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Crime

Press Room: Expunging Criminal Records: Learn the In’s and Out’s of Clearing a Criminal Record

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By Dallas Post Tribune Staff

Cass Robert Callaway, a practicing criminal defense lawyer who represents individuals accused of misdemeanor and felony charges, will be the presenter for the February Lunch & Learn Series class at Frazier House. The class is February 21 from 11 a.m. to 12:30 p.m., at Frazier House, 4600 Spring Avenue.

He will provide participants with strategies on how to clear their criminal records. His discussion will focus on:

  • effective strategies for preserving/allowing for criminal record clearing eligibility
  • a view of the criminal record clearing process
  • alternatives to getting around criminal record history when record clearing isn’t an option
  • the do’s and don’ts of online criminal record databases/mug shot scam sites
  • practical ways of getting criminal records cleared with an eye toward your finances

Callaway will discuss also how you can be an effective advocate for legislative and policy changes in your community, at work, and in your sphere of influence – to make criminal record clearing more available to people fighting for a second chance.

Cass Robert Callaway is a practicing criminal defense lawyer. He also serves as local counsel for the online record clearing law firm – Higbee & Associates (www.recordgone.com). He has managed the filing and resolution of hundreds of expunctions, non-disclosures and motions to set aside conviction. He also serves as the presiding municipal judge in Hutchins, TX and the alternate municipal judge in Addison. He attended and graduated from the University of Texas at Austin, worked in politics in Washington, D.C. for several years, returned to Texas to attend law school at Texas Tech School of Law, and now resides in Dallas operating his practice – The Law Office of Cass Callaway.

To register: https://www.zwhjcoc.org/classes-expunge/

The classes are free and open to the public. Bring your lunch; we will provide the drinks. For more information, email: info@zwhjcoc.org or call Jasmine Anderson at 214.324.4443.

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Zan Wesley Holmes Jr. Community Outreach Center

The Zan Wesley Holmes Jr. Community Outreach Center is a nonprofit organization creating self-sustaining pathways out of poverty for young people and families in Dallas, Texas, through education and job placement.

Frazier House Frazier House is an initiative of the Zan Wesley Holmes, Jr. Community Outreach Center. It is located on the first floor of the newly renovated former Julia C. Frazier Elementary School. It offers multiple services in one building partnering and collaborating with other community nonprofits, service organizations and the Dallas ISD. This shared space will offer access to educational, social services, job skills training and job placement opportunities for Frazier House Clients

This article originally appeared in the Dallas Post Tribune

Business

Groups Unite to Oppose Landmark California Mental Health Legislation

“With broad support from California’s state Senate, CARE Court is one step closer to becoming a reality in California,” said Gov. Gavin Newsom, “I am also grateful to have the California Chamber of Commerce, the California Downtown Association, and 21 local chambers of commerce join our ever-expanding CARE Court coalition, which includes a diverse group of supporters focused on tackling the challenge of severe mental illness that too often leaves individuals on our streets without hope.”

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The proposal, introduced in February by Senators Tom Umberg (D-Santa Ana) and Susan Talamantes Eggman (D-Stockton), would create a supportive alternative to the criminal justice system in California for people who are mentally ill or suffering from Substance Abuse Disorder.
The proposal, introduced in February by Senators Tom Umberg (D-Santa Ana) and Susan Talamantes Eggman (D-Stockton), would create a supportive alternative to the criminal justice system in California for people who are mentally ill or suffering from Substance Abuse Disorder.

By Aldon Thomas Stiles, California Black Media

Senate Bill (SB) 1338, also known as the CARE Court Program, is attracting growing resistance as it makes its way through the legislative process. Some legal advocacy and civil rights groups say the law would negatively African Americans and other minorities.

The proposal, introduced in February by Senators Tom Umberg (D-Santa Ana) and Susan Talamantes Eggman (D-Stockton), would create a supportive alternative to the criminal justice system in California for people who are mentally ill or suffering from Substance Abuse Disorder.

Focused on the state’s unhoused population, SB 1338, would mandate treatment for people diagnosed with mental illnesses. About 40% of homeless adults and children in California are Black, a number nearly seven times higher than the total percentage of Blacks (5.6%) in a state with about 40 million people.

Opponents of the legislation say SB 1338 dangerously expands judicial power and empowers the criminal justice system to commit people to mental health treatment that is sub-par – and often against their will. There is also the potential for misdiagnosis, they warn.

“CARE Court promotes a system of involuntary, coerced treatment, enforced by an expanded judicial infrastructure, that will, in practice, simply remove unhoused people with perceived mental health conditions from the public eye without effectively addressing those mental health conditions and without meeting the urgent need for housing,” read the Human Rights Watch’s (HRW) opposition letter.

“We urge you to reject this bill and instead to take a more holistic, rights-respecting approach to address the lack of resources for autonomy-affirming treatment options and affordable housing,” the letter said.

SB 1338 unanimously passed in three Senate committees before the full State Senate approved it in May.

The legislation is currently making its way through the Assembly, where the Committee on Judiciary is reviewing it.

“Given the racial demographics of California’s homeless population, and the historic over-diagnosing of Black and Latino people with schizophrenia, this plan is likely to place many, disproportionately Black and Brown, people under state control,” HRW’s letter continued.

Some members of the California Association of Mental Health Peer Run Organizations share HRW’s opinion, claiming that the program would “disproportionately affect people of color by imposing another unnecessary court process on an already overloaded and biased system.”

SB 1338 does, however, have support from various California-based organizations.

“With broad support from California’s state Senate, CARE Court is one step closer to becoming a reality in California,” said Gov. Gavin Newsom, “I am also grateful to have the California Chamber of Commerce, the California Downtown Association, and 21 local chambers of commerce join our ever-expanding CARE Court coalition, which includes a diverse group of supporters focused on tackling the challenge of severe mental illness that too often leaves individuals on our streets without hope.”

Jennifer Barrera, president and CEO of the California Chamber of Commerce, expressed her support for the bill.

“The California Chamber of Commerce and our colleagues from throughout the state are pleased to support Governor Newsom and his vision to provide support for those suffering from severe mental illness and substance use disorders through the newly proposed CARE Court plan,” she explained.

Barrera says that CARE Court is a thoughtful, measured response to the tragedy of untreated mental illness impacting thousands of individuals. California employers have a clear stake in seeing the success of CARE Court as many business owners and their employees experience, first-hand, the impacts of inadequate policies that fail to address the needs of those individuals suffering on our streets and in our communities.

Disability Rights California (DRC) is also voicing its opposition to SB 1338.

“CARE Court is antithetical to recovery principles, which are based on self-determination and self-direction,” read the DRC’s opposition letter. “The CARE Court proposal is based on the stigma and stereotypes of people living with mental health disabilities and experiencing homelessness.”

DRC proposes an alternative solution to the problems CARE Court is attempting to address.

“The right framework allows people with disabilities to retain autonomy over their own lives by providing them with meaningful and reliable access to affordable, accessible, integrated housing combined with voluntary service,” read the letter.

The HRW expressed concern about how the program might impact personal rights.

“In fact, the bill creates a new pathway for government officials and family members to place people under state control and take away their autonomy and liberty,” HRW warns.

About a month before Umberg and Eggman introduced SB 1338, Gov. Newsom foreshadowed the bill’s arrival in his January budget proposal.

“We are leaning into conservatorships this year,” the governor said. “What’s happening on the streets and sidewalks in our state is unacceptable. I don’t want to see any more people die on the streets and call that compassion.”

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Activism

COMMENTARY: The Plan for Transforming Public Safety and Policing in the U.S.

One transformative public safety plan is currently moving forward in Ithaca, New York. It will replace the current police department with a new public safety department that will include armed officers and unarmed crisis intervention specialists. It would allow police officers to be more focused and effective while minimizing the chances that police-civilian interactions will spiral unnecessarily into violence. 

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Ben Jealous serves as president of People For the American Way and Professor of the Practice at the University of Pennsylvania.

By Ben Jealous, President of People For the American Way

Communities all across the country are facing public safety crises.

Crime is rising in ways that leave many people feeling unsafe. At the same time, police violence and killings of unarmed civilians demonstrate that pouring more money into more-of-the-same policing is not the answer.

Here’s some good news. There is a new road map for public officials who are eager for solutions. And there is a growing network of mayors and other officials who are ready to do what it takes.

“All Safe: Transforming Public Safety” is a game plan for transformative change. This massive policy blueprint just published by People For the American Way is grounded in real-world data and the expertise of local elected officials, law enforcement experts, clergy, and other community activists.

There are two truths about authoritarian policing. They do not contradict each other. In fact, they point us toward the possibility of building coalitions that are broad enough to make change happen.

One truth is that Black Americans, Native Americans, and other people of color pay a disproportionate price. Black Americans are more than twice as likely as white people to be shot and killed by police officers. Racial profiling is experienced by communities of color throughout the U.S.

A second truth is that people of color are not the only victims of authoritarian policing. As with so many other issues, Black and Brown communities are the canaries in a much larger American coal mine. White people make up the second-largest group in our prisons, disproportionately low-income white men, and they make up a majority of people killed by police each year.

Four years before George Floyd died under the knee of Minneapolis police officer Derek Chauvin, a white man named Tony Timpa called Dallas police to ask for help during a mental health crisis. He was handcuffed and zip-tied and killed by an officer who pressed his knee into Timpa’s back for 14 minutes while Timpa cried, “You’re gonna kill me!”

Every community is put at risk by systems that resist accountability for those who abuse their power.

Every community is put at risk by a police culture that promotes and tolerates an aggressive “warrior” mentality among law enforcement officers.

Those problems are compounded by communities’ over-reliance on police. Over the decades, we have added additional burdens to police officers that distract them from their primary purpose. That leaves all of us underserved and less safe.

Transforming public safety requires policy change in four major areas: restructuring public safety systems to ensure communities’ underlying safety and social needs are met; holding unfit officers responsible and accountable for their actions; removing unfit officers, particularly those with a demonstrated history of violence, aggression, or other misconduct from police departments; and recruiting well-trained public safety personnel committed to serving and protecting their communities.

One transformative public safety plan is currently moving forward in Ithaca, New York. It will replace the current police department with a new public safety department that will include armed officers and unarmed crisis intervention specialists. It would allow police officers to be more focused and effective while minimizing the chances that police-civilian interactions will spiral unnecessarily into violence.

The “All Safe” roadmap for transforming public safety demolishes the false narrative often promoted by police unions and their political allies to resist change and accountability. They claim that public safety reform is incompatible with effective crime fighting. In reality, the opposite is true.

The system of authoritarian policing that we have inherited from our past is not aligned with our national ideals of equality and justice for all. It is a threat to our people, our communities, and even our democracy. And it is not working to keep us safe.

Making America safer and more just requires a commitment to address root causes of criminal activity and violence, including unjust laws, discriminatory enforcement, and insufficient effective investments in individual and community wellbeing. And it requires a lasting transformation in the U.S. public safety system, including mechanisms to hold officers accountable for excessive use of force.

We know what kind of change is necessary. Let’s make it happen.

Ben Jealous serves as president of People For the American Way and Professor of the Practice at the University of Pennsylvania.

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Bay Area

De La Fuente Runs for Mayor

De La Fuente said he “will not tolerate homeless encampments where violence and drug abuse are rampant.” These encroachers are disrespecting our neighborhoods, our schools, our businesses, our residents, taking over our parks and defacing our city. He said the residents and businesses in our low-income flatland neighborhoods have been disproportionately affected by these encampments, and they deserve better. In collaboration with the county, we will serve our homeless residents who need it most, but not at the expense of other residents and businesses in our city.”

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Photo Caption: Ignacio De La Fuente

By Paul Cobb and news services

Ignacio De La Fuente, the former President of the Oakland City Council for 11 years, says he will run for mayor to rescue the city from its deep troubles.

He said he is returning to political leadership after a 10-year absence. Claiming that he is “sick and tired of what’s happening to our city,” and he can’t just stand by and witness “the city that I love become a place where people are afraid to walk the streets, to take their children to parks, to go out to dinner with their families or to park their cars on the street. I cannot let our city continue [to] be a place where seniors are assaulted and robbed in broad daylight, a place where illegal side-shows are constant throughout the city and a place where children are being shot and killed! ENOUGH IS ENOUGH! Oakland is not a dumping ground, and it is time to take action!”

He, along with the support of his former council colleague Nate Miley, who is now serving as an Alameda County Supervisor, and who is sponsoring a fundraiser for De La Fuente, has boldly declared that he will “do whatever it takes to increase the number of police officers, but I will give them the resources that they need to help them do their job, but above all, I will provide them the back up and political support that they need and deserve to perform their job for our residents and for our businesses.”

He said he “will not tolerate homeless encampments where violence and drug abuse are rampant.” These encroachers are disrespecting our neighborhoods, our schools, our businesses, our residents, taking over our parks and defacing our city. De La Fuente said the residents and businesses in our low-income flatland neighborhoods have been disproportionately affected by these encampments, and they deserve better. In collaboration with the county, we will serve our homeless residents who need it most, but not at the expense of other residents and businesses in our city.”

He wants to change the focus and emphasis of how the city spends its infrastructure money on what is truly needed by “repairing potholes, taking back and beautifying our parks, fixing our sewers and providing robust programming for our recreation centers and libraries to enrich the lives of our kids and seniors.”

In a characteristic fearless, colorful style that he achieved a no-nonsense reputation De La Fuente announced “The job of mayor is not for the faint of heart! Oakland is a great city that needs a mayor with the political backbone and experience to make the tough decisions to get this city back on track!

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