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(e.g. state capitol, iconic landscape, etc.)
Ink slingers and newshounds,
Thank you for taking the time to look through this compendium. We know that you, the wardens of the Fourth Estate, are busy, and we respect that. So, we’ll get to the point of explaining what the heck you are reading and why we sent it to you.
The Clean Slate [State] coalition is working to ensure that automatic record clearance is one of the issues taken up by lawmakers in this legislative session in [Capital city]. The term “automatic record clearance” can sound ambiguous, but don’t be fooled. It is a specific policy that can have a transformational impact on the lives of hundreds of thousands of [State-ians].
Right now, X in every X adults in [State] - or X% of adults - have an arrest or conviction record. That’s 1.3 million people whose hope to build a better future for themselves and their families is constantly denied because of a mistake made in their past. And even though many are eligible to have their records cleared through expungement or record sealing, most don’t. That’s because the process can be costly, confusing, and overly bureaucratic, but it doesn’t have to be that way.
Twelve states have passed ‘Clean Slate’ laws that automatically clear arrest and conviction records once they become eligible. This streamlined process is more efficient for government and working families, and it has garnered bipartisan support in states across the country.
This session, the Clean Slate [State] coalition is working with lawmakers and state agencies to modernize the state’s record clearance process. When legislation starts to move, we want you to have this resource handy. The following pages (or pixels) are a trove of information, data, stats, resources, and synopses related to the issue. There’s also a list of state partners who can be a resource for you, as well as their contact information.
To offer a nutgraph, lawmakers are expected to discuss automatic record clearance sometime soon, and we wanted to make your job easier when it comes time for you to report on it. You’re welcome. Please reach out anytime.
- The Clean Slate Initiative Marketing & Communications Team
ABOUT THE CLEAN SLATE INITIATIVE
The Clean Slate Initiative (CSI) works to pass and implement laws that automatically clear eligible records for people who have completed their sentence and remained crime-free, as well as expand who is eligible for clearance.
CSI is a 501(c)3 non-partisan, non-profit organization with a vision that people will no longer be defined by their records, be able to contribute to their community, and have a fair opportunity to work, get an education, and achieve their full potential. We approach our work through:
CENTERING IMPACTED PEOPLE
CSI believes that those most impacted by incarceration and criminalization should be central in deciding and implementing remedies that improve their lives. Our work is rooted in the experience of directly impacted individuals.
ENGAGING BIPARTISANSHIP
CSI works with stakeholders across the political spectrum who share our fundamental values that fair treatment, redemption, and access to meaningful second-chance opportunities must be available to all.
SUPPORTING ROBUST COALITIONS
We build and support meaningfully broad coalitions - believing we need engagement from all types of stakeholders to win. We support and empower local leaders and organizations and leave them stronger.
EMPLOYING THE LONG-TERM VIEW
We make decisions that move us toward long-term change. We do not limit ourselves to short-term wins. We ensure Clean Slate laws are properly and fully implemented, and we do not harm the criminal justice reform movement in achieving our goals.
ADVANCING REDEMPTION NARRATIVE
We work to change hearts and minds. We are setting the stage for bigger, deeper, and more impactful change. To do this, we have to change how people think about people with records.
BUILDING RACIAL EQUITY
We advance policies that reduce existing racial disparities in the criminal legal system.
IMPACTS OF CLEAN SLATE LEGISLATION
In the states that have passed legislation that meets CSI's policy minimums:
CLEAN SLATE [STATE] COALITION MEMBERS
DATA SNAPSHOT
OF [STATE]'S POPULATION WITH A RECORD
GLOSSARY
RECORD CLEARANCE EXPLAINED
Nearly all states have a record clearance process. The terminology varies from state to state, with sealing, expunging, and clearing being among the most commonly used terms. While each term has distinct legal meanings and criteria, they are often used interchangeably, and they all broadly describe the same process: restricting public access to arrest and conviction records.
The eligibility criteria for record clearance varies by state - yet typically hinges on factors like record or conviction type, time elapsed, and completion of sentencing.
In most states, the onus is on the individual to initiate the process, which often requires:
Awareness of the process and personal eligibility for record clearance;
Filing a petition with a court;
Attending court proceedings, potentially taking time off of work;
Hiring an attorney;
Navigating bureaucratic processes; and,
Monitoring record clearance to verify that the appropriate agencies have accurately updated records in accordance with the court's orders.
The process is inefficient and burdensome for most people. As a result, less than 10 percent of those eligible for relief actually receive it (Chien, 2020).
Clean Slate laws streamline record clearance by automating the process and shifting the burden to the state to ensure everyone who is eligible for record clearance receives it. Doing so alleviates the strain on court resources and removes the socioeconomic barriers to accessing record relief.
OVERVIEW OF [STATE] RECORD CLEARANCE LAWS
Much of the information below was edited from the Collateral Consequences Resource Center’s Restoration of Rights Project. Please visit ccresourcecenter.org for more additional resources.
[STATE] has a higher incarceration rate than the national average.
In 2020, the state's rate of individuals under the jurisdiction of state correctional authorities was XXX per 100,000 residents, exceeding the national rate of 359 per 100,000, as reported by the National Institute of Corrections.
ELIGIBILITY
NON-CONVICTIONS
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MISDEMEANORS
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FELONIES
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THE PROCESS
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FEES
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According to the National Inventory of Collateral Consequences of Conviction, there are more than 42,000 state and federal regulatory restrictions that limit or prohibit access to opportunities and benefits. Combined with other societal or cultural barriers, people with a record are excluded from many essential aspects of life, including…
BARRIERS & RESTRICTIONS
EMPLOYMENT
Difficulty getting hired, maintaining a job, or obtaining certain licenses.
Background checks: 94% of employers conduct background checks (Nelson, 2019), and people with a record are 50% less likely to get a call back from a prospective employer (Pager et al., 2009).
Occupational licensing restrictions: Certain professions have licensing requirements that may exclude individuals with specific convictions. Visit the National Inventory of Collateral Consequences of Conviction for state-specific restrictions.
Wage disparities: Even if employed, people with records often face lower wages and limited opportunities for career advancement. Conversely, research conducted in Michigan found that a year after record clearance, people are 11 percent more likely to be employed and earn 22 percent higher wages (Prescott & Starr, 2020).
HOUSING
Denial of rental applications or restrictions on public housing eligibility.
Ninety percent (90%) of landlords use background checks on prospective tenants.
Discriminatory housing practices: Landlords can deny rentals or charge higher rates to applicants with arrest or conviction records, making it difficult for many to find safe and stable housing upon returning to their communities.
Lack of affordable housing options: People with records are more likely to face financial challenges, limiting their access to safe and affordable housing.
EDUCATION
Inability to receive financial aid or attend certain schools.
Financial aid restrictions: Some forms of financial aid for higher education might be unavailable to individuals with certain convictions.
Campus safety policies: Some colleges and universities have policies that restrict or deny admission to applicants with criminal records, and 72% of colleges and universities use background checks to screen applicants’ criminal records (Stewart & Uggen, 2019).
Stigma and discrimination: Individuals with records may face stigma and discrimination from peers and faculty, hindering their academic success.
SOCIAL & CIVIC
PARTICIPATION
Voting rights restrictions: In some states, individuals with certain felony convictions lose their voting rights, limiting their civic participation.
Public assistance restrictions: Access to certain public benefits, such as food stamps or housing assistance, may be restricted for people with records.
Social stigma and discrimination: The stigma associated with a record can lead to social isolation and difficulty forming relationships.
Clean Slate has received strong support from the business community across the country. Large employers such as JPMorgan Chase and Koch Industries, as well as business advocacy organizations including the Responsible Business Initiative for Justice (RBIJ) and the Small Business Majority, recognize the economic and workforce benefits of Clean Slate policies.
When barriers to employment are removed, everyone wins. Employers have a deeper pool of qualified candidates to fill open positions. Workers’ income increases. State and local governments receive more taxes to invest in the community.
Below are some of the data points that illustrate the impact the Clean Slate laws or record clearance, in general, can have.
THE INTERSECTION OF CLEAN SLATE, THE ECONOMY & WORKFORCE NEEDS
The estimated loss in gross domestic product every year resulting from shutting people with records out of the workforce is
$78 - $87 billion (Barber & Bucknor, 2016).
Research conducted in Michigan found that a year after record clearance, people are 11 percent more likely to be employed and earn 22 percent higher wages (Prescott & Starr, 2020).
An arrest or conviction record reduces a job seeker’s chance of getting a callback or job offer by nearly 50 percent (Pager et al., 2009).
The unemployment rate for formerly incarcerated people is 27 percent, which is higher than it has ever been for the general population (Couloute & Kopf, 2018).
Conviction and imprisonment experienced early in life lower individuals’ annual earnings (Craigie et al., 2020):
People who have spent time in prison suffer the greatest losses, with their subsequent annual earnings reduced by an average of 52 percent.
People convicted of a felony but not imprisoned for it see their annual earnings reduced by an average of 22 percent.
People convicted of a misdemeanor see their annual earnings reduced by an average of 16 percent.
People who have been convicted or imprisoned lose up to half a million dollars in earnings over the course of a career.
People with criminal convictions face lost wages in excess of $372 billion every year.
A person’s history of incarceration is associated with post-release unemployment and child poverty regardless of that person’s race or rural vs. urban designation (Center for Justice Research, 2022).
Ninety-four percent (94%) of employers use background checks when hiring (Nelson, 2019).
Eighty-four percent (84%) of small business owners agree that Clean Slate policies will provide individuals with a second chance and open up the job pool (Small Business Majority, 2022).
More than two-thirds of HR professionals who have hired people with records think their quality of work is as high as or higher than the work of employees who don't have a criminal record (Society for Human Resource Management (SHRM) & Charles Koch Institute (CKI), 2018).
At CSI, data and research are driving forces behind our mission to enact impactful automatic record-clearing laws. We advocate for change, and we also shape it through evidence-based research and analysis.
Clean Slate is Fueled by Data-Driven Solutions
Following the Evidence: CSI supports rigorous research projects with clear, practical applications. These studies examine the real-world consequences of Clean Slate policies, paving the way for optimal implementation.
Data that Empowers: Our one-of-a-kind data model dives deep into potential policy impacts, predicting outcomes and maximizing positive change. The public release of the CSI data model interface is planned for April 2024.
Focusing on Equity: We prioritize research that analyzes how Clean Slate policies can actively address the legacy of mass incarceration and its disparate impact on communities of color, ensuring everyone has the opportunity for a clean slate and a second chance.
By harnessing the power of data, we equip policymakers and other stakeholders with the information needed to craft effective solutions. We also track the impact Clean Slate laws have as they are implemented and rely on evidence-based research to identify the consequences arrest and conviction records have on people and communities.
RESEARCH & DATA
NOTABLE DATA POINTS
1 in 3 adults in the United States has an arrest or conviction record that limits their ability to work, obtain housing, and engage in civic life. Having a record, even an arrest record, is a significant barrier to economic mobility.
94% of employers use background checks when hiring.
(Nelson, 2019)
90% of landlords use background checks on prospective tenants.
(Nelson, 2019)
72% of colleges and universities use background checks on prospective students.
(Stewart & Uggen, 2019)
The estimated loss in gross domestic product every year resulting from shutting people with records out of the workforce is $78 - $87 billion.
(Barber & Bucknor, 2016)
There are more than 42,000 state and federal regulatory restrictions that limit the ability of people with a record to access meaningful opportunities to build a better life.
(National Reentry Resource Center)
Less than 10% of people get their records cleared within five years of becoming eligible.
(Chien, 2020)
America now has more people with arrest or conviction records than it does four-year college graduates.
(National Center for Education Statistics)
On average, people who received record clearance were 11% more likely to be employed and saw an over 22% increase in income within one year.
(Prescott & Starr, 2020)
An arrest or conviction record reduces a job seeker’s chance of getting a callback or job offer by nearly 50 percent.
(Pager et al., 2009)
The Collateral Consequences Resource Center (CCRC), ccresourcecenter.org, is a non-profit organization established in 2014 to promote public engagement with the myriad issues raised by the legal restrictions and societal stigma that burden people with a criminal record long after their criminal case is closed.
Situated at the intersection of the academic and advocacy communities, the Center provides a variety of research and practice materials aimed at legal and policy advocates, courts, scholars, lawmakers, and those most directly affected by criminal justice involvement. It also provides news and commentary about this dynamic area of the law.
Advancing Second Chances: Clean Slate and Other Record Reforms in 2023 (CCRC)
50-State Comparison: Expungement, Sealing & Other Record Relief (CCRC)
Report: The High Cost of a Fresh Start (CCRC)
Waiting for Relief: A National Survey of Waiting Periods for Record Clearing (CCRC)
ONLINE RESOURCES
The National Inventory of Collateral Consequences of Conviction (NICCC), niccc.nationalreentryresourcecenter.org, is an online searchable database that identifies and categorizes the statutes and regulations that impose collateral consequences in all 50 states, the federal system, and the District of Columbia, U.S. Virgin Islands, and Puerto Rico.
NICCC is a part of the National Reentry Resource Center, a project funded by the U.S. Department of Justice, Bureau of Justice Assistance (BJA), Office of Justice Programs, U.S. Department of Justice.
Amaning, A. (2020, June 25). Advancing Clean Slate: The Need for Automatic Record Clearance During the Coronavirus Pandemic. Center for American Progress. Retrieved January 17, 2024, from https://americanprogress.org/issues/criminal-justice/news/2020/06/25/486857/advancing-clean-slate-need-automatic-record-clearance-coronavirus-pandemic/
Barber, A., & Bucknor, C. (2016, June). The Price We Pay: Economic Costs of Barriers to Employment for Former Prisoners and People Convicted of Felonies. Center for Economic and Policy Research -. https://cepr.net/report/the-price-we-pay-economic-costs-of-barriers-to-employment-for-former-prisoners-and-people-convicted-of-felonies/
Boehner, J., Ginzberg, J., Gullen, J., & Svoboda-Kindle, K. (2021, March). Breaking Down Barriers to Record Clearing - A Survey of the Field. Community Legal Services of Philadelphia. Retrieved January 17, 2024, from https://clsphila.org/criminal-records/report-barriers-to-record-clearing/
Center for Justice Research. (2022, March). An Analysis of Incarceration, Crime, Unemployment and Rural Spaces. Texas Southern University. Retrieved January 17, 2024, from https://www.centerforjusticeresearch.org/reports/an-analysis-of-incarceration-crime-unemployment-and-rural-spaces
Chien, C. (2020). America's Paper Prisons: The Second Chance Gap. Mich. L. Rev., 119(3). https://doi.org/10.36644/mlr.119.3.america
Couloute, L., & Kopf, D. (2018, July). Out of Prison & Out of Work: Unemployment among formerly incarcerated people. Prison Policy Initiative. Retrieved January 17, 2024, from https://www.prisonpolicy.org/reports/outofwork.html
Craigie, T.-A., Grawert, A., Kimble, C., & Stiglitz, J. E. (2020, September 15). Conviction, Imprisonment, and Lost Earnings: How Involvement with the Criminal Justice System Deepens Inequality. Brennan Center for Justice. Retrieved January 17, 2024, from https://www.brennancenter.org/our-work/research-reports/conviction-imprisonment-and-lost-earnings-how-involvement-criminal
Dietrich, S. M. (2020, May 1). PA Clean Slate: Delivering on Its Promises. Community Legal Services of Philadelphia. Retrieved January 17, 2024, from https://clsphila.org/wp-content/uploads/2020/05/Clean-Slate-implementation-report-final.pdf
National Center for Education Statistics. (n.d.). Number of persons age 18 and over, by highest level of educational attainment, sex, race/ethnicity, and age: 2014. Retrieved January 17, 2024, from https://nces.ed.gov/programs/digest/d14/tables/dt14_104.30.asp
National Reentry Resource Center. (n.d.). National Inventory of Collateral Consequences of Conviction. Retrieved January 17, 2024, from https://niccc.nationalreentryresourcecenter.org/consequences
Nelson, A. (2019, 12 10). Report: Broken Records Redux. National Consumer Law Center. https://www.nclc.org/resources/report-broken-records-redux/
Pager, D., Western, B., & Sugie, N. (2009, May). Sequencing Disadvantage: Barriers to Employment Facing Young Black and White Men with Criminal Records. The ANNALS of the American Academy of Political and Social Science, 623, 195-213. 10.1177/0002716208330793
Prescott, J.J., & Starr, S. B. (2019, March 20). The Case for Expunging Criminal Records. The New York Times. https://www.nytimes.com/2019/03/20/opinion/expunge-criminal-records.html
Prescott, J.J., & Starr, S. B. (2020). Expungement of Criminal Convictions: An Empirical Study. Harv. L. Rev., 133(8), 2460-555. https://repository.law.umich.edu/articles/2165/
Rodriguez, M. N., & Avery, B. (2016, April). Unlicensed & Untapped: Removing Barriers to State Occupational Licenses for People with Records. National Employment Law Project. Retrieved January 17, 2024, from http://www.nelp.org/publication/unlicensed-untapped-removing-barriers-state-occupational-licenses/
Small Business Majority. (2022, October 26). Small business owners support criminal justice reforms to address persistent workforce challenges. Retrieved January 17, 2024, from https://smallbusinessmajority.org/our-research/small-business-owners-support-criminal-justice-reforms-address-persistent-workforce-challenges
Society for Human Resource Management (SHRM) & Charles Koch Institute (CKI). (2018, May 17). Workers with Criminal Records [A new nationwide survey of HR professionals, managers and non-managers examines their experiences with and opinions towards workers with criminal records.]. Archive.org. Retrieved January 17, 2024, from https://web.archive.org/web/20220202172623/https://www.shrm.org/hr-today/trends-and-forecasting/research-and-surveys/pages/second-chances.aspx
Stewart, R., & Uggen, C. (2019, October 23). Criminal records and college admissions: A modified experimental audit. Criminology, 58(1), 156-88. 10.1111/1745-9125.12229
REFERENCES & PUBLICATIONS
APPENDIX I: PEOPLE FIRST LANGUAGE
Words wield power. For individuals who have navigated the complexities of an arrest or conviction record, the weight of language can be particularly profound. Labeling someone solely as a "felon," "convict," or "offender" risks reducing them to a single moment in their past, overlooking their individuality, and neglecting their potential for growth and contribution. The chart below offers suggestions on how to use people-first language when writing about the issue of automatic record clearance.
One of the most succinct explanations for how record clearance contributes to community safety is offered by J.J. Prescott and Sonja B. Starr in The Power of a Clean Slate:
APPENDIX II: NOTES ON COMMUNITY SAFETY AND CLEAN SLATE
“...there is excellent reason to believe that expungement, in fact, reduces crime. Research identifies many criminogenic factors associated with the drag of a criminal record. Unemployment, low wages and poverty, homelessness, poor education, stigma, and social exclusion are all associated with higher recidivism risk. If expungement alleviates even some of these conditions, it seems likely to reduce recidivism among recipients. It also follows that if reforms extend the effect of that reduction to a broader, higher-risk pool, the public-safety upside of record-clearing laws would only be larger.”
Below are some of the findings that illustrate the impact the Clean Slate laws or record clearance, in general, can have on community safety.
Record clearance reduces the likelihood of people with convictions committing future crimes and increases their chances for successful reintegration into society (Chien, 2020).
Expungement reduced external barriers to success for people with convictions – including increasing job opportunities and access to housing and government aid (Chien, 2020).
Expungement increases internal barriers to success for people with convictions by increasing their confidence and trust in the criminal legal system, making them feel more invested in avoiding future criminal behaviors (Chien, 2020).