the records privacy act of 2011 (sb 5019/hb 1235)

The Records Privacy Act of 2011(SB 5019/HB 1235)

Reducing the Impact of Racial Disparity in the

Criminal Justice System

Has identified over 40,000 consequences of criminal convictions.

Found 584 Washington state laws imposing consequences for criminal convictions.

Sources: ABA Criminal Consequences Demonstration Site, http://isrweb.isr.temple.edu/projects/accproject/pages/GetStateRecords.cfm?State=WA;

Prof. Cynthia Jones, panel speech to the American Constitution Society (June 17, 2011), available at http://www.youtube.com/watch?v=NlExXuBeYjU at 55:23-56:08.

ABA Racial Justice Improvement Project

Racial Disparity in the Consequences

White candidates with a criminal conviction were half as likely to be called in for a job interview as a person without the record.

African Americans with a criminal record, were 2/3 less likely to be offered interviews.

Source: Devah Pager, “The Mark of a Criminal Record” (2003)

“GUILTY BY GOOGLE”

African and Native Americans are arrested at rates greater than their representation in the population.

Afr. Amer: 12% arrested/ 3.2% of pop.Nat. Amer: 3.2% arrested/ 1.6% of pop.

Asian Amer: 3.1% arrested/ 5.5% of pop.“White”: 81.5% arrested/ 81.8% of pop.

Sources:2010 Statistics for arrests by race compiled by WASPCCensus data available at http://factfinder.census.gov/servlet/QTTable?_bm=y&-geo_id=04000US53&-

qr_name=DEC_2000_SF1_U_DP1&-ds_name=DEC_2000_SF1_U

How many could SB 5019 help?

In Washington in 2010 …

24,181 African Americans were arrested6,385 Native Americans were arrested6,276 Asian Americans were arrested162,576 “Whites” were arrested

Sources:2010 Statistics for arrests by race compiled by WASPCCensus data available at http://factfinder.census.gov/servlet/QTTable?_bm=y&-geo_id=04000US53&-qr_name=DEC_2000_SF1_U_DP1&-

ds_name=DEC_2000_SF1_U

How many people suffer based on arrest alone?

Nearly ½ of filed misdemeanor cases result in no conviction.

Almost ¼ of felony charges are dismissed without conviction.

Source: compiled from data on www.courts.wa.gov

Real Life Stories

female (Hispanic)

single mother & computer engineer, falsely accused of child rape while fleeing abusive relationship, acquitted.

False accusation of rape continues to show up when she applies for jobs.

Real Life Stories

R.B. (ethnicity?)

high school student, charged with MIP, completed diversion, case dismissed.

rejected as a volunteer once employer saw charge on her record.

Real Life Stories

C.A. (Afr. Amer.)

8-year-old-misdemeanor dismissed after def. sentence completed

repeatedly denied employment and told he was unemployable due to

felony record.

Real Life Stories

E. R. (Afr. Amer.)

2 misdemeanor arrests, no convictions

Lost multiple jobs and his records are still available even though were sealed by the Court.

Real Life Stories

J. S. (White)

19-year-old misdemeanor dismissed after arrest; no conviction

friend denied mortgage because he was co-signer and lender did

background check.

SB 5019/ HB 1235 Petition to keep “exonerating dispo.” confidential;

Defines “exonerating disposition”;

Places burden on filer to prove is an “exonerating dispo.” and that continued public access poses an unacceptable risk of harm;

Includes a proposed order to make GR 15/ Ishakawa compliance easy;

Includes a reasonable processing fee.

SB 5019/ HB 1235 • Utilizes existing technology and procedures;• Includes legislative findings weighing the

public/private interests involved;• Places in own Chapter in Title 10, rather than RCW

10.97;• Clarifies that deferred prosecutions, NGRI, and

competency dismissals do not count;• Keeps nonconviction data available to courts,

prosecutors, law enforcement;• Includes a new section on dissemination of

protection orders.

Consistent with GR 15;

State v. Ishikawa factors;

Access to Justice Technology Principles;

Board of Judicial Administration’s Resolution re: disparate impact;

Governor Locke’s Executive Order 00-33 re: Public Records Privacy Protections

For more information contact:

Kim Gordon (206) 340-6034 Kim@GordonSaundersLaw.com

Bob Cooper (206)852-3616 Bob@EvergreenPublic.com