Right now in California's criminal justice system, current and former gang members are urged to work toward rehabilitation and reform. However, there is no legal vehicle available to petition for removal from the CalGang database once those efforts come to fruition. This creates problems for those who have made every effort toward rehabilitation and for those who are now valuable members to their communities. There needs to be a law that allows former gang members to demonstrate in their city of residence that they should no longer be included in the CalGang database. 

We are petitioning for a new bill that would allow reformed and rehabilitated gang members to petition the court for removal from the CalGangs database. The CalGangs database contains entries by police officers working in the field who come in contact with alleged gang members. For example, it may contain dates and locations where police come in contact with alleged gang members and note that the person was wearing gang attire, had gang tattoos, or was with other “known” gang members. This information is later used in criminal proceedings to prove that the individual is, in fact, a gang member.
The problem with the database is that it really gives police unfettered discretion to label anyone a gang member. Database entries occur even during peaceful, mutual, casual contact with police. This means that an officer can walk up to a young man of color for no reason, determine that he is wearing "gang attire" and make that entry into the database, even if the young man is not actually a gang member. This occurs all the time, even when the officer has no reason to believe (and does not believe) criminal activity is afoot.
Other issues include police lying and alleging that people self-admit to being part of a particular gang. That goes into the database and does not have to be proven in order to make an entry into the database. When folks with entries in the database are charged with a crime later down the line, the DA often adds a gang enhancement simply due to the fact that they are listed in the calgang database. Of course, the DA has to prove that the individual is actually a gang member in court – but they simply just call the officers who have made the entries to testify as to those entries. Defense attorneys often do not get body cam footage from that contact or even reports (since casual contact wouldn’t result in a report). We really are expected to simply take the officer’s word for it. In some cases, this gang enhancement, alone, can carry 25 to life. I've represented so many young men and women who are not actually gang members and I’ve had to fight gang enhancements on their behalf because of this database... which is basically a free-for-all for police.
In addition, the database is unconstitutional by itself. Many do not know this, but being in a gang is not against the law. We have a constitutional right to associate with whomever we please. It is only against the law to commit crimes in furtherance or for the benefit of gangs. So, the fact that police are making entries in this database when no crimes are occurring, based solely on assumptions of association and targeting people of color in inner cities is a HUGE constitutional violation in my eyes as a practicing criminal defense attorney. We really need some new legislation to address this NOW.