Santa Clara County Application for Expungement - PDF by xpz21332

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									County of Santa Clara
Office of the Public Defender



LJ08 082702                                                                          .
                                                                     Prepared by:.Donna L. Prochazka
                                                                                  Administrative Services
                                                                                  Manager
DATE:           August 27, 2002

TO:             Board of Supervisors

FROM:

                Jose R. Villarreal
                Public Defender

SUBJECT:
                Salary ordinance amendment and appropriation modification to add one half time unclassified Paralegal
                code.




RECOMMENDED ACTION

Introduction and preliminary adoption of Salary Ordinance No. NS−5.02.15 amending Santa Clara County Salary
Ordinance No. NS−5.02 relating to the compensation of employees adding one half time unclassified Paralegal code in
the Office of the Public Defender. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Approve request for Appropriation Modification No. 025 transferring funds within the Office of the Public Defender
budget with no net fiscal impact. (Roll Call Vote)


FISCAL IMPLICATIONS




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The cost of adding one half time unclassified Paralegal position (W03) and associated costs are fully covered by the
interagency agreement, amended January 2002 to include FY2003, by and between the County of Santa Clara Office of
the Public Defender and the Social Services Agency.

The CalWorks agreement was amended in January 2002 to cover expungement services to CalWorks clients through
FY2003. The amendment also modifies the scope of services to include record expungement of eligible felonies and
additional funding for a half time Paralegal position necessary to provide these additional services.

The attached F85 allocates money from Supplies & Services to Salaries and Employee Benefits to reflect the changes in
the expungement program budget. There is no impact on the FY2003 General Fund.


CONTRACT HISTORY

In December 2000, the Office of the Public Defender, through a Request for Proposal process by the Social Services
Agency, was awarded two inter−agency agreements to provide record expungement services to CalWorks and General
Assistance clients. The agreements were for 18 months (CalWorks) and 12 months (General Assistance) renewable for
two additional one−year periods provided all conditions of the inter−agency agreement were met.

The Office of the Public Defender met or exceeded all the goals and conditions for both contracts, and in December
2001, the General Assistance inter−agency agreement was extended for twelve months. In June 2002, the CalWorks
Agreement was extended for twelve months with modifications that included funding for an additional half time
Paralegal to assist with presentations to CalWorks clients, assisting the clients to collect the information necessary to
complete the record expungement application, submitting the applications to the Probation Department and maintaining
the required case files and paperwork.


REASONS FOR RECOMMENDATION

Many CalWorks clients have misdemeanor and eligible felony convictions (non−violent felony convictions where client
has met all conditions of parole and remained free of additional convictions) on their record that prevent them from
obtaining employment or better positions. Through the expungement process the court is petitioned to clear client's
record of misdemeanors and eligible felonies and thus facilitate opportunities for employment and self−support.

The significant number of CalWorks clients who were not eligible for record expungement services and the Public
Defender's experience in providing misdemeanor expungement services during the past 18 months has been so
successful, that the Social Services Agency has modified the current inter−agency agreement to include eligible felonies.

Based on records of the number of clients for whom the Public Defender was unable to provide record expungement
services during the first agreement, it is estimated that an additional 150 clients will be assisted in applying for record
expungement and 240 cases will be processed for record expungement during the next twelve months. An additional half
time staff position, a half time unclassified Paralegal (W03), is necessary to meet the additional requirements of the
twelve month extention of the original agreement and the needs of the Social Services CalWorks clients. This position
will sunset on June 30, 2003.


BACKGROUND




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The Office of the Public Defender has been very successful in providing record expungement services to Social Services
CalWorks clients during the past eighteen months. The contract goal for number of clients served was 275; the Office
served 456 CalWorks clients. The contract goal for the number of cases handles was 475; the Office processed 988 cases
for CalWorks clients.

A significant number of the CalWorks clients served (approximately 152) were not eligible for the record expungement
services provided by the Public Defender. Many of the clients were not eligible because their convictions were for
eligible felonies; non−violent felonies that meet the Social Services guidelines for expungement. The amended
inter−agency agreement between the Office of the Public Defender and the Social Services Agency for FY2003 includes
record reduction and expungement services for CalWorks clients with eligible felonies.

In order to meet the need of these clients and process their applications for record reduction and expungement in a
timely manner, it is necessary to add a half time paralegal position to the program. The half time paralegal will assist in
giving presentations about record expungement eligibility and services, interviewing clients, opening case files,
preparing the necessary paperwork and documentation, submitting the requests for expungement to the Probation
Department, and maintaining the required records. The Paralegal will also work with the Deputy Public Defender in
processing requests to the court for felony record reduction and expungement, and referring clients whose records cannot
be expunged and who may need other types of assistance to a qualified community provider.


CONSEQUENCES OF NEGATIVE ACTION

The Office of the Public Defender would not have adequate paralegal staffing to fulfill the obligations of the Social
Services CalWorks record expungement inter−agency agreement.


ATTACHMENTS

      • (Transmittal submitted on Aug 15, 2002 11:49:37 AM − PDF Version)

      • F85 Request for Appropriation Modification FY2003 (Appropriation Modification
        (F−85))

      • NS−5.02.15 Salary (Ordinances)




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