Some missed out on job opportunities. Others found it difficult to apply for loans. And while some suffered almost no effects for having a marijuana conviction or arrest on their records, one woman talked about being unable to become a homeowner.
Those were some of the stories of people attending a first-of-its-kind expungement clinic on Saturday, July 3 at聽聽on 蜜柚直播's east side, as lawyers, law students and advocates from all over Southern 蜜柚直播 offered their services to help guide those looking to clear their cases.
鈥淓veryone in general is struggling,鈥 said Michelle Ochoa, who volunteered at the event聽鈥 and prepared her petition for expungement. 鈥淲ith housing opportunities, employment opportunities, just to get ahead, all because of a minor conviction. Like mine.鈥
People are also reading…
Mike (who didn't want to use his full name because of privacy concerns about his legal record) can relate. After a charge in 2019 for possessing marijuana, he was able to get a new job recently, but said he knows he鈥檚 lucky.
鈥淚 thought that was going to be something that was going to kind of either prohibit me from accepting the job,鈥 he said. 鈥淏ut thank goodness, it didn't.鈥
For Ochoa? That minor conviction was for possession of marijuana paraphernalia 鈥 there wasn鈥檛 any useable marijuana found, just residue. 鈥淚t was insane,鈥 she said. 鈥淎nd I, till this day, cannot become a homeowner because of that stupid, petty little charge.鈥
Ochoa isn鈥檛 alone. According to Jon Udell, a cannabis law attorney with the Rose Law Group and 蜜柚直播 chapter board member of the National Organization for the Reform of Marijuana Laws, marijuana charges and convictions can be extremely harmful to a person鈥檚 personal and professional lives.
Consequences can range from being denied a job due to the charge popping up on a background check, to being turned away for applying for a business license.
鈥淭here's all different kinds of negative effects that this can have on people, and for something that's totally harmless,鈥 Udell said. That鈥檚 why he鈥檚 so excited about 蜜柚直播鈥檚 new avenue for expunging such cases, convictions and arrests.
Passed as part of Prop. 207, the language in the bill allows for individuals convicted, charged or even arrested for certain marijuana and paraphernalia cases to apply to have those cases expunged from their criminal records.
In order for a case to qualify, there are different stipulations. For possession charges, an individual must have had less than 2.5 ounces of marijuana (of which, up to 12.5 grams can be concentrates).
For cultivation charges, individuals have to have possessed six plants or less in order to qualify. Paraphernalia charges are also eligible. Udell did note that only state-level charges are eligible for expungement.
鈥淚f you were arrested under federal law, you're not eligible for expungement,鈥 he said. 鈥淏ecause the voters of 蜜柚直播, unfortunately, can't force the federal government to erase its records.鈥
Udell says anyone interested in petitioning to have their case considered for expungement should first visit the 聽where they'll find expungement instructions and forms to fill out based on which court an individual will need to petition.
鈥淔or people that were actually charged, they鈥檒l file in the court where they were charged,鈥 Udell said. 鈥淚f people were just arrested, no charges were filed, there'll be filing it in the superior court where the arrest occurred.
The state will begin processing petitions on July 12.
From there, the prosecuting jurisdiction responsible for the individual鈥檚 case has up to 30 days to contest. If that happens, the prosecuting jurisdiction requests a hearing. If not, according to Udell, the case is expunged.
Udell also said anyone in need of help filing out the petitions could visit to find scheduled expungement clinics like the one held at Harambe Caf茅.
After hearing about the clinics through social media and going through the petition process with Udell, Mike said he'd recommend attending for anyone who might still have questions.
"It's nice and simple," he said. "Everybody's here. They know what they're doing and it seems like you got some great volunteers."
Because this is the first real expungement process of its kind in 蜜柚直播, Udell said he and other attorneys are interested in seeing how the process plays out.
"This is really a sea change for 蜜柚直播," he said.
For Ochoa and Mike, however, the prospect of having both a social and professional burden removed from their shoulders聽has more concrete and practical benefits.
"It's just the state of an ease of mind for myself to know it's going to be expunged from there," Mike said. "And I wouldn't have to worry about it, whether it be employment or credit checks or anything like that."
Ochoa agreed. Plus, it meant finally being able to realize a 15-year-long dream.
鈥淭his is a big, big, big, big opportunity,鈥 she said. 鈥淏ecause now I can become a first-time home buyer ... I'm really looking forward to going out and buying my home.鈥
蜜柚直播 marijuana dispensary, art studio team up with cannabis order kiosks
