By Christi M. Smith

Since 2018, nearly half of states have either passed clean slate automated record-sealing laws, adopted legislation to expunge cannabis convictions, or initiated campaigns to seal certain criminal records. These efforts acknowledge the perpetual, often lifelong barriers that people with publicly available criminal records face. The collateral consequences of a record, even for people who have been arrested but not convicted, make it exceedingly difficult to obtain and maintain basic life stability. For the one in three adults with a criminal record, this often means a lifetime of poverty and negative generational outcomes for dependents.

When people are unable to establish stability or advance in life because of records-based discrimination, the public also suffers negative effects. Being unemployed, underemployed, or employed “off the books” means less money cycling back into the community and reduced tax revenue. This translates to an $87 billion per year loss to the national economy. The social cost of cyclical incarceration and increased likelihood of homelessness among this population is an estimated $1.2 trillion annually. And without legitimate opportunities to provide for oneself and one’s family—combined with a lack of affordable products—people may be disincentivized to remain law-abiding. This can result in increased crime and escalating product costs as stores attempt to reduce retail theft. Our streets are less safe when people who have paid their debt to society and remained law-abiding continue to be excluded from the basic resources they need to survive.

Explainer, Washington, DC: R Street, 2024. 2p.

By Christi M. Smith

One in three Americans, roughly 70 to 100 million, have a criminal record that limits their earning capacity and options for suitable housing, as well as makes it more challenging to remain law-abiding. These records are often not the result of serious or violent crime, but rather due to the ever-widening net of “tough-on-crime” legislation that criminalizes poverty, substance use and mental illness. Socioeconomic and behavioral health issues combined with the collateral consequences of an arrest or criminal record make it nearly impossible for individuals to secure or maintain minimum standards of social stability. Absent legitimate opportunities to provide for themselves and their families, some may feel compelled to resort to crime to mitigate stress and account for their most basic needs. This situation subjects law-abiding members of the community to additional crime and escalating product costs associated with increased security-related expenses. Taxpayers also incur the ballooning expense of funding low-level law violator involvement in the justice system and bear the burden of the social costs of record-based discrimination, including a rise in homelessness, a lack of generational mobility and the need for various forms of public assistance. Record-based discrimination is extremely costly to taxpayers and the overall economy, resulting in an estimated $78-$87 billion loss in the national gross domestic product. While the majority of states offer some form of petition-based record sealing, fewer than 10 percent of eligible individuals pursue the option, owing to the cost and complexity of the process. Clean Slate legislation bridges the gap between eligibility and opportunity by automating the process of sealing old records at no cost to the individual. Public safety carve-outs that exclude certain convictions from eligibility; provide access to the records under speci昀椀c and limited circumstances; and include provisions for employer immunity reduce the risk of sealing records from community access. When these records are not available to the general public, the collateral consequences of arrest or conviction no longer present a pervasive barrier to the resources people need to fully reintegrate into the community. Armed with the ability to provide for oneself and thrive in mainstream society, individuals are less likely to return to crime and be琀琀er equipped to contribute to the overall economy. Clean Slate legisla琀椀on is the pathway to prosperity for all Americans. It is a model policy with bipar琀椀san, bicameral and public support. Free, automatic record clearing is smart public policy that reduces recidivism, increases public safety and stimulates the economy. Key Points: 1. Individuals with prior arrests or convictions records experience a host of collateral consequences that limit their access to stable housing, employment, education, food and financial assistance. These barriers unduly burden the individual, their families and communities long after the initial sentence has been served and the debt to society has been repaid. 2. The majority of states offer petition-based record sealing to remove these records from public view, though fewer than 10 percent of eligible individuals take advantage of this opportunity owing to the complexities and costs associated therewith. 3. Individuals who have demonstrated the ability to remain law-abiding in the years following the completion of their sentence are no more likely to reoffend than their counterparts without criminal histories. Automatic record sealing through Clean Slate legislation prioritizes public safety and ends the cycle of punishment in perpetuity for eligible people by allowing them to fully reintegrate into their communities and contribute to the overall economy.

R Street Policy Study No. 279, Washington, DC: R Street, 2023. 19p.