Expungement Process Archives - JDP https://www.jdp.com/blog/tag/expungement-process/ Employment Screening, Background Check Fri, 03 May 2024 18:56:55 +0000 en-US hourly 1 Missouri Circuit Courts Request $3.7m For Processing Marijuana Expungements https://www.jdp.com/blog/missouri-circuit-courts-request-3-7m-for-processing-marijuana-expungements/ Tue, 02 Apr 2024 18:44:55 +0000 https://www.jdp.com/?p=18548 April 3, 2024 Missouri’s circuit courts have been busy processing expungements to comply with the 2022 constitutional amendment. The constitutional amendment created a June 8 deadline for expunging misdemeanors and December 8 for felonies. The state’s courts have successfully cleared over 100,000 marijuana-related charges from residents’ criminal records. However, court officials have discussed requesting additional […]

The post Missouri Circuit Courts Request $3.7m For Processing Marijuana Expungements appeared first on JDP.

]]>
April 3, 2024

Missouri’s circuit courts have been busy processing expungements to comply with the 2022 constitutional amendment. The constitutional amendment created a June 8 deadline for expunging misdemeanors and December 8 for felonies. The state’s courts have successfully cleared over 100,000 marijuana-related charges from residents’ criminal records. However, court officials have discussed requesting additional funding to complete these expungements.

The court officials commented on their challenges when determining how many marijuana records they still need to expunge. According to the officials, many records are not in digital format. As a result, they confirmed that they had to physically sort and review the physical documents to determine which records qualify for expungements.

The state began the expungement process by identifying which digital records qualify. After determining the appropriate information, they sent it to the circuit courts for expunging. This process allowed the courts to expunge 103,558 by January 2, 2024. However, many court officials believe they need more funding to continue. This funding would help them complete the detailed work required to complete the expungements under Amendment 3.

Court officials intend to request an additional $3.7 million for the upcoming budget year. They will soon make a case before a House appropriations committee. During the last budgeting year, state courts provided state courts with an additional $4.5 million. This budget paid for overtime and temporary workers to process the many expungements that Amendment 3 required. On May 5, the state also approved an additional $2.5 million supplemental budget.

The law explains how they use the revenue from taxes collected on recreational marijuana sales and fees paid by regulated businesses. According to the law, this revenue would cover the costs of regulating the program. Any additional revenue would go to the court system to cover the expenses associated with the expungements guaranteed under the law.

To access the additional funds, the courts must request reimbursement for incurred expenses related to performing additional work for the Circuit Court Budget Committee. According to the Missouri Supreme Court’s communications counsel, Beth Riggert, the committee has provided the courts $4.2 million in additional funding. These funds have often helped pay for overtime and further assistance to complete the expungement processes.

Greene County received $940,000 and used it to complete the most expungements, 4,306. However, the amount of funding and size of the county do not dictate which counties expunge the most records. For example, Laclede County expunged the second-highest number of records despite having a population of 36,000 and receiving roughly $35,000 from the assistance program.

Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

Source

 

The post Missouri Circuit Courts Request $3.7m For Processing Marijuana Expungements appeared first on JDP.

]]>
HB 252 Could Change Expungement Process in Utah https://www.jdp.com/blog/hb-252-could-change-expungement-process-in-utah/ Mon, 12 Feb 2024 20:53:31 +0000 https://www.jdp.com/?p=18432 Feb 12, 2024 Recently, Representative Karianna Lisonbee introduced House Bill 252 (HB 252) in Utah. This bill would streamline the expungement process. According to the proposal, Utah would temporarily pause automatic expungement. Official Comments State officials commented that HB 252 would allow them to focus resources on greater needs. For example, they could concentrate on […]

The post HB 252 Could Change Expungement Process in Utah appeared first on JDP.

]]>
Feb 12, 2024

Recently, Representative Karianna Lisonbee introduced House Bill 252 (HB 252) in Utah. This bill would streamline the expungement process. According to the proposal, Utah would temporarily pause automatic expungement.

Official Comments

State officials commented that HB 252 would allow them to focus resources on greater needs. For example, they could concentrate on expungement petitions during this time. In addition, Rep. Lisonbee communicated that local law enforcement agencies have fallen behind on expunging criminal records.

The current quote estimates a backlog of over half a million. It would take approximately five years to clear the backlog at this pace. Rep. Lisonbee also said that the backlog consists of people with misdemeanors affecting their lives. As such, she wants them to get the expungements so they can finally move on.

How It Works

HB 252 would pause automatic expungements for three years. She also clarified how long it would take if people decided to use the current system for their expungements. It could take over three years to batch and process the expungements in Utah’s automatic expungement system.

As a result, Utah HB 252 will prioritize petition-based expungement cases. Most of these petitions involve felony records, which Rep. Lisonbee hopes to expunge swiftly. She explained that these felony-based criminal records impact an individual’s opportunities more than misdemeanors.

Due to this reasoning, Utah aims to address these petitions as swiftly as possible. However, many of the state’s records are on paper, making the job difficult. Local law enforcement agencies must physically sort through their records to find cases eligible for expungement. 

Initially, HB 252 would also offer a fee waiver for those at or below 250% of the U.S. poverty line. However, the House Judiciary Committee amended this percentage to 175. One of the representatives pushed to amend the amount. For the Utah code, the percentage is generally 150, but she was willing to have a higher percentage.

As required, HB 252 underwent a public comment. During this period, the Cache County Sheriff, a criminal defense attorney, and others discussed the bill’s potential and drawbacks. After listening to all the comments, the Committee recommended the bill with a 10-1 vote. 

 

Should it pass, many may see a longer delay in expungements as the systems and processes adjust. As such, anyone wishing to continue their current progress may opt out of the change. This decision would allow them to rely on the automatic expungement process to find and seal eligible records.

 

Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

 

Source

 

The post HB 252 Could Change Expungement Process in Utah appeared first on JDP.

]]>
City In Virginia Eases Expungement Process for Criminal Records https://www.jdp.com/blog/city-in-virginia-eases-expungement-process-for-criminal-records/ Sat, 20 Jan 2024 14:05:41 +0000 https://www.pre-employ.com/?p=17969 City In Virginia Eases Expungement Process for Criminal Records Jan 20, 2024 Individuals in Alexandria, Virginia, will find it easier to expunge their records. However, this update will only affect those with criminal records in the Alexandria court system or police. The Sheriff of Alexandria, the Commonwealth’s Attorney, and the Clerk of the Circuit Court […]

The post City In Virginia Eases Expungement Process for Criminal Records appeared first on JDP.

]]>
City In Virginia Eases Expungement Process for Criminal Records
Jan 20, 2024

Individuals in Alexandria, Virginia, will find it easier to expunge their records. However, this update will only affect those with criminal records in the Alexandria court system or police. The Sheriff of Alexandria, the Commonwealth’s Attorney, and the Clerk of the Circuit Court recently announced a new expungement process. 

According to the announcement, they will introduce a one-stop, limited-cost process for individuals interested in expunging these records. There are specific cases when a criminal record gets expunged. These examples include the mistaken use of a person’s name, a dismissal, acquittal, absolute pardon, or nolle prosequi. Eligible records will receive expungement after the circuit court enters an order.

The Alexandria Sheriff’s Office will provide the fingerprinting process for free. Sheriff Casey explained that fingerprinting is a critical part of the expungement process. As such, providing this service at no cost will expedite and ease the expungement process. The Commonwealth Attorney’s office will also help make the process affordable by waiving the service fees for the expungement process. Finally, the Clerk’s Office will refund the filing fees as the law requires if the court grants an applicant’s expungement request.

There are currently fees set by law for expungement. Other than the filing price, this initiative would waive the expungement fees. Should the court grant the expungement, it would waive the filing fee. The usual fees to obtain an expungement are listed below:

  • Filing fee; must pay to the Clerk’s office, but is 100% refunded if the court accepts the expungement.
  • Fingerprint fee; usually $10, but the Alexandria Sheriff’s Office will waive it through this initiative.
  • Service and process fee; waived by the Commonwealth’s Attorney as a part of this initiative.

Applicants should know they must pay the $86 filing fee upfront. Should the court grant an expungement, the court will refund the filing fee. As such, not receiving an expungement means applicants will not receive a refund. These expungements should help many individuals obtain more employment opportunities. Furthermore, they should help businesses by expanding the labor pool. 

Businesses can also provide a second chance for individuals waiting for expungement or ineligible to receive one. In the hiring process, they can determine whether the applicant’s criminal record is relevant to the desired position. One way to start a second-chance employment program is to partner with an experienced background-check company. The right partner will deliver accurate and compliant reports, ensuring the company can make an informed decision.

Discover the benefits of JDP’s seamless background checks for your business. Contact a Sales representative today.

Source

The post City In Virginia Eases Expungement Process for Criminal Records appeared first on JDP.

]]>
Ohio May Ease Expungement Process for Some Marijuana Convictions https://www.jdp.com/blog/ohio-may-ease-expungement-process-for-some-marijuana-convictions/ Mon, 01 Jan 2024 14:46:36 +0000 https://www.pre-employ.com/?p=17884 Ohio May Ease Expungement Process for Some Marijuana Convictions January 01, 2024 Ohioans legalized marijuana when they approved Issue 2, leading to the law taking effect on December 7. Those with criminal records for minor possession violations may soon seal or expunge these records. This ability is one of several changes under consideration in the […]

The post Ohio May Ease Expungement Process for Some Marijuana Convictions appeared first on JDP.

]]>
Ohio May Ease Expungement Process for Some Marijuana Convictions
January 01, 2024

Ohioans legalized marijuana when they approved Issue 2, leading to the law taking effect on December 7. Those with criminal records for minor possession violations may soon seal or expunge these records. This ability is one of several changes under consideration in the new law by the General Assembly. 

The Senate passed a bill to provide money for court training and new systems. Incorporating these improvements would also improve the expungement processing speed. Furthermore, the bill intends to collect this money through taxes on marijuana sales.

Though the Senate passed a bill earlier in December with the Governor’s strong endorsement, the House has not approved it. Instead, the House is considering a bill that does not include anything about expungements. Despite this delay, the Democrats claimed that expungements are a vital subject.

Ohio Rep. Dani Isaacsohn said that expungements are a priority because they are a need and a priority for his constituents. He also said that marijuana use is similar among the different racial groups and demographics. However, charges for marijuana-related crimes and convictions are racially disproportionate. So, he says that expungements are an issue of racial equity and justice.

Unfortunately, an effective automatic expungement process could be challenging to set up. According to the Hamilton County Clerk of Courts, the system cannot handle this; the large number of requests would cause significant complications. The new law also has a limit of 2.5 ounces of marijuana, whereas the limit in the criminal statute was for a maximum of 100 grams, which is over 3.5 ounces. This difference could cause problems for processing the expungements.

It could be some time before the Senate and House agree on changes to the new law. This expectation is because they cannot agree on several issues. Regardless of whether they reach an agreement, the law would still require individuals to attend a hearing with a judge to seal or expunge their records. Those who successfully expunge or seal their records must apply separately to do the same for other convictions.

It remains uncertain whether the legislators will agree on a bill. However, employers can help job applicants by considering which offenses should disqualify someone from a job. The best way to start a second-chance program is to partner with a background check company experienced in this area.

JDP makes background checks easy and reliable. Contact a sales rep today.

Source

The post Ohio May Ease Expungement Process for Some Marijuana Convictions appeared first on JDP.

]]>
Louisiana Makes the Expungement Process More User Friendly https://www.jdp.com/blog/louisiana-makes-the-expungement-process-more-user-friendly/ Thu, 27 Jul 2023 20:09:13 +0000 https://www.pre-employ.com/?p=16918 Louisiana Makes the Expungement Process More User Friendly July 27, 2023 Due to Louisiana’s costly expungement process, the state’s lawmakers have passed legislation to make it more manageable. Before the changes, individuals had to pay $550 per charge. This price is too high for many people.  The passed legislation is the New Endings and Opportunities […]

The post Louisiana Makes the Expungement Process More User Friendly appeared first on JDP.

]]>
Louisiana Makes the Expungement Process More User Friendly
July 27, 2023

Due to Louisiana’s costly expungement process, the state’s lawmakers have passed legislation to make it more manageable. Before the changes, individuals had to pay $550 per charge. This price is too high for many people. 

The passed legislation is the New Endings and Opportunities Act, which Senator Royce Duplessis led. This legislation would remove the cost of expungement, easing the struggle to seal eligible offenses. Lawmakers have reduced the obstacles many eligible individuals face through the newly passed legislation. 

For example, this law would eliminate application fees. It would also help facilitate communication between the agencies involved in the expungement process. As such, New Orleans will soon upgrade their computer systems to improve the process further.

According to the previous law, you had to hire a lawyer to expunge an eligible offense. The attorney would file the petition with the court for you. However, the new law allows you to expunge your eligible records without assistance, allowing you to start the process immediately. Should you have eligible offenses, you should find this cheaper and more accessible.

The new law will not alter the requirements to obtain an expungement. Instead, it only makes the process more accessible for eligible offenses, which could benefit approximately 1.3 million people in Louisiana. However, the new procedure could take a while to put into effect. 

Despite the expected delay, Sen. Royce Duplessis believes it could go into effect within a year and a half. Should you have an eligible offense, consider staying updated with the Act’s implementation. Following and using it soon as it becomes available could significantly improve your employment and housing opportunities.

Remember that Louisiana’s law will not expunge or seal many offenses. Therefore, you should determine the eligibility of your records. Furthermore, you must adhere to the offense’s waiting period before expunging it. For example, eligible misdemeanor offenses have a five-year waiting period. Non-violent felony arrests and conviction records require ten years. 

Anyone with eligible records will benefit from sealing the information despite the wait. Removing it from the public’s view, such as employers or landlords, allows you to apply for greater opportunities. Once the process is complete, running a self-background check would be a good idea to ensure your record no longer appears in your background check. Reviewing your background report also allows you to correct any mistakes, such as sealed records still appearing.

Click here to run a self background check

Sources

The post Louisiana Makes the Expungement Process More User Friendly appeared first on JDP.

]]>