U.S : Tell your district attorney to clear criminal records for millions of eligible people.

Prosecutors can end cycles of poverty and recidivism by automatically clearing criminal eligible records.

Tell your local DA to implement new technology for automatic expungement.

Thousands of Black people could finally have a chance to live free of the barriers that come with having a criminal record--but only if we take action. It seems like every day a new district attorney is announcing that they will clear thousands of criminal records and decline to prosecute marijuana charges. Marilyn Mosby recently made the commitment in Baltimore.¹ The week before it was Kim Foxx in Chicago.² And if we capitalize on this momentum, we can push other DAs to do the same. Expunging old criminal records gives our people a fair chance to recover from the war on drugs. However, most processes for clearing a record take forever, are antiquated, costly, and inaccessible to everyday people who usually have to hire a lawyer to even apply.³

We need to push district attorneys to implement speedy, accessible, and thorough processes to expunge the records of all eligible people, beyond those with marijuana convictions. As more prosecutors commit to taking this action, pressure will build for others to do the same and thousands of Black people will be able to breathe easier when they submit apartment applications, interview for dream jobs, or apply for a small business loan. That’s why we’re calling on all district attorneys to commit to automatic expungement for all people who are eligible--it’s the least they can do.

Sign the petition: Tell your local DA how clearing criminal records will positively impact the people in your community.

Mass incarceration has left over 70 million Americans with a criminal record, and the mark follows them for life.⁴ Having a record is a distinct driver of poverty; the US poverty rate would have dropped by 20 percent from 1980-2014 if not for mass incarceration.⁵ Formerly incarcerated people have a tough time finding employment after release, and those who do find jobs take home 40 percent less pay annually. On top of that, 85 percent of formerly incarcerated people hold debt from the system.⁶ These debts include fees for a public defender, GPS ankle bracelets, pay-to-stay fees, or late-payment fees. Outstanding debts combined with the stigma of a criminal record can prevent access to credit, housing, employment, student financial aid, getting a professional license, or public assistance--all of which can impact an entire family’s chances of upward mobility. Additionally, public defenders are generally overloaded and often don’t have enough time to adequately build a defense case.⁷ So there are many people carrying records and facing these barriers who were wrongfully convicted or only pleaded guilty to protect their freedom.⁸

Not to mention, prosecutors use old misdemeanor convictions--like marijuana possession, shoplifting, or other low level charges--to push for harsher sentences if someone gets arrested again. Old convictions that were never expunged drive the vicious cycle of mass incarceration--and disproportionately affect Black people who are FIVE times more likely than white people to be incarcerated.⁹

The injustice is clear and our movement has demanded immediate action. Expunging past convictions is the least a DA can do. But, despite continued public pressure, some district attorneys, like LA County DA Jackie Lacey, are resisting this practice and need to feel more pressure.¹⁰

Tell your county’s DA to commit to automatic clearing of criminal records now.

In California, San Francisco District Attorney George Gascón recognized that the communities who stood to benefit most from the new expanded expungement eligibility in Proposition 64 were the least able to afford an attorney in order to access expunge services. However, he was able to work with Code for America to build a system to automatically dismiss and/or reduce 8,000 marijuana convictions.¹¹ Estimates in California alone are that over a million people are eligible for this kind of automatic expungement.¹²

Let’s be clear : DAs are only making these progressive moves because Black people organized to hold them accountable. Color Of Change members have put in the work to make sure we elect district attorneys who know that the criminal legal system is racist and who will leverage their position to transform it. For example, in her first month in office Durham DA Satana Deberry has dismissed traffic fines and court cost for 559 charges totaling $95,000. Over the course of this year, she hopes fines for about 15,000 cases will be dismissed as part of an effort to restore drivers licenses and improve opportunities for people who have been charged and convicted of crimes.¹³ People will be able to get insurance and drive to work or school without fear of being criminalized again.

But the work isn’t over when the election ends. We have to stay engaged and make sure DA campaign promises are fulfilled and that we are providing constant community feedback. Now, we’re in a great position to build people power to push for policies that will free more Black people--and clearing old criminal records will have a huge impact in getting us closer.

We need to raise our voices to let district attorneys know: people deserve to live their lives free of the perpetual punishment that comes with a criminal record.

Until justice is real,

Scott, Rashad, Arisha, Erika, Clarise, Marybeth, Kristen M., Marena, Tamar, Madison, Leonard, Kristen P. and the rest of the Color Of Change team

---

References :

1. “A Growing Chorus of Big City Prosecutors Say No to Marijuana Convictions.” The New York Times, 29 January 2019. https://act.colorofchange.org/go/121169?t=10&akid=23399%2E1942551%2EH9kqmt
2. “Foxx vows to expunge all misdemeanor pot convictions, pushes full legalization.” Chicago Sun Times, 24 January 2019. https://act.colorofchange.org/go/121170?t=12&akid=23399%2E1942551%2EH9kqmt
3. “California lawmaker wants to make it easier to clear marijuana convictions from criminal records.” Los Angeles Times, 9 January 2018. https://act.colorofchange.org/go/121171?t=14&akid=23399%2E1942551%2EH9kqmt
4. “How Families Pay the Never-Ending Price of a Criminal Record.” The Atlantic, 12 December 2015. https://act.colorofchange.org/go/121172?t=16&akid=23399%2E1942551%2EH9kqmt
5. “Poverty and Opportunity Profile : Eliminating Barriers to Reentry.” The Sentencing Project. 12 December 2014. https://act.colorofchange.org/go/121173?t=18&akid=23399%2E1942551%2EH9kqmt
6. Ibid.
7. “Public defenders nationwide say they're overworked and underfunded.” NBC, 11 December 2017. https://act.colorofchange.org/go/121174?t=20&akid=23399%2E1942551%2EH9kqmt
8. “Wrongfully Convicted Often Find Their Record, Unexpunged, Haunts Them.” 5 May 2013. https://act.colorofchange.org/go/121175?t=22&akid=23399%2E1942551%2EH9kqmt
9. “The Poverty and Inequality Report : Incarceration.” The Marshall Project, 30 November 2017. https://act.colorofchange.org/go/121176?t=24&akid=23399%2E1942551%2EH9kqmt
10. “While Some California DAs Are Throwing Out Old Pot Convictions, L.A. County’s Jackie Lacey Takes a Different Path.” KTLA, 3 February 2018. https://act.colorofchange.org/go/121177?t=26&akid=23399%2E1942551%2EH9kqmt
11. “DA Gascon teams up with Code for America to automatically reduce eligible marijuana convictions in San Francisco and beyond.” Office of District Attorney George Gascón, 15 May 2018. https://act.colorofchange.org/go/121178?t=28&akid=23399%2E1942551%2EH9kqmt
12. “Why Has Los Angeles’ DA Balked at Expunging Old Pot Convictions ?” City Watch, 12 March 2018. https://act.colorofchange.org/go/121179?t=30&akid=23399%2E1942551%2EH9kqmt
13. “Why is Durham dismissing hundreds of speeding tickets, with thousands more expected ?” The Herald Sun, 17 January 2019. https://act.colorofchange.org/go/121180?t=32&akid=23399%2E1942551%2EH9kqmt

---

Color Of Change is building a movement to elevate the voices of Black folks and our allies, and win real social and political change. Help keep our movement strong.