People burdened by criminal records look to legislation, legal clinic for fresh start
Marcus Hopkins has been trying to have his criminal record expunged for years, a process which left him hopeless.
His past kept him from employment and housing opportunities, for incidents he said happened 20 years ago. Hopkins, a 45-year-old San Francisco resident, recently started a new job in Oakland, but his record might prevent him from being allowed to continue.
When he came across the TimeDone day on Instagram after years of research and trying to clear his record, he knew it was “heaven-sent.” He braved the traffic from the Bay Area along with his cousin and long-time friend so they could all have an opportunity for a second chance.
Hundreds like Hopkins gathered at the Capitol to celebrate the TimeDone Advocacy Day and participate in an expungement clinic put together by TimeDone and Californians for Safety and Justice on Wednesday. The groups aimed to celebrate “second-chance legislation” and offered legal support for previously convicted individuals hoping to clear old criminal records.
The goal of the rally was to bring visibility to SB 731, which allowed for those with certain criminal records to petition for expungement, according to Ingrid Archie, Organizing Director for TimeDone. Through the services being offered, the organizations hope to remove some of the barriers to work, housing and personal well-being that having a criminal record introduces.
“The only way to get the win to the people, so that the people can win also, is to come to the Capitol where the bill was signed at, and let the Capitol know like, this is what the work looks like... When you guys are in the chambers and when people are advocating for this, this is what it looks like outside, when we implement those wins and when we connect community to those wins, then lives change,” Archie said.
The event began with a march from Cesar Chavez Plaza to the West steps of the Capitol, with a group of just about 50 participants chanting the mantra, “Time done, period. Time done, now.”
Assemblymember Josh Lowenthal, D-Long Beach, Sen. Maria Elena Durazo, D-Los Angeles, and Sen. Angelique Ashby, D-Sacramento, all addressed the crowd, highlighting their respective legislation working to provide those with criminal records different pathways to a “second chance.”
“It is the responsibility of government to make sure that all Californians receive a second chance,” Lowenthal said, with the senators echoing similar sentiments.
“We are here because too many have waited far too long for the system, the system to catch up, because your record does not define your worth,” Durazo said.
230 people seek help with clearing their record
The expungement clinic began soon after and was the main draw for many attendees. Two hundred thirty people participated in the clinic, according to organizers.
“I feel good driving here from San Francisco, and it feels like a lot of weight has been lifted off my shoulders, even though the process is not complete yet,” Hopkins said, describing the clinic as a seamless, easy experience.
“I’ve changed my life,” Hopkins said. “Feels good to know that somebody’s working for me and helping me get my life together...It’s relieving to have this service.” He said he hopes to share this opportunity with others in San Francisco through his local men’s group and help others embark on a similar journey.
Garron Cooper, a 38-year-old East Bay resident, was convicted for petty thefts, which made it hard to get a job. He heard about the event on social media and considered himself lucky to find this opportunity to expunge his record, which he didn’t know was possible.
“I look at it as a blessing, and I’m taking it in and doing what I have to do to make things happen,” Cooper said.
Help with the legal process
Public defenders’ offices from several counties were present to assist with the clinic including Sacramento, San Francisco, San Joaquin, Solano, Contra Costa and Alameda. The Record Clearance Project and Root and Rebound organizations also supported the event.
Maureen Kildee, a lawyer with the San Francisco Public Defenders Clean Slate Unit, explained that expungement in California is a dismissal of your conviction but not a true expungement. For many jobs, background check companies will not report a dismissed conviction. However, in certain circumstances like jobs requiring licenses, work in government facilities or working with vulnerable populations, a potential employer may still see the previous conviction and expungement.
The general participant experience at the clinic begins with completing an application for the respective agency, which then allows them to pull up an individual’s record and assess the particular case. It provides access to local and statewide records which informs where the agency can refer the individual and what next steps they are eligible for.
Judges may grant an expungement “in the interest of justice.” These organizations can help the convicted person with personal statements that can support a positive ruling in their favor as they navigate the dismissal.
Calvin Drew Jr. had spoken to lawyers in hopes of having his record dismissed for a misdemeanor that occurred 15 years prior but was inhibited by the high costs. The clinic was the first opportunity accessible to him for his “fresh start...taking the stigma off his record.”
The 38-year-old Sacramento County resident felt nervous before coming out, he said, but found the experience comfortable, fast and efficient. He left the event feeling “bright, all capital letters.”
Throughout the day, members of the leading organizations visited the Capitol to speak with some of the legislators about the bills moving through the Legislature and sharing their personal stories, according to Tinisch Hollins, executive director of Californians for Safety and Justice.
Several pieces of legislation
Lowenthal’s AB 704 would allow individuals arrested or convicted for a low-level offense or misdemeanor that occurred before the age of 26 to petition to have their record sealed.
He is also authoring AB 812, which instructs the California Department of Corrections and Rehabilitation to establish regulations around recommending incarcerated fire crews for re-sentencing.
“Not only will this incentivize the enrollment in this critical program, but it can also reward these individuals for the vital role in the prevention and response to California wildfires,” Lowenthal said, noting that low custody status and demonstrated rehabilitation are required for eligibility. “In short, these these folks have shown exemplary character.”
SB 834 by Durazo aims to expand automated record clearance for those with eligible arrests and convictions through a series of “straightforward fixes.” The updates include ensuring local court records match Department of Justice records, clarifying the proof of relief process and ensuring outdated pending charges are not a barrier.
Ashby highlighted SB 562 which is a financial justice bill, seeking to allow defendants to receive a refund of bond fees paid to bail bond companies under certain conditions.
Other bills in the Legislature related to these criminal reform efforts include Sen. Eloise Gomez Reyes’ SB 245, streamlining expungements for fire camp participants, and Assemblymember Mia Bonta’s AB 938, ensuring all survivors of violence can vacate or remove a record resulting from the abuse or victimization experienced.
