New pilot program will explore clearing outdated cannabis convictions

Nevada has dramatically reimagined its approach to cannabis over the past six years. In 2016, voters approved a ballot initiative to legalize recreational cannabis use. Four years later, Gov. Steve Sisolak pardoned 15,000 people with previous cannabis convictions on their criminal records. And two years ago, policymakers expanded which records are eligible for sealing to include convictions that have since been decriminalized.

But one important challenge remains: How do we ensure that Nevadans with previous cannabis convictions don’t face a lifetime of stigma and economic adversity due to criminal records that are no longer relevant? How can the State move toward a modern, effective, and equitable record clearance system just like other states in the US? A new pilot in Clark County seeks to answer those questions.

Criminal records present enormous barriers to employment, housing, education and other opportunities. In one particularly absurd case, a mother was prevented from seeing her son graduate on an Air Force base because of a decades-old conviction. People shouldn’t be held back by criminal records for conduct that is no longer illegal. The current approach harms our communities, our neighbors, our businesses, and our economy.

Yet there is good news. State governments across the country are adopting an automated system that uses technology to clear records efficiently and at scale.

Clark County recently commissioned Code for America to explore what it would take to make automatic record clearance a reality. Building on their experience with more than 20 other states, Code for America will take a deep dive into what records are digitized, where data is stored, and how the state’s technology systems operate.

Given their experience, they already know a lot about what’s important to consider when designing an effective and practical automatic record clearance systems.

First, the burden to identify and clear eligible records must shift from the individual to the government. Automatically clearing records allows this to be done quickly at scale.

Second, it is critical to understand a state’s criminal legal system data and data infrastructure to include everyone involved in the process of storing and updating records, from agencies to courts to criminal history repositories.

Third, the act of clearing records is just one piece of a larger puzzle. Automatic record clearance systems must be designed as “end-to-end” services, making sure there is a system in place to inform people that their records have been cleared and what that means for them. As such, policymakers must make record information free, confidential, easy-to-understand and available on demand.

Currently, people must find a lawyer, draft a petition, spend countless hours and thousands of dollars to wait weeks or months to have their record sealed. The result is that only a small fraction of those eligible receive the relief they are due.

That’s why Nevada should adopt an automatic record clearance statewide, to replace the old, outdated, and burdensome petition-based system.

This issue isn’t partisan — both red states and blue states have used technology as part of landmark automatic record clearance programs. Earlier this year, Utah’s Governor Spencer Cox (R-utah) led an effort to clear 500,000 eligible records, in collaboration with Code for America. Policymakers in California, Oklahoma and Colorado have also passed similar policies.

Democrats and Republicans agree: automatic record clearance is a practical and compelling solution for improving access to good jobs, housing, education, and strengthening economies for generations to come. It’s time to take a step toward automatic record clearance in the Silver State.

And now, Nevada’s largest county is exploring automatic record clearance, too.