By Fiona Deane-Grundman
SACRAMENTO – Appearing without an attorney—not necessarily a good idea—Sherry Stephans argued to presiding Judge Steve White in Sacramento County Superior Court last week that her criminal record regarding four crimes should be expunged, because she’s paid thousands of dollar in restitution.
She said she needs the expungement to pass tests for her job.
Via a remote courtroom, Judge White asked Stephans if she had seen the probation recommendation, which indicated that she should not have the fees expunged because of her restitution balance; however she stated that as of August 19, 2020, she paid $6,100.00 towards her restitution, and offered proof to back up her statement.
According to Stephans, she tried to contact probation after her probation hearing in February but said that when “COVID hit” she was “unable to get ahold of anybody.” She said she “checked in regularly” over the phone but was unsuccessful and didn’t make any progress on her case.
Stephans’ main concern was that she now works in mortuary transport, which frequently works with the Sacramento County Affairs department and the Coroner’s Office. She stated that “in order to do the type of work that I do, I have to be able to pass a Live Scan.” Because of her criminal record, she is currently unable to pass the screening.
The judge inquired of Stephans whether she paid all the restitution she owes, to which she responded, “I’ve had restitution for other things not related to these cases.” She explained that when she calculated the total restitution she owes, she paid slightly more than the required amount of $5,935.00, not including court fees. Stephans claimed she possessed receipts of her restitution 
payments in court that day.
The defendant stated that she “talked to Revenue Recovery and the Franchise Tax Board,” and that she has a payment plan “set up with them” that assures she will pay her total restitution on time. Her additional restitution is owed on Food Stamps and traffic cases that do not involve the case that was being discussed on Wednesday.
The relevant cases for which Stephans owed restitution were a felony identity theft, a petty theft, a misdemeanor, and an additional identity theft.
Judge White asked Stephans whether she owed any remaining restitution costs or fees for those cases, to which she replied, “No.” She added that the $6,148 she has paid is over the required restitution amount.
The judge inquired about Stephan’s job, and she explained that at the Mortuary Transport Company she works for, “we have contact with a lot of different funeral homes in the Sacramento area.” She added that they “also do work with the County Sheriff, the County Coroner’s Office,” and other counties throughout central California.
The company removes decedents who have died in homes, hospitals, crime scenes, car accidents, homicides, suicides, and other “things of that nature.” She has worked for the company since December of last year.
Stephans explained that she’s done “a lot of work” on herself, and that she’s re-established relationships with her family and children. She said that these factors are what motivated her to attempt to expunge her record.
She also mentioned that she hopes to advance in her chosen career, which she can’t do without passing a Live Scan. She expressed a desire to work closely with the Coroner’s Office in the future, saying it’s something that “I really want to do.”
The superior court judge that Stephans had spoken to in February had noticed the progress she had made and encouraged her to continue. Her last felony occurred in 2017.
Judge White asked the defendant if she had been on probation for three years since then and she responded, “The one for 2017 was a three-year county deputy time. They gave me two years supervised and I completed that July of last year but the probation they gave me now is for 2015 and it’s set to expire next month on the 27th.”
After reviewing the documents Stephans had brought, Judge White said, “You’ve done a lot of work towards this which shows your earnestness towards getting these things behind you, so that’s a good thing.”
Stephans noted that she hopes to get cleared to work in county jails at Narcotics Anonymous meetings, another goal she can’t reach without being able to pass a Live Scan. She said emphatically, “That’s something that helped me so I want to be able to give that back. I can’t do this when I have this hanging over my head.”
Judge White continued to question Stephans, asking her if she had tried to contact her deputy probation officer. When she responded that she was unable to reach him, he said, “I’m going to encourage you to try again. I think COVID-19 is getting a little less onerous for everyone and people are going back to work.”
He suggested that she explain her dilemma and ask them to assist her in obtaining a document that verified all fines and restitution had been paid. Judge White insisted that Stephans provide the documentation before he expunged her record.
His justification for this course of action was that he did not see any clear indication of payment in the documents she provided. He said, “I think you’re acting in good faith; you’re acting with a lot of diligence doing the best you can. I’m sensitive to your job situation, you want to move on… but I just don’t want to grant it unless I have assurances that your criminal debts have been satisfied.”
Stephans reluctantly agreed to return to court on Sept. 16 to settle her case.
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