Automated Expungement and Impacts: Findings from a 5-State Survey

• In Event: Collateral Consequences and Rights

Abstract

“Clean Slate” automated criminal record expungement policies have been passed in at least 12 American states in recent years. However, several states have experienced delays in implementation and/or problems in notifying residents of their eligibility for automated record clearance. As such, people who are eligible for automated record clearance may be unaware of their eligibility or still waiting for their records to be cleared if their state is encountering implementation delays. Additionally, people who have received automated record clearance may be unaware of their updated status and therefore not experiencing the benefits of the legislation if they are still reporting their convictions when applying for housing or employment, or avoiding seeking jobs, promotions, education, or improved housing out of concerns regarding rejection or stigma. In this presentation, we will discuss the results from a survey of 750 Clean Slate-eligible individuals in five states with recently-enacted policies. We report findings regarding awareness of Clean Slate policies, eligibility parameters, and implementation, as well as eligible individuals’ preferences and suggestions for notification mechanisms and improvements to the law and any effects these individuals may have experienced.

Authors

• Elsa Y. Chen, Santa Clara University

• Sarah Lageson, Northeastern University

• Ericka Adams, San Jose State University