The Relationship Between Criminal Record Expungement and Family Relationships

• In Event: Families and Collateral Consequences

Abstract

Having a criminal record can impact a person’s ability to find employment, secure housing, pass a background check, and maintain custody of dependents. Much of the research on the collateral consequences of a criminal conviction has focused on felony convictions and persons who served prison sentences. Less is known about the impact of arrests and misdemeanor convictions on a person’s family relationships or whether these relationships are enhanced post record clearance. Using semi-structured interviews with over 135 people in four states that have implemented “Clean Slate”-style expungements (California, New York, Pennsylvania, and Utah) we explore: 1) the impact of a person’s arrest or misdemeanor conviction on their relationships with loved ones and 2) the impact of record clearance on family relationships. Preliminary findings indicate that arrest and misdemeanor convictions impact individuals’ ability to provide for their family, participate in activities with their children, and were used in determinations of custody. Policy implications will be discussed.

Authors

• Ericka Adams, San José State University

• Elsa Y. Chen, Santa Clara University

• Sarah E. Lageson, Rutgers University, Newark