Passage and Implementation of Automatic Criminal Record Expungement

• In Event: Policy Evaluation Throughout the Criminal Justice System: What Works at Which Stage?

Abstract

Automated expungement of certain criminal records has been adopted in a few American states, and is being considered in several others. The characteristics of expungement laws are shaped by the policy environments in which the policies were created and passed, including the interests, concerns, and objectives of the policymakers, advocates, and interest groups who were involved. Wide variation exists from state to state in eligibility criteria, including the type and number of offenses that can and cannot be expunged, disqualifying factors, and waiting periods. States adopting automated expungement policies have faced challenges stemming from the scale and complexity of implementation, including difficulties with data reconciliation and obstacles to notification of eligible individuals. All of these factors influence implementation processes and timelines, as well as impacts on the targeted populations. We will present findings regarding the passage, implementation, limitations, and early impacts of automated record clearance from a qualitative study including over 135 interviews with government and community representatives and expungement-eligible individuals in four states representing different demographic and political contexts. Discussion will include best practices, prospects and strategies for further expansion of automated record clearance, and recommendations for future policy design.

Authors

• Elsa Y. Chen, Santa Clara University

• Sarah E. Lageson, Rutgers University, Newark

• Ericka Adams, San José State University