On Friday, the Monterey County Public Defender's office hosted its first annual Clean Slate Day, a new statewide event held by county public defenders’ offices.
Aaron McDougall is 39-years-old and attended the event. In his early twenties, McDougal was charged with drug possession. He says it was challenging to find a job after he served time in jail and that his prior conviction felt like a weight around his neck.
“When my wife and I first got married, we struggled finding housing because of my record,” said McDougall. “So it impacts every aspect of your life.”
KAZU’s Jonathan Linden sat down with Monterey County's public defender Susan Chapman. She discussed how the county's post-sentence relief unit was helping at the event.
This interview has been edited for length and clarity.
Susan Chapman (SC): First of all, we get their intake information, which is basic information. We may refer them to get a Live Scan, which will provide us with their criminal history. Then we can determine from reviewing that information what relief they are entitled to.
Jonathan Linden (JL): And what would you say is the value of having someone have their record expunged?
(SC): Oh, it's huge. It's life-changing. It will allow them to apply for different occupations, jobs, and careers. It will assist them in obtaining housing. It assists them in moving forward in their lives and a recognition that they have achieved success after having been through a very tough spell.
(JL): Can you talk a little bit more about what makes someone qualified to be able to have their record expunged?
(SC): The state actually designates what charges can be expunged. There are certain limitations, certain crimes that are not eligible. Rather than going through those one by one, we do have a list and we can provide that to our clients.
(JL): Why would someone have to go through this process and not necessarily just have it automatically taken off their record after so much time?
(SC): As to why people need to get their records expunged?
(JL): Yeah.
(SC): Not all convictions are eligible for the automatic expungement. So that's why we want to look at the Live Scan, which is the printout of the records, so we can determine what relief is needed and be able to provide that access to our clients.
(JL): If someone were to say it's problematic to erase someone's criminal record and that it creates space for less transparency for future employers or landlords for an individual. How would you respond to that?
(SC): I think it's based on a false premise because it doesn't erase a record. It still shows that the person had the conviction that they were successful on probation and that the record eventually was expunged based on their hard work and efforts to change their lives. So it is absolutely transparent.
(JL): And Susan, while organizing today's event, has there been anything surprising to you at all?
(SC): I was very excited about the turnout. It's exciting to see that we are reaching out to the community and they're hearing that we do offer these services. I recognize now that we need to do more to get the message out. We do this Monday through Friday, every day throughout the year. And it's free of charge. So it doesn't cost anyone anything to come in and inquire what services we can provide for them with regard to the expungements.