Reentry Legal Clinic

A New Way of Life Reentry Project periodically hosts a Reentry Legal Clinic in collaboration with the UCLA School of Law that assists people in search of employment to clean up their criminal records and to understand employment law that relates to people with prior convictions. Since September 2007, we have helped 70 individuals expunge misdemeanor and felony convictions, seek certificates of rehabilitation, appeal denials of occupational licenses, and challenge employment discrimination.

Our next clinic will not take place until Fall 2008, but a number of other free legal clinics around Los Angeles also offer expungement and other legal services. Click here to download the list.

We offer the following services at our scheduled clinics and on an individual basis when possible:

"Clean Slate"

Most convictions may be expunged, as long as the conviction did not result in a prison term. For convictions that resulted in a prison sentence, you must seek a Certificate of Rehabilitation (LINK). Expungement does not remove a conviction from one's criminal record, but does amend the record to read: "set aside and dismissed" next to the conviction in question. If all of your convictions have been dismissed, you are legally allowed to answer "No" to the question “have you ever been convicted of a crime.” See this document for a full discussion of the issue.

Many employers understand the significance of expungement and offer employment to people who expunge their convictions. Click here for answers to Frequently Asked Questions about Expungement.

You can attend a free legal clinic to help you pursue expungement. Resources are also available online to assist those who wish to pursue expungement on their own. Neighborhood Legal Service of Los Angeles County put together an excellent manual explaining the process online here, and California Court has its own frequently asked questions page on expungement here. You can download the necessary forms from this page.

Employment Discrimination Complaint

Discrimination based on race or national origin is illegal under Title VII of the Civil Rights Act of 1964. Therefore, if a hiring practice affects people of a certain race more than others, the employer must prove the policy is a 'business necessity.' Because people of color are over-represented in the criminal justice system, a hiring policy that excludes people with convictions could have an unequal impact on people of color, thereby violating the law.

The federal agency in charge of enforcing Title VII, the Equal Employment Opportunity Commission, has taken the position that an employer cannot refuse to hire a person based on their conviction history unless his/her conviction(s) are directly related to the job. Employers are required to consider the nature of the job, the nature and seriousness of the offense, and the length of time since the conviction and/or incarceration in making a determination about an applicant.

Employers should not adopt blanket policies that exclude people with criminal records. Also, under California law, employers are not permitted to inquire about arrests, nor are you required to list them on most job applications. We provide initial screening for Title VII complaints to EEOC.

Occupational Licensing

If you have been denied an occupational license due to your criminal history, you have the right to appeal the decision of the Board to an administrative judge. We research and explain how to exercise that right. For some, simply asking for an appeal results in the Board granting the requested license, so we strongly advise that you pursue it.