Clearing criminal records can be life-changing, leading to employment, higher wages, housing, educational opportunities, and more. For the one in three Americans who have a criminal record, record clearing is one of the most important tools to overcoming barriers and accessing opportunity. In the wake of the COVID-19 pandemic, when unemployment rates remain high, it…
Expungements: Good or Bad? Discuss. Two quite different perspectives on the value of record clearing (which I will refer to here as “expungements” as a shorthand) are sometimes articulated. Here’s one. “Expungement is the best remedy for people with records. It really does provide a clean slate. It doesn’t require employers or landlords to follow…
The following post was written by CLS Litigation Director Sharon Dietrich. I sometimes am asked for authority for the proposition that the reporting of an expunged or sealed case by a commercial screener violates the FCRA. Unfortunately, the dearth of case law directly on point keeps me from just succinctly giving a citation, even though…
You probably are wondering, “What is she talking about, with a subject line like that?” The answer to your thought is that I use this phrase when giving clients an important warning about the effect of their expungement orders. I am illustrating for them the idea that I can’t guarantee removal of their expunged cases…
CLS filed an amicus (“friend of the court”) brief in the Supreme Court of the United States urging the Court to take up the case of Doe v. Iowa, being litigated by our colleagues at Iowa Legal Aid. Doe v. Iowa is a case of great importance, as it challenges Iowa’s ability to prevent low-income…
Capreece Lackey finally got her pardon in June 2013 and her record has been expunged to a clean one, giving her a fresh start. She is looking forward to beginning her healthcare career.Below is Capreece’s story, reprinted from our FY2012 Annual Report:Capreece Lackey is striving for a career where she can help people and provide for her family in a meaningful way. Clean and sober for 13 years, Ms. Lackey has a goal of becoming a Certified Nurse’s Assistant someday.
Clearing a criminal record can change the course of a person’s life. Every year, one thousand low-income individuals come to Community Legal Services of Philadelphia (CLS) because they are facing barriers to employment caused by criminal records. Consider CLS client James, who struggled for years with under and unemployment and could not sufficiently provide for…
The Fair Credit Reporting Act (the FCRA) governs the accuracy of criminal background checks prepared by commercial screeners. While there is not much case law holding that the FCRA prohibits commercial screeners from reporting expunged or sealed cases, there is little doubt that it does. Two FCRA provisions apply: Commercial screeners must use “reasonable procedures”…
As of November 14, 2016, people with certain misdemeanor convictions can ask the court to seal their record. A sealed record will only be available to law enforcement. It will NOT be available to employers or the public. You may be eligible if all of the following apply: 1. You were convicted (plead guilty or were found guilty) of…
