Community

S.B. Legal Aid Offers Free Expungement

PRECINCT REPORTER GROUP NEWS — It should come as no surprise that the last place most formerly incarcerated want to be is at another courthouse standing before another judge. That’s probably one reason why thousands that could have gotten expunged haven’t taken advantage of the process locally since 2014 when the expungement law opened up. Since then, Michelle Dodd has handled over 300 cases from start to finish. She takes care of the entire process, and all clients need to do is show up at the door of the Legal Aid Society of San Bernardino.

Published

5 years ago

July 23, 2019

Precinct Reporter News

By Dianne Anderson

It should come as no surprise that the last place most formerly incarcerated want to be is at another courthouse standing before another judge.

That’s probably one reason why thousands that could have gotten expunged haven’t taken advantage of the process locally since 2014 when the expungement law opened up.

Since then, Michelle Dodd has handled over 300 cases from start to finish. She takes care of the entire process, and all clients need to do is show up at the door of the Legal Aid Society of San Bernardino.

And, it’s free.

“They’re going to send you right to me. I’m going to do the paperwork, you’ll come in and sign it. You don’t ever have to see the judge or the court clerk,” said Dodd, case management director at the Legal Aid Society of San Bernardino.

Documents are sent by mail so the client doesn’t have to file. The judge hears it within 30 to 45 days when the order is denied, or approved, via the mail.

With her 90% success rate, mostly it’s approved.

Over the past few years, she has seen several clients come in that need multiple expungements. One client originally had three charges, but had snowballed into 28 parole layered charges. It was a case of violation on top of violation, on top of violation.

“The reality is that they were young. Now they’re older, and all of these are from their past. They were silly charges,” she said.

Youth get tied up in the system from an early age, and probably never learned how, or had an opportunity to clean up their past. Now that they’re older, they have a family to support and they’re trying to get a job.

Despite their checkered backgrounds, some of her clients have been able to land decent work, but she recommends not waiting until the last minute to set the record straight.

One client was up for a job at DMV, but he lost his window of opportunity because his expungement was not even close to being ready. He had to produce proof, but he didn’t realize that he needed an expungement until they notified him.

“They sent him a letter of denial that he had a charge from 23 years ago, and he needed to get it fixed,” she said. “But they only gave him ten days to clear that up before he could reapply.”

It cost him the potential job.

Others have also come in because they are trying to assist their aging parents. Decades later, they can’t pass the background check without an expungement that they didn’t realize they needed.

“They’re thinking I did two days in jail, and got 36 months of probation,” she said. “Now, it’s 20 years later and they can’t get the job because of that charge.”

Dodd, who has worked with Legal Aid nearly 24 years, said the expungement law passed in 2014, but the forms changed in 2017 to re-sentencing language that now involves several different components, including immigration.

Until the laws change, the biggest barrier even with expungement is that the formerly incarcerated still must check the box that they’ve been arrested.

“Once it’s expunged, it says dismissed instead of what the sentence was,” she said. “To get it off the record requires an entirely different motion, and character letters from people [without a] guarantee that’s going through either.”

However, there may be some encouraging changes on the horizon for low-level offenders that have been locked out of jobs, housing or education because of their arrest record.

AB 1076 wants to seal the conviction database of eight million records from public view, but it will be open for certain law enforcement agencies. To pass, it needs to clear both Democratically-controlled houses before heading to Gov. Gavin Newsom to sign or veto in September. If passed, the law would take effect in January, 2021.

“That’s the change we need,” Dodd said.

Assemblymember Phil Ting (D-San Francisco), author of AB 1076, states on his website that the process of automating arrest and conviction relief at the California Department of Justice is the first of its kind.

“Everybody deserves a second chance. We must open doors for those facing housing and employment barriers and use available technology to clear arrest and criminal records for individuals already eligible for relief. There is a great cost to our economy and society when we shut out job-seeking workers looking for a better future,” Ting stated.

According to www.timedone.org, a campaign of the Alliance for Safety and Justice, one-fifth of the 70 million Americans convicted of a crime still struggle with barriers to access jobs, housing, education long after they have served their time.

“The negative impacts of a felony conviction disproportionately impact people of color, people living in urban areas, people without a college degree, and people who are low income. The largest disparities relate to finding a job or housing,” Californians for Safety and Justice reports. “ People of color are 25% more likely than white people to report difficulty finding a job and 61% more likely to report difficulty finding housing.”

For more information on clinic times and document preparation, see http://legalaidofsb.org/

Precinct Reporter News

Posts by Precinct Reporter News

Up Next

‘Mindful Beauty’ health program to launch in salons

Don't Miss

Verniecia Green-Jordan Builds Family/Perris Legacy

Precinct Reporter News

Click to comment

Alameda County

DA Pamela Price Stands by Mom Who Lost Son to Gun Violence in Oakland

Last week, The Post published a photo showing Alameda County District Attorney Pamela Price with Carol Jones, whose son, Patrick DeMarco Scott, was gunned down by an unknown assailant in 2018.

Published

3 days ago

April 22, 2024

Oakland Post

District Attorney Pamela Price with Carol Jones

Publisher’s note: Last week, The Post published a photo showing Alameda County District Attorney Pamela Price with Carol Jones, whose son, Patrick DeMarco Scott, was gunned down by an unknown assailant in 2018. The photo was too small for readers to see where the women were and what they were doing. Here we show Price and Jones as they complete a walk in memory of Scott. For more information and to contribute, please contact Carol Jones at 510-978-5517 at morefoundation.help@gmail.com. Courtesy photo.

Oakland Post

Posts by Oakland Post

City Government

Vallejo Welcomes Interim City Manager Beverli Marshall

At Tuesday night’s Council meeting, the Vallejo City Council appointed Beverli Marshall as the interim city manager. Her tenure in the City Manager’s Office began today, Wednesday, April 10. Mayor Robert McConnell praised Marshall’s extensive background, noting her “wide breadth of experience in many areas that will assist the City and its citizens in understanding the complexity of the many issues that must be solved” in Vallejo.

Published

3 days ago

April 22, 2024

Oakland Post

Beverli Marshall began her first day with the City on April 10. ICMA image.

Special to The Post

At Tuesday night’s Council meeting, the Vallejo City Council appointed Beverli Marshall as the interim city manager. Her tenure in the City Manager’s Office began today, Wednesday, April 10.

Mayor Robert McConnell praised Marshall’s extensive background, noting her “wide breadth of experience in many areas that will assist the City and its citizens in understanding the complexity of the many issues that must be solved” in Vallejo.

Current City Manager Michael Malone, whose official departure is slated for April 18, expressed his well wishes. “I wish the City of Vallejo and Interim City Manager Marshall all the best in moving forward on the progress we’ve made to improve service to residents.” Malone expressed his hope that the staff and Council will work closely with ICM Marshall to “ensure success and prosperity for the City.”

According to the Vallejo Sun, Malone stepped into the role of interim city manager in 2021 and became permanent in 2022. Previously, Malone served as the city’s water director and decided to retire from city service e at the end of his contract which is April 18.

“I hope the excellent work of City staff will continue for years to come in Vallejo,” he said. “However, recent developments have led me to this decision to announce my retirement.”

When Malone was appointed, Vallejo was awash in scandals involving the housing division and the police department. A third of the city’s jobs went unfilled during most of his tenure, making for a rocky road for getting things done, the Vallejo Sun reported.

At last night’s council meeting, McConnell explained the selection process, highlighting the council’s confidence in achieving positive outcomes through a collaborative effort, and said this afternoon, “The Council is confident that by working closely together, positive results will be obtained.”

While the search for a permanent city manager is ongoing, an announcement is expected in the coming months.

On behalf of the City Council, Mayor McConnell extended gratitude to the staff, citizen groups, and recruitment firm.

“The Council wishes to thank the staff, the citizens’ group, and the recruitment firm for their diligent work and careful consideration for the selection of what is possibly the most important decision a Council can make on behalf of the betterment of our City,” McConnell said.

The Vallejo Sun contributed to this report.

Oakland Post

Posts by Oakland Post

City Government

Vallejo Community Members Appeal Major Use Permit for ELITE Charter School Expansion

Vallejo community members, former Solano County judge Paul Beeman and his wife Donna Beeman, filed an appeal against the approval of the Major Use Permit for the expansion of ELITE Public Schools into downtown less than two weeks after the Planning Commission approved the permit with a 6-1 vote.

Published

3 days ago

April 22, 2024

Oakland Post

Vallejo community members have appealed the Major Use Permit for the ELITE Public Schools Charter high school expansion in the downtown area. Photo by Kinyon and Kim Architects, Inc.

By Magaly Muñoz

ELITE Charter School has been attempting to move into the downtown Vallejo area at 241-255 Georgia Street for two years, aiming to increase its capacity for high school students. However, a small group of residents and business owners, most notably the Beeman’s, have opposed the move.

The former county judge and his wife’s appeal alleges inaccuracies in the city’s staff report and presentation, and concerns about the project’s exemption from the California Environmental Quality Act (CEQA).

The Beeman’s stress that their opposition is not based on the charter or the people associated with it but solely on land use issues and potential impact on their business, which is located directly next to the proposed school location.

The couple have been vocal in their opposition to the expansion charter school with records of this going back to spring of last year, stating that the arrival of the 400 students in downtown will create a nuisance to those in the area.

During the Planning Commission meeting, Mr. Beeman asked Commissioner Cohen-Thompson to recuse herself from voting citing a possible conflict of interest because she had voted to approve the school’s expansion as trustee of the Solano County Board of Education. However, Cohen-Thompson and City Attorney Laura Zagaroli maintained that her positions did not create a conflict.

“I feel 100% that the attorney’s opinion is wrong,” Beeman told the Post.

He believes that Cohen-Thompson has a vested interest in upholding her earlier vote as a trustee and is advocating for people to ratify her opinion.

Cohen-Thompson declined to comment on the Post’s story and Zagaroli did not respond for comment.

The Beeman’s further argue that the school’s presence in the commercial district could deter future businesses, including those who sell alcohol due to proximity to schools.

According to Alcohol Beverage Control (ABC), the department can deny any retail license located within 600 feet of a school. Only one alcohol selling business is located within that range, which is Bambino’s Italian restaurant at 300 feet from the proposed location.

The project’s proponents argue that the school would not affect current or future liquor-selling establishments as long as they follow the ABC agency’s guidelines.

The Beeman’s also referenced Vallejo’s General Plan 2040, stating that the proposed expansion does not align with the plan’s revitalization efforts or arts and entertainment use. They argue that such a development should focus on vacant and underutilized areas, in accordance with the plan.

The proposed location, 241 Georgia Street aligns with this plan and is a two minute walk from the Vallejo Transit Center.

The General Plan emphasizes activating the downtown with, “Workers, residents, and students activate the downtown area seven days a week, providing a critical mass to support a ‘cafe culture’ and technology access, sparking innovation and entrepreneurship.”

City staff recommended exempting the project from CEQA, citing negligible impacts. However, Beeman raised concerns about increased foot traffic potentially exacerbating existing issues like theft and the lack of police presence downtown. He shared that he’s had a few encounters with kids running around his office building and disturbing his work.

Tara Beasley-Stansberry, a Planning Commissioner and owner of Noonie’s Place, told the Post that the arrival of students in downtown can mean not only opportunities for surrounding businesses, but can allow for students to find their first jobs and continue to give back to the community in revitalization efforts.

Beasley-Stansberry had advocated for the students at the March Commission meeting, sharing disappointment in the way that community members spoke negatively of the teens.

“To characterize these children as criminals before they’ve even graduated from high school, that’s when I had to really take a look and I was kind of lost as to where we were as a city and as a community to where I couldn’t understand how we were viewing these children,” Beasley-Stansberry told the Post.

She added that the commissioners who voted yes on the project location have to do what is right for the community and that the city’s purpose is not all about generating businesses.

ELITE CEO Dr. Ramona Bishop, told the Post that they have worked with the city and responded to all questions and concerns from the appropriate departments. She claimed ELITE has one of the fastest growing schools in the county with mostly Vallejo residents.

“We have motivated college-bound high school students who deserve this downtown location designed just for them,” Bishop said. “We look forward to occupying our new [location] in the fall of 2024 and ask the Vallejo City Council to uphold their Planning Commission vote without delay.”

The Vallejo City Council will make the final decision about the project location and Major Use Permit on April 23.