New software will help expunge 1000s of misdemeanor convictions in Santa Clara County
SAN JOSE (KPIX)-- The Santa Clara County District Attorney's Office is preparing to significantly ramp up expungement of misdemeanor convictions in the coming months, setting a pace to clear the records of tens of thousands of qualifying cases per year, in what's being described as "Silicon Valley-style justice."
Staffers have spent the previous two years writing code and testing the in-house software that expunges records from databases in court systems in Santa Clara County, as well as databases within the State of California, and the U.S. Government.
This newer system was built upon a previous system that was designed to expunge 15,000 misdemeanor marijuana convictions, after voters passed Prop 64 to legalize marijuana.
The team of IT professionals and software experts have been running tests on small batches of several dozen misdemeanor cases. But later this summer, they will run 300 cases. If all goes well, the DA's office will expunge more than 10,000 cases by the end of the year.
District Attorney Jeff Rosen said the team spent several hundred hours writing the code to automate the expungements, a time-consuming and sometimes arduous process that had been done manually.
"I mean, you literally press a button, you look a couple minutes later, and they're gone," said Rosen. "And these people were entitled under the law to have these convictions expunged, but there were barriers and obstacles to doing that, like cost and time. But in this way, we do it automatically."
To qualify, offenders must have served their sentence, paid restitution to the victims, and have gone 5 years with no new offenses. Nearly all misdemeanors qualify, except for those involving violence or were sexual in nature. Some low-level felonies may also qualify.
As many 20,000 cases per year may qualify for expungement, according to Rosen.
The expungements increase an applicant's chances of success when applying for jobs, rental housing, or financial aid for school, which typically require disclosure of criminal convictions, according to Rosen.
"When somebody has served their debt to society, becomes crime-free and paid restitution to the victim, then we in this office want them to be able to reintegrate back into society. And to make that as easy as possible," said Rosen. "I would call this a very American idea, which is, once you've paid your debt to society. We wipe the slate clean. And you start over."
Daniel Montero expunged his misdemeanor marijuana charges several years ago with help from student activists at San Jose State, using lawyers and going through the traditional court system. Montero said broader efforts to welcome those with marijuana convictions lifts their spirits, and provides a much needed mental boost for many who have struggled with shame and guilt.
"It really does. Oftentimes we go to criminal activity, because we don't feel like we fit in. We've experienced trauma in our lives. We've been left behind, left out in different ways. And so when society really wants to reintegrate and forgive low level offenders, it makes a world of a difference. It's like getting a hug on a cold rainy day, man," said Montero.
The expungements are set to occur automatically each year for qualifying cases, and there is no need to apply. There is currently no official notification system.
If citizens believe they qualify, they are urged to contact their attorney, or visit the Santa Clara County Sheriff's LiveScan Unit.