Minnesota officials plan to provide thousands of individuals with expungement relief in the coming months. According to the legislation that passed in 2023, these expungements would cover low-level marijuana convictions.

The Minnesota Legislature passed the Adult-Use Cannabis Act and the Clean Slate Act in 2023. The state’s Bureau of Criminal Apprehension has worked on this plan since then. According to the Bureau, they have worked on determining which marijuana records qualify for the legislation’s automatic expungement process. 

The Bureau estimated that 66,000 records for misdemeanor cannabis-related convictions would qualify for automatic expungement. Officials estimated the state could carry out these expungements by August, possibly as early as May. Under the Adult-Use Cannabis Act and the Clean Slate Act, the state would regulate the cannabis market and provide relief to those previously convicted for cannabis-related violations. 

Under these Acts, adults may purchase, possess, and home-cultivate marijuana within certain limits. The law also created a system for the automatic review and expungement of certain non-violent marijuana-related violations. These changes may help improve housing and employment opportunities for individuals with these convictions.

Minnesota created a Cannabis Expungement Board to facilitate these changes. The board reviews these records on a case-by-case basis to determine eligibility for expungement. According to state officials, they have identified over 200,000 felony drug cases that could qualify. Despite this number, not all will be cannabis related.

The Cannabis Expungement Board is still reviewing these cases to determine which are definitively eligible. Under the law, the Board reviews records that do not involve threats, violence, or the use of weapons and disqualifies records that do. Reviewing these cases is expected to be a significant undertaking. As a result, the board intends to employ at least 30 legal professionals dedicated to examining cases to determine eligibility.

Expunging the qualified low-level marijuana convictions would prevent the public from seeing these cases. As such, these records would not appear in background checks for employment or housing. However, the Bureau of Criminal Apprehensions issued a warning for interested parties. The Bureau explained that they cannot notify consumers about their expunged records.

Consumers with eligible convictions can check the courthouse and inquire about the expungement process. Otherwise, individuals can use a public terminal to search for their cases. Those with qualified records should consider running a self-background check. A self-check allows consumers to review the information that employers, landlords, and others see on their reports. Reviewing these records also enables them to make corrections, especially if expunged information still appears on the report.

Background checks don’t have to be complicated. Try running a self background check today and give yourself a head start.

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The Small Business Administration (SBA) has announced changes to the loan program’s restrictions concerning an applicant’s criminal history. According to the SBA’s administrator, the federal agency intends to ban the restrictions on those with criminal backgrounds. This decision could benefit those with criminal records who want to start or expand a business. However, interested parties must complete their sentences to qualify for the loan programs.

The new rules by the Small Business Administration would remove most restrictions on loan programs based on an applicant’s criminal record. This change could improve eligibility for SBA loans for millions. The rules also enforce a ban-the-box on SBA loan applications. This change would prevent criminal history questions from appearing on loan applications.

The current eligibility SBA loan requirements often confuse applicants with criminal records, discouraging many from getting a loan. The SBA worked to correct this issue by making it easier for those with criminal records to apply. It also addressed disparities in the system and growth opportunities, especially the detrimental effect on black business owners. 

According to the Congressional Black Caucus (CBC) chairman, the announcement “reflects our shared commitment to supporting Black-owned small business owners and expanding access to capital to Black and underserved communities.” The chairman also commented, “By finally banning the box on SBA loan applications, we are not just changing policy; we are eliminating unnecessary barriers to entrepreneurship, boosting our economy, creating well-paying jobs, and generating Black wealth.”

Many previously incarcerated individuals struggle to obtain work or loans due to discrimination about their criminal history. The Bureau of Justice Statistics conducted a study involving individuals released from state and federal prisons nationwide in 2022. Of these people, Nevada saw roughly 4,500 people fully rejoin the population. The SBA hoped to help those who finished their sentences re-enter the workforce by dedicating $52 billion in “capital, disaster relief, and bonding to small businesses and disaster-impacted communities.”

The Bureau of Justice Statistics ran a similar study concerning 51,500 people released from federal prisons in 2010. According to the Bureau, one-third of released individuals remained jobless at some point in the first four years after release. During this timeframe, employment for released individuals never exceeded forty percent. The new SBA rule could provide opportunities for those interested in starting a business.

It remains uncertain when the SBA loan reforms will take effect. Regardless, anyone interested in starting a business should consider running a self-background check. This check would allow them to correct any errors in their report and prepare to answer any questions about their background.

Click here to run a self-background check to prepare for your next job interview.

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Massachusetts has decided to pardon offenders charged with simple marijuana possession. As announced by Governor Healey, “I am exercising my executive power as governor under the Massachusetts Constitution, subject to approval by the Governor’s Council, to pardon all misdemeanor convictions for marijuana possession on record in our state.”

This is the first state to do so since President Biden decided to grant pardons to federal offenders charged with simple marijuana possession. Though the Governor’s Council approved the pardons and unanimously supported the effort, they voiced questions on the matter. Such questions included concerns about whether this was enough help for those affected by past marijuana laws.

According to the governor, anyone convicted of misdemeanors for possession of marijuana could qualify for the pardon. However, she emphasized that qualified records included those before the day her letter of request reached the council. The Lieutenant Governor also explained what would happen due to the Governor Council’s vote.

Those charged with misdemeanors of possessing marijuana before March 13, 2024, will see their crimes immediately cleared. As such, anyone receiving a pardon will see it done without taking personal action. Anyone who would like a Certificate of Pardon can request one.

The court system will update all charges of marijuana possession to show the pardoned status. This process involves updating records for approximately 70,000 to 100,000 people. As such, the Massachusetts trial court indicated this could take months. Though concerns have arisen, the court did not give an opinion on the pardon plan. Regardless, they are ready to begin updating the records.

The pardons do not remove the charges from an individual’s record. As such, the council voiced concerns about simply marking the records as pardoned. When searching for actions to help affected individuals, Councilor Kennedy asked District Attorney Kevin Hayden for ideas. District Attorney Hayden recommended they consider expungement. Councilor Kennedy has taken this into consideration and also encouraged the council to do more to inform affected individuals about their pardoned records.

Councilor Terrence Kennedy commented on a scenario concerning the pardons. In this example, Councilor Kennedy explained how an individual’s records would still show the pardoned conviction. Despite the information mentioning the pardoned status, most people with marijuana convictions would not know about the changed status.

These pardons are only for simple marijuana possession. As such, they do not apply to other charges made in conjunction with possession, possession with intent to distribute, or any other higher-level charges in marijuana trafficking. According to Governor Healey, the pardon will take effect immediately.

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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.

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Representatives from Connecticut Governor Ned Lamont’s administration have announced another delay. This delay affects the state’s Clean Slate law, once again preventing its full implementation from taking effect. As such, those hoping for automatic expungements from the Clean Slate law must wait longer.

This delay follows an announcement from three months ago about the law taking effect in January 2024. Had it begun, it would have expunged the misdemeanors and felonies of over 80,000 individuals. According to the representatives, the state has successfully cleared the records of approximately 13,600 people. This effort amounted to roughly 33,000 charges.

Of these 33,000 charges, approximately 30,000 expunged offenses are for misdemeanors, and the remaining are qualifying low-level felonies.

Under the Clean Slate law, offenses qualifying for automatic erasure include:

• Any unclassified (less than one-year imprisonment) or classified misdemeanor after a seven-year wait from the most recent conviction
• Class D, E, or unclassified (less than five years of imprisonment) felonies and any convictions for operating under the influence after a ten-year wait from the most recent conviction
• Have not received convictions of other crimes during this wait period

The automatic expungement applies to offenses with resulting convictions dated on or after January 1, 2020. Furthermore, individuals must complete all sentence requirements to qualify for the automatic erasure. Such requirements may include prison time, parole and special parole, and/or probation.

The state previously estimated that over 80,000 people would qualify for automatic erasures under state law, which would amount to roughly 178,000 offenses. Initially, it should have cleared by the end of January 2024. The data provided by the state shows how it has fallen short of the goal.

The Department of Emergency Services and Public Protection is one of the agencies responsible for rolling out the Clean Slate law. As such, the Department reported details about the delays. According to the Department of Emergency Services and Public Protection, the reasons for the delay include aging data systems and inaccurate data. The state previously thought it had cleared the long-running technology issues after its $8 million information technology upgrades, which finished in December last year.

The Lamont Administration announced that they expect another 65,000 individuals to see their records expunged in the upcoming weeks. The goal is to expunge all qualifying records from January 1, 2000, within the next 12 months. However, many have criticized the progress due to delays in information about the Clean Slate progress and obstacles.

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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.

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Vermont legislators have returned to discuss reforming the state’s existing expungement system. They will also discuss expanding the ability for residents to seal old criminal records. However, this attempt closely resembles a similar measure that Governor Phill Scott vetoed almost two years ago.

Vermont currently offers two methods for individuals to limit or remove access to their criminal records: expungement and sealing. Expunging records effectively eliminates the recorded criminal history, making it appear like it never happened. Sealing removes the record from public access, though certain agencies can still access it when permitted. During a House judiciary committee meeting, legislative counsel Michele Childs referred to criminal history as “all information documenting an individual’s contact with the criminal justice system.”

This new legislation (H.655) expands the list of offenses qualifying for sealing upon petition. It would also shift certain expungeable offenses to sealable. H.655 would also update who can access sealed criminal records and under what circumstances. Under H.655, the current dual process would change almost entirely to sealing criminal records, with few records qualifying for expungement.

The previous bill, H.534, which Governor Scott vetoed, would have expanded the number of offenses qualifying for expungement. Governor Scott explained that he rejected the bill due to several concerns. For example, he worried about expanding eligibility for sealing drug offenses as violent crimes associated with drugs spiked. Finally, Governor Scott commented that it contradicted legislation related to gun safety and the expansion of background checks.

H.655 attempts to follow up on a compromise suggested by the governor to resolve these concerns. Governor Scott announced, 

“To address these concerns, my administration proposed a uniform, simplified system of sealing – rather than erasing – criminal records. This approach would eliminate undue consequences related to housing, job, and education for those Vermonters who are not repeat offenders while also ensuring access for law enforcement and criminal justice purposes as well as for background checks necessary to ensure public safety and security.”

Because expungement makes it as if the records never existed, agencies, landlords, and employers will find it challenging to access expunged convictions. Expunging these records can also pose challenges for law enforcement and government agencies. Though sealed records remain, accessing them has proven difficult. As such, certain circumstances may allow interested parties to access the information. Accessing these records requires specific purposes, such as government-performed background checks.

Though the House has already approved H.655, it still awaits review from the Senate. Its future proves further uncertain, as it also needs the governor’s signature.

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.

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Hawaii’s state Senate has considered House Bill 1595 (HB 1595). This bill makes the state responsible for starting the expungement process for some convictions and arrests for minor drug offenses. However, the bill received significant modifications during a hearing with the Senate’s Committee on Judiciary.

The first draft of HB 1595 proposed a process for the state to start the expungement process. This process would apply to criminal records with arrests or convictions for third-degree promoting a detrimental drug. In addition, it would require the Hawaii Criminal Justice Data Center to file biennial reports with the legislature. This requirement would continue until the state finishes expunging all eligible records.

Hawaii decriminalized the possession of marijuana for less than three grams in 2019. As such, the state allows individuals to expunge relevant criminal records in some situations. However, the current law requires these people to start the process, correctly complete it, and afford it. Passing HB 1595 would change this process.

However, the Office of the Attorney General and the Department of Corrections and Rehabilitation opposed the bill. As such, the state Judiciary recommended further study. This decision resulted in the committee’s acceptance of an alternative approach: a pilot program proposed by the Attorney General’s office.

The Attorney General’s office had several concerns about HB 1595. The office explained that the bill promoted a detrimental drug in the third degree. Doing so would remove its status as an offense, but would not remove it from the penal code. Another issue concerned the difficulty of locating individuals eligible for expungement. They argued the challenge came from lack of personal information needed in finding eligible individuals. Finally, the office worried that HB 1595 would apply to those arrested or convicted of possessing Schedule V substances other than marijuana.

The pilot program proposed by the Attorney General’s office would address these concerns. For example, it would define the eligibility to ensure only marijuana records qualified. The program would include individuals charged with marijuana possession under Section 712-1249 HRS. However, their arrest must have concluded in a non-conviction disposition to qualify.

The pilot program has since received the committee’s endorsement. As such, the pilot program would span 14 months with a manageable number of cases. To ensure they work within workable perimeters, the state will limit the pilot program to the island of Hawaii. It remains uncertain whether HB 1595 will move forward after Hawaii completes its pilot program.

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A series of bills concerning old marijuana convictions recently reached Maine legislators. These proposals intend to address the record-sealing process for marijuana convictions, as marijuana is legal in the state. According to the bills, they would expand the list of qualifying convictions, possibly creating an automatic sealing process.

In 2017, Maine legalized the recreational use of marijuana. Despite this, convictions for possessing or using marijuana before legalization have remained on individuals’ records. These remaining records created significant hardships for those seeking employment or housing. 

Advocates for decriminalizing marijuana also argued that minorities such as Black and Hispanic individuals faced disproportionate impacts from these records. According to advocates, law enforcement often targeted minority communities under previous drug laws. This issue further spurred the Maine legislature to receive several proposals to seal these records from the public.

One proposal is LD 2269. It would address marijuana-related convictions from January 1, 2001, through January 30, 2017. LD 2269 would automatically seal or mark these records as confidential. The bill would include convictions for possessing marijuana and several related crimes. Furthermore, LD 2269 would task the Department of Public Safety, the Bureau of State Police, and the State Bureau of Investigation with monthly reviews. 

They must search their databases for underlying convictions qualifying for automatic sealing. They must transfer information on qualifying records to the Administrative Office of the Courts. This office would then send all relevant information to the Superior or District Court as appropriate. The court will then determine the convictions’ eligibility for automatic sealing. 

The court will notify the State Bureau of Identification for offenses that do not qualify. The State Bureau of Identification must file the notice alongside the criminal record. If an offense qualifies, the court will inform the State Bureau of Identification to keep the records confidential.

Another bill submitted to Maine’s legislature is LD 2236. This bill would update the definition of “eligible criminal conviction.” According to LD 2236, the definition would include any Class D crime related to the unlawful possession or cultivation of marijuana before January 30, 2017. The bill would allow affected individuals to file a post-judgment motion to seal their eligible criminal history.

Another bill under consideration is LD 2218. It would eliminate age limitations for those seeking to seal their offenses. Currently, post-judgment motions could apply only to individuals between 18 and 28 years old at the time of the crime. As such, LD 2218 intends to eliminate this statutory prerequisite.

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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.

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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.

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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.

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Cincinnati’s city council will consider a proposal to expunge certain criminal records. Former City Council member Tamaya Dennard suggested the proposal, hoping to help individuals with criminal records better reintegrate into society.

This proposal would address expungement for records concerning specific city ordinance violations. Council Member Denard also has a criminal record, accepting money for votes and facing arrest in 2020. She served time in prison for the offense and worked as the Center for Employment Opportunities director. This center is an agency that helps people with convictions find jobs. Since then, she commented on how she had the opportunity to re-enter society and acquire a successful career after returning.

As such, Council Member Denard questioned why others could not have similar success. She presented the proposal to the Law and Governance Committee, hoping to help individuals with low-level crimes on their records. If enacted, it would change how Cincinnati treats people with criminal backgrounds. For example, it would automatically expunge warrants and court no-shows after seven years have passed. It would also repeal mandatory sentencing for some convictions. Finally, she hopes it would end Cincinnati’s policy of not hiring individuals for five years after a conviction.

One of the council members, Scotty Johnson, supported studying the expungement plan’s viability. Furthermore, he stressed the importance of helping people trying to reintegrate into society. Prosecutor Melissa Powers also expressed support for the proposal. She voiced interest in developing these policies. Furthermore, she approved giving individuals second chances and the chance to be productive community members.

However, some have voiced disapproval of the proposal. Those disapproving of it believe that leniency on criminal records may reduce punishment’s deterrent effect. In response to this argument, Council Member Dennard stated that losing the ability to obtain housing or a job is already a punishment. As such, she feels it becomes a question of how much punishment individuals should get.

In one response to the “Part of deterrence is punishment” claim, Council member Dennard replied, “Is it punished to no end? Or at what point do you show mercy and say, ‘Okay, you suffered enough…'”

Enacting this proposal could help many individuals with eligible criminal records. The most significant aid comes from automatically expunging these records. This change would open more opportunities for jobs and housing for many individuals. It would also improve the ability of people with criminal records to get a job with the city by no longer refusing to hire them for five years after a conviction.

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The Governor of Massachusetts plans to pardon anyone convicted of simple marijuana possession in the state. According to the governor’s office, this could mean pardoning hundreds of thousands. However, the state does not have exact information on how many people qualify for the pardon. 

The governor’s office also explained that pardons do not apply to other marijuana-related charges. For example, those charged for driving under the influence will not qualify. Anyone with charges related to the distribution of marijuana will also face disqualification for the pardon.

Those who did not receive a pardon for marijuana convictions will find this information still in their background reports. As a result, potential employers or landlords may still access these records and use them when deciding the individual’s eligibility.

Governor Healey will be the second governor to pardon people for simple marijuana possession. This decision is in response to President Biden’s pardons for simple marijuana possession in Washington, DC. At the time, the President asked all state governors to do the same.

The first to follow President Biden’s example was the governor of Oregon. She pardoned people in her state with convictions for simple marijuana possession of no more than one ounce, resulting in over 47,000 pardons. In December of 2023, President Biden pardoned those with convictions for using or attempting to possess marijuana on federal land. He asked again for Governors to issue simple pardons. 

The Massachusetts Governor stated that pardons would be automatic for most individuals. As such, individuals do not need to do anything to update their criminal records. She also explained what to do when someone needs to prove they received a pardon before the state updates their records. Anyone may use an online form to request proof. She also encouraged those who felt passed over for a pardon to apply online for proof.

The plan has received widespread support among elected officials, criminal justice reform advocates, and others. Unfortunately, issuing these pardons may not be straightforward. For example, the plan must receive support from the Governor’s Council to approve the pardons. This council is an eight-member group tasked with reviewing pardons.

Following a vote to approve the measure, Governor Healey stated that the pardons would become effective immediately. However, updating an individual’s records may take longer to reflect the change. Governor Healey acknowledged that “Nobody should face barriers to getting a job, housing or an education because of an old misdemeanor marijuana conviction that they would not be charged for today.” As such, she voiced gratitude for President Biden’s actions and her desire to answer his call to action.

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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.

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