Issues
Limited Eligibility
The rules governing who has access to record sealing (aka nondisclosure) are complicated and exclusionary.
The charges faced, the outcome of the case, what, if any, specialty courts the case went through, and how long it has been, all affect whether a person is eligible for relief from discrimination.
Expand eligibility to criminal record sealing and shorten wait times so that more people can apply for jobs, housing, education and more without their criminal record hanging over them.
Inaccessible Process
Even for those eligible for criminal record nondisclosure, it's not easy to apply or receive relief.
Given the lengthy wait time before most become eligible, most people don’t know they’re eligible or how to go about applying, and they no longer have legal representation to walk them through it.
Those that apply often must pay fines and fees that create an additional burden to receiving relief – even when eligible for what’s deemed “automatic” relief today.
Automate the process of sealing criminal records as much as possible for as many people as possible as soon as they become eligible. This means end the requirements for people to apply, pay fees or get judicial or prosecutorial approval. And where approval is deemed necessary, give judges and prosecutors a set time to object before the process completes automatically.
Problems and Solutions
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