Nearly two decades ago, on a high desert road in San Bernardino County, Sara Rodriguez was pulled over and arrested with 10 small packets of cannabis in her car. She was convicted of a felony, possession of the drug for sale, and eventually spent more than two years in prison.
In the years since, Rodriguez, 39, became the first in her family to go to college, and in June graduated from UCLA with a master’s degree in social welfare.
But Rodriguez still has a felony on her record — a potential black mark for employers and the state social work licensing board.
When California voters legalized cannabis for recreational use in 2016, one promise was the creation of a legal pathway through the courts for clearing many past marijuana-related convictions or reducing them to a lesser charge.
At least 34,000 marijuana records still have not been fully processed by the courts, according to an analysis of data provided by court officials throughout the state. The number was more than twice that in August, before The Times began questioning the slow processing times.
The delays in clearing drug charges can have dire consequences for those seeking employment, professional licensing, housing, loans and in other instances in which background checks are required.
The courts have emerged as the primary bottleneck in a process that has entangled the state Department of Justice and prosecutors’ offices in 58 counties. Although a number of counties have moved aggressively to clear records, many others have moved at a snail’s pace. Some courts — including in Riverside and San Bernardino, where Rodriguez was convicted — haven’t fully processed a single case.
San Bernardino County Superior Court “was severely impacted by COVID-19 with being partially closed for 75 days, and experienced staffing shortages, illnesses and quarantining, along with severe budget reductions,” spokeswoman Julie Van Hook wrote in an email.
But many advocates see the delays as a continuation of a long pattern of failing to address the disparate impact of drug policies on people of color, especially for Black Californians, who for decades have had the highest arrest rates in the state.
“When it’s an issue that is largely impacting Black people, we move slowly on getting things done,” said Eliana Green, an attorney at the Hood Incubator, which advocates for racial and economic equity in the cannabis industry.
California Atty. Gen. Rob Bonta, who authored the law to clear criminal records while he served in the state Legislature, acknowledged problems with its implementation.
About 117,000 Californians have gotten…
Credit:Source link