Have a Record? Here’s How To Start With a Clean Slate
The Clean Slate Act is a new statute introduced in some states. In Pennsylvania alone, it has sealed more than 35 million criminal cases. The law is expected to also deal with more types of misdemeanors in the near future.
When you have a sealed case, this means that landlords, schools, and employers will not be able to see this on your record. Here are some things you should know about the Clean Slate Act so you can start building your future.
How Does the Clean Slate Act Work?
There are 70 million to 100 million people with a criminal record in the US. For many of them, this continues to hinder rebuilding their life and proper social reintegration (sometimes long after serving their sentence). The Clean Slate bill hopes to bring welcomed relief to this pressing issue.
The bill recently won final passage and is based on a bipartisan policy to clear criminal records automatically. This is a great example of how technology (or automation) can be integrated into the legal system to help increase efficiency.
To qualify for the Act, an individual must refrain from committing any crime for at least 7 to 10 years, depending on the case. This applies to misdemeanors and class D and E felonies that are less serious.
How Clean Slate Benefits You
One of the first things to do if you think you can benefit from the clean slate bill is to pull your record to see exactly what you have. You can look online for the courts where you have cases to find out what is in your public court record. The Clean Slate bill indicates that if you have old cases on your record that qualified for automatic sealing in 2020 should now be sealed.
Some experts draw attention to how this bill can greatly benefit minorities, including African Americans. Studies have shown that they are up to four times more likely to end up behind bars than Caucasians. Also, both African American women and men are more likely to have a felony conviction. Hopefully, the new bill can straighten (even if only a bit) the skewed balance of justice in the US.
Submit a Sealing Petition
If your cases are eligible for automatic sealing, you can petition the court to do so with any old misdemeanor convictions from years ago. Each court may have a different process for filing petitions. Therefore, it is a good idea to get in touch with your state’s legal aid program to get more information.
Clean Slate Is Free
You do not have to pay a fee or cover your fines to qualify for Clean Slate. Previously, you had to pay before your case could be sealed, but now you can petition for this even if you owe outstanding fines. Automatic sealing for cases that still owe fees will fully take effect in November 2021.
If you do not want to wait until November, it is best to hire a lawyer to assist you. Currently, you will still have to pay restitution for your record to be sealed. In about 1 in 4 cases, restitution is ordered. Therefore, be sure to check your criminal record and look over your docket sheet to see what you owe.
You Don’t Have to Disclose a Sealed Record
If a landlord, educational institution, or company asks to see your criminal history, you do not have to reveal your sealed cases. If your entire criminal record is sealed, you are legally permitted to say that you do not have a record.
However, you must reveal all aspects of your past if a criminal justice agency asks about your record; or if federal law requires you to disclose such information. This also applies to laws that require an FBI background check.
Since employers are not allowed to make hiring decisions based on sealed criminal records, you should not be denied employment based on your sealed record if this shows up on your FBI background check. If your job calls for background checks from the FBI, it may be best to seek expungement. Working with a lawyer can help you through the process.
Social Repercussions of a Criminal Record
Holding a criminal record can be a sentence to poverty, but it should not be so. The stigma associated with a record still lives on and can have a very real impact on the opportunities made available. Individuals can face the following problems and more:
● Attending a university or college
● Finding a job
● Secure housing
These challenges have a ripple effect on one’s life. Furthermore, they are aggravated by the ongoing COVID-19 pandemic. In these tough times when the country’s economy and job market have so much to suffer, business owners are likely to be more cautious with their hiring process. We are currently transitioning some of the highest unemployment rates since the Great Depression.
Receiving a Pardon
If Clean Slate does not assist you, you could receive a pardon from the governor of your state. This applies to a felony conviction. The process of receiving a pardon is lengthy and could be challenging. However, the longer you have gone without getting into any legal trouble, the more likely you are to be pardoned.
Contact a Lawyer
Get in touch with a Montgomery County criminal defense lawyer if you have a criminal record and want to know how you can get back on the right track. A qualified lawyer can explain all the steps you need to take to have a clean slate so you can start living the life you want.
Also, bear in mind that this decision will not only affect your life, but it can also have a positive impact on the lifestyle you can help secure for your family. If you have any uncertainties or questions, do not hesitate to contact a qualified legal expert today. Even a short conversation can help shed some light and make your path clear to you.
