| 1. |
During the Jobs Skills Assessment conducted after Orientation (or at the next contact with the participants for those who already went through Orientation), Case Managers will request information from participants who have a criminal record. All participants acknowledging criminal backgrounds will be provided with a screening package which they may complete (voluntarily). They will also receive information on how to obtain a copy of their Criminal History Record (rap sheet), including how to obtain a fee waiver. If they are interested in attending an expungement workshop, they will be referred either to one of the agencies currently providing such no-cost assistance to our participants or to an in-house workshop. |
| 2. |
Case Managers will encourage participants to obtain their rap sheet. If the participants are interested, the Case Managers will assist them as follows:
-- Issue funds ($8 to $15) under Tools, if requested by participant, to obtain a fingerprint card as
indicated in the respective section in the Expungement Handbook.
-- Give participant a return appointment two weeks later to bring his/her fingerprint card to you.
-- At the return appointment, assist participant in completing his/her application for a rap sheet,
and his/her application for the corresponding fee waiver.
-- Prepare a letter (form attached) to verify that the participant is a General Relief recipient.
-- Mail all documents as indicated in the handbook.
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| 3. |
Provide participants with information regarding what crimes can be expunged, the criteria to qualify for expungement, which forms need to be completed, where to file for expungement, etc. All this information is contained in Clearing Your Adult Criminal Record in California guidelines distributed to staff. This can be done individually or participants can be referred to a workshop, either in-house or at one of the agencies from the list in the handbook. |
| 4. |
Those participants who appear to qualify for expungement will be encouraged to file for it as soon as possible, as this will increase their opportunities for finding employment. |
| 5. |
Since filing for expungement is not mandatory, those participants who opt out will be marked as "declined to file" in the Expungement Referral Report. No other action will be needed in such cases. |
| 6. |
Case Managers will assist participants who agree to file for expungement in completing their petitions, obtaining an authorization for release of information (see attached cover letter), for follow-up purposes, when appropriate. Case Managers will use the GROW site's address as the return address on these petitions, so the results are sent back directly to the Case Manager. The Case Manager will provide a copy to the participant upon receipt. This information will be documented in the GROW case record. |
| 7. |
If the participant does not want the results to be mailed to the GROW site but directly to him/her, attach a standard cover letter (attached) requesting a copy of the results be mailed to DPSS as well. |
| 8. |
Case Managers will schedule participants to return 70 calendar days after the filing date to provide a copy of the response (if the results were sent back to the Case Manager, he/she will provide a copy of these results to the participant at this appointment). |
| 9. |
During the return appointment, the Case Managers will find out from the participant whether the expungement was granted, or if the participant was ineligible for expungement, or if the case is still pending. On pending cases, the Case Manager should determine whether there is anything else he/she can do to further assist the participant with the process in order to expedite it. Case Managers will follow up on the outcomes by providing participants with periodic appointments every 30 calendar days until the participant obtains the results, or until the case is terminated. |
| 10. |
Another option, in order to follow-up on the participants' expungement petitions, will be for the GROW site to contact directly the courts to find out if the expungement was granted to their participants (most courthouses will provide this information to the public and each courthouse will be able to give you the estimated time for the processing of expungement petitions at that particular courthouse). GROW sites should designate an expungement liaison who will be responsible to make the telephone contacts on all pending expungement petitions at the site for this purpose. |
| 11 |
Expungement liaisons will similarly contact out-of-county courts to obtain information on expungement petitions filed in other counties by their participants, when appropriate. |
| 12. |
All the information on expungement results will be recorded in the Expungement Results Report form contained in the handbook (an automated report will be available in the near future) and in the GROW case record. |
| 13. |
GROW sites will provide a manual count of the number of participants who report that they were able to get their records expunged every month. This report is due on the 5th calendar day following the report month (this report is in the process of automation). |
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14.
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Case Managers and/or Job Developers will find out from all participants who report employment, whether they had criminal records which were expunged. A list of the participants who meet this criteria will be reported to GROW Program on the 5th calendar day of the month following the report month (this report will be automated in the near future).
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15.
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Case Managers will set controls to assist participants to resubmit expungement petitions for those who submitted them too early (before they met the criteria for expungement).
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| 16. |
Case Managers will refer participants who appear to qualify for a Certificate of Rehabilitation to the Public Defender as outlined in the Expungement Handbook. A report on the participants who are referred to the Public Defender will be provided to GROW Program (included in the Expungement Results report). Case Managers will find out information regarding the application for a Certificate of Rehabilitation during future contacts with the participants for other purposes (ICMs, CMAs, etc.). |
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