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Four
days a week, the Voluntary
Legal Services Program offers a pro per clinic to assist
low-income clients with criminal record expungements and
driver's license reinstatements. Several years ago, as welfare
reform programs were beginning across the country, Sacramento
County officials realized that driver's license suspensions
and criminal records for misdemeanors and minor felonies
were obstacles to employment for a significant number of
people. The Sacramento County Department of Human Assistance
asked VLSP and Legal Services of Northern California
to create a program to help address these obstacles. The
clinic opened in January of 2000, coordinated by Jim
Reilley, a graduate of San Francisco Law School.
Originally scheduled once a week to give people advice on
expungements and once a week to give advice on driver's
license reinstatements, the clinic has expanded tremendously
in its first year. Two clients attended the first clinic;
in October of 2000, Reilley served two hundred people. Now
held four days a week at sites around the city, it is easily
one of the busiest of VLSP's clinics.

Successfully getting a license reinstated
or a criminal record expunged requires the ability to navigate
a complex bureaucracy. Ultimately, the clinic is helping
clients achieve economic independence, but the problems
involved in doing so can be frustrating and circular: The
government wants to move people off of public support, and
people want to work, but with even a minor criminal conviction
on record, it can be impossible to get employment-forcing
people to rely on public assistance. A driver's license
suspension has the same result. Without a license, one is
ineligible for jobs that require driving-and Reilley points
out that driving is a common part of many jobs, especially
for men seeking entry-level employment. But even if people
can find jobs, it's often not possible to get to them on
public transportation.
Reilley emphasizes that the people he sees
in the clinic have made mistakes and have paid the legal
price for those mistakes. Those with criminal records have
been on probation or spent time in county jail; those who
have had their licenses revoked have completed traffic school
or mandatory community service activities. In the overwhelming
majority of license suspension cases, a client has received
a ticket, but has then failed to pay the fine or appear
in court. If people default on payments because they can't
pay the fines, the Department of Motor Vehicles is
notified by the court to revoke their licenses. Losing a
license can make it impossible for a client to get to work,
making it still more difficult to pay the fine and have
the license reinstated. As Reilley points out, "We
tell people they need to get off welfare and get jobs, but
then we erect institutional barriers to doing that. I have
guys sitting in my office who have offers of jobs that pay
fourteen, fifteen dollars an hour, and they can't take the
job because they can't get their license back." The
system benefits neither the court nor the clients. Reilley
suggests that the solution is to create a restricted license:
Barring driver safety issues, such a license would be valid
only for traveling between home and work, until all fines
are paid and all court requirements are met.
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Attorney Dennise Henderson, a longtime
VLSP volunteer, particularly remembers a clinic client who
had built a solid reputation with an employer who knew of
her minor criminal record. A police officer investigated
her record during an attempt to arrest her, and although
he had no probable cause for arrest, he did contact her
employer regarding her record. The employer, made nervous
by the police involvement, decided to fire the woman. Henderson
says, "The people at the clinic are people who want
to get back on their feet; they want to work, and they're
being held back by their records."

Although there is clearly an incredible
demand for the expungement and license reinstatement clinic,
it is very much in need of volunteers. When Reilley was
hired as the clinic coordinator, his role was supposed to
be purely an administrative one-but when the number of clients
kept increasing, and a sufficient number of volunteers did
not appear, he found a way to do much of the work himself.
Still, he says, "We have a great need for volunteer
attorneys, paralegals-I can even train law students."
The work involves helping people assess their situations
and figure out what they need to do to resolve their problem.
"It's very gratifying," Reilley says, "I
see people get their licenses, or clean up criminal records
and get jobs."
Henderson gives great reasons for doing
pro bono work through VLSP: "It gives you back much
more than you ever give. My experience has been that it's
the best day of my week. I love my clients-they're people
I really care about." Besides being a personally enriching
experience, Henderson points out that volunteering is a
terrific opportunity for professional growth. "You're
going to meet people who have the same interests, and you
make connections. Volunteering looks great on a resume;
when I applied for a job I think my volunteer experience
made a huge difference." And she adds, "I think
pro bono work is part of being an attorney, it's part of
being a public servant. We take an oath to uphold the law
and to serve, and I don't take that oath lightly."
If you are interested in volunteering for
the expungement and license reinstatement clinic, please
contact Jim Reilley at (916)551-2155, or at the Central
City Career Center clinic site at (916) 264-3372.

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