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What Kirkland's 'Project Second Chance,' Led by a Former Federal Prosecutor, Has Accomplished So Far

In this Texas Lawyer article, Erin Nealy Cox discusses Kirkland's work with Project Second Chance, a pro bono initiative working to seal or expunge the criminal records of women survivors of human trafficking who have convictions and arrests related to their abuse. Kirkland lawyers have represented 73 women since Project Second Chance was launched, and expunged 232 charges. 

Shortly after Kirkland & Ellis partner Erin Nealy Cox joined the firm in Dallas, she launched a pro bono project aiding victims of domestic violence or human trafficking by getting criminal records related to their abuse expunged or sealed.

Kirkland's Project Second Chance, which began in 2022, closely tracks Cox's priorities during her recent stint from late 2017 through early 2021 as U.S. attorney for the Northern District of Texas.

Kirkland lawyers have represented 73 women since Project Second Chance was launched, and expunged 232 charges. Participation at the firm has swelled, with 42 Kirkland lawyers in Texas involved this year.

The National Celebration of Pro Bono runs through Saturday, and the Kirkland effort with Cox at the helm is one example of a dedicated pro bono project.

While U.S. attorney, Cox launched a district domestic violence initiative, which aimed to keep guns out of the hands of abusers.

And in the area of human trafficking, Cox worked with Department of Homeland Security investigations to revise the North Texas Trafficking Task Force, and, according to the Department of Justice, she charged sellers and buyers of human trafficking and set up a system to seek restitution for victims.

She joined Kirkland in September 2021, after leaving her government role in January 2021, and is a member of the firm's government, regulatory and internal investigations group.

For the victims of domestic violence or human trafficking, getting their criminal record expunged or sealed allows them to secure better jobs and housing, and improve their credit records, she said.

"I realized how important it was to get their lives restarted," she said.

The Dallas County District Attorney's Office makes referrals to the firm through its expungement program, and Cox said lawyers from Kirkland's Dallas, Houston and Austin offices volunteer, including both corporate attorneys and litigators.

Once the Dallas DA's office identifies cases and refers them to Kirkland, lawyers have a few weeks to complete paperwork to have a client's criminal records expunged as part of the DA's Expunction Expo. Lawyers from other firms in Dallas County volunteer and handle other kinds of cases.

Expunction is possible for a limited class of offenses, according to Claire Crouch, media and community relations manager for the DA's office. For the most part, she said, it does not apply to convictions, but to situations where the client was arrested but a charge was never filed, or the charge was no-billed by a grand jury, or rejected by the DA's office.

"Generally speaking, it's a charge that you were never convicted of and is still there hanging out on your record and showing up on background searches," Crouch said.

Kirkland lawyers provide a big boost to the expunction program, she said.

"You see how important this is for the people who in some cases records are being completely cleared, or at least we are helping them here and there. It is a powerful thing," she said.

Cox said the project is not splashy, but it can make a difference in the lives of individuals who are victims of domestic violence or human trafficking.

The women referred by the DA's office are grateful that they don't have to pay a lawyer to help them get the charges expunged, that their filing fees can be waived, and that the Dallas DA's office has a program to make it possible, she said.

"We receive a lot of notes from our clients expressing their gratitude," she said.

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