First-In-The-Nation Legislation Introduced to Automate Arrest And Conviction Relief
News from the Office of District Attorney George Gascón
FIRST-IN-THE-NATION LEGISLATION INTRODUCED TO AUTOMATE ARREST AND CONVICTION RELIEF
AB 1076 is a groundbreaking, comprehensive clean slate effort that leverages technology to clear records at scale by automating existing laws
SAN FRANCISCO — Today, District Attorney George Gascón and Assemblymember Phil Ting (D-San Francisco) announced the introduction of AB 1076, a revolutionary effort to efficiently automate arrest and conviction relief at the California Department of Justice. Using technology, this policy will automate the process for those who are already entitled to record clearance relief under existing laws. By eliminating barriers to successful reentry, AB 1076 will provide millions of Californians with renewed employment, housing and education opportunities.
“Millions of Californians are living in a paper prison,” said District Attorney George Gascón. “A huge number of people are entitled to relief that they’ll never realize because they have to jump through hoops to get it. The system has erected bureaucratic barriers that disproportionately impact communities of color, barriers that undermine the likelihood of successful reentry by limiting access to employment and housing. With a few key strokes California can enhance public safety and equity while reducing recidivism and taxpayer spending. AB 1076 will not only modernize our system of justice, it’s a model for the justice system.”
“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,” said Assemblymember Phil Ting (D-San Francisco), author of AB 1076.
Studies show that lack of access to employment and housing are primary factors that drive individuals to reoffend. As a result, barriers to criminal record relief reduce the likelihood of successful reentry and harm public safety. They also perpetuate the long history of disproportionate impact of the justice system on socioeconomically disadvantaged communities, and communities of color in particular.
In California, eight million residents have criminal convictions on their records hampering their ability to find work and housing, secure public benefits, or even get admitted to college. Millions more have old arrests on their record that never resulted in a conviction but remain as obstacles to employment. Nationally, it has been estimated that the U.S. loses roughly $65 billion per year in terms of gross domestic product due to employment losses among people with criminal records.
The use of criminal records in employment, housing and education decisions is pervasive. Nearly 90% of employers, 80% of landlords, and 60% of colleges screen applicants’ criminal records. The Survey of California Victims and Populations Affected by Mental Health, Substance Issues, and Convictionsfound that 76% of individuals with a criminal conviction report instability in finding a job or housing, obtaining a license, paying for fines or fees, and having health issues. A National Institute of Justice study found that having a criminal record reduced the chance of getting a job offer or callback by 50%.
Current law allows individuals to clear arrests that did not result in a conviction, and to clear convictions that are eligible for dismissal by petitioning the court. This, however, imposes a burden on affected individuals to be made aware of their eligibility and to retain an attorney to proactively file the necessary petition. As a result, less than 20% of eligible people have been estimated to obtain record clearance. Additionally, under that current petition-based record clearance model, each record costs the system $3,757, whereas an automated system costs 4 cents per record.
AB 1076 automates arrest and conviction relief for individuals already eligible under current California laws, leveraging technology to comprehensively and efficiently update criminal records that are disseminated by the California Department of Justice for employment, housing, education, and licensing purposes. Specifically, AB 1076 automatically clears records for arrests that did not result in conviction after the statute of limitations has passed, and automatically clears convictions on local sentences to probation and jail once the sentence is completed for persons who have remained crime free. This bill will not impact firearms ownership eligibility.
Most importantly, AB 1076 will not require any action from a petitioner, thereby reducing significant barriers to employment and housing opportunities for millions of Californians.