NEW
LONG-FORM
REPORTING
FROM
% THE WISCONSIN
CENTER
FOR
% INVESTIGATIVE
JOURNALISM
LOOKS
% AT A PROPOSAL
TO
EXPUNGE SOME
% NONVIOLENT CRIMINAL
RECORDS.
% PROPONENTS
OF A
BIPARTISAN
% LEGISLATIVE
BILL
SAY
SUCH A
LAW
% CHANGE
WOULD
HEL
P
PEOPLE
WITH
% PAST
RECORDS
FOR
SUCH
THINGS
A
S
% MARIJUANA POSSESSION
GET
JOBS
OR
% PROFESSIONAL
LICENSES, FOR
% EXAMPLE.
% LEGAL
ACTION
OF
WISCONSIN
SAYS
% MARIJUANA
EXPUNGEMENTS COULD BE
% ESPECIALLY IMPORTANT
FOR
THOSE% WHO WERE
CONVICTED
DECADES
AGO,
% WHEN
FIRST-TIME
EVEN
MINOR
% POSSESSION WAS
CHARGED
AS A
% FELONY.
% HERE
TO
TALK
WITH
US,
SUSAN
LUND
% FROM LEGAL ACTION OF
WISCONSIN,% FROM
MILWAUKEE.% >>
THANKS
FOR
HAVING
ME.
% >>
HOW
HARD IS
IT
CURRENTLY
IN
% WISCONSIN TO GET
SUC
H
CRIMINAL
% RECORDS
EXPUNGED?
% >>
WELL,
PEOPLE
CALL
LEGAL
% ACTION
EVERY
DAY
SEEKING
ACCESS
% TO
EXPUNGEMENT.
% AND WHEN
WE
TAKE
THOSE
CALLS,
% OFTENTIMES THEY ARE TRYING
TO
% MOVE
FORWARD,
RIGHT, TO
HAVE
% ACCESS
TO
EDUCATION, SAFE
AND
% STABLE
HOUSING,
FINDING
% FAMILY-SUSTAINING WORK.
% AND WHAT WE
HAVE
TO
TELL A
LOT
% OF THEM
IS
THAT
THEY
DON'T
% QUALIFY TO
PETITION
FOR
% EXPUNGEMENT BECAUSE
OF
TWO
MAIN
% ASPECTS
OF
OUR
CURRENT
LAW.
% THE
FIRST
ONE IS
THAT YOU
HAVE% TO
HAVE
BEEN
UNDER
THE
AGE
OF
25% AT THE
TIME OF
THE
COMMISSION OF
% THE
OFFENSE
TO
QUALIFY
TO
% PETITION FOR
EXPUNGEMENT.
% AND
THE
SECOND
ASPECT
IS A
% PRETTY
UNUSUAL
PROCEDURAL% REQUIREMENT THAT
THE
INDIVIDUAL
% HAS TO
HAVE
EXPUNGEMENT
GRANTED% AT THE
TIME
OF
SENTENCING IN
% ORDER
TO
QUALIFY.
% SO THAT
IS
VERY
LIMITING.% >>
YEAH.
% BOTH
THOSE
RULES
SEEM
UNUSUAL
TO
% ME,
BUT,
YOU
KNOW,
WHO
KNOWS% WHAT WAS
GOING
ON
WHEN
THEY
% WROTE THOSE
LAWS.
% BUT WHAT DOES
IT
MEAN
FOR A
% RECORD TO
BE
EXPUNGED?
% >> THE
PRACTICAL
IMPACT
OF
% HAVING A A
RECORD
EXPUNGED WOULD
% MEAN
THAT
THE
COURT
REMOVES
% ACCESS,
PUBLIC
ACCESS
TO
THAT
% FILE IN
THE
COURTHOUSE
AND
ALSO
% TAKES IT
DOWN
FROM
THE
FREE
AND
% EASILY
SEARCHABLE
COURT
RECORDS
% DATABASE
ONLINE.% >>
AND
PRESUMABLY
EMPLOYERS
AND
% LANDLORDS
AND
OTHERS
ARE
% ACCESSING
THAT
CCAP,
AS
IT'S
% KNOWN, THOSE
ONLINE
RECORDS% AVAILABLE TO THE
PUBLIC, AND
% FINDING
THESE
CRIMINAL RECORDS
% OF
THESE
PEOPLE?
% >> YES.
% THE
FREE,
SEARCHABLE
COURT
% RECORDS
ONLINE
IN
CCAP HAS
BEEN% A
REAL
GAME-CHANGER IN
% WISCONSIN.
% IT
HAS
REALLY
ENHANCED
THE
% STIGMATIZING IMPACT
OF A
% CRIMINALLE
!
CRIMINAL
CONVICTION
BECAUSE
NOW
% IT'S
NEARLY
UNIVERSAL FOR
% EMPLOYERS OR
LANDLORDS
TO
DO A
% COURT RECORD
SEARCH
BEFORE
THEY
%
WILL
EXTEND A
JOB
OFFER
OR
% HOUSING OPPORTUNITY.%>>
ACCORDING
TO WISCONSIN
CENTER
% FOR
INVESTIGATIVE
JOURNALISM
% REPORTING,
ARRESTS FOR
MARIJUANA
% ARE
THE
NUMBER
ONE
DRUG
OFFENSE
% IN
WISCONSIN,
AFFECTING
NEARLY
% 20,000
PEOPLE
IN
2018
ALONE.
% SO
IN
YOUR
EXPERIENCES, IS
THIS
% THE
KIND
OF
CASE THAT
IS
MOST
% OFTEN BROUGHT
TO
YOUR
OFFICE?
% >> FOLKS
BRING A
VARIETY
OF
LOW
% LEVEL
CASES
TO
OUR
OFFICE
% SEEKING
EXPUNGEMENT, A LOT
OF
% NONVIOLENT DRUG POSSESSION
% CASES,
SOM
E
PUBLIC
BENEFITS OVER
% PAYMENTS
CASES, A
VARIETY OF
% CASES THAT
ARE
IMPACTING
THEIR
% ABILITY TO
FIND
HOUSING,
% EDUCATIONAL
OPPORTUNITIES
AND
% EMPLOYMENT.%>> DO YOU
HAVE A
PARTICULAR
CASE
% OF ONE OF
YOUR
CLIENTS
-- OF
% COURSE, NOT
NAMING
ANYONE, BUT
% THAT
STANDS
OUT,
OF AN
% EXPERIENCE WHERE
IT
JUST
SEEMED
% AS
THOUGH
THIS
PROCESS
REALLY
% HURT
THEIR
BUSINESS
GOING
% FORWARD?%>>
WELL,
ONE
THAT
COMES
TO
MIND
% IS JUST
LAST
WEEK AN
INDIVIDUAL
% CALLED
OUR
OFFICE
SEEKING
ACCESS
% TO
EXPUNGEMENT BECAUSE
OF A
% NONVIOLENT CONVICTION ON
THEIR
% RECORD
FROM
THE
'80s.
% SO THEY
WERE
CALLING
BECAUSE
% THEY'D
SERVED THEIR
SENTENCE AND
% THEY'D
PAID
ALL
THEIR
COURT
FEES
% AND
THEY
HADN'T
THOUGHT
ABOUT
% THIS
CASE
IN
DECADES, BUT
JUST
% THIS MONTH THEY
HAD
APPLIED
FOR
%
A A JOB
AND
THEN
TURNED
DOWN
% BASED ON
IT.
% SO
I
EASILY
PULLED THE
RECORD
OF
% THAT CASE UP
O
N
ONLINE
AND
I
SAW
% WHAT THEY WERE TALKING
ABOUT.
% SO
THAT'S
JUST
SOMETHING THAT
% HAS COME
INTO
OUR
OFFICE IN
THE
% LAST
MONTH
THAT
STICKS
WITH
ME.
% >>
THE
WISCONSIN
POLICY FORUM
% SAYS
THAT MORE
THAN
80,000
CASES% COULD BE
ELIGIBLE
FOR
% EXPUNGEMENT
UNDER
THE
PROPOSED
% LAW
CHANGE.
% WHAT
ARE
THE
S
IGNIFICANT CHANGES
% UNDER THE
BILL
THAT
WOULD
%
BROADEN
THE
ABILITY FOR
% EXPUNGEMENT TO THAT
EXTENT?
% >>
SURE.
% A COUPLE OF
THE
ASPECTS OF
THE
% PROPOSAL IS
IT
REMOVES
THE
AGE
% REQUIREMENT, RIGHT?
% SO
THE
PERSON
WOULD
NO
LONGER
% HAVE TO BE UNDER
THE
AGE
OF
25
% TO
QUALIFY
TO
ASK A
JUDGE
FOR
% EXPUNGEMENT.
% THE
SECOND
THING
IS IT DOES
% REMOVE
THIS
UNUSUAL
PROCEDURAL% REQUIREMENT
THAT A JUDGE WOULD
% HAVE
T
O
ORDER
EXPUNGEMENT AT THE
% TIME
OF
SENTENCING,
WHICH,
% AGAIN,
IS
JUST
--
IT'S
THE
% PUNISHMENT
PHASE OF
THE
CASE
AND
% JUDGES
ARE
RELUCTANT
TO
ORDER
% EXPUNGEMENT AT THAT TIME,
SO
% THAT
LIMITING
ASPECT OF THE
LAW
% IS REMOVED
IN
THE
PROPOSAL.
% A THIRD
THING
IS
THAT
THE
% PROPOSAL
MAKES
THIS
RETROACTIVE,
% SO
IT
WOULD
MEAN
THAT
PEOPLE WHO
% WERE
PREVIOUSLY
SENTENCED
UNDER
% THE
OLD
EXPUNGEMENT LAW
COULD
% NOW
HAVE A
PROCESS
TO
PETITION
% FOR EXPUNGEMENT.
% AND A
FOURTH
COMPONENT
THAT'S
% IMPORTANT IS
THE
PROPOSAL
MAKES
% CLEAR
THAT IT
WOULD
NOW
BE
% UNLAWFUL
EMPLOYMENT
%
DISCRIMINATION
TO
DENY AN
% INDIVIDUAL A JOB BASED
ON AN
% EXPUNGEMENTED
CONVICTION.% >> ALL
RIGHT.
% WE WILL
WATCH
THE
PROGRESS
OF
% THAT
BILL.
% SUSAN
LUND,
THANKS VERY
MUCH
FOR
% EXPLAINING IT TO
US.
% >> THANK
YOU.
% >>
YOU
CAN
SEE
THE
FULL% WISCONSIN CENTER FOR
% INVESTIGATIVE
JOURNALISM
REPORT
% BY
GOING