By Molly Balison
Idaho’s Clean Slate Act, House Bill 149, went into effect on January 1, 2024. The law enables eligible Idaho residents to have one low misdemeanor offense on their criminal record shielded from public view. New beginnings are around the corner for Idahoans who are being disqualified from education, housing or employment based on their criminal record. They’re offered a second chance to contribute to society.
According to the Clean Slate Initiative, 94% of employers, 90% of landlords, and 72% of colleges and universities in America use background checks to screen applicants. More than 1 in 3 adults in Idaho have a criminal record and could benefit from the forgiveness this law extends to those willing to go through the process of expunging one offense.
The first step in this process is attending a Second Chance Clinic. Interfaith Sanctuary’s evening director, David Townsend, holds eligibility clinics where he gives participants an overview of the law and one on one assistance in filling out paperwork that determines if they meet the qualifications. The next clinic is on January 16.
An offense can be covered in the state of Idaho, if it is a nonviolent misdemeanor or felony drug conviction and it must be five years since the offender has served their sentence including probation, parole, fines and restitution. The law states that a nonviolent misdemeanors are offenses excluding murder, kidnapping, aggravated assault, forcible sex offense, robbery, arson, extortion, use or unlawful possession of a firearm, torture and interstate domestic violence.
A total of four people attended the clinic held at the shelter on November 14, but no one was eligible to move forward to the application paperwork. Townsend encourages people to not grow comfortable in their situations or listen to the judgement of others but “show up and ask questions”.
“I come from a troubled background,” Townsend said. “I’ve struggled with a lot of the same things that these people are struggling with and I know from my own journey how hard employment and housing is with some of these convictions.”
Townsend believes the financial aspect is the most devastating hurdle in eligibility the population is facing. Those in homelessness are unable to pay off the required fines, fees and restitution when what little income they have goes toward essentials and bills if they are prevented from getting a job as a result of their criminal record. They fall into a position that disqualifies them from their second chance at being employed.
Erica Marshall, an attorney and founder of the Idaho Justice Project said, “You can’t even make an argument that a person is more of a public safety risk and shouldn’t be entitled to this record sealing relief and have gone the five years just because they can’t financially afford their fines and fees.”
“I’d like to see more opportunity for expanding the statute so that if you have outstanding fines and fees, that’s not a bar and it doesn’t start on that day but the five years starts when you’ve finished your jail, or prison, or parole or probation sentence,” Marshall said.
Marshall discovered her calling to help people in the criminal justice system and moved to Idaho from the East four years ago and launched Idaho Justice Project, a nonpartisan nonprofit with a mission to reduce Idaho’s criminal justice system and offer resources to prevent crime in communities.
In 26 years, Idaho’s correction spending has increased 207% compared to higher education spending increasing by 39% according to the National Association of State Budget Officers. The Idaho Justice Project is one initiative that aims to deescalate this rising number. The nonprofit launched a Second Chances Committee composed of nonprofits, attorneys, and justice system stakeholders who work to provide record shielding relief for eligible Idahoans. “When citizens get together and take action it really can create change,” Marshall said.
“I would love to expand the relief so that if you’ve been out of the system, you’ve completed your sentence completely and you’ve gone five years, I’d love to see you be able to shield any of the eligible crimes even if it’s multiple,” Marshall said.
Idaho State police collected data on crimes in Idaho by region and found that drug crimes are the most frequent charges in Boise and are up 68% from 2022 to 2023. Marshall thinks of those struggling with substance abuse who obtain several charges during their non-linear journey to sobriety.
“If they’ve been clean and sober for five years, why not allow them to expunge?” she said. “Your record can continue to impact your life well beyond your sentence.”
Rep. Ilana Rubel advocated for HB149 to be pushed through legislation. In a petition to legislation she said, “Often those affected are friends or family members who committed relatively minor offenses, learned their lesson, and are ready to move on with their lives. Unfortunately, these records will follow them forever, and can severely affect their ability to find housing or a job”
Rubel referred to a study which found that people were 22% more likely to be employed after getting their record sealed and their wages increased by 25% if they were previously employed. The study revealed a 1% recidivism rate compared to Idaho’s 35% recidivism rate which ranks 31st in the country. The hope is the clean slate law will drive the reduction in reoffences.
“It turns out that, having been given a chance to get their lives back on track, they did not want to blow their opportunity by reoffending,” Rubel said.
While invisible to the public eye, the offense does not completely disappear from a person’s record as police and courts still have access to a person’s full criminal background.
After Michigan passed an expungement law, Michigan Law School conducted a study reviewed by Harvard Law addressing public safety concerns of expungement and recidivism. Researchers found that expungement recipients were less likely to commit a crime again within the state than those who hadn’t had an offense shielded from their record. After two years of their expungement, only 1.8% of offenders were reconvicted. In one year, those who obtained expungement saw their wages increase by 22% compared to their wages before expungement.
Ryan Black with Attorneys of Idaho said, “Idaho has never offered the ability to get a charge expunged, cleaned, taken off your record in any way — ever,” Black said. “So this is a pretty big deal. I think people have just always assumed that this was not an option.”
Once an individual is deemed eligible, they are given a pro bono attorney such as Black who offers free clinics to help people petition a court to have their public record sealed.
“I think the changes will hopefully start coming a little quicker now that this first step has been taken and they have shown that it is important to start allowing people to have a little bit of grace and move forward with their lives without these convictions on them,” Black said.
Black grew up one block away from Interfaith Sanctuary and was familiar with the area. He always had the ability to do what he wanted with his life even when things went sideways because of the support system he had. He realizes that others should have a second chance and not be held back because they don’t have the kind of support that others take for granted.
“This idea of protection in the community extends to everybody but the person who’s charged with the crime,” he said. “I think that there needs to be a broader understanding that this community includes the defendant.”
Those who support the Clean Slate Law hope to see its parameters expanded to other felony charges which impact an individual’s ability to obtain housing, employment and education and affect family life and civic engagement.
Community awareness and interest makes the second chance clinics successful and able to reach more people. This is an opportunity for anyone interested, not just guests at Interfaith.
The Clean Slate Law is a step toward forgiveness that can change lives and the community for the better. A person with a record is more than just a criminal. They’re human beings just as deserving of an opportunity to receive grace as the next person.