The police in Salt Lake City have struggled to expunge the thousands of criminal records they must seal. This struggle has caused a significant backlog, making it difficult for those waiting on the expungements. Those still waiting are hopeful for improved employment and housing opportunities that come with sealed records.

In August, auditors informed the Salt Lake City Police Chief of the progress. However, the 16,000 expungements that had yet to begin increased to 62,000. This number could take many years to complete, upsetting many people still waiting to seal their records. 

It is unknown how many expungements the city’s police have completed; Salt Lake City does not have a process to notify people about the expunged records. Despite this, state law requires the police to inform someone who has served an expungement order of a successfully sealed record. Utah had two options for people who wanted to obtain an expungement before 2019. 

An individual could request the state board of pardons or a judge to expunge an offense. Additionally, people with prosecutions or arrests that did not result in a conviction could have them sealed. However, the Clean Slate Law passed in 2019 invited several changes. This law required the automatic expungement of qualifying low-level offenses committed several years ago.

This process has not been easy. According to a spokesman for the Salt Lake City police, lack of information has slowed the automatic expungement process. One problem concerns the state’s Bureau of Criminal Identification. The Bureau must notify the police of expungement orders. However, it has proven inconsistent when forwarding information, such as case numbers. 

The spokesman said they have become more efficient and shortened the process from 25 steps to four. He also stated that they had addressed expungement orders approved by the board of pardons or a judge. Furthermore, the spokesman explained that the police department prioritized in-person requests. As such, there is no backlog for these cases.

The spokesman also addressed whether Salt Lake City would implement a system to track expungements. The idea stems from similar systems, such as those tracking package deliveries or mail-in ballots. He acknowledged the idea as reasonable and said they could explore it if such a system did not exist.

Auditors suggested the state hire more police to process the expungements. One Salt Lake City Council member said he would support this idea. Regardless, how long it will take to process the expungements remains uncertain.

Employers can help by considering which offenses should disqualify an applicant from being considered for a job. The best way to start a second chance hiring program is to partner with a background check company experienced in this area.

Keep your business up to date on new laws and regulations with JDP’s free news resources. Keep your business compliant with new laws and regulations with Pre-employ’s reliable background checks. Contact a sales rep today.

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Voters in Saint Louis approved Amendment 3 last November, amending the legalized use of marijuana for adults. Its approval also signaled the start of automatic expungement for several non-violent cannabis-related offenses. Since taking effect on December 8, 2022, over 900 cannabis-related criminal convictions have received automatic expungement.

However, the 22nd Judicial Circuit Court spokesperson discovered a concerning fact: The Court found more cases ineligible for expungement than eligible. Furthermore, completing the automatic expungement for records has proven complicated. According to the spokesperson, the Saint Louis Circuit Court clerks have reviewed over 7,000 cases. 

Progress So Far

Of these cases, 977 have had their convictions expunged, but 6,100 did not qualify for expungement. The spokesperson also explained why so many cases proved ineligible for expungement: Of the 21,000 records identified by the 22nd Circuit Court, many involved drugs other than marijuana. In addition, he described how the process required a thorough search through each record.

The Challenges

The clerks had to examine each record individually and determine whether it met the expungement requirements. Some crimes involving marijuana do not qualify for expungement, such as driving under the influence or selling marijuana to minors. Another issue prolonging the process involves multiple charges where just one relates to marijuana. In these cases, the worker has to locate the marijuana charge, redact the part of the case pertaining to marijuana, and leave the others in place.

The spokesperson also revealed that the older files made the process more challenging. Though workers have combed through digital files thus far, the older records will require them to search through physical documents. Some documents are not stored in the courthouse, complicating matters.

Due to the complications, the Saint Louis court system received a grant from the state of $140,000. This grant helped pay for part-time clerks to help process the expungements as quickly as possible. According to Amendment 3, the deadline to have all of the misdemeanor convictions expunged was June 8. The deadline for expunging felonies is December 8. The spokesman stated that the clerks are working hard to meet the deadlines.

Though Amendment 3 only expunges marijuana-related offenses, employers should consider whether other convictions are relevant to open positions. The best way for employers to start a second chance hiring program is to work with a background check company experienced in this area. The right partner can help hire the best workers for available positions.

JDP makes background checks easy and reliable. Speak with a compliance expert today.

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In 2022, the Appellate Court of Maryland made a ruling that concerns eligibility for expungement. According to the Appellate Court, only individuals who satisfactorily complete their probation may qualify. This decision impacts many individuals who have worked hard to change their lives but struggled to acquire job and housing opportunities.

The Case

The appeals court decision occurred in a case that originated in 2008. The case involved a man who pleaded guilty to theft of property valued at less than $500 in Montgomery County Circuit Court. He received a sentence of one year of incarnation with the time suspended and a year of supervised probation. 

Some months into the probation, he violated probation and received a charge for possession of cannabis. He received two charges for the offense, admitted to violating parole, and spent four days in jail. The judge closed the probation, concluding it unsatisfactory.  

The individual filed a petition to have his convictions expunged in 2020. However, the Montgomery County State’s Attorney’s Office opposed the petition. Montgomery County’s Circuit Judge, David A. Boynton, denied the petition. He cited that the individual must satisfy the sentencing to become eligible for expungement. As such, the individual needed to complete the probation without violating it.

Law Requirements

Maryland law requires individuals to wait for a specific period based on their offense before requesting an expungement. The individual must satisfy the sentence’s requirements before beginning the expungement waiting period. Depending on the sentence’s terms, these requirements may include probation, mandatory supervision, or parole.

The sentence received an appeal, and the court acknowledged that it satisfied the punishment for violating probation. However, the court claimed the sentence for probation did not reach satisfaction. This decision holds precedence statewide.

However, this decision does not imply that everyone who violates probation cannot qualify for expungement. Disqualification requires a judge to specify whether the individual’s supervision closed unsatisfactorily. In some cases, judges may sanction individuals for violating probation and allow them to continue supervised probation. Individuals who continue supervised probation may still qualify for expungement.

The Appellate Court’s ruling may lead to many people facing denied expungement requests. However, this should not stop employers from hiring anyone with criminal records and participating in second-chance hiring. One way to start a second chance program is by partnering with a background screening company familiar with the practice. The right provider will use their experience to deliver accurate and relevant background checks.

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

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