ILNews

Starting over

Back to TopCommentsE-mailPrintBookmark and Share

In January, Jerome Daniels looked forward to getting a fresh start. Newly released from prison, he hoped to find a job so he could provide for his two daughters.

“I was locked up for their whole life,” he said of his daughters, now 16 and 18. “I watched them grow up in the visiting room.”

But during the time Daniels was in prison, he was still liable for child support, which continued to accrue. When he got out, his criminal record made finding work a challenge.

For many ex-offenders, this type of predicament results in a cycle that can land them right back in prison. Without jobs, they can’t pay child support, and they may end up losing their driver’s licenses as a result which, in turn, makes finding work even more difficult.

Attorneys at Neighborhood Christian Legal Clinic hope to be able to break that cycle by working with ex-offenders through its Project GRACE, which stands for Guided Re-entry Assistance and Community Education.

Origins and evolution

The foundations of Project GRACE began with the work of Josh Abel, executive director for Neighborhood Christian Legal Clinic.

“Josh was initially the one who started doing expungement and pardons and sealing petitions, realizing just how much of a hindrance it was to have some kind of criminal record in trying to get a job, in trying to reintegrate into society,” said Chris Purnell, managing attorney. “It’s really a huge scarlet letter, and it’s hard to find work.”

project grace Mitzi Wilson, Project GRACE staff attorney, has advised Jerome Daniels on civil legal remedies. (IBJ Photo/ Perry Reichanadter)

So Project GRACE – launched late in 2010 – began to focus on how to help ex-offenders begin life anew. Project GRACE staff attorney Mitzi Wilson said many ex-offenders have several civil legal problems that they need help with, including child support, visitation and bankruptcy.

“We’ve been doing expungement for folks for years, but under the old law – prior to July 1 – it was really restrictive. So we were advising hundreds of people a year, ‘Sorry, you can’t do anything. Under current Indiana law, you’re out of luck,’” Abel said.

Year after year, Abel said he and the staff saw bills die in the Legislature that could have helped ex-offenders restrict access to their records, so they didn’t expect anything different to happen in 2011. They were pleasantly surprised when Indiana’s House Bill 1211 passed. Public Law 194 took effect in July.

Josh Abel Mug Abel

Neighborhood Christian Legal Clinic was able to hire Wilson full-time in September, due to funding from the Indianapolis Parks Foundation 2011 Community Crime Prevention Grant Program and St. Paul’s Episcopal Church.

“It’s really fortuitous that all this was in the works, so when we got the grant funding to bring Mitzi on board, she was really able to hit the ground running,” Abel said.

Latest developments

The new law has opened up more opportunities for ex-offenders to clear their records, Wilson explained.

“For individuals that have certain convictions that are either Class D felony or misdemeanor, and they’re not sex or violent offenders, they can petition for restricted access to that conviction if it’s been eight years since their sentence,” Wilson said. “There is kind of another requirement on top of that – I don’t know how clear that aspect of the law is yet – but if they have a subsequent felony within that timeframe they may or may not be eligible.”

Since July 1, Project GRACE has had one petition to restrict access to criminal records granted. Wilson withdrew one petition because the client had paperwork showing different dates for the completion of his probation. She said that petition will be re-filed in a year.

Wilson is preparing to file 15 petitions, and she said at least five cases are stuck in hearing, as the court keeps continuing the hearings.

chris purnell Purnell

Colleen White, AmeriCorps VISTA volunteer and Project GRACE associate, said because the law is so new, courts and communities are still trying to determine how it applies and what parties are restricted from access when a petition is granted.

She said that the Department of Correction, Office of the Indiana Attorney General, the state police and courts will have to work together to uphold court orders that restrict access.

“There’s a lot of confusion with the new law, and a lot of community confusion, too … so that’s one of the biggest parts, going to all these community meetings and just getting the word out there,” White said. “We’re willing to go out – if there’s an audience of one or 100 people – we’re willing to go out and clear the air.”

Reaching people

While project members can educate ex-offenders about the legal remedies available to them, they hope to be able to reach more people after conviction but before incarceration so they are aware that they can file a petition to modify child support.

“The problem is it’s such a short amount of time and that’s not big on people’s list: I’m going to prison right now, let me modify my child support,” White said. “So, we need to let them know that is available to them.”

colleen white White

The clinic conducts intakes around Indianapolis and also in northeast Indiana in Huntington and Fort Wayne, where its second office is located. Daniels learned about Project GRACE through an intake at an Indianapolis church.

He was able to find a job, but the amount garnished from his check for his younger daughter’s benefit left him struggling to make ends meet and to provide for his older daughter, who is now in college.

“We don’t really connect,” he said of his oldest daughter. “I’ve been gone her whole life, that’s a big part of it. But the other part is, she sees me as a deadbeat. I can’t come and take her to McDonald’s … kids in college, they want things, and I can’t buy her a laptop.”

Wilson has been working on getting Daniels’ garnishment reduced to a more manageable level and helping him with a driver’s license problem.

“I’ve been trying to start from this point on. I made a mistake, and I paid for my mistake through the American legal system, and now all I ask for is a second chance,” Daniels said.

Daniels said he knows that others in his position could benefit from the kind of guidance Project GRACE provides.

“One day we have to come back out here. One day, we’re going to need jobs, and we’re going to need to reintegrate into society,” he said. “It’s a whole group of people who would like a second chance.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

ADVERTISEMENT