Margaret Stevenson December 16, 2013

SJSU RCP 2013 UPDATE In 2013, the SJSU Record Clearance Project (RCP): •

filed 169 petitions in court for 55 clients, of which 167 dismissals of convictions were granted

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filed 22 petitions to reduce eligible felonies to misdemeanors; 21 were granted  

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held 7 Speed Screening interview sessions (including at Elmwood jail), where 214 people learned their individual "next steps" in the expungement process (in English & Spanish)  

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gave 39 community presentations to over 1600 people regarding expungement law and procedure (in English & Spanish)

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leveraged over 10,800 hours of work from students, volunteers and unpaid staff  

   

   

Why Clearing a Record Matters Criminal histories are widespread: more than 65 million adult Americans have a criminal record. In California, one in four adults has an arrest or conviction record on file with the State. Having a record interferes with employment, housing, foster parenting, government benefit eligibility (including public housing, food stamps and welfare), student financial aid, and other opportunities. Additionally, clients note that having a record has a substantial effect on selfesteem and the attitudes of family members. Attorneys often charge thousands of dollars for expungements; few free legal services exist. Consequently, many people are unable to exercise their right to apply to clear their record.

Summary of components of the RCP program The RCP consists of the following components, each of which is described more fully in the following. •

SJSU classes to teach students the legal and practical knowledge necessary to assist clients in the record clearing process.

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Community education through student-led expungement law presentations

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Student-staffed, attorney-supervised community “Speed Screening” advice sessions to review individuals’ criminal history reports and explain the next steps in the expungement process

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Court hearings where a judge decides student-prepared, attorney-supervised petitions for the clearing of RCP clients' records.

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Broader impact through Alternative Spring Break, reentry policy advocacy, media and research support

SJSU RCP classes. The RCP offers two, 3-unit classes involving work with RCP clients and communities: (1) JS 140 - Record Clearance Project - Practical Legal Skills   Students learn a range of legal skills, including legal analysis, reading a rap sheet, legal research, and working with an interpreter. Students apply those skills in interviewing clients at two community “Speed Screenings” and giving a community presentation on expungement law. Up to 25 students take this class every semester.   (2) JS 141 - Record Clearance Project - Representation (by consent of instructor; satisfies JS internship credit requirement) Working in two-student teams, JS 141 (“advanced”) students are assigned two to four clients a semester, and prepare all required court petitions, including clients’ personal statements (legal “declarations”). Advanced students help train JS 140 students by holding workshops, partnering in Speed Screening interviews, and providing peer perspectives in class. Starting in Spring 2014, advanced students will hold Speed Screening interviews with clients in Elmwood Jail. (See Speed Screening section below.) Given the significant supervision required for the legal work involved, enrollment is limited to 15 students when we are able to engage additional attorney assistance, and 10 when I am the only supervisor.

Community education presentations Students present information to community groups regarding expungement law and procedure. In 2013, students gave 39 community presentations to over 1600 people. I attended most of them, a pro bono attorney attended several. (Attorney presence enables students to answer legal questions from those attending.) Among sites where the RCP presented in 2013 are: Abundant Life Christian Fellowship, Ascent Employment Services, Bill Wilson Center, Center for Employment Training, Center for Training and Careers, Downtown Streets Team, Elmwood Correctional Facility (11 presentations, English & Spanish), Maranatha Christian Center, Reentry Resource Center Family Night, Sacred Heart JobLink, Salvation Army Life Skills class and Santee Community Center (English & Spanish). We have more requests for presentations than we can meet. The RCP has begun asking for a $100 donation for each session. Evaluations. The RCP asks those attending presentations to complete a short, anonymous survey. Of those attending, 88 % noted they strongly agreed (highest rating) that the presentation provided useful information. The survey includes one substantive question regarding whether people were aware prior to the session that some convictions must be dismissed according to law. Of people attending RCP

community presentations, 84 % reported that they did not know prior to the presentation that some convictions must be dismissed. Representative (verbatim) comments regarding the community presentations include:   Amazing  info  to  get…thanks!    The  presentation  was  extremely  helpful  and  informative!       I  want  to  thank  you  for  changing  my  future,  there  were  jobs  I  couldn't  get  because  of  my   past  feloney  history,  and  because  of  your  program  and  your  staff  my  future  is  getting   better  and  better      Thank  you!     Some comments from people in Elmwood jail:   I  believe  you  did  a  fantastic  presentation!    I  feel  honored  to  be  apart  of  your  teaching.     Well  done  …  and  thank  you  *especially  the  testimony  of  reformed  inmate!     you  guys  did  a  marvelous  job.  You  gave  me  hope  and  encouragement.    Thank  you     Speed Screenings Students in two-person teams provide individual interviews to inform people of their next steps in the expungement process. Many people attending Speed Screening interviews need no further assistance. For example, at the October 2013 Speed Screening, out of 45 clients interviewed, •

20 % had only mandatory dismissals, meaning no court appearance was required (the students helped clients fill out the application form, if they wanted)

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11 % had no convictions at all, despite thinking that they did (usually this mistaken belief results from people being unaware that a successful drug diversion program resulted in no conviction or that a probation officer previously applied on the person’s behalf)

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Further, two thought they had felony convictions but did not (usually as a result of being unaware of the terms of a plea bargain)

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18% were eligible and ready to apply for an expungement hearing in court. They received information at the Speed Screening about preparing their initial paperwork.

Evaluations. Anonymous client evaluations showed that 96% of Speed Screening clients strongly agreed (highest rating) that the students provided useful information, and 99 % of clients strongly agreed (highest rating) that the students treated them with courtesy and respect. Among responses to the questionnaire: Your  program  is  much  needed  in  the  community  and  is  grately  appreciated.    By  assisting   in  changing  live[s],  families  will  benefit  in  many  ways  to  be  contributing  members  in   society  and  live  by  example  without  broke[n]  down  barriers.     Students  were  very  professional  and  left  me  with  no  unanswered  questions  

The  two  students  I  was  appointed  were  very,  very  helpful.  What  I  really  appreciated  was   that  they  both  went  out  of  their  way  to  help  you  as  much  as  they  could.    Thank  you  very   much  for  this  program.    It  really  makes  a  big  difference  in  our  lives!    :-­‐)     Speed screening in Elmwood. In July 2013 RCP piloted a project to provide Speed Screening interviews to inmates in Elmwood jail. Minimum- and medium-security inmates who are interested can have their criminal histories reviewed and receive information regarding the ‘next steps’ in the expungement process for them upon release, based on their conviction histories. The Health Trust funded the RCP to continue this work over the next two years. Funding will enable the RCP to manage this time-intensive process and hire former RCP clients as mentors to guide people post-release and pre-expungement. A Social Work graduate student, under faculty supervision, will assist in coordinating pre-expungement progress of people upon release. Among anonymous verbatim comments from evaluations by Elmwood Speed Screening clients: Both  advisors  were  excellent  in  describing  and  presenting  the  information  in  a  clear   fashion.    Very  helpful  and  very  nice  people.     Gives  me  hope  for  a  better  future.  I  didn't  realize  that  I  have  the  possibility  to  have  a   clean  expunged  record  again.       Possible Speed Screening for homeless encampment. The RCP has discussed with InnVision Shelter Network the possibility of holding a Speed Screening for individuals in a homeless encampment. City of San José funding may be available for this.

Court hearings Advanced RCP students prepare court petitions seeking to dismiss convictions and reduce eligible felonies to misdemeanors. All RCP students attend two specially set RCP court hearings each semester, scheduled during class time. After deciding the RCP clients’ cases, the judge, attorneys and court personnel hold a question and answer session with the students. RCP coordinates court appearances by the Public Defender or a pro bono attorney. Advanced students help their clients prepare for court at a Moot Court practice session at Santa Clara Law School's moot courtroom. Students role-play DAs, with guidance from Prof. Hal Peterson. Students critique the clients’ “testimony” following the practice session. Volunteer “judges” have included Hal Peterson, Danielle Harris, Jackye McClure, SJSU Dean Charles Bullock and pro bono attorneys. Results in court. Judges granted 99 % of the 169 petitions that the RCP filed in 2013, and reduced 95 % of the 22 eligible felonies to misdemeanors. Since it began in 2008, the RCP has filed a total of 679 petitions for 198 clients. Of those, 99 % of the convictions have been dismissed, and 94 % of the felonies reduced.

Other projects/ activities Columbia Law School: Alternative Spring Break. Each March for the past two years, the RCP has hosted Columbia Law School students for Alternative Spring Break (ASB). Law students are

paired with advanced RCP students and assigned two clients per team whose petitions they complete. ASB week also includes a court hearing and speakers series, which has included Prof. Ericka Adams introducing her research. Work with MSW intern. With supervision from Prof. Gil Villagran of the Social Work Department, MSW graduate student intern Michelle Mussett began work with the RCP in Fall semester. She will complete 480 hours of work this academic year, focused in three areas: (1) transitioning people upon release from Elmwood into community ("preexpungement"), (2) advocacy with licensing boards and the Department of Social Services, for licensing and exemptions for people seeking work or job training placements (child care, elderly, disabled), and (3) correcting errors on former clients’ criminal history reports. Michelle is also working on setting up a LiveScan fingerprint event to help people easily get their criminal history reports. The VA is interested in facilitating such a LiveScan event and a subsequent Speed Screening for veterans. Film of former clients: Two filmmakers taped eight former RCP clients as they addressed remarks to people who are in Elmwood jail, telling them that the expungement process is not difficult and that it works. The film currently is being edited and will be shown to inmates as part of RCP’s future community education presentations in Elmwood Jail. Policy development discussions. •

Correcting Probation Department practices. We approached County Counsel (the attorneys representing the Probation Department) regarding correcting errors on the Probation Department expungement forms and in their recommendations to judges. We also suggested that they recommend that Probation (their client) institute a process for low-income people seeking expungements to apply for fee waivers of the $150 filing fee. Finally, we brought up the County’s error in posting unlawful job requirements regarding people’s criminal convictions. This last problem has been corrected.  

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Suggestions for improved expungement policy. The RCP was the client of a team from the Stanford Public Policy Department. As a result of their investigation, the team published a report, “Improving the Implementation of California’s Expungement Policy” (June 2013) at http://publicpolicy.stanford.edu/system/files/California%20Expungement%20Final%20Report.201 3.pdf  

In January, a new Stanford Public Policy team will begin analysis of the cost to communities of delayed expungements in unrealized tax revenues and income when expungements are not granted as soon as people are eligible. (For RCP clients, 70 percent of the convictions that have been dismissed are over 10 years old.) Training of advocates on expungement law and procedure. I trained staff at several nonprofits to assist them in identifying candidates to refer to a Speed Screening. Among those sites were: Catholic Charities, Dependency Advocacy Center and Ascent Employment Services.

Participation on County Reentry Network workgroups. As part of its reentry needs assessment and service delivery, the County invited the RCP to join its workgroups. I participated in the Employment Reentry workgroup; RCP Program Manager Nishtha Jolly participated in the Family Reunification Reentry workgroup. Through Nishtha’s and my involvement, many staff of community agencies and government offices became more familiar with RCP’s services. Upgrade of website / social media. The RCP was a client of a SJSU Computer Science Department team that created a website at www.sjsurcp.org for RCP and linked in RCP’s Facebook and Twitter accounts. Next semester the class will develop a YouTube channel for RCP where we will offer portions of our community education presentations, and client and student commentary. Prof. Hal Peterson edited a video of students talking about their experience working with the RCP. This two-minute video, and other RCP information, is posted on a page on CommUniverCity’s new website at http://cucsj.org/programs/record-clearance-project/ Upgrade of security of client data. The SJSU tech team has done a security assessment RCP’s use of electronic files and cloud-based client information. As a result, RCP now has a new, SJSU email address for the public – [email protected] -- as well as other increased security measures. University service. I serve on the SJSU Pre-law Advising Committee, and on the SJSU ServiceLearning Committee. I spoke the SJSU Teaching and Learning Conference: High Touch, High Tech, High Impact on “SJSU Record Clearance Project: Students and Community Engagement,” December 11, 2013.

RCP-related research Prof. Danielle Harris used the life stories of ten former RCP clients to present at the American Criminological Society’s November 2013 meeting. Her work reviewed the importance of public recognition by an authority figure (here, a judge) in a public ceremony to acknowledge a person’s post-conviction progress. Prof. Ericka Adams will use RCP data for her longitudinal examination of broad effects of expungement. Working with Prof. Elsa Chen from Santa Clara University, Prof. Adams will conduct semi-structured interviews with RCP former clients who have received expungements and with persons who have not gone through the expungement process, to investigate the impact of record clearance on the individuals, their families, and their communities. RCP Program Coordinator Nishtha Jolly maintains an extensive database on the nearly 200 clients who the RCP has represented in court. Data includes personal demographics, the specific convictions that the person had, when those convictions occurred, the type of employment the clients have done and seek to do, the incidence of drug or alcohol addiction, and other information.

Funding The Health Trust awarded $ 97,500 to the RCP for two years for Speed Screenings in Elmwood. CommUniverCity funds half-time student assistant to the RCP, Lisseth Castillo-Valencia.

The RCP applied to the California Bar Foundation for fellowships to promote diverse RCP students interested in law school. The RCP also received donations from the Castellano Family Foundation, Philanthropic Ventures Foundation, the Skoll Fund, law firms, individuals and community partners. Despite this support, there has been a significant shortfall in funding, resulting in RCP’s Program Manager Nishtha Jolly being reduced to less than half-time in the Fall, and portions of my time going unfunded. The RCP expects to respond to a Request for Proposals from the County of Santa Clara for legal reentry services when it is issued in January 2014.  

Brief background of the law Almost all California convictions for which the sentence is county jail (such as Elmwood) as opposed to state prison (such as San Quentin) can be dismissed (“expunged”). Many convictions must be dismissed by law. For most jail offenses, if a person ü successfully completes probation, or ü has no negative encounter with law enforcement for the year following sentencing in nonprobation misdemeanor or infraction cases, the conviction must be dismissed pursuant to California Penal Code sections 1203.4 and 1203.4a. In Santa Clara County, this is done by mailing in a simple application. No court appearance is required. Approximately 22 % of convictions that RCP reviews are mandatory dismissals. If we interview people at Speed Screening with only mandatory dismissals, we offer to fill out the application form for them. The RCP usually does not accept clients with only mandatory dismissals; most RCP clients also have discretionary dismissals or felony reductions, meaning that a court hearing is required. A court hearing is required to dismiss convictions when a person

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does not successfully complete probation, or

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in non-probation misdemeanor or infraction cases, when a person has a new encounter with law enforcement within a year of conviction.

The judge will review the petitioner’s petition, focusing on the declaration (personal statement), and determine whether the “interests of justice” support dismissing the conviction. A court hearing also is required to reduce eligible felonies to misdemeanors, pursuant to California Penal Code section 17b. Reduction of felonies to misdemeanors is discretionary, so a detailed petition is required.