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1. Clean slate bill michigan effective date full#
2. Clean slate bill michigan effective date code#
3. Clean slate bill michigan effective date free#

Some do not charge while others charge between thirty- and two-hundred-and-forty dollars per conviction. 7 The filing fees for criminal expungement vary by county in California.

Clean slate bill michigan effective date code#

6 To secure an expungement for a conviction prior to January 1, 2021, an offender must take action because under California Penal Code § 1203.4, a defendant in a criminal case must petition the court for expungement. In California, expungement functions to release an offender from the “penalties and disabilities” of their past conviction(s). “No oppression is so heavy or lasting as that which is inflicted by the perversion and exorbitance of legal authority” Specifically, it advocates for placing the burden on the state (via district attorneys) to oppose the automatic expungement of all eligible arrests and convictions which occurred prior to January 1, 2021. Section IV then advocates for the State of California expanding the approach analyzed in Section III to all cases eligible for expungement. Section III then discusses past California legislation that inspired much of the state to automate the expungement of past marijuana convictions. In support of this proposal, Section II will provide the necessary foundation for the reader by briefly discussing the current expungement processes and relevant laws in California.

Clean slate bill michigan effective date full#

This argument is in line with “ne of the bedrock principles of the criminal justice system” which provides that “with limited exceptions, offenders return to society as full members with all rights and privileges restored after their punishment is completed.” 5 Thus, this Article argues that the burden should not be placed on the individual to petition the court and district attorney for expungement, but rather that the burden should be on the state to automatically expunge all eligible criminal records, even those prior to January 1, 2021, and that district attorneys must be required to challenge expungement in particular cases by a set date as was the procedure with automatic marijuana expungement. 4 Besides, even if an offender knows how the expungement process works, he or she may not be able to afford the associated monetary or time costs with filing a petition for expungement for each of his or her convictions. For instance, there is a knowledge barrier because, like most legal processes, expungement is not exactly a simple process for the common person. To expunge is to “erase or destroy.” 2 For offenders who have completed their sentences, this erasing can open opportunities and give them “a fair shot at a better future.” 3 Yet sadly, regardless of whether one is eligible to have their record expunged, there exist barriers both mental and physical for many. 1 One avenue for un-branding oneself is expungement. Having a criminal record, when looking for an apartment or job, is often like being branded with a scarlet letter. This Article argues AB 2978, which extends the retroactive procedure used in marijuana convictions to all convictions eligible for expungement, should be passed. Health & Safety Code § 11361.9) applied to all past convictions and not only those after a specified future date. Furthermore, California, in effect, has already done this in regard to past marijuana convictions as automatic expungement under AB 1793 (Cal.

Clean slate bill michigan effective date free#

This will not only help free up legal-aid clinics’ time for the most complicated cases, but it will also benefit the judicial economy. This Article argues that California should embrace the Clean Slate Initiative not just for convictions and arrests after Janubut work to automatically expunge all eligible criminal records that currently reside in the state’s criminal record databases. AbstractĮxpungement has become an onerous process for individuals when it should be a burden placed on the state. Second place winner of the third annual law student writing competition. Automating Expungement Should Be Provided For All Eligible Convictions Prior To Januin Californiaīy Kayley Berger, UC Irvine School of Law