- San Francisco’s District Attorney announced he will expunge 9,362 marijuana convictions dating as far back as 1975.
- The DA’s office teamed up with a nonprofit called Code for America, which developed technology that helped identify cases that are eligible for expungement.
- The city took this proactive approach to clear cases themselves because they say the traditional process is expensive and tedious, making it both challenging and rare for eligible people to do so themselves.
Past Convictions to be Expunged
San Francisco officials announced Monday that they will dismiss 9,362 marijuana convictions dating back to 1975, making San Francisco the first city in the U.S. to clear all eligible marijuana convictions.
The announcement from San Francisco’s District Attorney, George Gascón, comes just over two years after California passed Proposition 64, which legalized recreational marijuana in California for people 21 and older.
Prop. 64 was approved by voters in 2016, and also allows those convicted of marijuana possession to petition to have their convictions expunged.
It also allow people to petition to have marijuana-related crimes reduced from a felony to a misdemeanor. The expungements also include marijuana convictions that are tied to other crimes.
Code for America
After Prop 64 passed, San Francisco became the first county to announce that it would clear old marijuana convictions.
For about a year, the San Francisco DA’s office went through old marijuana cases to determine which ones were eligible for dismissal and found about 1,200 cases to clear on their own.
However, that process proved to be time-consuming, which lead the DA to team up with a nonprofit called Code for America, a group that uses open-source technology to improve government efficiency.
Code for America used a computer algorithm it created called “Clear My Record” which sorts through marijuana convictions and determined which were eligible for expungement under Prop. 64.
According to a Medium article written by Code for America: “The Clear My Record technology can automatically and securely evaluate eligibility for convictions by reading and interpreting conviction data. It can evaluate eligibility for thousands of convictions in just a few minutes.”
The program also automatically fills out the required paperwork that can be turned in to the court for processing these cases.
People could request expungements themselves even before the DA and Code for America took on the project. However, before the city began to look for people who were eligible, only 23 people had actually petitioned the city to do something about their convictions because it is a confusing and tedious task.
Gascón said in a statement, “You have to hire an attorney. You have to petition the court. You have to come for a hearing,” continuing:
“It’s a very expensive and very cumbersome process. And the reality is that the majority of the people that were punished and were the ones that suffered in this war on marijuana, war on drugs nationally, were people that can ill afford to pay an attorney.”
Impact on People of Color & Low Income Communities
The DA’s office also noted that people who have marijuana convictions on their records often have trouble finding employment, noting that these people can face barriers when trying to get access to education, housing, loans, and public assistance.
Gascón also noted that there were racial disparities in marijuana arrests in the city.
A study done by ACLU in 2013 found that in San Francisco, African Americans were more than four times as likely to be arrested for marijuana possession than white people.
In a press briefing, Gascón said: “Take San Francisco for instance, our African American population is under 5 percent. But if you look at our convictions for marijuana offenses, 33 percent of people we convicted were African American, 27 percent were Latino.”
Due to the push from these factors, the city decided to take a proactive approach to clear past convictions themselves to help people who they say, “n
Now that the DA has made the announcement, all that has to be done is for the courts to process the requests.
With this unprecedented move from San Francisco, many are wondering what implications this has for the rest of the country.
San Francisco’s actions have already prompted several other cities to follow their lead, and many believe that both the expungements and the technology used by Code for America will have a positive spillover effect.
Code for America intends on expanding it’s pilot program to other California counties, and has already set the goal of clearing 250,000 eligible convictions nationwide by 2019.
In California, other counties including Los Angeles are considering similar efforts. The Los Angeles County DA’s office estimates that there have been 40,000 felony marijuana convictions offenses since 1993. However, prosecutors have not said how many of those cases could be eligible for expungement.
The Code for America technology could also help a California with Assembly Bill 1793 which was signed into law last year. The bill mandates that the state build a list of all individuals eligible to have crimes expunged under Prop 64, with the end goal of having all past marijuana-related crimes reduced or cleared by 2020.
There are also other efforts happening outside of California.
In Missouri, lawmakers are considering a bill that would expunge convictions for medical marijuana patients, which is legal in the state.
New Jersey residents can also have their convictions expunged, but like in San Francisco, the process is reportedly challenging.
Additionally, in New York, the governor has proposed legalizing recreational marijuana use, and officials are exploring the possibly expunging or sealing conviction records.
Some law enforcement groups are not thrilled about the move to expunge convictions.
John Lovell, legislative counsel to the California Narcotic Officers’ Association, who was one of the leading voices against the legalization of marijuana in CA, told the Los Angeles Times: “To simply embark on an across-the-board expungement of 9,300 without looking at any of the surrounding factors on any of those cases strikes us as cavalier irresponsibility.”
In contrast, Gascón has said:
“This isn’t a political thing. This is about dignity. People pay their debt to society. People pay the consequences for something we no longer consider a crime. They should not be jumping through hoops for this. They should just get it.”
See what others are saying: (San Francisco Chronicle) (Los Angeles Times) (NPR)
Derek Chauvin and 3 Others Ex-Officers Indicted on Civil Rights Charges Over George Floyd’s Death
- The Justice Department filed federal criminal charges Friday against Derek Chauvin and three other former Minneapolis police officers after a grand jury indicted them for violating the civil rights of George Floyd.
- The indictment charges Chauvin, J. Alexander Kueng, and Tou Thao for violating Floyd’s right to be free from unreasonable seizure and unreasonable force. All three, as well as Thomas Lane, were also charged with failing to provide medical care to Floyd.
- Chauvin was additionally hit with two counts in a separate indictment, which claims he violated the civil rights of a 14-year-old boy who he allegedly held by the neck and repeatedly beat with a flashlight during a 2017 arrest.
- Chauvin was already convicted last month of murder and manslaughter over Floyd’s death, which Kueng, Lane, and Thao were previously charged for allegedly aiding and abetting.
Former Minneapolis Officers Hit With Federal Charges
A federal grand jury indicted Derek Chauvin and three other former Minneapolis police officers for violating George Floyd’s civil rights during the arrest that lead to his death last summer, the Justice Department announced Friday.
Chauvin, specifically, was charged with violating Floyd’s right to be free from unreasonable seizure and unreasonable force by a police officer. Ex-officers J. Alexander Kueng and Tou Thao were indicted for willfully failing to intervene in Chauvin’s unreasonable use of force.
All three men, as well as former officer Thomas Lane, face charges for failing to provide medical care to Floyd, “thereby acting with deliberate indifference to a substantial risk of harm to Floyd,” according to the indictment.
In a second, separate indictment, Chauvin was hit with two counts of civil rights violations related to the arrest of a 14-year-old boy in September 2017. During that incident, Chauvin allegedly held the boy by the neck and hit him with a flashlight repeatedly.
The announcement, which follows a months-long investigation by the Justice Department’s Civil Rights Division, comes just over two weeks after Chauvin was found guilty of three state charges of murder and manslaughter in Floyd’s death.
He is currently awaiting his June 25 sentencing in a maximum-security prison.
Kueng, Lane, and Thao all face state charges of aiding and abetting second-degree murder and manslaughter.
Kueng and Lane were the first officers to responded to a call from a convenience store employee who claimed that Floyd used a counterfeit $20 bill. Body camera footage showed Floyd sitting in the car and Lane drawing his gun as the officers ordered him out and handcuffed him.
Floyd can be heard pleading with the officers not to shoot him.
Shortly after, Chauvin and Thao arrived, and the footage shows Chauvin joining the other officers in their attempt to put Floyd into the back of a police car. In the struggle, the officers forced Floyd to the ground, with Chauvin kneeling on his neck while Kueng and Lane held his back and legs.
Meanwhile, in cellphone footage taken at the scene, Thao can be seen ordering bystanders to stay away, and later preventing a Minneapolis firefighter from giving Floyd medical aid.
Their trial is set to begin in late August, and all three are free on bond. The new federal charges, however, will likely be more difficult to prove.
According to legal experts, prosecutors will have to show beyond reasonable doubt that the officers knew that they were depriving Floyd of his constitutional rights but continued to do so anyway.
The high legal standard is also hard to establish, as officers can easily claim they acted out of fear or even poor judgment.
See what others are saying: (The Washington Post) (The New York Times) (The Associated Press)
Caitlyn Jenner Says Her Friends Are Fleeing California Because of the Homeless Population
- California gubernatorial candidate Caitlyn Jenner sparked outrage after an interview with Sean Hannity on Wednesday that was filmed from her Malibu airplane hangar.
- “My friends are leaving California,” she said. “My hangar, the guy right across, he was packing up his hangar and I said, ‘Where are you going?’ And he says, ‘I’m moving to Sedona, Arizona. I can’t take it anymore. I can’t walk down the streets and see the homeless.’”
- Many criticized Jenner for sounding out of touch and unsympathetic to real issues in California and suggested that she prioritize helping the homeless population rather than incredibly wealthy state residents.
Caitlyn Jenner’s Remarks
California gubernatorial candidate Caitlyn Jenner sparked outrage on Wednesday after suggesting that wealthy people are fleeing the state because of its homeless population.
Jenner sat down for an interview in her Malibu airplane hangar with Fox News’ Sean Hannity. Jenner is one of the handful of Republicans aiming to unseat current Governor Gavin Newsom in a recall election in the fall. While polls show that most Californians do not support recalling Newsom, the conservative-led movement to do so gained enough signatures to land on the ballot.
“My friends are leaving California,” Jenner claimed during the interview. “My hangar, the guy right across, he was packing up his hangar and I said, ‘where are you going?’ And he says, ‘I’m moving to Sedona, Arizona, I can’t take it anymore. I can’t walk down the streets and see the homeless.’”
“I don’t want to leave,” she continued. “Either I stay and fight, or I get out of here.”
Jenner’s Remarks Prompt Backlash
Her remarks were criticized online by people who thought Jenner sounded unsympathetic and out of touch to the real issues in the state. Many found it hypocritical that Jenner has slammed Newsom for being elite but was so concerned for wealthy people who don’t like having to see unhoused residents on the street.
Rep. Ted Lieu (D-Ca.) called Jenner out on Twitter for seemingly fighting for a small percentage of Californians.
“Unlike you, Dems are focused on the 99% of people who don’t own planes or hangars,” he wrote. “And you know what’s going to help reduce homelessness? The #AmericanRescuePlan, which your party opposed.”
Others suggested she prioritize directly addressing the homeless situation.
“If you don’t like the homeless situation, instead of hiding in your PRIVATE PLANE HANGAR, your campaign should be about helping them,” actress Merrin Dungey said. “They don’t like their situation either. Your lifelong privilege is showing. It’s not a good color.”
Jenner, an Olympic gold medalist and reality star, is one of the most prominent transgender Americans. Because homelessness is such a common issue within the trans community, some were frustrated she was not using her campaign to fix the situation, and rather used it to complain about how it impacted her wealthy friends.
See what others are saying: (The Hill) (Politico) (Washington Post)
Derek Chauvin Seeks New Trial In George Floyd Murder Case
- A lawyer for Derek Chauvin, the former Minneapolis police officer who was convicted of murdering George Floyd, filed a motion Tuesday for a new trial.
- Among other complaints about Chauvin’s conviction, the attorney cited “prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law.”
- He also claimed the court “abused its discretion” by not granting a change of venue or sequestering the jury for the duration of the trial, arguing that publicity before and during it threatened its fairness.
- John Stiles, deputy chief of staff for Minnesota Attorney General Keith Ellison, told CNN, “The court has already rejected many of these arguments and the State will vigorously oppose them.”
Derek Chauvin’s Attorney Files Motion for New Trial
Former Minneapolis police officer Derek Chauvin is officially asking for a new trial, hoping to overturn his conviction for the murder of George Floyd.
His attorney, Eric Nelson, filed court paperwork Tuesday laying out a number of errors he believes were made during Chauvin’s legal proceedings that violated his constitutional rights to due process and a fair trial. Nelson cited alleged issues, including, “prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law.”
The filing did not cite any specific examples of jury misconduct, but Nelson also argued that the court “abused its discretion” by not granting a change of venue or sequestering the jury for the duration of the trial.
The court proceedings took place in the same city where Floyd was killed and where protesters drew national attention by calling for justice in his name. As a result, Nelson claimed that publicity before and during the trial threatened its fairness. He also argued that a defense expert witness was intimidated after he testified, but before the jury deliberated.
His filing asks for a hearing to impeach the guilty verdict, in part, on the grounds that the 12 jurors “felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to instructions during deliberations.”
It’s unclear exactly what will come of this request, but John Stiles, deputy chief of staff for Minnesota Attorney General Keith Ellison, told CNN, “The court has already rejected many of these arguments and the State will vigorously oppose them.”
For instance, a judge previously denied Chauvin’s request to move the trial in March, saying, “I don’t think there’s any place in the state of Minnesota that has not been subjected to extreme amounts of publicity on this case.”