Assembly Bill 1076: Expungement of a Conviction

Law Office of Katie Walsh — Fri, 18 Oct 2019 20:38:00 GMT

At the Law Offices of Katie Walsh, we help our clients clean up their criminal records. Each case is unique, but it is often possible to have an expungement of a conviction after successfully finishing probation. In some cases, an expunged conviction allows people to honestly answer “no” to questions on applications that deal with their criminal history.

Historically, Californians would require the assistance of an attorney to request that their conviction be expunged. Said lawyer would petition the courts to that end and hopefully achieve a favorable outcome.

It’s worth noting that not all convictions are eligible to have their criminal records cleaned up. For instance, people convicted of sex crimes are exempt. However, those found guilty low-level offenses have an excellent opportunity at petitioning the courts for an expungement of a conviction. It’s a process; but, it’s worth it when you consider how a criminal record can affect employment and housing prospects.

The process of expungement will undergo some changes soon, thanks to a new law signed by Governor Gavin Newsom earlier this month.

Assembly Bill 1076 Criminal Records: Automatic Relief

Reforming California’s criminal justice system is a chief priority among lawmakers. In recent years, many laws have been passed to end draconian policies; we’ve written about several reforms on this blog.

In May, we discussed a piece of legislation that would make getting one’s conviction expunged less challenging. Assembly Bill 1076 Criminal Records: Automatic Relief by Assemblymember Phil Ting (D-San Francisco) was signed by Governor Newsom on October 8, 2019, according to Mojave Desert News. AB 1076 was one of 25 bills meant to reform the criminal justice system.

The passing of AB 1076 creates an automated record clearance system for qualifying low-level offenses, according to the article. Those who qualify will be able to seal their records without having first to petition the court. The automated record clearance system will apply to individuals arrested or convicted after January 1, 2021. People with any pending criminal charges will be excluded from the new policy.

“People shouldn’t have to pay for their mistakes for the rest of their lives. A fresh start improves an individual’s chances of succeeding and reduces the likelihood of recidivism. Automating the record clearance process will enable former offenders to get back on their feet and lead productive lives,” said Assemblymember Ting. “Our economy and society pay the price when job-seeking workers are shut out.”

Cleaning Up Your Criminal Record

It will be a while before the automated system is up running; in the meantime, please contact The Law Offices of Katie Walsh if you would like to clean up your criminal record. Attorney Walsh can help you petition the court for an expungement of a conviction or a certificate of rehabilitation.

At-Risk Youth Medicaid Protection Act

Law Office of Katie Walsh — Thu, 01 Nov 2018 20:19:00 GMT

If you have been keeping up on the news related to the American opioid addiction epidemic plaguing the United States, then you are likely aware of the SUPPORT for Patients and Communities Act. The new legislation – recently signed into law by the current administration – aims to address several aspects of the public health crisis we face. The SUPPORT Act isn’t just one bill; it is instead a package of measures each specific to one point of the issue or another; seventy unique bills in total

Some of the SUPPORT Act’s more notable features include channeling more funds to expand access to addiction treatment, prevent overprescribing, and training law enforcement to be more effective at intercepting fentanyl shipments. Other provisions involve improving care and support for substance-exposed babies and their mothers and expanding an existing program to train more first responders to carry and use the overdose reversal drug Narcan.

Those keeping themselves apprised of news relating to the epidemic know that there isn’t a demographic who has been untouched by the scourge of opioid use. Sadly, for a significant number of teenagers and young adults, many of whom come from dysfunctional homes, support is a scarce and they are in the grips of addiction. Moreover, like adults, young people face the risk of arrest and spending time in juvenile detention facilities.

The At-Risk Youth Medicaid Protection Act

Upon release from detention, young people often lack the support necessary to foster lasting recovery. Without assistance, the likelihood of recidivism is exceedingly high. What’s more, those same young people find that they have lost Medicaid as a result of their arrest and conviction, and no longer have a means of covering the cost of physical and mental healthcare professionals.

The At-Risk Youth Medicaid Protection Act, reintroduced by U.S. Senator Cory Booker (D-N.J.) and U.S. Senator Chris Murphy (D-Conn.), orders state Medicaid programs to suspend, not terminate, a juvenile’s coverage when he or she is in custody. Congressman Tony Cárdenas (D-CA) and Rep. Morgan Griffith (R-VA) led an effort in the House of Representatives to include the bill in the SUPPORT for Patients and Communities Act, ensuring that children who serve time in the juvenile justice system continue to receive health care coverage and treatments during and after their release from custody. Cárdenas writes:

“The At-Risk Youth Medicaid Protection Act will keep young American Medicaid recipients from being permanently kicked off their healthcare if they come into contact with the criminal justice system. Right now, these young people suffer greatly when they return home to find they can no longer see their doctor, especially if they are recovering from addiction. This law will end this practice, which will help the children, their families and the communities where they live.”

Orange County Juvenile Defense Attorney