By Nila Bala and Krystin Roehl

In North Carolina, 1.6 million North Carolinians, or close to one in five individuals, have a criminal record. The collateral consequences are significant, blocking access to employment, housing and educational opportunities. These barriers often follow individuals for their entire life, even after they have served their time and paid their debt to society. For example, 90 percent of employers conduct background checks, and since North Carolina is not a ban-the-box state, they are permitted to do so early in the hiring process. This means that even decades-old, minor arrests and convictions show up and cut callback rates for these individuals in half. Expungements (shielding records from public view) are the most effective method to address the stigma faced by justice-involved individuals. While North Carolina’s laws do offer expungement relief in limited circumstances, many eligible individuals do not take advantage of the process, likely because it is difficult, cumbersome and expensive. A “clean slate” bill, which would automate expungements for eligible individuals could change that. In addition, North Carolina has an opportunity to expand expungement relief to more offenses, while maintaining public safety. What’s more, doing so will not only assist directly impacted individuals and their families, but will also enhance our communities and revitalize the local economy.

R STREET SHORTS NO. 85 March 2020

Washington, DC: R Street, 2020. 5p.

By Nila Bala

According to national estimates, close to one-third of Connecticut residents, or around 1.2 million people, have a criminal record. And for these “Nutmeggers,” a criminal record is a profound barrier to being a part of our community. According to the Council of State Governments Justice Center, records mean they face 559 barriers, codified in Connecticut’s various laws, with two-thirds of these related to work. The collateral consequences of having a record are pervasive and broad, and often undermine public safety. For example, barriers to full employment can increase levels of reoffending. Lack of stable housing can also increase the risks of ending up back in the criminal justice system, with Connecticut’s homeless population lacking stability. In light of this, it is clear that records—sometimes minor and decades old—prevent individuals from fully participating in society. Expungements are one mechanism to restore rights by removing records from public view. They are one of the most effective ways to reduce the bias and stigma those with a criminal record currently face. Unfortunately, the current process individuals have to endure to secure an expungement is complicated, expensive and difficult to understand. However, in the coming legislative session, Connecticut has an opportunity to significantly change the barriers justice-involved individuals face with the passage of a “clean slate” bill. The Clean Slate initiative is a nationwide movement that works toward automatically expunging records and expanding eligibility for expungements.5 By automating expunging of certain offenses after a period of time has passed, a clean slate bill would take the onus off individuals to access what is often a difficult and bureaucratic process. This paper examines the current state of pardon relief in Connecticut, and the potential effect of expanding expungement relief through a clean slate bill. As a similar bill was proposed in the last session, the present study will examine that bill, although plans to propose one in the current session are also in the works. In any event, the overall benefits to individuals, public safety and the economy urge its passage.

R STREET SHORTS NO. 84 February 2020

Washington, DC: R Street, 2020. 4p.

By Nila Bala

C lose to one-third of the population has a criminal record, with Michigan courts churning out nearly 300,000 convictions every year.Even a minor record can present an enormous barrier to employment, housing and educational opportunities. Those with criminal records face unemployment numbers that exceed those during the great depression. Moreover, both public and private housing can be hard to obtain, and the record of one family member can lead to eviction for everyone. Given these vast effects, carrying a criminal record has been equated to a life sentence of poverty. However, expungements or methods to seal records from public view (known as “set-asides” in Michigan) have great potential to ameliorate these effects. Like most states, Michigan has an expungement policy to help ease the barriers reentering individuals face because of their records. But unlike most states, Michigan has a wealth of information and data regarding the current state of set-asides, thanks to a recently published empirical study by J.J. Prescott and Sonja Starr at the University of Michigan Law School. Notably, their study finds that despite the fact that thousands of individuals are eligible for expungements, very few—just 6.5 percent of eligible Michiganders—have received relief. As part of a larger nationwide movement to utilize technology to automatically clear records, a current seven-bill “Clean Slate” package under consideration could change that.6 It would also increase the number of eligible offenses, for example, by including driving and marijuana offenses to the list of crimes that can be set-aside, and by forgiving individuals who have had multiple convictions because of one bad night. The bills have already passed the Michigan House with bipartisan support and are now in the hands of the Senate. Accordingly, this paper examines the current state of set asides and the implications of expanding expungement relief, including to public safety and the economy, and finds that even considering the short-term costs associated with automation, ultimately the benefits outweigh these costs.

R STREET SHORTS NO. 79 November 2019

Washington, DC: R Street, 2019. 4p.