Automatic Expungement in Utah, and the news in criminal justice this week

“If you do everything you’re asked to do, and jump through all the hoops, there ought to be a mechanism that allows you to get your life back on track.”

With unanimous votes in both the House and Senate, Utah legislators passed House Bill 431, The Expungement Act of 2019. The bill would allow for automatic expungement of certain criminal records after a set period of five to seven years, depending on the offense. H.B. 431 is expected to be signed by Governor Gary Herbert, making Utah the second state in the country to pass automatic expungement legislation.  “When we equip individuals with the tools they need to turn their lives around,” argued former U.S. Attorney and Utahn Brett Tolman, “we are smarter and safer as a state and a country.”

“The Fair Chance Act allows qualified people with criminal records to get their foot in the door and be judged by their merit, not a past conviction.”

At a joint hearing of House Oversight and Reform subcommittees this week, lawmakers heard from the sponsors of H.R. 1076, The Fair Chance to Compete for Jobs Act. The bill would prohibit agencies and their contractors from asking about an applicant’s criminal record until a conditional offer of employment has been extended. Thirty-three states and nearly 150 cities and counties have implemented some version of ban-the-box policies. House sponsors Elijah Cummings (D-MD) and Doug Collins (R-GA) were joined at the hearing by Senate sponsors Cory Booker (D-NJ) and Ron Johnson (R-WI), as well as the Justice Action Network’s Holly Harris and Teresa Hodge, Co-Founder and CEO of R3 Score Technologies.

“This bill is a testament to finding agreement, talking through practical challenges, and raising the standard to ensure our citizens have more protections in place.”

Arkansas Senate Bill 308, which requires a criminal conviction before property can be forfeited by the state, passed unanimously in both chambers. Senator Majority Leader Bart Hester and Representative Austin McCollum championed the issue, and Governor Asa Hutchinson is expected to sign the bill into law. With his signature, Arkansas will join the ranks of states like New Mexico, Ohio, and Connecticut to dramatically restrict civil asset forfeiture. Meanwhile, in Michigan, MLive.com broke down the state police’s asset forfeiture report, detailing what was seized, how property was disposed, and how the income from assets was spent.

“It appears that the same bureaucrats that fought the First Step Act at every opportunity are trying to starve it to death through the budget process...”  

President Trump’s 2020 budget request contained $14 million for the development of pilot programs for people who are incarcerated, well short of the $75 million annual expenditure described in the First Step Act. The White House did not indicate how the administration planned to implement the law’s expansion of programs for education, career and technical training, substance abuse treatment or halfway houses. While Congress is responsible for allocating funding, and both houses have generally ignored presidential budget requests, advocates were concerned that the proposal fell short of a full-throated implementation of the law.

“It’s obviously an equity issue. They’re stuck in a vicious cycle of poverty.”

Legislators in Oregon are debating House Bill 2614, which would end the suspension of driver’s licenses for unpaid court fees and traffic tickets. The Oregon Department of Motor Vehicles issued more than 76,000 license suspensions in 2017 alone. Representative Jeff Barker, who is sponsoring the bill with House Majority Leader Jennifer Williamson, said the current system impacts those who can’t afford to pay fines, and “they get into a downward spiral that they can’t get out of.”