Algorithm erases pot convictions
D.A. working with Code for America to apply new law to old cases
The San Francisco district attorney’s office will take a high-tech approach to finding and wiping out certain felony marijuana convictions in a pioneering effort by city prosecutors to retroactively apply the state’s new legal marijuana laws.
District Attorney George Gascón on Tuesday announced a partnership with Code for America — a nonprofit with the goal of making government more efficient — to begin using a computer-based algorithm to take on the complicated job of identifying felony marijuana convictions that are eligible for reclassification.
The effort comes after the district attorney’s office in January announced it would dismiss and seal more than 3,000 misdemeanor marijuana convictions dating to 1975. The decision was in response to California voters passing Proposition 64 in November 2016 to legalize recreational marijuana for adults 21 and older.
“We’re very excited to partner with Code for America,” Gascón said in an interview. “A lot of what we do is antiquated, but we have continued our efforts to bring prosecutions into the 21st century by using technology and being
thoughtful in how we employ public resources.”
As of this week, the district attorney’s office has prepared 962 motions to dismiss misdemeanor marijuana convictions, 528 of which have been submitted to San Francisco Superior Court. So far, judges have granted 428 of the motions.
The city’s 4,940 felony marijuana cases, though, are trickier.
Under Prop. 64, people with prior violent felonies, registered sex offenders and those with certain other convictions are not eligible to have their felonies reclassified.
Code for America will use its algorithm to search through San Francisco’s felony cases and identify which individuals can have their cases automatically reduced.
The technology uses optical character recognition to read criminal records and then maps the data to determine if the person is eligible. The program then auto-fills the necessary paperwork to have the charge reduced, which is then sent off in bulk to the courts, said Jennifer Pahlka, executive director of Code for America.
“Our vision is to help government clear all eligible criminal records starting with convictions under Prop. 64,” she said.
A major benefit of the plan is it won’t require teams of attorneys to pull cases and review them one by one.
Gascón said he hopes the work will serve as a template that other jurisdictions can use to review past cases in states where marijuana is now legal.
“We heard from prosecutors from around the state saying they’d like to, but don’t have the resources,” Gascón said. “What Code for America is doing is going to basically draw a line between those that can’t and those that won’t. Anyone that talks about not having the resources — once we get this product online — is basically telling us, ‘I won’t do it.’ ”
Before legalization, many criminal justice reform advocates complained that marijuana laws disproportionately affected the poor and people of color. In San Francisco, African Americans were more than four times as likely to be arrested for marijuana possession as white people, despite similar levels of use, according to a 2013 study by the American Civil Liberties Union.
The San Francisco district attorney’s office was the first in the state to move to clear marijuana convictions off the books, prompting other jurisdictions to follow suit.
In February, Alameda County District Attorney Nancy O’Malley said she will dismiss, reduce or seal decades of marijuana convictions.
San Francisco’s effort preceded decisions by prosecutors in Seattle, Philadelphia and other cities to drop old marijuana cases following legalization in those states.
Gascón said he hopes the partnership with Code for America will have impacts beyond marijuana cases alone.
“The implication would be far-reaching,” he said. “Having the ability to automate the review of criminal history may lead to a very holistic approach to using technology for other areas of our work.”