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.

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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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.

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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Maryland legislators have proposed a new bill called the Maryland Clean Slate Act of 2024, also known as HB0658 or SB0602. This bill would introduce a simplified expungement process for clearing criminal records. This new process seeks to establish an automated expungement process for eligible records. 

As such, it would eliminate the need for many to file a petition to expunge old criminal records. The State Judicial Proceedings Committee held a hearing for the Maryland Clean Slate Act. The CMTE received a referral about the Act for further discussion since its introduction in the state Senate.

The Maryland Clean Slate Act aims to expand eligibility for expungements. It applies to anyone “who has been charged with the commission of a crime.” Examples included “a violation of the Transportation Article for which a term of imprisonment may be imposed, or who has been charged with a civil offense or infraction, except a juvenile offense.” However, they must meet several conditions before filing a petition.

Acquitted individuals may file an expungement petition. Those with dismissed charges or past convictions may also file under several restrictions. Other expansions include crimes without violence, nolle prosequi, or nolle prosequis that require drug or alcohol treatment.

The Maryland Clean Slate Act also establishes a system for automatically expunging certain offenses. Eligible records include non-domestically related misdemeanors after seven or more years have elapsed since disposition. In addition, non-domestically related felonies for which 20 or more years have passed will also qualify. It would also expunge certain lesser offenses after only three years.

The Department of Public Safety and Correctional Services would review criminal history records once a month. Afterward, the Department must notify the Administrative Office of the Courts and other relevant agencies of qualifying records. Eligible Prosecutors would have the opportunity within 30 days to object to an expungement.

The Chief Justice of The Supreme Court of Maryland or their Designee would then transmit a signed expungement order to all criminal justice units with criminal records related to the cases. The Maryland Clean Slate Act also addressed concerns about court fees, unpaid fines, or court-ordered restitution related to the cases. Such circumstances will not preclude the expungement of eligible charges.

The Department would also provide a means for those with expungements under this Act to check for expunged records. Furthermore, those with expunged records could acquire the information without a court order. If someone has a charge that is not Clean Slate eligible, they may still file a petition to have the charge expunged. Anyone ineligible for the Maryland Clean Slate Act can still file petitions to expunge charges.

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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The post Clean Slate Act Introduced in Maryland Automatically Expunges Records appeared first on JDP.

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