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Santa Clara County cuts legal aid to homeless residents

Budget cuts are threatening vital services in Santa Clara County — including an outreach program that brought legal aid to people living in homeless encampments.

The Santa Clara County Public Defender's Office started going out to encampments during the COVID-19 lockdown in 2020 when courts closed.

What began as efforts to give relief, such as warm clothes, tarps, naloxone and information on COVID, evolved into providing legal services and clearing criminal records. Advocates and participants said the program made a difference.

San Jose Spotlight reports that now due to nearly seven million dollars in cuts to the office, these outreach programs are ending, along with pre-arraignment services that helped reduce an individual's pretrial jail time.

To clear peoples' records, public defenders first ask residents to sign a consent form to release their legal information. Attorneys review their criminal histories and fines, then submit petitions to the Santa Clara County District Attorney's Office for expungement consideration. If approved, a judge then reviews the cases. Once a judge signs off, the record is cleared.

People with records are often hesitant to engage with the criminal justice system. Some don't have access to transportation or don't want to leave encampments for fear of having their belongings stolen.

The Spotlight reports these legal services will end in June.

Sunni M. Khalid is a veteran of more than 40 years in journalism, having worked in print, radio, television, and web journalism.