State Policies Improve Employment Opportunities for People with a Criminal Record Offender Reentry and Collateral Consequences National Conference of State Legislatures December 9, 2010 Maurice

More information

AB 109 is DANGEROUS. Governor Brown signed AB 109 the Criminal Justice Realignment Bill into law on April 5, 2011.

AB 109 is DANGEROUS. Governor Brown signed AB 109 the Criminal Justice Realignment Bill into law on April 5, 2011. AB 109 is DANGEROUS Governor Brown signed AB 109 the Criminal Justice Realignment Bill into law on April 5, 2011. Governor Brown stated in his signing message on AB 109 - "For too long, the state s prison

More information

Collateral Consequences of Conviction:

Collateral Consequences of Conviction: Collateral Consequences of Conviction: A Reminder of Some Possible Civil Penalties Judge Harold Baer, Jr. Rev. 11/1/11 THIS IS NOT A COMPLETE LIST CONSIDER ALL POTENTIAL PENALTIES. You are required to

More information

CRIMINAL LAW UPDATE 2014 LEGISLATURE. André de Gruy Capital Defender

CRIMINAL LAW UPDATE 2014 LEGISLATURE. André de Gruy Capital Defender CRIMINAL LAW UPDATE 2014 LEGISLATURE André de Gruy Capital Defender Corrections and Criminal Justice Task Force Created - HB 1231 2013 Leg. Judge and Prosecutor concerns about lack of certainty in sentencing/time-served

More information

Restoration of Civil Rights

Restoration of Civil Rights Restoration of Civil Rights Application for More Serious Offenses PLEASE READ CAREFULLY: Persons who have been convicted of a violent offense, an offense against a minor, or an election law offense must

More information

DOJ RAP Sheets/CORI Reports Procedure for DOJ RAP sheet request: DMV Records Procedure for DMV record request 10 years 7 years 3 years

DOJ RAP Sheets/CORI Reports Procedure for DOJ RAP sheet request: DMV Records Procedure for DMV record request 10 years 7 years 3 years CHECKLIST FOR IMPACT LITIGATION ISSUES CORI/CINI Issues CORI = version of state summary criminal history info distributed to anyone other than the subject CINI = version of state summary criminal history

More information

Proposition 5. Nonviolent Offenders. Sentencing, Parole and Rehabilitation. Statute.

Proposition 5. Nonviolent Offenders. Sentencing, Parole and Rehabilitation. Statute. Proposition 5 Nonviolent Offenders. Sentencing, Parole and Rehabilitation. Statute. SUMMARY This measure (1) expands drug treatment diversion programs for criminal offenders, (2) modifies parole supervision

More information

ABA COMMISSION ON EFFECTIVE CRIMINAL SANCTIONS

ABA COMMISSION ON EFFECTIVE CRIMINAL SANCTIONS ABA COMMISSION ON EFFECTIVE CRIMINAL SANCTIONS The ABA Commission on Effective Criminal Sanctions has developed a series of policy recommendations that it anticipates will provide the basis for a broad

More information

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html

More information

The Consequences of a Juvenile Delinquency Record in Minnesota

The Consequences of a Juvenile Delinquency Record in Minnesota The Consequences of a Juvenile Delinquency Record in Minnesota 1. Is it true that a juvenile delinquency record will not limit a young person s future opportunities in Minnesota? No, it is not true. Although

More information

SEALING OF RECORDS. Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE. DAVID ROGER District Attorney

SEALING OF RECORDS. Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE. DAVID ROGER District Attorney SEALING OF RECORDS Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE DAVID ROGER District Attorney NOTICE: This Website contains instructions for using the Clark County District

More information

Senate Bill No. 86 Committee on Transportation and Homeland Security

Senate Bill No. 86 Committee on Transportation and Homeland Security Senate Bill No. 86 Committee on Transportation and Homeland Security CHAPTER... AN ACT relating to offenses; providing that counseling and evaluations required for certain offenses may be conducted in

More information

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION PUBLIC SAFETY REALIGNMENT: PERSPECTIVES FROM THE STATE Erin Sasse, Chief Office of External Affairs erin.sasse@cdcr.ca.gov (916) 445-4950 WHAT IS

More information

CONVICTION HISTORY. Most Recent Qualifying Conviction. (A) Offense. (B) Type of Sentence or Disposition

CONVICTION HISTORY. Most Recent Qualifying Conviction. (A) Offense. (B) Type of Sentence or Disposition ATTORNEY OR PARTY WITHOUT ATTORNEY (Name & Address): FOR COURT USE ONLY Telephone No: E-Mail Address (Optional): ATTORNEY FOR (Name): Fax No (Optional): Bar No: SUPERIOR COURT OF CALIFORNIA, COUNTY OF

More information

State Laws and Their Impact on Use of Criminal Records for Employment Purposes

State Laws and Their Impact on Use of Criminal Records for Employment Purposes Laws and Their Impact on Use of Criminal Records for Employment Purposes While the FCRA and EEOC provide a legal framework under which consumer reporting agencies and employers report and use criminal

More information

CRIMINAL RECORDS AND EMPLOYMENT

CRIMINAL RECORDS AND EMPLOYMENT CRIMINAL RECORDS AND EMPLOYMENT PROTECTING YOURSELF FROM DISCRIMINATION HELP WANTED CRIMINAL RECORDS AND EMPLOYMENT TABLE OF CONTENTS WHAT DOES THIS BOOKLET COVER? p. 1 WHAT MAY EMPLOYERS ASK ABOUT MY

More information

Overview of Ban the Box Organizing in California Prepared by All of Us or None (revised November 2011)

Overview of Ban the Box Organizing in California Prepared by All of Us or None (revised November 2011) Overview of Ban the Box Organizing in California Prepared by All of Us or None (revised November 2011) Background: During Peace & Justice Community Summits held statewide during 2004 and 2005, formerly

More information

CERTIFICATES OF RELIEF FROM DISABILITIES AND CERTIFICATES OF GOOD CONDUCT

CERTIFICATES OF RELIEF FROM DISABILITIES AND CERTIFICATES OF GOOD CONDUCT CERTIFICATES OF RELIEF FROM DISABILITIES AND CERTIFICATES OF GOOD CONDUCT What You Can Do About Criminal Convictions When Looking for Work If you are an individual with a criminal record in New York who

More information

FREQUENTLY ASKED QUESTIONS SERIES: Current Focus of Drug Court Programs

FREQUENTLY ASKED QUESTIONS SERIES: Current Focus of Drug Court Programs JUSTICE PROGRAMS OFFICE SCHOOL OF PUBLIC AFFAIRS FREQUENTLY ASKED QUESTIONS SERIES: Current Focus of Drug Court Programs Subject: Current Focus of Drug Court Programs Within The Criminal Justice Process

More information

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION PUBLIC SAFETY REALIGNMENT: PERSPECTIVES FROM THE STATE

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION PUBLIC SAFETY REALIGNMENT: PERSPECTIVES FROM THE STATE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION PUBLIC SAFETY REALIGNMENT: PERSPECTIVES FROM THE STATE WHAT IS PUBLIC SAFETY REALIGNMENT? PUBLIC SAFETY REALIGNMENT Revises the definition of a felony

More information

Removal of Youth in the Adult Criminal Justice System: A State Trends Update. Rebecca Gasca on behalf of Campaign for Youth Justice

Removal of Youth in the Adult Criminal Justice System: A State Trends Update. Rebecca Gasca on behalf of Campaign for Youth Justice Removal of Youth in the Adult Criminal Justice System: A State Trends Update Rebecca Gasca on behalf of Campaign for Youth Justice Juvenile Court founded in 1899 to create a separate justice system for

More information

Criminal Justice Realignment Frequently Asked Questions 1 (Revised April 2014)

Criminal Justice Realignment Frequently Asked Questions 1 (Revised April 2014) Criminal Justice Realignment Frequently Asked Questions 1 (Revised April 2014) This document provides responses to some the most frequently asked questions (FAQs) relating to criminal justice realignment.

More information

Contra Costa County: A Model for Managing Local Corrections

Contra Costa County: A Model for Managing Local Corrections JFA Institute Conducting Justice and Corrections Research for Effective Policy Making Contra Costa County: A Model for Managing Local Corrections Prepared by James Austin, Ph.D. Robin Allen Roger Ocker

More information

PROJECT 375 EMPLOYMENT APPLICATION

PROJECT 375 EMPLOYMENT APPLICATION PROJECT 375 EMPLOYMENT APPLICATION Thank you for your interest in PROJECT 375. Our application process is built to ensure the very best experience for you the applicant. Please follow these instructions

More information

Snapshot of National Organizations Policy Statements on Youth in the Adult Criminal Justice System

Snapshot of National Organizations Policy Statements on Youth in the Adult Criminal Justice System Snapshot of National Organizations Policy Statements on Youth in the Adult Criminal Justice System A n estimated 250,000 youth are prosecuted in the adult criminal justice system every year, and nearly

More information

CALIFORNIA COURTS AND THE JUDICIAL SYSTEM

CALIFORNIA COURTS AND THE JUDICIAL SYSTEM CALIFORNIA COURTS AND THE JUDICIAL SYSTEM California Courts and the Judicial System Unlike the federal system, in which judges are appointed by the president, confirmed by the Senate, and serve for life

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH. AMENDED CRIMINAL JUSTICE ACT PLAN January 2015..

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH. AMENDED CRIMINAL JUSTICE ACT PLAN January 2015.. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, 1 (' r,f~_ilejj,,.). J/.:; r1c 1 cnufjr -. -, ; I. II. l015 JAN 8 /\ 8: Ob AMENDED CRIMINAL JUSTICE ACT PLAN January 2015.. UIS7RICT or UTAH AUTHORITY.

More information

SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2170

SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2170 SESSION OF 2013 SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2170 As Amended by House Committee on Corrections and Juvenile Justice Brief* HB 2170 would make numerous changes to sentencing, probation, and postrelease

More information

How to Clear an Arrest from Your Record in Texas (Expunction)

How to Clear an Arrest from Your Record in Texas (Expunction) How to Clear an Arrest from Your Record in Texas (Expunction) Can I clear an arrest from my record? You may be able to clear an arrest from your record through a process called expunction if: charges were

More information

Frequently Asked Questions on 2011 Criminal Justice Realignment

Frequently Asked Questions on 2011 Criminal Justice Realignment Frequently Asked Questions on 2011 Criminal Justice Realignment AB 109 (Chapter 15, Statutes of 2011) as subsequently amended by AB 117 (Chapter 39, Statutes of 2011) and ABX1 17 (Chapter 12, Statutes

More information

Cornell Law School February 2014 Public Interest Low Income Protection Plan

Cornell Law School February 2014 Public Interest Low Income Protection Plan Cornell Law School February 2014 Public Interest Low Income Protection Plan INTRODUCTION A large number of Cornell Law School students graduate with high educational debts. Many feel that they must obtain

More information

ETHICS: RESTRICTED ACCESS AND SEALING OF JUVENILE RECORDS IN TEXAS

ETHICS: RESTRICTED ACCESS AND SEALING OF JUVENILE RECORDS IN TEXAS ETHICS: RESTRICTED ACCESS AND SEALING OF JUVENILE RECORDS IN TEXAS PRESENTED BY RILEY N. SHAW CHIEF JUVENILE PROSECUTOR TARRANT COUNTY CRIMINAL DISTRICT ATTORNEY S OFFICE OFFICE 817-838-4613 EMAIL: rshaw@tarrantcountytx.gov

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE Filed 6/21/16 P. v. Archuleta CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP

First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Michael Dohr x HOUSE BILL 1-1 HOUSE SPONSORSHIP Lebsock and Tate, (None), SENATE SPONSORSHIP House Committees

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 3/1/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, Plaintiff and Appellant, v. B264693 (Los Angeles County Super.

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CRIMINAL JUSTICE ACT PLAN

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CRIMINAL JUSTICE ACT PLAN UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CRIMINAL JUSTICE ACT PLAN I. AUTHORITY Under the Criminal Justice Act of 1964, as amended, (CJA), 18 U.S.C. 3006A and the Guidelines for Administering

More information

It s time to shift gears on criminal justice VOTER

It s time to shift gears on criminal justice VOTER It s time to shift gears on criminal justice VOTER TOOLKIT 2014 Who are the most powerful elected officials most voters have never voted for? ANSWER: Your District Attorney & Sheriff THE POWER OF THE DISTRICT

More information

Criminal Justice Cross-Training Conference: Community Safety and Crime Reduction via Successful Offender Re-entry into the Community

Criminal Justice Cross-Training Conference: Community Safety and Crime Reduction via Successful Offender Re-entry into the Community Criminal Justice Cross-Training Conference: Community Safety and Crime Reduction via Successful Offender Re-entry into the Community Office of the Victim Advocate Michelle Cruz, Esq., State Victim Advocate

More information

STEP 1: STEP 2: STEP 3: TEXAS BOARD OF PARDONS AND PAROLES FULL PARDON APPLICATION INSTRUCTIONS

STEP 1: STEP 2: STEP 3: TEXAS BOARD OF PARDONS AND PAROLES FULL PARDON APPLICATION INSTRUCTIONS STEP 1: TEXAS BOARD OF PARDONS AND PAROLES FULL PARDON APPLICATION INSTRUCTIONS BEFORE YOU BEGIN you must have the following documents to complete the application. 1. Offense reports for all arrests including

More information

Reporting of Board Discipline. Mark Johnston, RPh Executive Director Idaho State Board of Pharmacy

Reporting of Board Discipline. Mark Johnston, RPh Executive Director Idaho State Board of Pharmacy Reporting of Board Discipline Mark Johnston, RPh Executive Director Idaho State Board of Pharmacy HIPDB The Healthcare Integrity and Protection Data Bank Part of the Health Care Fraud and Abuse Control

More information

(1) Sex offenders who have been convicted of: * * * an attempt to commit any offense listed in this subdivision. (a)(1). * * *

(1) Sex offenders who have been convicted of: * * * an attempt to commit any offense listed in this subdivision. (a)(1). * * * House Proposal of Amendment S. 292 An act relating to term probation, the right to bail, medical care of inmates, and a reduction in the number of nonviolent prisoners, probationers, and detainees. The

More information

2011 REGULAR SESSION HB 463 PENAL CODE AND CONTROLLED SUBSTANCES LEGISLATION Full text of the bill: http://www.lrc.ky.gov/record/11rs/hb463.

2011 REGULAR SESSION HB 463 PENAL CODE AND CONTROLLED SUBSTANCES LEGISLATION Full text of the bill: http://www.lrc.ky.gov/record/11rs/hb463. 2011 REGULAR SESSION HB 463 PENAL CODE AND CONTROLLED SUBSTANCES LEGISLATION Full text of the bill: http://www.lrc.ky.gov/record/11rs/hb463.htm SECTION 1. -description of reasoning behind legislation SECTION

More information

history on an employment application, and four states Hawaii, Massachusetts, Minnesota, and Rhode Island also ban such inquiries.

history on an employment application, and four states Hawaii, Massachusetts, Minnesota, and Rhode Island also ban such inquiries. March 2014 Another One Bans the Box: San Francisco s Fair Chance Ordinance Prohibits Criminal History Inquiries on Employment and Affordable Housing Applications and Imposes Restrictions on the Use of

More information

Filing Fee $117.00. Instructions for Sealing a Criminal Record

Filing Fee $117.00. Instructions for Sealing a Criminal Record Filing Fee $117.00 Instructions for Sealing a Criminal Record Effective 1-1-2015 This packet is to be used to assist you in filing an application to seal your criminal record. * * * * * * * * * * * * *

More information

ALABAMA s FELONY DUI STATUTE- A HISTORY. [This document was originally prepared by AOC and was later revised and updated by Patrick Mahaney.

ALABAMA s FELONY DUI STATUTE- A HISTORY. [This document was originally prepared by AOC and was later revised and updated by Patrick Mahaney. ALABAMA s FELONY DUI STATUTE- A HISTORY [This document was originally prepared by AOC and was later revised and updated by Patrick Mahaney.] Felony DUI, as a statutory offense under the Alabama Code, was

More information

THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA 98109 WASHINGTON DRINKING & DRIVING PENALTIES AS OF DECEMBER 6, 2012

THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA 98109 WASHINGTON DRINKING & DRIVING PENALTIES AS OF DECEMBER 6, 2012 PT THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA 9809 WASHINGTON DRINKING & DRIVING PENALTIES AS OF DECEMBER 6, 202 I. CRIMINAL CONVICTIONS FOR DUI [RCW 46.6.502] OR PHYSICAL CONTROL [RCW 46.6.504]

More information

Criminal/Juvenile Justice System Primer

Criminal/Juvenile Justice System Primer This primer provides an overview of the key roles and responsibilities of justice system actors both adult and juvenile - within LA County. It also provides insight into some of the key challenges and

More information

Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED OPPORTUNITIES FOR PERSONS INVOLVED IN THE CRIMINAL JUSTICE SYSTEM.

Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED OPPORTUNITIES FOR PERSONS INVOLVED IN THE CRIMINAL JUSTICE SYSTEM. Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Michael Dohr x SENATE BILL 1- SENATE SPONSORSHIP Steadman, Carroll, Guzman HOUSE SPONSORSHIP Levy, Hullinghorst,

More information

Maryland Courts, Criminal Justice, and Civil Matters

Maryland Courts, Criminal Justice, and Civil Matters Maryland Courts, Criminal Justice, and Civil Matters Presentation to the New Members of the Maryland General Assembly Department of Legislative Services Office of Policy Analysis Annapolis, Maryland December

More information

2010 CRIMINAL CODE SENTENCING PROVISIONS. Effective July 29, 2010

2010 CRIMINAL CODE SENTENCING PROVISIONS. Effective July 29, 2010 010 CRIMINAL CODE SENTENCING PROVISIONS Effective July 9, 010-0- GENERAL CRIMES SENTENCING RANGES Class NON-DANGEROUS OFFENSES ( 13-70) First Offense ( 13-70(D)) MIT* MIN P MAX AGG* 3 4 5 10 1.5 3.5 3.5

More information

External Advisory Group Meeting June 2, 2015

External Advisory Group Meeting June 2, 2015 External Advisory Group Meeting June 2, 2015 1. There seems to be an extended wait from disposition to sentence where defendants are in jail awaiting the completion of the pre-sentence report. How many

More information

Office of Assigned Counsel County of San Diego Application for Indigent Defense Attorney Panel

Office of Assigned Counsel County of San Diego Application for Indigent Defense Attorney Panel . Background Name: SS#: Bar No.: Office Address: Phone: Fax: E-mail: Are you a SDCBA Member? Yes No. Education and Admissions Law School: Graduated: Years Practiced Law: Date Admitted in California: Admitted

More information

APPENDIX 1: SURVEY. Copyright 2010 Major, Lindsey & Africa, LLC. All rights reserved.

APPENDIX 1: SURVEY. Copyright 2010 Major, Lindsey & Africa, LLC. All rights reserved. APPENDIX 1: SURVEY Major, Lindsey & Africa Partner Compensation Survey (2010) Dear : Major, Lindsey & Africa invites you to participate in our 2010 MLA Partner Compensation Survey. This Survey, which is

More information

California Assembly Bill 1831:

California Assembly Bill 1831: National Employment Law Project August 2012 California Assembly Bill 1831: Statewide ban the box in cities and counties AB 1831 (2012) would have required city and county agencies to delay consideration

More information

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360 CHECKLIST FOR ALL FIRST OFFENSE DRIVING UNDER THE INFLUENCE CASES IMPORTANT: HIRE A LAWYER OR, IF YOU CANNOT AFFORD ONE, APPLY FOR A PUBLIC DEFENDER IMMEDIATELY. YOU MUST MEET INCOME GUIDELINES TO QUALIFY

More information

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA CRIMINAL JUSTICE ACT PLAN

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA CRIMINAL JUSTICE ACT PLAN UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA CRIMINAL JUSTICE ACT PLAN 1. AUTHORITY Pursuant to the Criminal Justice Act of 1964 as amended (CJA), Section 3006A of Title 18, United

More information

Criminal Records and Expungement. Rhode Island Public Defender

Criminal Records and Expungement. Rhode Island Public Defender Criminal Records and Expungement Rhode Island Public Defender Criminal Records How do I access a criminal record? The only way to obtain an official RI criminal record is by going to the Bureau of Criminal

More information

Purpose of the Victim/Witness Unit

Purpose of the Victim/Witness Unit Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure

More information

THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA 98109 WASHINGTON DRINKING & DRIVING PENALTIES AS OF JANUARY 1, 2014

THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA 98109 WASHINGTON DRINKING & DRIVING PENALTIES AS OF JANUARY 1, 2014 THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA 98109 WASHINGTON DRINKING & DRIVING PENALTIES AS OF JANUARY 1, 2014 I. CRIMINAL CONVICTIONS FOR DUI [RCW 46.61.502] OR PHYSICAL CONTROL [RCW 46.61.504]

More information

Some states: lifetime registration, never eligible for removal Majority of states: must petition for removal after a waiting period Some states: may

Some states: lifetime registration, never eligible for removal Majority of states: must petition for removal after a waiting period Some states: may Some states: lifetime registration, never eligible for removal Majority of states: must petition for removal after a waiting period Some states: may petition for removal when court s jurisdiction ends

More information

Multijurisdictional Practice of Law for In-House Counsel

Multijurisdictional Practice of Law for In-House Counsel Multijurisdictional Practice of Law for In-House Counsel Presentation for Association of Corporate Counsel - Charlotte March 2010 Robinson, Bradshaw & Hinson, P.A. Robert E. Harrington and Peter C. Buck

More information

Juvenile Delinquency Proceedings and Your Child. A Guide for Parents and Guardians

Juvenile Delinquency Proceedings and Your Child. A Guide for Parents and Guardians Juvenile Delinquency Proceedings and Your Child A Guide for Parents and Guardians NOTICE TO READER This brochure provides basic information about family court procedures relating to juvenile delinquency

More information