A Missed Opportunity to Help Millions of Texans

Texas lawmakers gather in Austin once every two years to consider legislation that benefits the people of the Lone Star State. Partisan and divisive issues often dominate the news coverage of our legislative sessions but this year lawmakers missed an opportunity to advance a commonsense policy with bipartisan support that would have improved the lives of more than three million Texans, offering a meaningful opportunity for a second chance after obtaining an arrest or conviction record.  

My son, Stephen, is one of the approximately nine million Texans with an arrest or conviction record. Stephen is bright, caring, and well-intentioned. He’s also battled addiction. Like any parent, my primary concern is his safety and well-being. 

I have been by Stephen’s side through every step of his treatment, but I never anticipated all of the challenges Stephen would face as he tried to build a better life for himself. Although he has paid his debt to society for mistakes he’s made as a result of his addiction, having a record has made it difficult for him to find a safe place to live. Stephen could only get a lease in parts of town where drugs are easier to find than jobs. He and I both knew that if Stephen wanted a fighting chance, he needed safe housing and meaningful employment. 

Stephen isn’t alone, and he doesn’t want a handout. He was raised with a strong desire to give back to others. Stephen wants to build a life where he can provide for himself and contribute to his community. He’s a Texan after all. There should be a path forward for him, but the government and bureaucracy are standing in his way, despite majority support. Two-thirds of Texas voters believe that the government should remove barriers to employment, housing, and education.

Texas law allows certain arrest and conviction records to be sealed through a process called nondisclosure. However, this process is costly and complex, rendering record-sealing services inaccessible even to those who qualify. That is unless you’re wealthy. That’s why only 6.5% of eligible people successfully seal their record.  

Those with wealth can usually afford the attorneys, travel, and time off work needed to navigate the nondisclosure process, while working people are left saddled with a record that closes the door on opportunities. The current system amounts to a two-tiered system of justice where the wealthy can move beyond their past, and working folks are left behind. We should all be able to agree that that’s not fair.

Thankfully, there’s a solution. Clean Slate legislation in Texas has bipartisan support. It would ensure that people with eligible arrest and conviction records have a second chance at building a better life once they have paid their debt to society and remained crime-free for a period of time. The legislation uses technology to automate the nondisclosure process so that people would have relief as soon as they are eligible. 

To date, 12 states have passed similar legislation, including Oklahoma and Utah, and the results are promising. When people are allowed to pursue meaningful opportunities, wages go up, recidivism rates fall, communities are safer, and even our economy stands to benefit. Right now, Texas sees an estimated $32 billion lost in annual earnings from Texans impacted by a record of conviction, and Clean Slate policies could help recoup that loss and bolster the state’s economy. There’s a reason that Clean Slate policies have bipartisan support, and now is the time for action.

Lawmakers failed to pass Clean Slate legislation this year, and as a result, millions of Texans will have two more years of missed opportunities and unnecessary hardships — making life harder for many working families to make ends meet, find safe housing, and build better lives. The Texans who would benefit from Clean Slate policies are our family, friends, and neighbors. I am always willing to give the people I love a second chance and come next session, I hope lawmakers give this impactful legislation a second chance, too.

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