legal aid reentry projects for people with criminal records and
TRANSCRIPT
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Legal Aid Reentry Projects for people with criminal records and other significant barriers to employment. This chart identifies both Legal Services Corporation (LSC) and non-LSC funded legal aid programs that recently reported offering reentry-related legal services. The list is notmeant to be comprehensive. There may be other active reentry legal services projects, and other local legal aid and pro bono programs or projects willing to develop a reentrypro bono program and/or partner with other reentry social service providers interested in collaborating on federal reentry grant applications such as those listed here. This chart was created by Cheryl Nolan, Program Counsel, Office of Program Performance, Legal Services Corporation. To add your reentry project to the chart, pleasecontact Ms. Nolan at [email protected] or (202) 295-1561.
Program Information Client Services and
DataClient Stories Services Tied to Employment
ARKANSAS Legal Aid of Arkansas714 South Main StreetJonesboro AR 72401 870 972-9224http://www.arlegalservices.org/ Contact:Lee RichardsonExecutive [email protected] ext. 6305 Arkansas Expungement Document Assembly InterviewLAA developed its interview module with a 2006 TIG project, located at:http://bit.ly/qg35oE
In the last 18 months: 190 clients with a directbenefit to 508household memberswith expungement/clarification issues. 114received counsel/adviceor brief service; 76received extendedservices/representation;LAA obtainedexpungements for 69clients with directbenefit to 174household members.
LAA uses comprehensive advocacy tools toassist people where the ability to obtain ormaintain a job is threatened. Includes childsupport, driver’s license, and expungement.
CALIFORNIA
BayLegal1735 Telegraph AveOakland, CA 94612510-663-4755http://www.baylegal.org Contact: Adam Poe, Staff AttorneyBay Area Legal AidContra Costa Regional Office
BayLegal is currently serving formerlyincarcerated individuals in thefollowing areas:
AlamedaAlameda’s Youth Justice Projectprovides civil legal services to youthsin the juvenile justice system. BayLegal has been a partner agency inthe Collaborative Court. Alameda's housing unit litigated
San FranciscoLegal Barriers to Employment Project:assists clients with driver's or professionallicense issues.
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successfully against the OaklandHousing Authority for the illegal andarbitrary use of criminal backgroundchecks.
Contra CostaBayLegal is a funded partner on theCounty's Second Chance adultdemonstration grant and the federalResponsible Fatherhood grant. Under both grants, BayLegal provideshousing, public benefits and creditcounseling to remove barriers tohousing and employment.
BayLegal was awarded AB109 funds toprovide civil legal services to AB109probationers.
They have done extensive advocacywork with the Housing Authorities ontheir admissions policies for formerlyincarcerated applicants or familymembers. They successfully litigatedagainst a private credit reportingcompany that was reporting arrest andstale conviction records. They wonreversal of a CalFRESH (Food Stamps)application denial, for a formerlyincarcerated individual who wasincorrectly excluded from theprogram.
Santa ClaraBayLegal has been a partner agency inthe Collaborative Court and providescivil legal assistance to youths servedin that court.
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area131 Steuart Street, Suite 400San Francisco, CA 94105415-543-9444http://www.lccr.com Contact:Meredith DesautelsStaff Attorney415-543-9444, ext. 223
In 2011, Lawyers’Committee launched itsSecond Chance LegalClinic, a monthly clinicthat provides free legalservices to people whohave prior arrests orconvictions. The SecondChance Legal Clinichelps clients overcome
In 2011, Lawyers’ Committeeattorneys assisted an African-American client in his application foran establishment license for his barbershop. The licensing board initiallyproposed to deny the license based onthe client’s 27-year-old conviction,even though the client had alreadyobtained a Certificate of Rehabilitationfrom the court. Working together with
The Second Chance Legal Clinic helps clientsto overcome the legal barriers resultingfrom a prior record. The Clinic providesassistance in the following areas: criminalrecords remedies (i.e. “expungement”),employment, housing, background checks,occupational licenses, and driver’s licenses.Clients are offered brief legal advice at theClinic, and there is the possibility thatclients may be matched with a pro bono
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barriers to successfulcommunityreintegration, with thegoal that people withrecords not onlyreenter, but thrive.They provide serviceswith the assistance ofpro bono attorneys,who help staff the clinicand provide follow-uprepresentation inindividual cases. Since2011, the Clinic hasserved more than 250clients around the SanFrancisco Bay Area,providing them withfree legal advice andrepresentation.
Lawyers’ Committee advocates, theclient filed an appeal and the boardgranted the license. As a result, theclient is able to own and operate hisown salon business in San Francisco. In 2012, one of their pro bonoattorneys represented an African-American client in her petition forexpungement in Santa Clara County.The client, a single mother workinghard to support her daughter, hadmade a mistake in 2008 and receiveda misdemeanor conviction. Theattorney appeared in court on behalfof the client, requesting that theconviction be set aside and dismissed(i.e. “expunged.) Despite the probationdepartment’s recommendation againstthe petition, the judge granted therequest, commending the client for allthe progress she had made in life andwishing her well.
attorney for additional representation inappropriate cases.
Legal Services of Northern CaliforniaClean Slate517 – 12th StreetSacramento, CA 95814(916) 551-2150http://www.lsnc.net Contact: Kyanna WilliamsStaff [email protected]
LSNC has 8 field officesand numerous specialtyprograms. Most officesprovide some form ofclean slate services.LSNC is developing alibrary of clean slatematerials to make iteven easier for localoffices to assist cleanslate clients.Services byoffice/program: Solano: Offers cleanslate self-helpmaterials; hosted theCounty’s first ever cleanslate day in 2009;Hopes to offerexpanded clean slateservices after hiringstaff in the fall. Shasta Regional: Hosts
One client successfully dismissed hercriminal record conviction and, as aresult, maintained eligibility to work asan IHSS provider for her severelydisabled adult daughter.
They found that no matter how muchvocational and interview training clientsreceive, without an expunged criminalrecord, clients cannot find jobs. LSNCExpungement services include reducingfelonies to misdemeanors, dismissingcriminal convictions, early termination ofprobation, sealing of arrest records, andobtaining certificates of rehabilitation. Inaddition to recruiting volunteers from locallaw schools and bar associations, LSNC hascollaborated with organizations like: CountyCareer Centers, local IHSS labor union,Family Resource Center, the Justice Busproject, County Homeless Connect events,Asian Resources, All of Us or None, TheMutual Assistance Network of Del PasoHeights, and local public defenders.
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quarterly clean slateworkshops led by alocal public defender;Offers self-help packets;Plans to offer expandedclean slate servicesafter hiring staff in thefall. Ukiah: Hosts clean slateevents in English andSpanish; Offers self-help materials. Yolo: Offers one-on-oneclean slate assistance. Sacramento: Staffs twoclean slate events eachyear; periodicallycoordinates withcommunity-basedorganizations on otherclean slate events. VLSP: A special programof LSNC, VLSP hosts 4clean slate clinics perweek at SacramentoCounty Career Centers.
National Employment Law Project405 14th Street, Suite 401Oakland, CA 94612(510) 663-5705 www.nelp.org Contact:Michelle Natividad RodriguezStaff [email protected](510) 663-5705
Nationwide andCaliforniaMillions of Americans -one in four adults -have arrest orconviction records thatoften follow themthroughout their lives. (See NELP report 65Million "Need NotApply"). NELP has beena leader in themovement nationally torestore fairness to theprocess of criminalbackground checks andremove unnecessarybarriers to the
Bay AreaNELP represents a limited number ofindividuals in the San Francisco Bay Areafiling race discrimination complaints withthe EEOC based on use of arrest orconviction record in employment. Nationwide and CaliforniaNELP is working to enforce Title VII of theCivil Rights Act of 1964 and the Fair CreditReporting Act to expand job opportunitiesfor people with criminal records. NELPmaintains extensive resources on the U.S.Equal Employment OpportunityCommission's (EEOC) guidance on the useof conviction and arrest records inemployment decisions and the guidelines ofthe U.S. Department of Labor applying the
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employment of peoplewith criminal records. We promote modelemployment policiesand basic protections,such as ban the box,that allow qualifiedworkers with records toattain and retain qualityjobs.
civil rights protections to the workforcedevelopment community. NELP alsomaintains a criminal records listserv foradvocates—contact NELP to join.
CONNECTICUT
Statewide Legal Services of ConnecticutPardon Assistance Project1290 Silas Deane Highway, Suite 3AWethersfield CT 06109 860 344-8096http://www.slsct.org Contact:Jane Kinney-KnotekDeputy [email protected]
SLS began the PardonAssistance Project in2009, to raiseawareness that“pardons” can begranted by the state ofConnecticut authoritiesand can lead toincreased employmentand housingopportunities for ex-offenders, who haveworked hard to betterthemselves. SLS hasteamed with a localuniversity, paralegalsand service providers tosuccessfully help clientsnavigate a complex setof administrativeprocedures, rangingfrom the initialinterview and advicephase, up to the finalapplication and hearingbefore the Board ofPardons and Parole. In2009, the Board ofPardons and Paroles(BOPP) reviewed 826applications andgranted 415 pardons; in2010 The BOPPreviewed 802 andgranted 340
Clients must explain in detail, withsupporting documentation and lettersof reference, what led to their arrestand how they have changed their livessince turning away from criminalbehavior. The parole board looks forself-improvement through education,community activities, volunteerismand employment. SLS helps clientsprepare letters of recommendationand the submission of fingerprints.
Services focus on obtaining employmentand housing through petitions for pardons. To apply, a felony conviction must be atleast five years old; misdemeanorconviction must be three years old. Outreach for the ProjectIncludes both open sessions with clients,community groups and service providers,and one-on-one advisement to over athousand individuals.
FLORIDA
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Three Rivers Legal Services(Gainesville)Reentry Seminars Hosted by the Florida Department of Corrections901 NW 8th Avenue, Suite D-5Gainesville, FL 32608352-372-0519Gainesville, FL http://www.trls.org Contacts:Allison [email protected] MacRaeManaging [email protected]
Limited role withreentry. Participatewith several otherservice providers at thereentry seminarshosted by the FloridaDepartment ofCorrections. Over thepast 2 years, presented3-4 times per year.
Staff present and speak on topics includingfamily law, consumer law, foreclosures,child support, the dependency system andthe availability of legal services throughoutthe state. Staff answers questions at theconclusion of the sessions in a “tabling”setting. Prisoners who participate arewithin 6 months of release. Staffencourages prisoners to scheduleappointments with the legal aid programupon release. Three Rivers reports that inFlorida, prisons are big business and thereare many facilities located in the state.
ILLINOIS
Cabrini Green Legal Aid740 N Milwaukee Ave.Chicago, IL 60642 312-738-2452http://www.cgla.net Contact:Beth JohnsonProgram [email protected] The Help Desks are supervised by CGLA staff attorneys and 3-4 pro bono attorneyson a daily basis. http://www.chicagorealestatedaily.com/article/20120818/ISSUE03/308189988/charity-begins-at-the-office
In FY 12, CGLA served4,032 individualsthrough itsExpungement HelpDesk located in Chicagoat the Clerk’s Office. Ofthat number, 2,094clients filed to expungeor seal their criminalrecords. In FY 13, CGLA openeda second Help Desk inthe Markham courthouse (in the southsuburbs of CookCounty) at the requestof the Presiding Judge. Since opening inSeptember of 2013,CGLA has advised 500clients and filed 150petitions. In collaboration withthe Presiding Judge inCook County, CGLA alsorepresents pro sepetitioners oncontested petitions toexpunge and seal inChicago (along with
Mr. Langdon was barred from workingin the Chicago Public Schools becauseof a 25 year old drug conviction thatoccurred during his years of addiction.Although he had been in recovery fortwenty years and worked for CPS fortwelve years in the past, state lawprohibited him from working in theschools. After receiving a Certificateof Good Conduct removing thestatutory barrier, along with mediaattention on the issue, Mr. Langdonwas allowed to begin work and setCPS hiring policy to consider futurecandidates with Certificates waivingthe statutory barriers. http://articles.chicagotribune.com/2010-09-26/news/ct-met-trice-langdon-0926-20100926_1_cps-for-four-years-darrell-langdon-cps-spokeswoman-monique-bond
The Help Desks operate to serve pro sepetitioners in Cook County. Additionally,CGLA operates a Criminal Records Programin-house, providing direct servicerepresentation through staff and pro bonoattorneys to clients seeking alternativeforms of relief, including certificates,waivers, human rights act discriminationclaims, identify theft and petitions forexecutive clemency. CGLA operates asimilar program providing dedicatedservices for the homeless through an EqualJustice Works fellowship. CGLA is active in the policy arena,advocating for more progressive laws toprovide relief from past criminal recordsand combatting laws that impose furthercollateral consequences as a result ofcontact with the criminal justice system. CGLA provides presentations in thecommunity and partners with social serviceagencies to improve employmentoutcomes. Along with the Cook CountyClerk’s Office, CGLA participates in annualExpungement Summits which draws over2,000 people each year. CGLA has alsopartnered with the national managementfirm of Morgan Lewis & Bockius to provideEmployment Guidelines trainings toemployers on best practices in terms of
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Chicago Legal Clinic). InFY 12, CGLArepresented 796petitioners with a 96%success rate.
hiring individuals with criminal records.
LAF(Formerly Legal Assistance Foundation) Chicago, IL.Juvenile ExpungementHelp Desk120 S. LaSalle Street, Ste. 900Chicago, IL 60603312.341.1070 http://www.lafchicago.org Contacts:Reentry Project Coordinator Tim [email protected] Coordinators Juvenile ExpungementJennifer [email protected] [email protected] Pro Bono CoordinatorMara [email protected]
In 2012, LAF closed 141cases from the juvenileexpungement deskafter advising clients oftheir eligibility forexpungement andassisting them withcompleting the legalforms. In several cases,LAF represented clientsin court when thoseclients had casesneeding specializedadvocacy to obtainjuvenileexpungements. At the JuvenileExpungement HelpDesk, individuals meetwith an attorney whoreviews the juvenilearrest record, theonline court file, assistswith the necessarypaperwork and, whennecessary, in-courtlegal assistance. Theproject is in operatedcollaboration with theClerk of the CircuitCourt of Cook County. LAF staff conductsoutreach for thisproject throughoutCook County includingJuvenile Department ofCorrection sites,Juvenile Courtprobation offices, theCook County PublicGuardian and PublicDefender, and social
Clients with expungement issues whoidentify other legal needs, such as housing,employment, or family law advocacy, arereferred to resources within LAF whereappropriate.
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service agencies such asSGA Youth & FamilyServices, which workwith adolescents andyoung adults who arebeing discharged fromstate custody. A VISTAvolunteer attorneycoordinates the project,supervised by an LAFsupervising attorney. LAF staff attorneys andlaw students alsoprovide some coveragefor the desk. Cases arereferred to pro bonopartners whereappropriate. LAF hasworked with the ABALitigation SectionChildren’s RightsSubcommittee toprovide information onits work in this area forother organizationsnationally. Because ofincreased demand foroutreach and directservices LAF hasexpanded the timecommitment for itsVISTA for this project. LAF has also begunworking on adultexpungements andsealing of criminalrecords at itsneighborhood clinic inthe Woodlawnneighborhood ofChicago – collaborationwith DLA Piper. LAF expects that byJanuary 2014 we willbegin assisting clientswith obtaining various
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forms of relief fromcriminal records,including certificateswith relief fromdisabilities, certificatesof good conduct, andexecutive clemency.
Illinois Legal Aid OnlineAdult and Juvenile Expungement Document Assembly Interviews17 N State St #1590 Chicago, IL 60602312 977-9047http://www.illinoislegalaid.org Contact:Teri RossProgram [email protected] x14
The Huffington Post highlighted themodule and interviews:http://huff.to/r5MUUc
Illinois Legal Aid Online, the statewidewebsite developed through TIG funding,hosts interactive expungement interviewsfor adults and juveniles. The general expungement interview isavailable through:http://bit.ly/pMmW23 The juvenile interview is online at:http://bit.ly/mV7A0A
INDIANA
Indiana Legal ServicesEx-Offender CommunityReintegration Project (ECRP)Market Square Ctr., Suite 1850151 North Delaware StreetIndianapolis IN 46204-2523 317 631-9410http://www.indianalegalservices.org/ Contact:Roderick E. [email protected]
Program was begunwith a cy pres award,which was notrefunded by the state. They have maintainedrelationships with socialorganizations and theycurrently acceptreferrals when able toincorporate into theirother priority work.
ILS assists with expungement and sealingarrest and criminal Records. They help withdriver license reinstatements, hardshiplicenses and Chapter 7 bankruptcies forrecently released inmates.
KANSAS
Kansas Legal ServicesTopeka Moving Ahead Program (T-MAP)712 S. Kansas Ave., Ste. 200Topeka KS 66603 785 233-2068http://www.kansaslegalservices.org/ Contact:Marilyn HarpExecutive [email protected]
T-MAP has been inoperation for almost 8years. Project staffcompleted legal reviewsfor 377 participantssince its inception. KLS also operates a probono project (LSCfunded) forexpungement work inthe Kansas City area.
Nicole Fox was released from prisonon a drug charge and paroled to theTopeka Rescue Mission. KLS helpedher obtain divorce from abusivespouse. Sober for more than 2 years,she interned then became fullyemployed by Valeo as a certified peerspecialist. Fox is now remarried andemployed.
T-MAP is a program of Kansas LegalServices Employment Training Division. Thisis a 16 week classroom and internshipprogram, during which the participants livein a local shelter. Participants are screenedby a KLS paralegal and goals are set forresolving legal issues. Access to drivers’licenses and expungement of convictionsare two of the most often occurringbarriers to employment. Appropriate casesare assigned to an attorney for directrepresentation. KLS accepts custody casesand family law matters causing significant
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Document Assembly and Statewide Website InitiativeIn 2011, KLS launched an Expungement of Criminal Conviction/Diversion documentassembly interview on its statewide website. KLS began developing interactiveinterviews with its 2008 TIG and continues to support the initiative. The interview is available online at:http://bit.ly/pF7amM
stress to the client.
LOUISIANA Southeast Louisiana Legal Services1010 Common StreetAnnex Building, Suite 1400ANew Orleans, LA 70112877 521-6242504 529-1000 or 529-1008http://www.slls.org Employment & Benefits UnitContact: Rowena Jones, Managing Attorney, (504) 529-1000, ext. 247; [email protected]
Since the 1990’s, SLLS(and New Orleans LegalAssistance, which beganthe project and mergedwith SLLS in 2003) hasprovided expungementservices toapproximately 2000persons.
In 2013, SLLS prevailed over amunicipal taxi agency seeking to barre-registration of a long-term city taxidriver based on his 30 year oldcriminal history, which the city hadbeen aware of in earlier registrations. SLLS successfully invoked a state anti-discrimination law to return the driverto work. That case is currently onappeal by the city. In another recentcase, a job applicant was invited backafter SLLS cleared up a negative creditreport that included another’s criminalrecord. For clients seekingexpungements, SLLS researches theirrecords, assists in preparingexpungements pleadings, assists inobtaining court cost reductions whenavailable under state law for non-felony offenders, and representsindividuals in court when self-help isinsufficient to resolve the case.
Through Single Stop USA SLLS has anattorney stationed at New Orleans'community college, Delgado. Manystudents find themselves studying forcareers only to learn they can't be licenseddue to a past criminal conviction. Helpingthese students is a focus of SLLS'expungement work. Another focus of SLLS’ work is to removeemployment barriers by overcomingcriminal history job discrimination. WithLouisiana at the top in terms ofincarceration and arrests, especially ofAfrican-Americans, and the economy sopoor, job discrimination is a major issue inSLLS’ service area. SLLS gives advice,makes EEOC referrals when appropriate,and provides individual representationwhen possible. The expungements servicesrange from advice to full representation incourt. To assist others in the community,SLLS has produced self-help material onexpungements and other employmentbarriers for online and community outreachuse, has provided community training,collaborates with other community partnersto increase availability of direct services,and participates in efforts to create auniform and simple expungements processstate-wide. SLLS works to identify andaddress systemic issues related to criminalrecords’ expungements and jobdiscrimination, and to enforce those lawsavailable for relief.
MASSACHUSETTSGreater Boston Legal Services
197 Friend StreetBoston, MA 02114
In 2012, the projectassisted 636 clientswhich included 219 full-representation cases
Assist people every month withbarriers to employment caused bycriminal records by helping them getcopies of their own criminal record
Project targets Boston’s African-Americancommunities in Roxbury, Dorchester andMattapan—poorest areas of Bostonhardest hit by unemployment. Operate
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617-371-1234800-323-3205
http://www.gbls.org
(CORI: criminal offender record information—also referred to as the person’s recordin MA )
involvingrepresentation ofclients in court to sealor expunge criminalrecords, and 417 caseswhere client receivedbrief services or limitedrepresentation relatedto sealing,expungement orrelated consequencesof records. (Data based on casesclosed in 2012 anddoes not include opencases that continuedinto 2013).
reports and advising them on whatemployers will be able to access ifthey request records depending onstatutory grant of access in MA; prepare cases and represent clients incourt on requests to seal or expungecriminal records; pro se help withadministrative process to seal “agedout” cases; help with juvenile recordsealing; advice on the varying levels ofaccess by employers and others tovarious types of criminal cases; motorvehicle suspension issues, “Ban theBox” rights, discrimination claims, andother collateral consequences. Also work on systemic law reformissues pertaining to clients such manyproblems with implementation ofrecent changes in the law related torecent CORI reform legislation in2012. Also handle appeals related tosealing and expungement, writeamicus briefs, and produce webmaterial for masslegalhelp.org on CORIand other materials for pro se parties.
“CORI help” tables bi-monthly at Roxburyand Dorchester courts. Represent almostall individuals who appear for criminalrecord sealing hearings in Roxbury court. Work on policy and systemic reform issuesrelated to courts’ handling of sealing cases,“ban the box” violations, state agencycriminal record related issues, and appealsaimed at improving the body of law onsealing records. Also have provided community legaleducation training to groups and agenciesworking with people who have criminalrecords.
MICHIGAN
Legal Aid and Defender Association613 Abbott StreetDetroit, MI 48226313.967.5555http://www.ladadetroit.org Contact: Lynda KruppManaging AttorneyPrivate Attorney Involvement [email protected]
In addition to stafftime, LAD uses probono attorneys tohandle cases. Whereappropriate, clients arerepresented at theirhearings. Since 2004,509 expungementshave been grantedthrough LAD.
A 57-year old divorced man was livingon $176 a week in unemploymentbenefits when he sought LAD’s help toexpunge his criminal record. ThroughLAD’s efforts his expungement casewas filed and a volunteer attorneywas recruited to represent him at thehearing. His expungement wasgranted. He now has a job with thecompany that does the landscaping forthe Ford Motor Company campuses.He likes his job and says theexpungement made the difference inhis job search. Previously he was noteven able to get a job interview,although he has a college degree. Thisis because many employers startedconducting more extensivebackground checks after September11, 2001.
LAD’s expungement project has beenrecognized nationally as an innovative probono project. LSC recognized this project asa model for other pro bono programs byplacing it on LSC's Legal ResourceInformation Website. The NationalAssociation of Pro Bono Professionals(NAPBPro) chose the project as one of fiveprojects to be showcased in a nationalWebinar on "Best Practices" in 2010. There are thousands of individuals residingin Wayne, Oakland and Macomb Countywho are legally eligible to have theircriminal records expunged. Providing thislegal service enables ex-offenders, whohave demonstrated their ability to turntheir lives around, with expandedemployment opportunities to help reducethe rate of unemployment in the county
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and increase the standard of living for ex-offenders. This program has helped expandsecure, safe and affordable housingopportunities for the ex-offenders and theirfamilies as ex-offenders are often barredfrom subsidized housing. Since its inceptionseveral years ago over five hundred (500)people have had their criminal recordsexpunged.
Legal Aid of Western MichiganReentry Law ProjectCornerstone Bldg., Suite 40089 Ionia Avenue, NWGrand Rapids MI 49503 616 774-0672http://www.michiganlegalaid.org/ Contact:Leslie [email protected]
Since 2006, the ReentryLaw Project hasprovided legal servicesto nearly 2,000 clientsfrom a broaddemographic includingjuveniles and seniorcitizens, and people ofall races.
LAWM assisted a man to expunge ahome invasion conviction that made itimpossible for him to gainemployment and pursue his dream ofbecoming a firefighter. 19 years old atthe time of conviction, and more than10 years later, the conviction was stillon his record and prevented him frommaintaining consistent employmentand the firefighter position hedesperately wanted, despitesuccessfully completing training,passing exams and undergoing acommunity- led interview process.LAWM helped clear his record,allowing him to reapply and secure afirefighter position.
After the Michigan legislature enacted astatute making it illegal for a nursing hometo employ individuals with any felonyconvictions and some misdemeanorconvictions, the RLP filed an administrativecomplaint with the Consumer and IndustryServices Bureau seeking a clarification ofthe statute’s impact. The RLP obtained adeclaratory ruling that the new law did notapply to 1) Juvenile adjudications or 2)Individuals previously employed in the fieldwho are returning after the effective dateof the law and 3) to someone who hasbeen grandfathered in when they changejobs within the industry after the effectivedate of the statute. This ruling saved thejobs for hundreds of workers employed inthe nursing home field.
MINNESOTA
Legal Services State Support;Volunteer Lawyers Network; and Council on Crime and JusticeCriminal Expungement Start-to-FinishMidtown Commons - Suite #101B2324 University Avenue WestSt. Paul, MN 55114651-228-9105 [email protected] http://www.mnlegalservices.org
Webinars providing anoverview ofexpungement law anda tour of the documentassembly tool wereheld in April 2010,April 2011 and July2013. 2010attendance: 130; 2011attendance: 250; 2013attendance: 42.Attendees wereprimarily pro bonoattorneys, legal aidattorneys, and publicdefenders.
More than 1,100 sets
This project leverages resources byintegrating innovative document assemblytechnology, trainings and webinars and theuse of volunteer attorneys. Benefits areconsistent pleadings to the courts,increased pro bono and better results forclients. The interview is being continuallymodified to respond to changes in the law. It can be found atwww.projusticemn.org/criminalexpungement(must be a site member). Covers allavenues for criminal expungement, printingone of a dozen petitions and proposedorders based on the answers to a series ofsimple questions.
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of pleadings werecreated using the toolbetween 2010 and2012.
NEW JERSEY
Essex-Newark Legal Services5 Commerce Street2nd FloorNewark, NJ973 [email protected] http://www.lsnj.org Contact:Elizabeth DuellyStaff [email protected]
ENLS has handled expungement matters since the early 1980’s. It is staffed with onepart-time attorney whose efforts are supplemented by volunteers.
To date in 2013, ENLS isassisting 69 clients withactive files. Thisincludes petitions thatwere granted this year,petitions filed this year,interviews this year,and clients in otherstages of processing.Besides directrepresentation, ENLSalso provides adviceand brief service to ahost of other client-eligible persons whoare self-petitioning forexpungement relief. Each year, staff servesas panelists atexpungement lawseminars sponsored bythe Essex CountySuperior Court. In 2012two such seminars wereheld. In 2013, ENLSstaff also preparedresource documentsand participated intraining for LegalServices of New Jersey’sannual statewideconference. Thevolume of arrests inEssex County,particularly amongmembers of minoritygroups (whotraditionally suffer thehighest unemploymentrates), makes the needfor expungementservices great. In 2011,
K.C., a mother of four, was dismissedfrom her phlebotomist job because of a2002 felony conviction which arose froma street fight. K.C. is completelyreformed, a Christian evangelist, leadingBible study groups, and taking food to thehomeless in public places. Yet, she wasrepeatedly refused employment, and sheand her children were relegated to thewelfare rolls for support. ENLSsuccessfully petitioned the Court in 2012to grant an early expungement of K.C.’srecord. ENLS also assisted K.C. after herexpungement was granted but herprevious record still came up because ofan error by a government agency. Now,K.C.’s record is completely clear, and theagency error has been corrected. Another discretionary expungementinvolves I.V., a 48 year old mother of twogrown children whose 1980 felony drugconviction prevented her from obtainingeven minimum wage jobs, since her prioremployer closed in 2011. I.V. overcamethe heroin addiction which preceded herconviction, the methadone convictionwhich replaced it, and severe depressionfrom her infant nephew’s violent death,but could not overcome the barriers toemployment caused by her decades-oldconviction. ENLS petitioned the courtwith voluminous documentation of I.V.’sprior employment, certifications,educational efforts and career goals, andnow awaits a positive response from theCourt. H.F.’s 1980 shoplifting offense had beenthe subject of a 2006 expungement orderobtained by a private attorney. Yet, whenshe sought re-certification as aHomemaker- Home Health Aide in 2012,her application was refused because therecord came up. H.F. came to ENLS intears because she was no longer able to
Clients are provided resource materialsincluding a chart listing reentryorganizations. When eligible, ENLS filesthe petition for full expungement. If onlypartially eligible but the eligible portion ofthe record would be a great hindrance toemployment if not expunged (e.g.dismissals for kidnapping and sexual assaultwhich are eligible and C.D.S. convictionswhich are not), ENLS will file. Statestatutory amendments in 2010 havebroadened the scope of drug-relatedoffenses that are now eligible forexpungement at the courts’ discretion. The2010 amendments also reduced the waitingperiods for all eligible felonies at the courts’discretion. ENLS uses a client’s pastemployment history, jobs refused becauseof criminal record, training andcertifications and any current (often belowthe client’s level of ability) employment, aswell as the client’s career goals, to build thecase for expungement. So far, in all caseswhere ENLS requested the exercise of thecourts’ discretion, the petitions have beengranted. ENLS also assists clients wheretheir Criminal Case History is inaccurate. Inthose instances, they contact the StatePolice to correct the record. ENLS alsoadvises clients on how to proceed ifexpunged records still come up in publicrecord searches.
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33,792 persons werearrested in EssexCounty. Of this total,25,717, over 76%, wereAfrican-American. Ofthe 2,679 juvenilesarrested in EssexCounty in 2011, 2078,over 77%, were African-American. EssexCounty’s most populouscity, Newark,experiences the returnof approximately 1, 542persons each month,from state and countypenal institutions.
support herself. ENLS properly served theexpungement order on all agencies,ensured her State Police record wascleared and contacted the Board ofNursing on numerous occasions on H.F.’sbehalf. Due to ENLS intervention, H.F.was re-certified and can now beemployed in her chosen field.
Legal Services of New Jersey P.O. Box 1357Edison, NJ 08818-1357732 572-9100http://www.lsnjlaw.org
Prisoner Reentry Project (PREP)
Contact:Akil S. RoperVice President and Assistant General [email protected] Lisa Kalichman, Esq.Pro Bono Coordinator973-624-4500, ext. 4408
In 2012, PREP providedadvice and counsel,brief services, andrepresentation to 268individual clients.
Appellate AdvocacyIn 2012, LSNJ participated as AmicusCuriae in two significant mattersbefore the Supreme Court of NewJersey. In In re Kollman, a case whichultimately provides guidance to lowercourts in the fair handling of publicinterest expungements; and DYFS v.J.G., a matter questioning whether theDivision of Youth and Family Servicesrightfully terminated the parentalrights of a formerly-incarceratedfather. They also successfullyappealed the denial of petitioner’sapplication seeking the expungementof a record of dismissed cases beforethe Appellate Division in the Matter ofA.W. Employment DiscriminationWhile they assist clients with filingcriminal record discrimination/racebased charges of discrimination withthe EEOC, they have been successful indirectly resolving several casesinvolving the denial of an employmentopportunity. In one example, werepresented an individual in his appealof the State Police’s denial of his
PREP is currently staffed with one attorneyand one paralegal, with some assistanceprovided by volunteers and pro bonoattorneys. They provide assistance in civillegal matters to eligible inmates andrecently-released prisoners to help theirsuccessful transition back into society. Theyaccomplish these goals through: Advocacy;Community Legal Education; Advice andCounsel; and Representation.
Recognizing that employment is crucial foreffective reentry, most legal services areaimed at helping clients get “job ready,”and ultimately obtaining and maintainingemployment, including (but not limited to)expungement, driver’s license restoration,occupational licensing and employmentbarriers.
ExpungementExpungement remains a major area ofLSNJ’s advocacy and direct assistance. Theyupdated their step-by-step Clearing YourRecord Expungement Manual (2012), whichnow includes additional pro se materials tohelp unrepresented people file “publicinterest” and compelling circumstances”certifications, if needed, with their petitionsfor expungement. Since its inception, they
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application for security officercertification due to a criminalconviction. The case was settled afterwe assisted T.D. obtain anexpungement. He is now entitled toreceive his security officer’s license. In another example, wecommunicated with an employer,verbally and in writing, after it haddenied an applicant based on hercriminal record. We advised theemployer of the rights of individualswith conviction records, and providedan explanation of her history withevidence of rehabilitation. We wereable to negotiate with the employerfor a meeting to further discuss theemployment opportunity.
have assisted hundreds of individualsexpunge their criminal records, providingadvice as to their eligibility, helping themdraft petitions, and in some cases,representing them. They routinely provideexpungement seminars and trainings tolocal organizations and community groups. Statewide Reentry Support for RecentlyReleased PopulationThey recently completed a grant-fundedassistance program at Essex CountyCollege’s Opportunity Reconnect-Newark,providing legal assistance to parolees, max-outs and local residents. They continue topartner with and provide services to serveurban centers where many reenteringindividuals reside, including Newark, UnionCounty, Atlantic City, and Jersey City. Employment DiscriminationThey submit comments to the EqualEmployment Opportunity Commission(EEOC) in response to requests for guidancein drafting a strategic enforcement plan. They made a number of suggestions to helpestablish priorities, increase efficiency ofoperations and improve customer service. PREP regularly assists clients to file chargesof discrimination with the EEOC, theenforcing agency under Title VII.
Outreach / PublicationPREP advocates continued their outreachlast year, and made further efforts toestablish a presence in state and federalcorrectional facilities and programs. In thisregard, they made presentations to Fort DixFederal Prison and Mid-State CorrectionalFacility for Women, and Kintock HalfwayHouse. They traditionally provide anoverview of the services available from LSNJand PREP, and disseminate materials at therespective facilities for the benefit ofinmates. They publish a number of relevant articles
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in the LSNJ publication LSNJ Report, forstatewide advocates, and Looking Out forYour Legal Rights, for the clients andpopulations they serve, including: CriminalRecord Discrimination in Employment (LSNJReport); New Jersey’s Supreme CourtProvides Guidance in Filing Public InterestExpungements (Looking Out); Department ofCorrections to Remove Former InmateInformation from Searchable Database (LSNJReport); Bill May Restrict Public HousingOpportunities for Former Sex Offenders(LSNJ Report); and EEOC Issues RevisedGuidance on the Use of Criminal Records inEmployment Decisions (LSNJ Report).
NEW YORK Center for Community Alternatives Reentry Clinic115 E. Jefferson StreetSuite 300Syracuse, NY 13202315-422-5638 [email protected]://www.communityalternatives.org/ Contact:Lisa Baily, Director, Reentry [email protected], ext. 213 Patricia Warth, Co-Director, Justice [email protected], ext. 229
The Center forCommunity Alternativesis a community-based,non-profit organizationwith 30 years’experience working topromote reintegrativejustice and a reducedreliance onincarceration throughservices, advocacy, andpolicy development. Based in Syracuse, NewYork, CCA has programsin New York City,Syracuse, andRochester, New York.
Charles, a Reentry Clinic client, hasworked for 6 years for a company thatprovides food services to nursinghomes. Recently, a state agencydetermined that his “rap sheet” had tobe reviewed for “clearance” tocontinue this work. The rap sheetrevealed an old arrest from 1985 thathad been arraigned, but neverprosecuted. As a result, the arrestappeared as “pending.” The stateagency instructed Charles’ employerto suspend him without pay until hecould get this “pending” arrestresolved. CCA’s Reentry Clinic wasable to quickly file a motion toterminate the prosecution convincingthe judge and district attorney toexpedite the motion. The motion wasgranted, and the arrest chargesdismissed and sealed. CCA notifiedthe state agency, and Charles wascleared to return to work.
CCA’s Reentry Clinic helps clients obtaintheir official criminal history records (“rapsheets”) so they can accurately report theirpast criminal convictions if required to doso during the job application process. Wealso identify and take steps to correct rapsheet mistakes that can create barriers toemployment. We assist clients indeveloping an effective strategy fordiscussing their past convictions and theirrehabilitation and good conduct withemployers. We help clients apply forCertificates of Rehabilitation if eligible. Forclients who are pursuing a career thatrequires occupational licensing or“clearance” by a state agency, we helpclients navigate this process. Finally, weinform clients of their rights when applyingfor employment, and if needed, help themexercise their rights by putting employerson notice when they fail to honor the law. If necessary, we assist clients in pursuinglegal remedies that may be available tothem.
Legal Action Center (LAC)225 Varick StreetNew York, NY 10014212 243-1313800 [email protected]
In the last year, LACclosed approximately2,800 cases for 2,000clients throughout NewYork State.
LAC’s legal staff and pro bonoattorneys won administrative hearingsfor many clients denied security guardlicensure due to a criminal record. Most of these individuals hademployers willing to hire them
LAC services range from obtaining rapsheets and providing written, user-friendlysummaries, to advising and assisting witherror correction, obtaining Certificates ofGood Conduct or Relief from Disabilities,providing advice, advocacy, and
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http://www.lac.org Contact:Sally FriedmanLegal Director [email protected]
provided they received licensure. Through pre-litigation negotiationsand representation in administrativeagencies and litigation, LAC obtainedjobs and monetary settlements forindividuals denied employment inviolation of New York’s law prohibitingdiscrimination based on a criminalrecord. LAC paralegals helped individualsobtain Certificates of Relief fromDisabilities that prospective employersstated were a pre-requisite toemployment.
representation to overcome criminalrecord-related barriers to jobs, occupationallicensure or public housing, and to enforcelaws governing commercial backgroundchecks. LAC publishes popular know-your-rights publications, available atwww.lac.org.
The Legal Aid Society· The Robin Hood Foundation's Rikers Island Single Stop Reentry Project
Initiative (The Riker’s Re-entry Project)· The Prisoners’ Rights Project· The Parole Revocation and Defense Unit· The MICA Project· The Adolescent Intervention and Diversion Unit· The Trafficking Victims Legal Defense and Advocacy Project· The Employment Law Unit (ELU)
199 Water StreetNew York, NY 10038212 577-3300http://www.legal-aid.org/en/home.aspx Contact:Adriene HolderAttorney-in-Charge, Civil Practice [email protected] Louis SartoriPro Bono Counsel and [email protected]
The Riker’s Re-entryProject provides fullrepresentation andadvice to incarceratedclients on issues relatedto housing matters,family law, andconsumer issues. ThePrisoners’ Rights Projectseeks to remedyunconstitutionalconditions and illegalpractices in the NewYork City jails and NewYork State prisons. Thereentry practice focuseson advocacy to supportex-inmates’ transitionand reintegration intotheir communities withtheir families and inobtaining employment,housing, health andother benefits, inresuming theireducation, and in re-gaining their civil rightsas they are assistedthrough our ParoleRevocation and DefenseUnit, the MICA Project
The ELU helped a nineteen year oldwho was terminated from hisemployment with the NYC ParksDepartment for allegedly omittinginformation related to his criminalconviction history on his employmentapplication. After reviewing hiscriminal record history it wasdiscovered that he did not have anycriminal convictions and only has asealed violation and a youthfuloffender adjudication - which are notconvictions. The NYS Human RightsLaw specifically prohibitsdiscrimination in employment againstthose with sealed violations andyouthful offender adjudications. TheUnit was able to advise the client ofhis rights and help him obtain theappropriate documents from criminalcourt to present to his employer toresolve the matter.
The Employment Law Unit is supportingbills on a number of reentry issues, some ofwhich are specifically focused on increasingemployment opportunities for ex-offenders. The Unit has helped draft a billthat would protect employees who arearrested from being terminated once theyhave accepted an adjournment incontemplation of dismissal of any criminalcharges. The ELU works with The Legal AidSociety’s Criminal Defense Practice andJuvenile Rights Practice in advising clientson the employment consequences ofdifferent possible pleas or other options.The ELU also offers representation toclients if employers do not honor their legalrights once they have negotiatedresolutions of their criminal cases.
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for mentally ill andchemically addictedclients, the AdolescentIntervention andDiversion Unit, specialprojects assistingchildren who have hadinvolvement with thejuvenile justice systemto ensure that theirprivacy rights areprotected and thatrecords sealed by theFamily Court remainsealed, and theTrafficking Victims LegalDefense and AdvocacyProject. TheEmployment Law Unit(ELU) providesassistance in cases thatinvolve collateralconsequences andcriminal recordsdiscrimination.
Legal Aid Society of Mid-New York (LASMNY)Parent Success Initiative (PSI)255 Genesee Street, 2nd FloorUtica NY 13501 315 793-7000http://www.lasmny.org Contact:Dan AltwargSenior Managing [email protected]
Greater Syracuse Works(GSW) is theorganization of 30 non-profits in OnondagaCounty (Syracuse). Thegoal is to collaboratewith local social serviceagencies to obtainfunding for services toclients to obtainemployment. The twolargest clientpopulations are ex-offenders/reentry andchild supportrespondents. This wasso glaring that NewYork amended its lawslast year to clearlyauthorize the familycourt to order non-custodials into
PSI agencies include a core of 8-10 GSWmembers, including LASMNY. Partnersinclude the family court, child supportenforcement unit and the center for courtinnovation. LASMNY and another non-LSCfunded legal aid provide legal assistance toovercome barriers that interfere withemployment (child support, licensesuspension, general debt collect, andvehicle and traffic infractions). A localprisoner reentry project (Center forCommunity Alternatives) handlesexpungement and civic restoration. Severalagencies provide case management and joblocator/employment services and a coupleof other agencies provide parentingskills/classes. Their new DOL grant will alsoinclude a large employment component asthe contract will fund work crews.
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employment projectssimilar to PSI. The Urban Instituteevaluated the PSI in2009. From June 2010-April 2011, the PSIrecruited 321 clients,opened 180 cases, 93clients received legalassistance, 81 receivedparenting education,and 44 received civicrestoration. 41 clientswere placed inemployment.
Legal Assistance of Western NY (LawNY®)/ Rochester OfficeOne West Main Street 4th FloorRochester, NY 14614585 325-2520http://www.wnylc.com Contact:Lou PrietoManaging Attorney,LawNY Rochester [email protected]
Serves over 100 clientswith criminal recordemploymentissues/year. 181 jobsinvolving NY Statelicenses saved in thelast 4 years. $1m+employment incomerestored/year afterinitial revocation ofstate licenses. Est.$4,525,000 total annualwages preserved in last4 years for jobsrequiring statescreening. 44% clientsreported they are nolonger on publicbenefits. 31employmentdiscrimination casesfiled and successfullyresolved in 4 years;$177,220 recovereddamages. Examples of client workhighlighted inClearinghouse Review,January-February
2011.[1]
LawNY® settled a case involving abackground reporting companyimproperly providing sealed arrestinformation for screening tenantapplications. The company agreed topay damages and to comply with lawsprohibiting the reporting of sealedcriminal arrests. LawNY® successfully reversed a NYSDepartment of Education decision thatdenied a client paraprofessionalemployment clearance based upon a1976 assault conviction. The Staterecord check was triggered when theclient was promoted to a Teachers Aidposition after working for the schooldistrict for 20 years. LawNY® filed a complaint againstRadio Shack with the NY StateAttorney General. The complaintcharged Radio Shack with statewide,systemic discriminatory hiringpractices. As a result of thatcomplaint, in 2009, the AG’s Officereached a settlement requiring RadioShack to discontinue its unlawfulpractices, comply with NY State law,pay a fine to the AG’s Office andadditionally pay $245,000 into a victimrestitution fund.
LawNY® focuses on qualifying formeroffenders for employment, professionallicensing, and clearances subject to statemandated criminal background checks. Inaddition to enforcing NY state employmentrights, the LawNY® reentry project utilizesfederal and state fair credit reportingstatutes to remove unlawful criminal recordcheck barriers to employment andhousing.
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MFY LEGAL SERVICES, INC.299 Broadway, 4th Floor New York, NY 10007212-417-3700http://www.mfy.org Contacts: Jeanette Zelhof, Executive [email protected] Bernadette Jentsch, Re-entry Project Coordinator212-417-3772
MFY servesapproximately 80clients per yearproviding advice andbrief service, andappealing to andappearing atadministrative hearingswhen licenses forvarious jobs (homehealth aids, securityguards, etc.) are deniedas a result of criminalhistory.
Mr. J had worked successfully as asecurity guard for several months buthis employer could not offer him apermanent job until he secured alicense. His life had been difficult. Hehad had periods of homelessness andseveral violations and misdemeanorsas a result of his time on the streets.Since he had a past criminal record, hecould not get the license withoutshowing that he was rehabilitated. MFY worked with him to document hisrehabilitation and present credibletestimony at his hearing as a result ofwhich he received the license and wasable to get the full-time permanentposition. Several; other client stories areavailable separately from MFY.
Youth Represent
346 BROADWAY, STE 601NEW YORK, NY 10013212 553-6421
http://www.youthrepresent.org
(all five boroughs)
Contact:Laurie PariseExecutive [email protected]
Youth Representprovides legal servicesto low-income NYCyouth age 24 and underwith current or pastjustice systeminvolvement. We use acommunity lawyeringmodel to provideservices withinprograms throughoutthe city. In addition tocriminal defenseservices, we provideyouth with the legalservices necessary togive them access to thecornerstones ofstability--education,employment, housing,and family resiliency. In2012, Youth Representworked with 578 youthand opened 801 newservices. 674 of thoseservices involvedobtaining criminal
(1) A participant at a job trainingprogram spent hours attending classto become a licensed EmergencyMedical Technician. At the end of theclass, when asked about her criminalrecord, she didn’t know what to do. YRobtained the client’s record, foundand corrected a mistake where sealedcriminal justice information was beingreleased to employers, and helped theclient obtain the employment license. (2) A client at a community-basedorganization's employment programwas rejected from a job on the basisof an open criminal warrant. Workingwith YR, the client was shocked tolearn she had a warrant on a 5 yearold case for being on the playgroundafter dark. YR represented the clienton the criminal charge, secured adismissal of the case, and worked withthe employer to explain the situationand assist the youth in obtaining thejob.
Obtaining criminal records and providingadvice as to employment rights, criminalrecords repair, obtaining Certificates ofRelief, housing applications and evictionsbased on criminal records, employmentdiscrimination based on criminal records,child support modifications.
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histories, criminalrecords repair,certificates of relief, oremployment legalservices.
OHIO
The Legal Aid Society of Cleveland “Access to Employment”1223 West Sixth StreetCleveland, OH 44113888-808-2800216-861-5500 http://lasclev.org/get-help/work/ Contact:Colleen M. Cotter, Esq.Executive [email protected]
Prior to 2012, ClevelandLegal Aid worked withjudicial leaders and thelocal public defender totrain attorneys on thebasics of sealingcriminal records. Numerous individualswere helped throughclinics and otheroutreach programs. In2012, a local statesenator introduced abill in Ohio to expandthe definition ofexpungements so morepeople become eligibleto seal records in Ohio. The Ohio governorsigned the bill into lawin later 2012. Since thelaw change, ClevelandLegal Aid fielded 1255intake applications forexpungements – a188% increase. Inaddition to this, LegalAid helped 2200 peopleoverall in 2012 withother employment lawissues.
Rochelle Jones* needed help. A 30-year-old misdemeanor on her recordwas a barrier to her getting a job.Although she wanted to clear herrecord, she didn’t know where to startuntil an expungement clinic hosted bythe Legal Aid caught her attention.Stephanie Jackson, managing attorneyof Legal Aid’s Health-Education- Work-Income-Immigration practiceencouraged Ms. Jones to work withLegal Aid at the clinic. Ms. Jonesremembers “Ms. Jackson set me upwith a spot in one of the communityclinics; she was so kind andprofessional, I knew I wanted to comein and talk personally.” Ms. Jonesattended a free legal advice clinicfocused on expungements and otherlegal needs. At the clinic, Ms. Jonesmet attorney Christopher Murray, oneof Legal Aid’s 1,600 pro bonovolunteers. Mr. Murray workedpersonally with Ms. Jones on her caseto ensure her success. After gettingguidance at the clinic, Ms. Jones filed apro se expungement with BedfordMunicipal court. The motion wasgranted within days. Ms. Jones was ecstatic and didn’t haveenough positive things to say. “I thankGod for Legal Aid, all the workers andattorneys who volunteer their timeand expertise, and give back byhelping others.” She also made nosecret that she thought that Legal Aidwas special. “Whenever I would talk toa lawyer somewhere else, they were
Chronic unemployment is often caused by alegal issue that must be removed in orderfor employment to be accessible. Forinstance, a young man with a pastconviction can only get a job with thatconviction sealed on his record; a singlemother’s beautician’s license if deniedunlawfully and she doesn’t have thecapacity to fight the denial. The peoplehelped by Cleveland Legal Aid’semployment law practice are low incomepeople who are confronted with a legalproblem that -- if left unresolved -- willresult continued long-term unemployment.The problems they face are life problemsthat have a legal resolution. These clientshave legal rights but without an attorneythose rights will not be enforced. There isno civil right to counsel in the UnitedStates. When someone is faced with abarrier to employment, the best response isoften the use of our legal system. Manylow-income people work, often at morethan one job. Many workers do not receivethe full, lawful benefit of that hard work.Cleveland Legal Aid helps workers maintainthe income they have earned from working,helps workers who have lost their job getunemployment compensation benefits, andhelps people who are facing tax problems. Cleveland Legal Aid removed barriers andhelps increase access to employment.Cleveland Legal Aid helps low-incomepeople with expungements and reinstatingdrivers’ and professional licenses. Additionally, Cleveland Legal Aid works withpeople who have lost their jobs to exercisetheir rights in unemployment compensation
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haughty and judgmental. But everysingle person I ever talked to at LegalAid was kind and compassionate.Especially the volunteers taking timeaway from their families to come helppeople like me.” Since theexpungement, she was able to obtainemployment and is now proud to besupporting her family. As to whethershe would recommend The Legal AidSociety to other people: “Sometimesyou want to throw up your hands andquit, but don’t. There are good peoplethat will help you.” *Name changed to protect privacy ofclient.
and lost wage cases to help ease the impactof lost employment and help clients getback on their feed to find and retainemployment. Cleveland Legal Aid engages the private barin pro bono activities to increase low-income peoples’ access to employment. This work increased over the last twenty-four months because of Ohio’s increasedfocus on the use of sealing criminal records(aka “expungements”) to provide access towork for people previously barred fromcertain types of employment.
Legal Aid of Western OhioReentry Coalition of Northwestern Ohio525 Jefferson Avenue, Suite 400Toledo OH 43604-1371 419 724-0030http://www.lawolaw.orgContact:Janet Hales [email protected]
The Reentry Coalitionof Northwestern Ohioholds monthly reentrylegal clinics insideToledo CorrectionalInstitution for inmates6 months or less fromrelease. The projectuses LAWO staff,volunteer attorneysfrom the private barand volunteer lawstudents to identify andresolve civil legal issueslikely to interfere withpost-releaseemployment ofhousing. During 2010-2011, the projectdirectly assisted 97inmates. 42 volunteerattorneys participatedin the clinic to date.The project holds pre-releasevideoconferencehearings betweeninmates still in prisonand judges at theToledo Municipal Court.This aspect of the
LAWO’s reentry project helps reenteringprisoners obtain reinstatement of driver’slicenses where needed for employment;clears warrants that otherwise would putthe inmate at risk of post-release re-arrest;helps ex-offenders seek expungementwhere eligible; assists in resolution ofpayment plans for child support obligationsand other debts that would lead togarnishment of wages; helps inmatesqualify for medical assistance whereotherwise not available through expectedemployment; and helps reenteringprisoners obtain housing in communitieswhere they will have access toemployment.
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project so far hascleared outdatedwarrants and cleared$12,671 in fines thatotherwise could haveled to re-arrest duringthe first year of release.
PENNSYLANVIA
Community Legal Services, Inc.1424 Chestnut St.Philadelphia, PA 19102-2505215 981-3700http://www.clsphila.org Contact: Sharon M. DietrichManaging [email protected]
In 2012, 1032 clientssought representationfrom CLS for criminalrecord/employmentissues.
Expungements; pardons; correctinginaccurate criminal records produced bypublic or commercial sources; disputing andmaking payment plans for criminal debt;negotiating with or filing EEOC chargesagainst employers who improperly rejectworkers; assisting with occupationallicenses; helping gain entry to job trainingprograms.
TEXAS
Legal Aid of Northwest Texas (LANWT)
Helping Individuals Remove Employment Disadvantages
Project (Hired)
600 E Weatherford St. 3rd FloorFort Worth, TX 76102817 336-3943http://www.lanwt.org
Contact: Laura DavisStaff [email protected]
Staffed with oneattorney. TotalNumber of ApplicantsSince Project Inception- March 2010: 143. Accepted for FullRepresentation: 39. Advice Only: 19.Advice Only due toLimited Resources: 25.On Hold PendingInvestigation: 27. BriefService, No Show,Referral, Conflict,Ineligible Matter: 33.
This project is modeled after the LegalAction of Wisconsin RTO. Like the RTO, itreceives referrals from communitypartners. LANWT would like to expand thisproject. Staff attorney meets with clientsand determines the appropriate level ofservice and legal remedies. Hired works inconjunction with other services aimed atpreventing homelessness and helpingclients obtain jobs.
VIRGINIA
Legal Aid Justice Center1000 Preston AvenueCharlottesville, Virginia 22903434 [email protected]://www.justice4all.org Contact: Carolyn KalantariAttorney(434) 977-0553, x 113
In the last 12 months,LAJC has received morethan 50 requests forassistance with driver’slicense restoration intheir Charlottesvilleoffice. The vastmajority of the clientslost their licenses dueto court costs and feesthat have remained
One client lost his driver’s license andconsequently his job when he failed topay approximately $350 to twocourts. In Virginia, driver’s licensesmust pay these fees in full in 30 daysor their license is suspended. In orderto reinstate the license, client neededto pay the DMV $150 reinstatementfee and establish payment plans inboth courts. Each Virginia courtindependently manages its repayment
LAJC has trained local attorneys to assistclients pro bono with driving and votingrights restoration and scheduled severalclinics to match clients, pro bono lawyersand law students with meritorious cases. LAJC participated in local reentry meetingsand developed relationships with numerousstakeholders including probation, OffenderAid Restoration, and jail staff looking atways to reduce recidivism.
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outstanding for morethan 30 days. They receive numerousrequests for assistancewith voting rightsrestoration. In Virginia,all felony convictionsstrip individuals of theirvoting rights until suchtime as the individualsuccessfully petitionsthe Governor toreinstate them. They also assist clientsreleased from theVirginia Department ofJuvenile Justice withschool reenrollmentand mental healthtransition planning.
terms. One of the courts at issue,which was located one hour away,would have required client to appearin person to sign paperwork, pay 50%down and timely pay an additional$25 each week to establish a paymentplan. They advised the client as tohow to prioritize the debt and exploremost manageable way to seek licenserestoration. LAJC also assists clientsseeking restricted driver’s licenses.
They have implemented a press strategy tolet the community know that they areavailable to assist with driver’s licenserestoration and voting rights restorationmatters for convicted felons. LAJC isconsidering advocacy designed to makeexpungement a more viable option inVirginia for individuals who have hadcontact with the criminal justice system.
Southwest Virginia Legal Aid Society, Inc. (SVLAS)227 West Cherry StreetMarion VA 24354 276 783-8300http://www.svlas.org/ Contact:Larry T. HarleyExecutive DirectorSouthwest Virginia Legal Aid Society227 West Cherry StreetMarion, VA 24354276.783-8300, ext. 223
SVLAS provides adviceonly. In 2011, theprogram closed twoexpungement caseswith successful courtorders, and closed 16cases ascounsel/advice. Theother effort involvesassisting participants inan area drug treatmentcourt with access tohousing. Participants inthe local drugtreatment court whoneed housing aredirected by the courtpersonnel to a localpublic housingprovider. The providerdenies the applicationfor housing and refersthe client to SVLAS forrepresentation in
Expungement is considered a Tier Onepriority under the Miscellaneous categoryof SVLAS’s priorities. The program handlesexpungement of police and court recordswhen there has been no finding of guilt andthe existence of such records interfereswith housing and/or employmentopportunities.
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appeal with theunderstanding thattogether they will workwith the public housingprovider to fashion alease that both protectsthe public housingprovider and its othertenants and provideshousing to the client. This project has juststarted in February2012.
WASHINGTON
Northwest Justice Project (Statewide Legal Aid Program)
RISE: Reentry Initiated through Services and Education (King County (Seattle area)Washington) 401 Second Avenue South, Suite 407Seattle WA 98104 206 464-1519http://www.nwjustice.org Contacts:Elizabeth HendrenRISE Fellow/Attorney [email protected] Cesar E. TorresNJP Executive Director [email protected]
The RISE Projectprovides comprehensivecivil legal services toformerly incarceratedmothers in order toassist them with thebroad range of civillegal issues that need tobe resolved in order formothers to reunite withtheir children post-incarceration and buildstability for theirfamilies. Specifically,this includes legalinformation, directassistance, and referralsin the areas of familylaw, domestic violence,child support, housing,consumer debt issues,relicensing, recordsealing, and publicbenefits. FromSeptember 2012-May2013, RISE assisted 28clients, 15 of whomreturned for multipleappointments. Ninewere assisted on morethan one legal issue.RISE is currentlyproviding directrepresentation to six
One RISE client identified nine legalissues she needed assistance with inorder to reunite with her child,including an administrative appeal ofan improperly investigated finding ofabuse against her, obtaining an orderand parenting plan to protect theclient and her child from her formerabusive partner, help negotiatinglower interest payments on her legalfinancial obligations, reinstatement ofher driver’s license so she could work,assistance getting her child on SSI,information about sealing her criminalrecord, help to obtain a Section 8voucher to move out of transitionalhousing, and reduction of hermonthly payments for back childsupport for the period she was in jailand shortly after release. The clientalso had an ongoing dependencyaction for which she had beenappointed a public defender. RISErepresented the client in her CPSappeal and protection order action,and coordinated with her publicdefender in the dependency action toaccurately portray her efforts to thedependency court. She was reunitedwith her child and RISE now representsthe client to obtain a protectiveparenting plan and is assisting theclient to reinstate her driver’s licenseso that she can drive to work from the
RISE counsels on driver’s licensereinstatement issues, which arise frequentlyfor formerly incarcerated clients who can’tafford to pay their traffic tickets but needto drive in order to work since theyfrequently can only obtain housing in ruralareas due to their criminal convictions. RISEalso counsels on occupational licensingissues, e.g. helping nurses with criminalconvictions to avoid losing their license dueto their conviction, as well as represents tochallenge employment disqualifyingadministrative findings of abuse or neglectand provides record sealing information toeligible clients. Finally, RISE’s work on theabove family reunification issues is also tiedto employment as research has shown thatformerly incarcerated parents who areallowed to take an active parenting role intheir children’s lives tend to gravitate moretowards trying to obtain employment in theformal economy and away from illegalactivity.
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clients.
rural area where her transitionalhousing is located. RISE also advisedthe client to help her successfully negotiate a lower monthly childsupport payment for the owed arrears,referred her to a debt clinic to helpreduce her legal financial obligationmonthly payments and interest rate,advised her regarding SSI and Section8 enabling her to completeapplications for assistance, andinformed her about sealing hercriminal record when she becomeseligible for that relief.
WISCONSIN
Legal Action WisconsinRoad to Opportunity (RTO) and DOES SSI Prison Project230 West Wells St., Room 800Milwaukee WI 53203-1866 414 278-7777http://www.legalaction.org Contact:David A. Pifer [email protected]
RTO: In the last 3 ½ years,the RTO projectrepresented clients in2,459 cases: 406 werecriminal record issues,53 noncustodial parentchild support problemsand 2,000 were driver’slicense restorationcases. RTO is currentlyrepresenting clients in472 open cases: 83criminal record issues,110 noncustodialparent child supportproblems and 279driver’s licenserestoration cases. Theincrease in childsupport cases is a resultof the recent fundingfor that purpose. DOES: 236 open cases.
Client stories separately available. RTO:This project has been in place since 1999,when it was called Legal Intervention forEmployment (LIFE). This project focuseson removing barriers to employment as ameans of bringing clients out of poverty. The RTO Project works closely with analliance of providers, including theMilwaukee Workforce Development Boardand other employment and trainingorganizations. These agencies refer thecases to LAW. LAW’s target population forRTO services are re-entering offenders andat –risk individuals trying to findemployment and avoid criminal behavior. The RTO primarily serves clients throughdriver’s license restoration, child supportissues for non-custodial parents, correctionof criminal records andlicensing/certification problems. They dosome expungements. DOES:This is a new project with the WisconsinDepartment of Corrections. While not tiedto employment, it is intended to obtainbenefits for disabled reentering individuals,thereby providing an income stream,greater stability and reduced recidivism. No closed cases to report since project stillnew.
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[1] Lou Prieto, Persis S. Yu, & Jason Hoge, Consumer Law and Criminal Record Barriers, Clearinghouse REVIEW Journal of Poverty Law and Policy, (January-February 2011).