Charlotte Center for Legal Advocacy is working to help those with suspended licenses understand their eligibility for fee forgiveness, and provide direct legal assistance to others. The goal of the organization’s Driver’s License Restoration program is to help Charlotteans drive legally, improving their access to employment, education and opportunity.
“Speeding tickets and court fines are a relatively minor expense for many of us,” explained attorney Lashieka Hardin who coordinates Charlotte Center for Legal Advocacy’s Community Redevelopment project. “But for many Charlotte residents, those expenses compete with critical priorities like putting food on the table and keeping the lights on.”
One in seven North Carolina residents has had their driver’s license suspended, most often for simple violations that include running stop signs, speeding and failing to pay court fees and fines. Without the ability to legally drive to school, work or appointments, community members with suspended licenses face significant barriers to economic mobility. Without access to representation and funds to pay court fees and apply for restoration, these residents can face misdemeanor convictions and even incarceration.
Several government and community partners are tackling this problem from different angles to help North Carolina residents, and Charlotte Center for Legal Advocacy is filling in the gaps. The Mecklenburg County District Attorney’s Office has forgiven fees for more than 11,000 residents who have lost their licenses.
Charlotte Center for Legal Advocacy will provide support for those listed in the database, and help those not listed understand their eligibility for debt forgiveness. For those whose driver’s licenses have been suspended for other reasons, Charlotte Center for Legal Advocacy may be able to provide direct legal services and representation. Once fees are forgiven and legal issues resolved, the organization will complete the process of restoring clients’ driver’s licenses, putting vulnerable Charlotteans on a path to better opportunity.
Charlotte Center for Legal Advocacy’s Driver’s License Restoration program is available to Mecklenburg County residents who earn less than 200% of the federal poverty level and do not have any pending traffic charges.
Those who have lost North Carolina driver’s licenses can call 704-376-1600 ext. 523 for more details. Clients will receive a free copy of their statewide driving record, and if eligible, their cases will be placed with a staff or volunteer attorney to complete the process of driver’s license restoration.
Weathering a financial storm is essential for all families to build towards a stronger future. New data released this week about the financial health of our state highlights where disparities exist that prevent individuals and families from reaching economic freedom in five areas: financial assets and income, businesses and jobs, home ownership and housing, health care and education.
According to the 2020 Prosperity Now Scorecard, North Carolina ranks 37th on prosperity for its residents. One in four households are unable to make ends meet while employed in low-wage jobs and working multiple jobs doesn’t ensure stability for many families. For example, 48% of renters across the state are cost burdened.
Racial economic inequality further limits opportunities to prosper, with North Carolina ranking 26th in racial disparity. For example, the homeownership rate of White households is 74% compared to 45% for Black households and 46% for Latino households. Additionally, over 60% of households of color are liquid asset poor in North Carolina as compared to 33% of White households. People of color throughout the state have more than double the uninsured rates than those of Whites. Evenly distributing resources to address racial wealth inequity is crucial.
North Carolina has adopted eight of 28 policies to support economic inclusion and mobility.
“This scorecard compels us to advocate for stronger policies so that families can thrive and prosper,” said Stephanie Cooper-Lewter, Executive Director of Financial Security CLT. “Working together to remove barriers to savings, earning, health and financial security, we can further boost resilience, opportunity and financial well-being for all.”
Member organizations of Financial Security CLT see first-hand the impact of these inequities which inspired the coming together of this coalition and vision to positively impact the racial wealth gap and improve financial security of Charlotteans. Our members include: Care Ring, Charlotte Center for Legal Advocacy, Communities in Schools, Community Link, Council for Children’s Rights, Crisis Assistance Ministry, Goodwill Industries of the Southern Piedmont, GreenLight Fund Charlotte, Latin American Coalition, Leading on Opportunity, Urban League of Central Carolinas and YMCA of Greater Charlotte.
About Financial Security CLT Financial Security CLT is a coalition of nonprofit organizations working in Mecklenburg County who share a belief that financial security is the underpinning of economic mobility. The ability to weather financial emergencies, share equitably in economic opportunity, and plan for a brighter future is a vision shared by all coalition partners through our differing individual missions. We work collaboratively to help families get on and stay on a path to greater financial security through empowerment and asset building. Our vision is to improve the financial security and knowledge of residents of Charlotte-Mecklenburg, especially in communities of color, and create economic opportunity for all.
2020 Expunction Clinics Kick Off with Help of Triage Partners
Charlotte Center for Legal Advocacy kicked off its 2020 expunction clinics Jan. 22 with volunteers from the Charlotte Triage Pro Bono Partnership to help 15 Mecklenburg County residents apply to have their criminal records expunged.
An expunction (also called an “expungement”) removes minor
offenses and misdemeanors on one’s criminal record that create significant
barriers to economic stability and opportunity.
Charlotte Center for Legal Advocacy helps low-income Mecklenburg County residents get their criminal records expunged allowing them to pursue a broader range of economic opportunities.
The expunction clinic was the first of six to be held this
“This is a breath of fresh air,” said Bernard, who had been working toward a new start before coming to the clinic for help.
He heard about the expunction clinic and registered through
Running Works, a Charlotte nonprofit that empowers individuals and families to
break cycles of abuse, abandonment, neglect, poverty and homelessness through
running, career development services, counseling, group therapy and housing
“What I needed the most was to clean up my record instead of giving up,” he said.
Now Bernard is waiting to learn if his application will be
Bernard is one of more than 2 million North Carolina residents living with a criminal record. Too often, these individuals are automatically denied employment, housing, and other opportunities, based on past involvement with the criminal justice system, including dismissed charges and long-ago convictions.
As part of its 2020 Advocacy Agenda, the Advocacy Center supports legislative efforts to expand eligibility for expunctions, such as The Second Chance Act, which passed with bipartisan support in the N.C. Senate last year. We are hopeful that the N.C. House of Representatives will consider and approve this legislation this spring.
Through our individual representation and advocacy, the Advocacy Center seeks to help people with criminal records have a fair chance at productive citizenship.
Special thanks to Lara Nichols and Ann Warren of Duke Energy; Kevin Denny and Justin Knapp of McGuireWoods LLP; Abigail Williams of K&L Gates LLP; Katie Clarke and Fern Patterson of Parker Poe; and Chad Crockford of Wells Fargo for volunteering their time through the Charlotte Triage Pro Bono Partnership.
Wondering if you are eligible to clean up your criminal record?
Mecklenburg County residents can learn more and register for our upcoming clinics by calling 704-376-1600 ext. 510.
Registration is required to receive assistance. Applicants must not have any pending criminal charges.
Then & Now: A Decade of Justice
In 2010 …
Charlotte was recovering from the Great Recession, which had destabilized thousands of people through job and home loss that eroded financial security.
As a result, Charlotte Center for Legal Advocacy saw the overall community need for legal assistance increase by 15%, including an overwhelming need from families facing foreclosure.
The Recession’s effects continued to be felt throughout the decade to shape our community, to define the issues of economic mobility and inequity we fight to address, and to steadily impact the people the Advocacy Center serves today.
As we mark the passing of a critical decade for Charlotte, we’re taking a look back at the work we’ve done to build a more just community for everyone in the Charlotte region.
Our name was Legal Services of Southern Piedmont, a name we had been operating under since 1978.
Number of staff: 19
Today we are Charlotte Center for Legal Advocacy! In 2017, we changed our name and celebrated 50 years of service.
Number of staff: 50
Our new name reflects our commitment to providing both individual legal representation and systemic change to advance our mission of pursuing justice for those in need.
Growth to Address Systemic Problems in a Changing World
Since 2010, we’ve launched several projects to meet increased demand for assistance, creatively address the root causes of poverty and support our community’s most vulnerable populations, including:
Life altering decisions are made every day in our civil legal system that directly impact a person’s chance at a stable life and opportunity.
Despite the gravity of these decisions, no one is guaranteed legal representation in civil legal cases, leaving only those who can afford an attorney with true access to justice.
Charlotte Center for Legal Advocacy and legal service organizations across the country fight to provide equal justice for all in a legal system that is currently inaccessible for those who lack the money and resources to navigate it.
Federal funding for legal service organizations through the Legal Services Corporation (LSC) peaked in 2010. The funding increase was necessary to support legal service organizations assisting an increasing number of people while having lost key funding resources during the Recession. Funding has not increased since, despite the fact 25 percent more people qualify for legal assistance today than in 2007.
Charlotte Center for Legal Advocacy does not receive LSC funding (learn why), but we advocate for sustained and increased funding for our partners that do, such as Legal Aid of North Carolina.
A 2014 impact report from the N.C. Equal Access to Justice Commission showed that 2.2 million North Carolinians qualified for civil legal aid services and 80 percent of civil legal needs of low-income people went unmet.
Affordable housing and protection from housing displacement
By 2010, the Advocacy Center was assisting families who were fighting foreclosure and trying to put their financial lives back together in the wake of the global financial crisis. When the housing crisis peaked in 2009, more than 12 million homeowners were experiencing negative equity across the U.S.
Today, the Advocacy Center helps families and communities navigate Charlotte’s affordable housing crisis as more people struggle to find and remain in affordable places to live. That assistance includes foreclosure prevention; defense against unfair and deceptive sales and purchases; property tax relief; and impact litigation on behalf of tenants to ensure safe and habitable housing conditions under N.C. law, including a class action lawsuit on behalf of residents of Lake Arbor Apartments.
Welcoming Immigrants into Our Community
Charlotte’s Immigration Court opened in 2008 to serve applicants from North and South Carolina. The Advocacy Center’s Immigrant Justice Program began serving applicants who could not afford legal assistance in the court, which quickly gained a reputation as one of the most hostile in the country.
With the Immigration Working Group, the Advocacy Center began the Immigration Assistance Project in 2010 to help unrepresented people in the court, providing consultation, education and referrals to assist them in court proceedings. Since its creation, it has been a vital legal resource to thousands of people that is not available in most immigration courts.
By 2014, violence and instability in Central America generated a wave of unaccompanied migrant children traveling to the U.S.-Mexico border seeking asylum, safety and reunification with family already living in the U.S.
The Advocacy Center launched the Safe Child Immigrant Project to ensure these children had an advocate.
Without our intervention, these children would have had not have had legal assistance to make their case for asylum, special immigrant juvenile status or other forms of relief they were entitled to receive.
Due to an overwhelming backlog, the first green cards from many of these cases were finally granted in 2018, allowing these children and their families to remain safely in the U.S. without fear of return to dangerous situations in their home countries.
This victory is a stark comparison to the current reality for thousands of children seeking relief at the U.S. border. They will not see the same outcome under current federal immigration enforcement, even though they have endured the same hardships and have the same valid claims for relief as these new green card recipients.
The Advocacy Center fought to maintain public benefits that stabilize families, while also ensuring access to them with increased demand for social support after the Recession, including SNAP benefits (food stamps) and the Earned Income Tax Credit.
Today, the Advocacy Center is still fighting cuts and policies that destabilize families at the federal and state level, while helping families understand what is available under changing laws and policies.
Since 2018, the Advocacy Center has fought changes to the federal Public Charge rule to consider use of public benefits to determine approval for people seeking to immigrate to the U.S. or applying for a green card to become legal permanent residents. Confusion and fear surrounding the rule change has led local families who are eligible to receive public benefits to forego support out of fear. Federal courts halted the rule’s implementation in October 2019, and the Advocacy Center continues to monitor ongoing litigation.
Our Low-Income Taxpayer Clinic is educating N.C. taxpayers on new regulations stemming from federal tax reform passed in 2018, while continuing to help taxpayers protect themselves from scams and fraud.
In conjunction with a new state law changed the waiting period for expunging non-violent misdemeanor and felony criminal convictions in 2017, the Advocacy Center began helping Mecklenburg County residents apply for removal of non-violent, eligible offenses from their criminal records. This project sought to remove barriers to economic mobility that come with having a criminal record. In FY19, we assisted 217 people to expunge criminal records in N.C. and advocated for passage of expanded eligibility for expungements in the N.C. General Assembly.
In 2016, the Advocacy Center partnered with Central Piedmont Community College’s Single Stop program to provide legal assistance that helps students overcome barriers to their education and pursue economic opportunity. In the first two years, the partnership provided $72,855 in legal assistance while obtaining or preserving $103,462 in public benefits for students and their families.
Access to quality, affordable health care
The Advocacy Center has been litigating to ensure families have the health care they are entitled to receive under the law through major cases, including:
Pashby v. Cansler, later Pettigrew v. Brajer: The lawsuit, initially named Pashby v. Cansler, was filed in 2011 by the Advocacy Center, Disability Rights N.C. and the National Health Law Program, alleging that the state violated federal Medicaid law and the Americans with Disabilities Act by determining eligibility for personal care services under more restrictive criteria for people living at home than for those who live in institutional settings known as adult care homes. A settlement was reached in 2016, allowing vulnerable citizens who need health services to safely remain in their homes and have their services restored.
Pachas v. NCDHHS: The Advocacy Center brought the case on behalf of a terminally ill man, who had been the primary provider for his wife, two young daughters, and elderly in-laws. Pachas was trying to support his family on Social Security disability benefits before eventually qualifying for Medicaid benefits that covered his medical treatment for a stroke and a brain tumor. Mecklenburg County Department of Social Services determined Pachas’ income was above the federal poverty level based on the level of an individual, not for a family, and required him to pay a large deductible on his Medicaid benefits. In 2018, attorneys argued before the N.C. Court of Appeals that the state was violating federal Medicaid law in applying its definition of family size to determine eligibility for benefits. The N.C. Supreme Court heard arguments on the case in 2018 and unanimously ruled in favor of the Center to vacate the Court of Appeals ruling. The case is now with the Court of Appeals for a ruling on the merits of the case.
Hawkins v. Cohen: The Advocacy Center and the National Health Law Program filed a lawsuit in federal court in 2017 to stop illegal terminations of Medicaid benefits in North Carolina that resulted in a preliminary injunction and a certified class action. The improper actions included due process violations, failure to reasonably accommodate the disabled, and creating barriers to access for recipients with limited English proficiency. The class action is ongoing. As a result, the state changed its computer system earlier this year to stop Medicaid coverage from automatically terminating when a county worker does not timely complete a required eligibility review. Under this programming change, Medicaid coverage for more than 124,000 cases was extended in the past two months that would otherwise have been terminated without notice.
With the first open enrollment season for health insurance under the Affordable Care Act (ACA), the Advocacy Center launched the Health Insurance Navigator project to help consumers understand their options and get the health care they needed under the new law.
Since 2013, we’ve helped thousands of people understand their options and get health coverage, while reducing the state’s uninsured rate. The navigator project has been recognized as a national model and received a visit from Sylvia Burwell, U.S. Secretary of Health and Human Services, in 2015.
At the end of 2019, our health insurance navigators completed their seventh open enrollment season, helping residents in Cabarrus, Mecklenburg and Union counties understand their coverage options in a changing healthcare landscape to select health plan that meet their individual needs and budget.
The ACA included opportunity for states to expand their Medicaid programs and close the coverage gap for low-income people to insure all Americans. The Advocacy Center began advocating for expansion of the state’s Medicaid program in the N.C. General Assembly, which has failed to act. Expansion would insure an estimated 500,000 NC residents who make too little to afford private health coverage but too much to receive financial assistance paying for coverage. Expansion also would have lowered overall health costs for residents and spurred an estimated $2.9 billion in business growth by 2020.
Today we are still urging the N.C. General Assembly to expand Medicaid so that more residents have access to health care. Residents like Allan.
The N.C. General Assembly approved changes to the state’s Medicaid program in 2015 that privatized the administration of the program. The Advocacy Center has been working with providers and beneficiaries to make sure they understand what the change means and how to continue receiving health care. The Advocacy Center is also monitoring the change to ensure access under the law. The implementation of the new program was supposed to take place in fall 2019, but it has been delayed due to the legislature’s inability to pass a budget.
Protection from exploitation
To improve quality of life and ensure independence, the Advocacy Center has worked to empower seniors through education, legal representation and specific services that enable them to remain self-sufficient, their property unencumbered and their finances protected through the Legal Services for the Elderly program and other projects.
The Advocacy Center’s Consumer Protection program has continually worked to protect low-income people from scams and bad actors taking advantage of vulnerable groups who lack access to resources to understand their rights as consumers.
Immigrants have historically been targets for exploitation in our country. The current administration’s “zero-tolerance” policy toward immigrants who are undocumented has exacerbated their vulnerability and stoked fear in families, regardless of immigration status.
For 12 years, Mecklenburg County’s 287(g) program facilitated hundreds of deportations by assisting federal Immigration and Customs Enforcement (ICE) in implementing federal immigration enforcement at the local level. The voluntary program directed police to target, arrest and hold residents living in our community without a legal immigration status.
This practice tore families apart, made immigrants vulnerable targets and eroded trust of law enforcement, all while diverting local taxpayer funds away from public safety to enforce federal immigration policy, which is outside the jurisdiction of local law enforcement agencies. The Advocacy Center has long believed this policy has harmed our community by undermining public safety, depriving individuals of due process, wasting county resources, and exposing tax payers to potential legal settlements.
In 2018, the Advocacy Center fought against ICE presence in our courts after officials arrested a woman and her 16-year-old son at the Mecklenburg County Courthouse, leaving her 2-year-old child behind in the court’s day care center as they took her into custody and placed her in deportation proceedings. This woman, Maria, and her son are survivors of domestic violence who were appearing for a hearing in their case.
The arrest became part of a national dialogue on how ICE activity in courthouses negatively impacts public safety and the ability for crime victims, especially victims of domestic violence, to seek justice.
The Charlotte Immigration Court later terminated her deportation case with the support of ICE, allowing Maria and her family to remain in the U.S. as they pursued a U-Visa, which provides protected status to victims of crime. The victory came after months of negotiation with ICE through the partnership of Charlotte Center for Legal Advocacy, Comunidad Colectiva and the National Immigration Project of the National Lawyers Guild.
In response to increased ICE activity since 2017, the Advocacy Center has partnered with community groups, including Action NC, Comunidad Colectiva, El Puente Hispano and the Latin American Coalition to help individuals understand their civil rights and provide emergency planning for families in the event of family separation through arrest and deportation.
A decade of justice
Charlotte Center for Legal Advocacy has covered a lot of ground over the last 10 years, but the gap between access and justice remains wide.
In the decade ahead, Charlotte Center for Legal Advocacy remains committed to closing that gap by building a more just community where all are treated fairly and have access to legal representation to meet their basic needs and thrive.
In 2020 and beyond…
We will always fight to ensure
Access to our legal system
Affordable housing and protection from housing displacement
All feel welcome in our community
Access to quality, affordable health care
Protection from exploitation
While the means to accomplishing our mission will change with the needs of our community, our resolve to pursue justice for those in need remains constant. Because we believe …