Noah Baustin

Ebony Nolan expects trouble when she applies for a job.

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Ebony Nolan expects trouble when she applies for a job.

One time, Nolan thought she was about to get hired as a bank teller. The interview went well, but after running a background check, the bank suddenly turned her down, she said. Another time, she had already started working shifts at a local sandwich shop before her conviction was flagged during a background check. She said she left that job soon after, too.

One time, Nolan thought she was about to get hired as a bank teller. The interview went well, but after running a background check, the bank suddenly turned her down, she said. Another time, she had already started working shifts at a local sandwich shop before her conviction was flagged during a background check. She said she left that job soon after, too.

Nolan was convicted of a felony crime in 2007. Then 19 years old, she was sentenced to serve over 100 days in jail and three years of probation. But long after her incarceration ended, Nolan continues to face the fallout from her criminal conviction as it resurfaces during background checks.

Nolan was convicted of a felony crime in 2007. Then 19 years old, she was sentenced to serve over 100 days in jail and three years of probation. But long after her incarceration ended, Nolan continues to face the fallout from her criminal conviction as it resurfaces during background checks.

That’s why she recently submitted a petition to get her record cleared through a process called expungement—a general term for the collection of legal processes Californians can pursue to make their criminal history less public.&nbsp;

That’s why she recently submitted a petition to get her record cleared through a process called expungement—a general term for the collection of legal processes Californians can pursue to make their criminal history less public.&nbsp;

For Nolan, expungement would have meant that her criminal case from 15 years ago was dismissed, allowing her to lawfully say that she has no conviction on her record when applying to most jobs or housing.

For Nolan, expungement would have meant that her criminal case from 15 years ago was dismissed, allowing her to lawfully say that she has no conviction on her record when applying to most jobs or housing.

The trouble is, Nolan still owes about $700 in victim restitution, according to the San Francisco Public Defender’s Office. So prosecutors are opposing her expungement until she makes more payments to the court.&nbsp;

The trouble is, Nolan still owes about $700 in victim restitution, according to the San Francisco Public Defender’s Office. So prosecutors are opposing her expungement until she makes more payments to the court.&nbsp;

That’s left Nolan—who makes about $30,000 as the sole breadwinner for her two children—in limbo.

That’s left Nolan—who makes about $30,000 as the sole breadwinner for her two children—in limbo.

“I need to build something for them,” she said.&nbsp;

“I need to build something for them,” she said.&nbsp;

But without the expungement, that years-old conviction will continue to haunt her.

But without the expungement, that years-old conviction will continue to haunt her.

Photo illustration of a Criminal Record Disclosure form, which is a routine part of many California job applications. | Camille Cohen/The Standard

<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/08/ExpungementFees-1-1.jpg" alt="" class="wp-image-71985"/><figcaption>Photo illustration of a Criminal Record Disclosure form; a routine part of many California job applications. | Camille Cohen/The Standard</figcaption></figure>

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<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/08/ExpungementFees-1-1.jpg" alt="" class="wp-image-71985"/><figcaption>Photo illustration of a Criminal Record Disclosure form; a routine part of many California job applications. | Camille Cohen/The Standard</figcaption></figure>

<h2 class="wp-block-heading" id="h-a-fresh-start">A Fresh Start</h2>

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<h2 id="h-a-fresh-start">A Fresh Start</h2>

The <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1106">Fresh Start Act</a>—which is awaiting action on Gov. Gavin Newsom’s desk—would remove this financial barrier for Nolan and others seeking expungement. The proposed law, authored by state Sen. Scott Wiener, D-San Francisco, would prevent courts from denying an expungement because the person owes an outstanding restitution debt.&nbsp;

The <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1106">Fresh Start Act</a>—which is awaiting action on Gov. Gavin Newsom’s desk—would remove this financial barrier for Nolan and others seeking expungement. The proposed law, authored by state Sen. Scott Wiener, D-San Francisco, would prevent courts from denying an expungement because the person owes an outstanding restitution debt.&nbsp;

If passed, people throughout California who owe court fees will gain an easier path to clearing their records.&nbsp;

If passed, people throughout California who owe court fees will gain an easier path to clearing their records.&nbsp;

Ebony Nolan, who still faces fallout from a felony conviction when she was 19, stands for a portrait on Tuesday, Aug. 30, 2022, in San Francisco, Calif. | Noah Berger for The Standard

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/08/EbonyNolan05-2500x1663.jpg" alt="" class="wp-image-71988"/><figcaption>Ebony Nolan, who still faces fallout from a felony conviction when she was 19, stands for a portrait on Tuesday, Aug. 30, 2022, in San Francisco. | Noah Berger for The Standard</figcaption></figure>

Advocates for the Fresh Start Act say that tying expungement to people’s debts unfairly punishes the poorest defendants, and, in a twist of irony, prevents them from getting the jobs that could enable them to pay down the sum.&nbsp;

Advocates for the Fresh Start Act say that tying expungement to people’s debts unfairly punishes the poorest defendants, and, in a twist of irony, prevents them from getting the jobs that could enable them to pay down the sum.&nbsp;

But defraying victim restitution fees from expungement will get rid of an important incentive to pay people harmed by crimes the financial amends they’re entitled to, said Kathy Storton, a retired prosecutor and member of the CA District Attorney’s Association Legislation Committee. Her organization opposes the bill, arguing that judges already have the discretion to grant expungements to defendants who owe outstanding fees.

But defraying victim restitution fees from expungement will get rid of an important incentive to pay people harmed by crimes the financial amends they’re entitled to, said Kathy Storton, a retired prosecutor and member of the CA District Attorney’s Association Legislation Committee. Her organization opposes the bill, arguing that judges already have the discretion to grant expungements to defendants who owe outstanding fees.

If the governor vetoes Wiener’s bill—as he’s already done to another high-profile would-be law <a href="https://sfstandard.com/public-health/gov-newsom-vetoes-safe-drug-use-site-bill-citing-unintended-consequences/">this legislative session</a>—then here in SF, prosecutors in District Attorney Brooke Jenkins’s office will retain significant influence over who can get their record expunged. And local judges will continue to have the final say on the issue.

If the governor vetoes Wiener’s bill—as he’s already done to another high-profile would-be law <a href="https://sfstandard.com/public-health/gov-newsom-vetoes-safe-drug-use-site-bill-citing-unintended-consequences/">this legislative session</a>—then here in SF, prosecutors in District Attorney Brooke Jenkins’s office will retain significant influence over who can get their record expunged. And local judges will continue to have the final say on the issue.

<h2 class="wp-block-heading" id="h-debt-to-society">Debt to Society</h2>

<h2 id="h-debt-to-society">Debt to Society</h2>

Each year, tens of thousands of people are convicted of crimes across California, <a href="https://www.courts.ca.gov/documents/2022-Court-Statistics-Report.pdf">according to data from the Judicial Council of California</a>, the policymaking body of the state’s court system.&nbsp;

Each year, tens of thousands of people are convicted of crimes across California, <a href="https://www.courts.ca.gov/documents/2022-Court-Statistics-Report.pdf">according to data from the Judicial Council of California</a>, the policymaking body of the state’s court system.&nbsp;

Pedestrians walk around the of San Francisco Superior Court, Hall of Justice (HOJ), at 850 Bryant St, San Francisco, CA 94103 on Monday, August 15, 2022. | Camille Cohen/The Standard

<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/08/HallOfJustice-06.jpg" alt="" class="wp-image-71991"/><figcaption>A pedestrian passes the Hall of Justice, home to the San Francisco Superior Court, in San Francisco on Monday, August 15, 2022. | Camille Cohen/The Standard</figcaption></figure>

But even after they serve time behind bars and complete parole and probation, many are left with another debt to society: court fees. Some are fines, which can range from a few hundred dollars up to $10,000.

But even after they serve time behind bars and complete parole and probation, many are left with another debt to society: court fees. Some are fines, which can range from a few hundred dollars up to $10,000.

Courts also issue orders of restitution, which require convicts to pay money directly to a victim to cover costs that person incurred as a result of the crime, including the value of stolen property, medical treatment, wages lost due to an injury and more.&nbsp;

Courts also issue orders of restitution, which require convicts to pay money directly to a victim to cover costs that person incurred as a result of the crime, including the value of stolen property, medical treatment, wages lost due to an injury and more.&nbsp;

The median amount that California courts order defendants to pay to crime survivors is $10,000, Delaney Green, Clinical Supervisor at the UC Berkeley School of Law, found in an unpublished study of 15 counties. The study did not include San Francisco.

The median amount that California courts order defendants to pay to crime survivors is $10,000, Delaney Green, Clinical Supervisor at the UC Berkeley School of Law, found in an unpublished study of 15 counties. The study did not include San Francisco.

Currently, people convicted of crimes in the San Francisco Superior Court owe a combined outstanding balance of over $11.8 million to crime victims, according to data provided by the court. That figure includes fee accounts created in the past five years, so the grand total that San Franciscians owe in victim restitution is surely higher.

Currently, people convicted of crimes in the San Francisco Superior Court owe a combined outstanding balance of over $11.8 million to crime victims, according to data provided by the court. That figure includes fee accounts created in the past five years, so the grand total that San Franciscians owe in victim restitution is surely higher.

These restitution fees are a significant hurdle for San Franciscians seeking expungements, explained Vilaska Nguyen, a managing attorney in the Public Defender’s Office Specialty and Collaborative Unit.

These restitution fees are a significant hurdle for San Franciscians seeking expungements, explained Vilaska Nguyen, a managing attorney in the Public Defender’s Office Specialty and Collaborative Unit.

“If there’s a red flag with victim’s restitution, generally the DAs are going to object,” he said.

“If there’s a red flag with victim’s restitution, generally the DAs are going to object,” he said.

The vast majority of expungement motions filed by the city’s Public Defender’s Office in recent years have been granted, according to data the agency shared with The Standard. For the past three years, about 95% of expungement motions were granted. But even with that high approval rate, dozens of people in 2020 and 2021 failed to get their records cleared—often because they still owed victim restitution, Nguyen said.

The vast majority of expungement motions filed by the city’s Public Defender’s Office in recent years have been granted, according to data the agency shared with The Standard. For the past three years, about 95% of expungement motions were granted. But even with that high approval rate, dozens of people in 2020 and 2021 failed to get their records cleared—often because they still owed victim restitution, Nguyen said.

The majority of the cases during that time period arose during the tenure of former District Attorney Chesa Boudin. But in 2019, the year before the former public defender became the city’s top prosecutor, the number of granted expungements was significantly lower, coming in at 82%. That year, over 300 people were blocked from getting their cases expunged.

The majority of the cases during that time period arose during the tenure of former District Attorney Chesa Boudin. But in 2019, the year before the former public defender became the city’s top prosecutor, the number of granted expungements was significantly lower, coming in at 82%. That year, over 300 people were blocked from getting their cases expunged.

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“Boudin’s administration was by far the most progressive and understanding compared to his predecessors,” San Francisco Deputy Public Defender Kelly Pretzer wrote in an email when asked to compare recent district attorneys’ records on expungement. “We are hopeful that DA Jenkins continues the practice of supporting people who have turned their lives around, particularly for those people who owe restitution on their cases.”

“Boudin’s administration was by far the most progressive and understanding compared to his predecessors,” San Francisco Deputy Public Defender Kelly Pretzer wrote in an email when asked to compare recent district attorneys’ records on expungement. “We are hopeful that DA Jenkins continues the practice of supporting people who have turned their lives around, particularly for those people who owe restitution on their cases.”

“The District Attorney’s Office follows the law, and objects in cases where probation conditions have not been met, including restitution requirements. The office has operated this way since DA Gascon’s tenure,” said Randy Quezada, spokesperson for the SF District Attorney’s Office. Quezada declined to comment further on the office’s expungement policies, or any of the data presented in this story.

“The District Attorney’s Office follows the law, and objects in cases where probation conditions have not been met, including restitution requirements. The office has operated this way since DA Gascon’s tenure,” said Randy Quezada, spokesperson for the SF District Attorney’s Office. Quezada declined to comment further on the office’s expungement policies, or any of the data presented in this story.

So far, that data indicates that Jenkins’ administration is taking a tougher tack on expungement than her predecessor. There have been seven expungement cases where outstanding victim restitution was at issue since Mayor London Breed appointed her DA in early July.&nbsp;

So far, that data indicates that Jenkins’ administration is taking a tougher tack on expungement than her predecessor. There have been seven expungement cases where outstanding victim restitution was at issue since Mayor London Breed appointed her DA in early July.&nbsp;

SF new District Attorney, Brooke Jenkins, on Thursday, July 7, 2022, in San Francisco, Calif. Paul Kuroda for The Standard.

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/08/DAAppointment-_PK_.jpg64-2500x1667.jpg" alt="" class="wp-image-72001"/><figcaption>Mayor London Breed announced the appointment of Brooke Jenkins to the position of San Francisco District Attorney on Thursday, July 7, 2022 in San Francisco. Jenkins replaced Chesa Boudin, who was recalled by the voters of the city. | Paul Kuroda for The Standard</figcaption></figure>

Her office has opposed every expungement.

Her office has opposed every expungement.

In one case, a man with a 2006 conviction for assault with a deadly weapon owes the court over $2,700 and has an annual income of under $10,000. His case was postponed so he could begin making “good faith payments” on his debt to the court before giving expungement a second shot.&nbsp;

In one case, a man with a 2006 conviction for assault with a deadly weapon owes the court over $2,700 and has an annual income of under $10,000. His case was postponed so he could begin making “good faith payments” on his debt to the court before giving expungement a second shot.&nbsp;

Another man was convicted in 2010 of illegal possession of an assault weapon. He owes the court over $16,200 and earns over $112,000 annually. He also agreed to withdraw his case to refile after paying down more of the debt.

Another man was convicted in 2010 of illegal possession of an assault weapon. He owes the court over $16,200 and earns over $112,000 annually. He also agreed to withdraw his case to refile after paying down more of the debt.

<h2 class="wp-block-heading">‘I’m a Good Person Again’</h2>

Celeste Saldaña was inspired by the resilient work of medical workers during Covid, so the mother of five decided last year to become a medical assistant. She juggled childcare and a graveyard shift at Amazon to put herself through school while also putting in work for a volunteer externship at an urgent care center. She was thrilled when the urgent care center offered her a job.&nbsp;

Celeste Saldaña was inspired by the resilient work of medical workers during Covid, so the mother of five decided last year to become a medical assistant. She juggled childcare and a graveyard shift at Amazon to put herself through school while also putting in work for a volunteer externship at an urgent care center. She was thrilled when the urgent care center offered her a job.&nbsp;

The excitement quickly subsided.&nbsp;

“When they did the background check,” she said, “my conviction came up.”

“When they did the background check,” she said, “my conviction came up.”

Saldaña, who was convicted of a crime in 2017, rushed to the courthouse that day to file the paperwork for an expungement. Reassured that the process was underway, the urgent care center brought her on as a medical assistant.

Saldaña, who was convicted of a crime in 2017, rushed to the courthouse that day to file the paperwork for an expungement. Reassured that the process was underway, the urgent care center brought her on as a medical assistant.

Earlier this month, a judge granted Saldaña—who owes over $4,000 in victim restitution—an expungement over the objection of the prosecutor, according to data from the Public Defender’s Office.

Earlier this month, a judge granted Saldaña—who owes over $4,000 in victim restitution—an expungement over the objection of the prosecutor, according to data from the Public Defender’s Office.

“It shows that I’m a good person again,” she said. “I didn’t make the same error after error after error and never want to better myself.”

“It shows that I’m a good person again,” she said. “I didn’t make the same error after error after error and never want to better myself.”

Instead of the person she used to be, the person who was always fighting, she said she’s now a medical assistant who translates for Spanish-speaking patients at her care center.

Instead of the person she used to be, the person who was always fighting, she said she’s now a medical assistant who translates for Spanish-speaking patients at her care center.

Ebony Nolan, meanwhile, was crushed earlier this summer when she learned she didn’t get her record expunged because of outstanding court fees. She currently hosts local pop-ups selling her signature “Bossy Wings” chicken and dreams of growing the passion project into a full-fledged company. But she fears her criminal conviction will hamper her every step of the way once she starts the process of launching a business.

Ebony Nolan, meanwhile, was crushed earlier this summer when she learned she didn’t get her record expunged because of outstanding court fees. She currently hosts local pop-ups selling her signature “Bossy Wings” chicken and dreams of growing the passion project into a full-fledged company. But she fears her criminal conviction will hamper her every step of the way once she starts the process of launching a business.

“I don’t want to have this over my head,” Nolan said. “I know that I shouldn&#8217;t have made the mistake, but at the end of the day, I can’t take it back. The only thing I can do is move forward.”

“I don’t want to have this over my head,” Nolan said. “I know that I shouldn't have made the mistake, but at the end of the day, I can’t take it back. The only thing I can do is move forward.”

“I don’t want to have this over my head,” Nolan said. “I know that I shouldn&#8217;t have made the mistake, but at the end of the day, I can’t take it back. The only thing I can do is move forward.”

Ebony Nolan, who still faces fallout from a felony conviction when she was 19, reads a document while working at Young Community Developers on Tuesday, Aug. 30, 2022, in San Francisco. Noah Berger for The Standard

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/08/EbonyNolan12-2500x1663.jpg" alt="" class="wp-image-71997"/><figcaption>Ebony Nolan, who still faces fallout from a felony conviction when she was 19, reads a document while working at Young Community Developers on Tuesday, Aug. 30, 2022, in San Francisco. | Noah Berger for The Standard</figcaption></figure>

SF prosecutors prevent people with court debts from clearing criminal records. A state bill could change that

Jonah Owen Lamb

A woman whose rape kit was used by San Francisco police to build a burglary case against her is suing the city for what her attorneys call an egregious civil rights violation.&nbsp;

A woman whose rape kit was used by San Francisco police to build a burglary case against her is suing the city for what her attorneys call an egregious civil rights violation.&nbsp;

The suit filed in federal court Monday under the alias “Jane Doe” says that SFPD, from at least 2015 until this year, ran DNA samples from sexual assault victims through a database that checked for matches from genetic material collected from a wide array of crime scenes.&nbsp;

The suit filed in federal court Monday under the alias “Jane Doe” says that SFPD, from at least 2015 until this year, ran DNA samples from sexual assault victims through a database that checked for matches from genetic material collected from a wide array of crime scenes.&nbsp;

Doe and her attorneys—Adante Pointer and colleagues from law firm Pointer &amp; Buelna LLP—are demanding a jury trial in the U.S. Northern District of California for a practice they say violated her constitutional rights as well as those of an untold number of other sexual assault victims.&nbsp;

Doe and her attorneys—Adante Pointer and colleagues from law firm Pointer &amp; Buelna LLP—are demanding a jury trial in the U.S. Northern District of California for a practice they say violated her constitutional rights as well as those of an untold number of other sexual assault victims.&nbsp;

Meanwhile, it remains unclear if the police department completed a promised audit to review the scope of the practice.

Meanwhile, it remains unclear if the police department completed a promised audit to review the scope of the practice.

“This case brings to light the San Francisco Police Department’s shocking practice of placing crime victims’ DNA into a permanent database without the victims’ knowledge or consent,” the lawsuit states. “There are reportedly thousands of people who are being subjected to this arbitrary, unlawful unconstitutional invasion of privacy.”

“This case brings to light the San Francisco Police Department’s shocking practice of placing crime victims’ DNA into a permanent database without the victims’ knowledge or consent,” the lawsuit states. “There are reportedly thousands of people who are being subjected to this arbitrary, unlawful unconstitutional invasion of privacy.”

The lawsuit filed this week echoes many of the <a href="https://sfstandard.com/criminal-justice/sf-police-woman-dna-rape-kit-arrest-legal-claim/">details Doe shared</a> earlier this year when announcing plans to mount a legal challenge. It describes how she reported her rape to SFPD in November 2016 and submitted biological evidence collected by nurses and doctors as part of her sexual assault kit.&nbsp;&nbsp;

The lawsuit filed this week echoes many of the <a href="https://sfstandard.com/criminal-justice/sf-police-woman-dna-rape-kit-arrest-legal-claim/">details Doe shared</a> earlier this year when announcing plans to mount a legal challenge. It describes how she reported her rape to SFPD in November 2016 and submitted biological evidence collected by nurses and doctors as part of her sexual assault kit.&nbsp;&nbsp;

Jane Doe in Oakland, Calif on Monday, September 12, 2022. Jane Doe, a rape survivor, had her rape kit used by San Francisco police to build a burglary case against her and she is suing the city for what her attorneys call an egregious civil rights violation. | Katie Rodriguez for The Standard

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/09/DNASuit091222-42-2105x2500.jpg" alt="" class="wp-image-74675"/><figcaption>Jane Doe in Oakland on Monday, Sept. 12, 2022. | Katie Rodriguez for The Standard</figcaption></figure>

Nearly five years later, that DNA was used against her.&nbsp;

Nearly five years later, that DNA was used against her.&nbsp;

In December 2021, SFPD matched DNA collected in a burglary investigation with the biological samples from her rape kit and obtained a warrant for her arrest.&nbsp;

In December 2021, SFPD matched DNA collected in a burglary investigation with the biological samples from her rape kit and obtained a warrant for her arrest.&nbsp;

A month later, she said she called police to intervene in a domestic dispute she was having with her boyfriend. When officers showed up, she said they arrested her and let her boyfriend go.&nbsp;

A month later, she said she called police to intervene in a domestic dispute she was having with her boyfriend. When officers showed up, she said they arrested her and let her boyfriend go.&nbsp;

“I was confused,” Doe, a mother in her 20s, told The Standard on condition of anonymity.

“I was confused,” Doe, a mother in her 20s, told The Standard on condition of anonymity.

The burglary charges were eventually dropped after former District Attorney <a href="https://sfstandard.com/criminal-justice/da-boudin-accuses-police-of-using-dna-from-sexual-assault-survivors-to-probe-unrelated-crimes/">Chesa Boudin exposed</a> what happened earlier this year. The woman was about to be arraigned when her attorney, Deputy Public Defender Will Helvestine, told her how police had used the rape kit to arrest her.

The burglary charges were eventually dropped after former District Attorney <a href="https://sfstandard.com/criminal-justice/da-boudin-accuses-police-of-using-dna-from-sexual-assault-survivors-to-probe-unrelated-crimes/">Chesa Boudin exposed</a> what happened earlier this year. The woman was about to be arraigned when her attorney, Deputy Public Defender Will Helvestine, told her how police had used the rape kit to arrest her.

“I said, ‘Huh, can you tell me that again?’” she recounted. “I couldn’t believe it. Did he say what he really told me?&#8221;&nbsp;

“I said, ‘Huh, can you tell me that again?’” she recounted. “I couldn’t believe it. Did he say what he really told me?"&nbsp;

“I said, ‘Huh, can you tell me that again?’” she recounted. “I couldn’t believe it. Did he say what he really told me?&#8221;&nbsp;

She said she had no idea SFPD would keep her DNA and use it for other purposes—let alone to criminalize her.&nbsp;

She said she had no idea SFPD would keep her DNA and use it for other purposes—let alone to criminalize her.&nbsp;

“They might as well have put a leash around my neck and walked me like a dog,” she said, “because I’m getting treated like one.”

“They might as well have put a leash around my neck and walked me like a dog,” she said, “because I’m getting treated like one.”

Doe said being arrested after summoning police for help during a domestic disturbance retraumatized her—not only by prompting flashbacks to her sexual assault but also to the death of her mother after suffering domestic violence.

Doe said being arrested after summoning police for help during a domestic disturbance retraumatized her—not only by prompting flashbacks to her sexual assault but also to the death of her mother after suffering domestic violence.

“It’s just reliving trauma,” Doe said. “I was hurt again there. I just felt betrayed.”

“It’s just reliving trauma,” Doe said. “I was hurt again there. I just felt betrayed.”

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/09/DNASuit091222-2-scaled.jpg" alt="" class="wp-image-74682"/><figcaption>Jane Doe in Oakland on Monday, Sept. 12, 2022. | Katie Rodriguez for The Standard</figcaption></figure>

Whatever the outcome of her federal case, Doe said she would like a personal apology for what she went through.&nbsp;

Whatever the outcome of her federal case, Doe said she would like a personal apology for what she went through.&nbsp;

“I feel like someone needs to have taken action,” she said. “We’re all people, right?”&nbsp;

“I feel like someone needs to have taken action,” she said. “We’re all people, right?”&nbsp;

<h2 class="wp-block-heading" id="h-ongoing-fallout">Ongoing Fallout</h2>

<h2 id="h-ongoing-fallout">Ongoing Fallout</h2>

Since the public revelation that DNA was being used to prosecute victims, SFPD vowed to end the practice. The department also began a review to determine how long it should preserve genetic evidence.&nbsp;

Since the public revelation that DNA was being used to prosecute victims, SFPD vowed to end the practice. The department also began a review to determine how long it should preserve genetic evidence.&nbsp;

The status of that proposed policy change and the inquiry into whether any other DNA matches led to arrests have yet to be made public.&nbsp;

The status of that proposed policy change and the inquiry into whether any other DNA matches led to arrests have yet to be made public.&nbsp;

SFPD, which as a policy does not comment on ongoing lawsuits, did not respond to questions about the audit or the new DNA retention timetable.&nbsp;

SFPD, which as a policy does not comment on ongoing lawsuits, did not respond to questions about the audit or the new DNA retention timetable.&nbsp;

About a month after Doe went public with her story, however, the San Francisco Board of Supervisors passed a measure to address the issue by barring police from storing crime scene DNA, including rape kits, in city databases for more than 60 days.

About a month after Doe went public with her story, however, the San Francisco Board of Supervisors passed a measure to address the issue by barring police from storing crime scene DNA, including rape kits, in city databases for more than 60 days.

Meanwhile, similar state legislation by state Sen. Scott Wiener passed both houses of the state legislature and awaits the governor&#8217;s signature. Senate Bill 1228 prohibits the retention of DNA collected from victims by law enforcement — including rape kits for sexual assault survivors.

Meanwhile, similar state legislation by state Sen. Scott Wiener passed both houses of the state legislature and awaits the governor's signature. Senate Bill 1228 prohibits the retention of DNA collected from victims by law enforcement — including rape kits for sexual assault survivors.

Meanwhile, similar state legislation by state Sen. Scott Wiener passed both houses of the state legislature and awaits the governor&#8217;s signature. Senate Bill 1228 prohibits the retention of DNA collected from victims by law enforcement — including rape kits for sexual assault survivors.

This is hardly the first time SPFD has found itself in hot water over the way it handles rape cases.&nbsp;

This is hardly the first time SPFD has found itself in hot water over the way it handles rape cases.&nbsp;

For years, the department failed to test rape kit DNA in a timely manner, which ostensibly meant potential perpetrators walked free. In 2017, SFPD announced it had finally <a href="https://www.sfexaminer.com/news/sfpd-in-full-compliance-with-rape-kit-testing-rules/article_004eb365-96e7-54a1-b10b-0eedafa4c9f4.html">cleared its decades-old</a> backlog, though it’s unclear if that resulted in any prosecutions of rapists or exonerations of falsely accused suspects.

For years, the department failed to test rape kit DNA in a timely manner, which ostensibly meant potential perpetrators walked free. In 2017, SFPD announced it had finally <a href="https://www.sfexaminer.com/news/sfpd-in-full-compliance-with-rape-kit-testing-rules/article_004eb365-96e7-54a1-b10b-0eedafa4c9f4.html">cleared its decades-old</a> backlog, though it’s unclear if that resulted in any prosecutions of rapists or exonerations of falsely accused suspects.

Woman sues SF police after ‘shocking’ use of her rape kit DNA

Manuela Tobias at CalMatters

David Sjostedt

When California legislators voted last June to again extend eviction protections, they promised <a href="https://calmatters.org/housing/2021/06/california-eviction-moratorium-deal/">the third time would be the charm</a>.

When California legislators voted last June to again extend eviction protections, they promised <a href="https://calmatters.org/housing/2021/06/california-eviction-moratorium-deal/">the third time would be the charm</a>.

But the state’s rent relief program, which has <a href="https://calmatters.org/housing/2021/04/california-rent-relief-tenants/">struggled to reach the neediest tenants and landlords from the start</a>, continues to lag. As of last week, the state has paid $2.4 billion to about <a href="https://housing.ca.gov/covid_rr/dashboard.html">214,000 households</a> — fewer than half of all who have applied for aid.&nbsp;

But the state’s rent relief program, which has <a href="https://calmatters.org/housing/2021/04/california-rent-relief-tenants/">struggled to reach the neediest tenants and landlords from the start</a>, continues to lag. As of last week, the state has paid $2.4 billion to about <a href="https://housing.ca.gov/covid_rr/dashboard.html">214,000 households</a> — fewer than half of all who have applied for aid.&nbsp;

In San Francisco, a little over half of the 19,021 households that have applied to the state&#8217;s program have received relief so far. As of March 22, a total of 9,512 local households had received an average of $11,461 through the program, bringing the total relief distributed in San Francisco through the state’s program to $109 million. A smaller, local relief program run by the city has distributed $21 million to 2,996 households.

In San Francisco, a little over half of the 19,021 households that have applied to the state's program have received relief so far. As of March 22, a total of 9,512 local households had received an average of $11,461 through the program, bringing the total relief distributed in San Francisco through the state’s program to $109 million. A smaller, local relief program run by the city has distributed $21 million to 2,996 households.

In San Francisco, a little over half of the 19,021 households that have applied to the state&#8217;s program have received relief so far. As of March 22, a total of 9,512 local households had received an average of $11,461 through the program, bringing the total relief distributed in San Francisco through the state’s program to $109 million. A smaller, local relief program run by the city has distributed $21 million to 2,996 households.

Delays in distributing state funds — one study found that the average tenant waited <a href="https://calmatters.org/housing/2022/03/california-rent-relief-wait/">about three months to get paid</a> — forced legislators’ hands: Last Thursday, the state’s top legislative leaders struck another last-minute deal designed to stave off eviction for another three months for hundreds of thousands of renters who have applied for relief but are still waiting to hear back.&nbsp;

Delays in distributing state funds — one study found that the average tenant waited <a href="https://calmatters.org/housing/2022/03/california-rent-relief-wait/">about three months to get paid</a> — forced legislators’ hands: Last Thursday, the state’s top legislative leaders struck another last-minute deal designed to stave off eviction for another three months for hundreds of thousands of renters who have applied for relief but are still waiting to hear back.&nbsp;

<a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2179">Assembly Bill 2179</a>&nbsp;was approved today by the Assembly on a 60-0 vote. To pass, it requires two-thirds majorities in both the Assembly and state Senate. The current law, set to expire Thursday, says a judge must pause an eviction proceeding if a rent relief application is pending. The new legislation, expected to go into effect by Thursday, would shield tenants through June 30 as the state continues to process their paperwork.

<a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2179">Assembly Bill 2179</a>&nbsp;was approved today by the Assembly on a 60-0 vote. To pass, it requires two-thirds majorities in both the Assembly and state Senate. The current law, set to expire Thursday, says a judge must pause an eviction proceeding if a rent relief application is pending. The new legislation, expected to go into effect by Thursday, would shield tenants through June 30 as the state continues to process their paperwork.

“It is on us to take care of the thousands of Californians — landlords and tenants alike — who reached out to COVID-19 emergency rental assistance programs for help and still have their applications pending,” said Assemblymember Tim Grayson, a Concord Democrat who is the bill’s co-author.

“It is on us to take care of the thousands of Californians — landlords and tenants alike — who reached out to COVID-19 emergency rental assistance programs for help and still have their applications pending,” said Assemblymember Tim Grayson, a Concord Democrat who is the bill’s co-author.

“It would be cruel, wasteful and unfair to subject these Californians to eviction or the loss of rental income now, when they have done everything asked of them, and distribution of their emergency rental assistance is imminent,” he said in a statement.

“It would be cruel, wasteful and unfair to subject these Californians to eviction or the loss of rental income now, when they have done everything asked of them, and distribution of their emergency rental assistance is imminent,” he said in a statement.

But renters who do not <a href="https://housing.ca.gov/covid_rr/index.html">apply to the program</a> by the Thursday deadline will not receive any protections. Landlords will still be able to take those tenants to court over missed rent starting Friday.

But renters who do not <a href="https://housing.ca.gov/covid_rr/index.html">apply to the program</a> by the Thursday deadline will not receive any protections. Landlords will still be able to take those tenants to court over missed rent starting Friday.

The bill would also pre-empt several local moratoriums that are set to extend past the state’s. San Francisco city officials passed <a href="https://sfgov.legistar.com/View.ashx?M=F&amp;ID=10654230&amp;GUID=190AEC92-6F3D-4ACA-9700-E5C830A3C8C8">legislation</a> on March 11 that lengthened protections from evictions until the end of Mayor London Breed’s Covid emergency declaration.&nbsp;

The bill would also pre-empt several local moratoriums that are set to extend past the state’s. San Francisco city officials passed <a href="https://sfgov.legistar.com/View.ashx?M=F&amp;ID=10654230&amp;GUID=190AEC92-6F3D-4ACA-9700-E5C830A3C8C8">legislation</a> on March 11 that lengthened protections from evictions until the end of Mayor London Breed’s Covid emergency declaration.&nbsp;

Senator Scott Wiener and Assemblymember Phil Ting condemned the new state bill for “playing favorites” by leaving local moratoriums in some jurisdictions but not in others in a joint statement Monday.

Senator Scott Wiener and Assemblymember Phil Ting condemned the new state bill for “playing favorites” by leaving local moratoriums in some jurisdictions but not in others in a joint statement Monday.

“There is no policy rationale for overriding local eviction protections in San Francisco, etc., while allowing other cities to protect their renters,” the statement said.&nbsp;

“There is no policy rationale for overriding local eviction protections in San Francisco, etc., while allowing other cities to protect their renters,” the statement said.&nbsp;

California has about $5.4 billion in federal funds to help qualified applicants with 100% of unpaid rent dating back to April 2020, some of which is being distributed by local rent relief programs. Lawmakers last month <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB115">authorized more state spending</a> if the federal dollars don’t cover the costs.

California has about $5.4 billion in federal funds to help qualified applicants with 100% of unpaid rent dating back to April 2020, some of which is being distributed by local rent relief programs. Lawmakers last month <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB115">authorized more state spending</a> if the federal dollars don’t cover the costs.

Senate President Pro Tem Toni Atkins, a San Diego Democrat, and Assembly Speaker Anthony Rendon, a Lakewood Democrat, <a href="https://sd39.senate.ca.gov/news/20220324-legislative-leaders-issue-statement-extension-rent-relief-legislation">endorsed the new bill in a joint statement</a> Thursday, promising it would move quickly through both houses.

Senate President Pro Tem Toni Atkins, a San Diego Democrat, and Assembly Speaker Anthony Rendon, a Lakewood Democrat, <a href="https://sd39.senate.ca.gov/news/20220324-legislative-leaders-issue-statement-extension-rent-relief-legislation">endorsed the new bill in a joint statement</a> Thursday, promising it would move quickly through both houses.

Gov. Gavin Newsom appears likely to sign the bill. A spokesperson told CalMatters in an email: “The governor strongly supports an extension that continues to protect tenants well into the summer and ensures that every eligible applicant is protected under this nation-leading rent relief program as it winds down.”

Gov. Gavin Newsom appears likely to sign the bill. A spokesperson told CalMatters in an email: “The governor strongly supports an extension that continues to protect tenants well into the summer and ensures that every eligible applicant is protected under this nation-leading rent relief program as it winds down.”

Local protections at risk&nbsp;&nbsp;&nbsp;

<h3 class="wp-block-heading" id="h-local-protections-at-risk">Local protections at risk&nbsp;&nbsp;&nbsp;</h3>

On Friday, the <a href="https://cal-rha.org/">California Rental Housing Association</a>, which says it represents more than 20,000 landlords with 575,000 units across the state, issued a statement opposing the bill. The group said that statewide eviction protections are no longer necessary, and it urged the timely payment of rent relief. (Some major provisions of the statewide moratorium expired Sept. 30.)

On Friday, the <a href="https://cal-rha.org/">California Rental Housing Association</a>, which says it represents more than 20,000 landlords with 575,000 units across the state, issued a statement opposing the bill. The group said that statewide eviction protections are no longer necessary, and it urged the timely payment of rent relief. (Some major provisions of the statewide moratorium expired Sept. 30.)

“Enough is enough,” said Christine Kevane La Marca, CalRHA president. “By halting applications for those in need, and extending the eviction moratorium, rental housing providers are being forced to carry the financial weight of the pandemic and some of them will lose their properties as a result.”

“Enough is enough,” said Christine Kevane La Marca, CalRHA president. “By halting applications for those in need, and extending the eviction moratorium, rental housing providers are being forced to carry the financial weight of the pandemic and some of them will lose their properties as a result.”

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