Rubicon's legal team helps our participants with legal assistance on a wide range of issues to equip them to remove barriers that may stand in their way.

This question and answer series – “In Furtherance of Justice” - with Rubicon's staff attorneys explores the many intersections between the law and breaking the cycle of poverty. This week, we talked with one of Rubicon’s Attorneys, Sarah Williams, about Proposition 64, which legalized Marijuana in the State of California in 2016. 

 

Q: What is the history of marijuana legalization in California?

A: Medical marijuana first became legal back in the 90s in California. As time went on, California essentially decriminalized marijuana–law enforcement no longer was arresting people for using and possessing marijuana. Instead, they wrote tickets. The problem was that even this was pretty unfairly enforced, and it’s no surprise that the people who were predominantly getting ticketed were people of color. As the move toward legalization for recreational use gained traction, there actually was push back – not because many people wanted to see harsher punishments for use, but because they didn’t see a need for formal legislation. In affluent communities people just were not being policed for marijuana use.

 

Q: Was Proposition 64 the first attempt at legalization?

A:  Prop 215 was passed in 1996. It legalized medical marijuana. We were the first state to pass that kind of legislation. In 2010, Governor Schwarzenegger signed legislation reducing possession of marijuana from a criminal misdemeanor to a civil infraction – decriminalization.  In that same year, we voted on Prop 19, which would have legalized recreational marijuana use, but it was voted down.

 

Q: So on January 1, 2018, did it become legal to buy and use marijuana anywhere?

A: On November 9, 2016, the day after California voted on Prop 64, it became legal to possess, use or obtain no more than an ounce of marijuana. The parts of the law that impact setting up dispensaries and legally selling it weren’t figured out until January 1, 2018.

 

Q: Practically, what does this mean for the average person who tries to buy marijuana?

A: It means someone can give it to you, and you can legally possess it no matter where you got it, but you can only legally buy it from a licensed dispensary.  

 

Q: How do you police this?

A: It’s tricky!  The person selling it is guilty of a misdemeanor, even though it is totally legal to obtain and use marijuana recreationally.

 

Q: Does this still put a bigger burden or risk on less affluent communities and communities of color?

A: It does. There are plenty of hurdles to get a license to own a dispensary. If you have a criminal record, it’s pretty much impossible to legally sell the thing that you were cited for selling in the first place. There are many separate conversations happening in California on how to allow people of color and communities who have been selling to actually benefit from this legislation. It’s also challenging because marijuana conglomerates are already forming and taking over the industry.

 

Q: For the average Rubicon participant today, what does this legislation mean? What is the impact going forward?

A: Well, you’re still not legally allowed to just smoke on the street, but it does take away this thing that was hanging over people’s heads. If, for example, someone gets pulled over by the cops and they smell marijuana, that alone is no longer probable cause to search the car. You can’t smoke while you’re driving or drive high – that’s the same as a DUI – but lots of peoples’ cars smell like marijuana. Also, if an officer performs a stop-and-frisk and finds marijuana on you, as long as it’s within the limits of possession, it’s fine.  

This legislation is also very similar to Prop 47 in that if you have a marijuana possession conviction, you can file paperwork with the court and it is not a conviction any more, or if you have a sales conviction you can go back, file paperwork and have it reduced to a misdemeanor. It’s not discretionary, the judge must grant the dismissal or felony reduction, but you do have to file the paperwork. Public Defenders are doing that paperwork for people, and it helps if there is a pendingcriminal case. If you no longer have a felony and you get convicted, your sentencing is going to be different. It can really change things for people.

 

Q: What do you think is the next piece of legislation that will make a huge impact for Rubicon participants?

A: Bail reform. I can’t tell you how many people who have sat here and said to me, “I just pled guilty, or no contest, because I just needed to get out of jail.” Your trial is supposed to happen quickly, but most people “waive time” to give their attorney time to actually prepare for the case, and during that time, if you can’t afford bail, you’re just sitting in jail. Often if you need to get out, you just plead to something. Maybe you didn’t do it, or maybe you know there isn’t enough evidence for conviction, but you do it anyways because you just want to move on with your life.

The problem is that many people don’t realize all of the collateral consequences of having that conviction on their record – in the moment, it’s just about getting out of jail. To me, bail reform is the holy grail of where we’re going with our criminal justice reform in California, because without it, these other laws are just not enough.

Lear more about bail reform or donate today to support our work.

Rubicon's legal team helps our participants with a wide variety of legal assistance to equip them to remove barriers that may stand in their way of achieving their long-term goals. This question and answer series with Rubicon's staff attorneys explores the many intersections between breaking the cycle of poverty and the law.

This week, In Furtherance of Justice, talks to Rubicon attorney, Sarah Williams, about Clean Slate Day 2017. 

Wiping the Slate Clean

What is Clean Slate Day?

Clean Slate events help people with criminal records access expungements and felony reductions which in turn remove barriers to employment and housing.  Rubicon has been involved in organizing Clean Slate events in Contra Costa County since 2011. What was special about the last two Clean Slate Days, including the most recent one held this past April, was that we were actually able to convene court.  Unlike past events where we've met with people and explained their rights and the process of getting records expunged, we now have an official court proceeding with a judge granting expungements. 

In 2017, we also served more people than ever; 320 people had more than 1,000 cases expunged. To put it in perspective, more cases were cleared in a single day than what is typical for a whole year. To go through the process as an individual, the process can take anywhere from six to nine months. 

 

What does it mean to have a record expunged? 

Having your record expunged gives you the legal right to say, “No,” when asked if you have a criminal background on a job or housing application. In California, an expungement does not take the conviction off the record, but it really clears the way for people with conviction histories to find employment and housing. 

In California expungement is available to a lot of cases. As long as the sentence for a conviction does not include state prison, it is eligible for expungement. As our state is moving further away from sending people to prison and toward shorter sentences in county jail, more people will be eligible for this life-changing remedy. 

 

What role do community partnerships play in pulling off an event of this scale?

A lot of credit goes to Judge Diana Becton who was the person who initially approached the Public Defender’s office in 2016 to make our Clean Slate events more than information sessions. She wanted to do something in conjunction with her church at Easter, and actually hold court. These are inspirational events for both the participants and the community.

The District Attorney’s office was also involved in approving cases to be expunged. Rubicon also played a big role in the planning for the event because we actually have a great deal of experience running Clean Slate events. We also worked closely with the county Reentry Coordinator, Bay Area Legal Aid, Safe Return Project, and the Reentry Success Center. The Public Defender’s office was responsible for the lion’s share of the work, and really went into overdrive to approve hundreds of cases to present to the District Attorney.

 

What do Rubicon attorneys do for Clean Slate Day?

We help with logistics, we get the word out about the event, and this year we helped bring in the Department of Child Support Services as a partner to have somebody to check people's cases and answer questions.  Of course, a lot of our responsibility is just making sure that our Rubicon participants are able to access the services. I think it’s really helpful for our participants to have people actively thinking about legal remedies that will help them find stable employment, and housing. We are also there on the day of the event to support our participants and to be available to provide information and referrals for the many walk-ins who come to the event.

 

What impact does having their record expunged have on Rubicon participants? 

Having cases expunged opens up employment and housing doors, but it can also make people feel better, freer. It is a really concrete way that they can move away from their past mistakes and finally feel that they have been forgiven. Our participants say all the time that they did their time and want to move on, but in reality that's not what happens.  There are all these collateral consequences to having a conviction; being kept out of employment, being kept out of housing, not being able to go to school. I think, too, that standing in front of the judge, and hearing her say, " Congratulations, good job," as opposed to sentencing you to jail -  that's priceless. It's like official forgiveness.

Events like Clean Slate Day are so important because they help people get a second chance without having to jump through a million hoops. Even if you're trying to do everything right, you just encounter roadblock after roadblock. An event like Clean Slate can allow so many more people to access this remedy that can positively change their lives. Expungement doesn't change the past or lessen the consequences of a crime, it is about making it easier to reintegrate into society.  

One Rubicon participant actually had nine different cases expunged at the event. He had an extensive RAP sheet and had been getting in trouble for over 15 years. But now he is in recovery and is on the right track. He came with a whole cheering section and sat through the entire day, watching and supporting as the people around him have their convictions expunged and their felonies reduced. With these expungements he is well on his way to moving beyond his past mistakes and being able to work full-time to support his family.

Could changes at the federal level impact future Clean Slate Days?

Most criminal law is state law, and while there are federal prisons and crimes, it's not that common. California has really been moving in the right direction toward criminal justice reform with legislation like AB 109 and Prop 47, which took a bunch of low level felonies and reclassified them as misdemeanor, Prop 57 that helps people get out of prison faster. I actually think that as we see more regressive action at the federal level, we will see a bigger push toward reform and social justice at the state level. 

Rubicon's legal team helps our participants with a wide variety of legal assistance to equip them to remove barriers that may stand in their way of achieving their long-term goals. This question and answer series with Rubicon's staff attorneys explores the many intersections between breaking the cycle of poverty and the law.

This week, In Furtherance of Justice, talks to Rubicon attorney, Pat Kaspar, about the impact that a driver's license makes for someone trying to break the cycle of poverty.  

Small Document, Big Impact

Why are suspended licenses such a pervasive problem for Rubicon participants?

It's pretty simple; almost all of our program participants are low-income, and traffic tickets are expensive. There is a small window of time in which to pay your fine, and if you miss it, the amounts increase quickly. It's much easier to pay a ticket if you don't have to weigh it against food and lodging. 

The system is also confusing and hard to navigate. The notices are confusing to everyone! Many of our participants do not understand what their options are, and if they do, they might not be comfortable asserting themselves. Many of our participants have had uncomfortable experiences with courts for a lot of reasons. 

Ultimately, poverty should not be the reason that people are not able to drive. 

If someone isn’t trying to get a job as a driver, is a suspended license really that big of a deal?

Many non-driving jobs require a driver's license. Many employers, for example, don't want you taking the bus if you need to get to a meeting. It is also much easier to look for work when you can drive. Many low-income communities are undeserved by public transportation, and not driving can significantly limit a job search. The activities of daily living like shopping, medical appointments, and childcare are also much easier when you have a license. 

What role does Rubicon’s legal team play in helping participants reinstate their licenses?

The first thing that we do is talk to the participant to find out how they lost their license in the first place. It’s helpful to understand the whole story to help figure out the best solution. The delight of this job is building trust with your client; this can take time and patience.  

Depending on the circumstances, we might be able to utilize the Amnesty Program, have a large portion of the fine waived, or set up a payment plan to help them get their license back quickly. Unfortunately, the Amnesty program is ending March 31, 2017.   Contra Costa and Alameda County also have Homeless Courts that help people get certain fees and fines forgiven. The Court experience can also be incredibly positive and affirming. As part of the process, we work closely with other Rubicon staff, advocate for reasonable payment schedules, and represent our clients in court.  Additionally, people can lose their licenses, for example, because of child support obligations or the need to complete a court-ordered DUI class.  We can help identify these situations and offer suggestions on resolving the matter.

How is the legal community working to change how fees, fines, and suspensions are handled?

It's an issue that the whole community is aware of, and we know that the problem of unpaid tickets leading to suspensions is a particular hardship for low income people. Our legal team has participated in the Contra Costa Traffic Work Group. Part of our work advocated for making traffic court more accessible. We provided feedback to the courts on traffic violation forms, for example, to make them easier to understand for our clients. Rubicon is also lead plaintiff in a lawsuit filed against Solano County to change the practice of using license suspension as a way of collecting unpaid fines. 

The work of changing the way U.S. courts approach this issue is happening across the country. There is a solid connection being made between how fees are assessed and their impact on low-income communities. A great resource to understand the problem is Not Just a Ferguson Problem, a report by the Lawyers’ Committee for Civil Rights of the SF Bay Area that illustrates the issues and provides potential solutions.