Americans with criminal records don’t deserve a lifetime Scarlet Letter

Americans disagree about a lot these days, but they share a distaste for perceived government overreach. Sure, those on the left may recoil at the prospect of Elon Musk accessing their personal data and those on the right may still have nightmares about COVID contact tracing, but the commonality is an aversion to burdens and stigma imposed by their government.

Branding millions of Americans with a criminal record for life is one of the harshest and most lasting ways our government cripples its citizens.

In some cases, of course, there is an entirely legitimate public interest in the community knowing who was convicted of a serious violent crime, especially with offenses that are recent and against children or other vulnerable victims.

But we are also a nation of second chances. This means that for many crimes committed years ago, those who have subsequently proven themselves to be law-abiding community members should not suffer the indignity of being tagged a criminal for the rest of their lives.

Fortunately, there is a solution that can resolve this tension strikes this balance. “Clean Slate” laws, which many states are considering in their 2025 legislative sessions, streamline the process of sealing past arrest and conviction records for people who have served their sentence, demonstrated accountability for their mistakes and earned a fighting chance to build a better life for themselves.

Americans shouldn’t apologize for wanting a criminal justice system that makes lawbreakers pay a price for their actions, but we all benefit when those who have paid that price and proven themselves law-abiding can contribute to society.

Clean Slate laws ensure that the government doesn’t get in the way of second-chance success stories in areas such as employment and housing. At the same time, they typically allow for sealed records to be seen in certain circumstances such as if there is any subsequent justice system involvement or in the case of licensing for the most sensitive occupations.

Fortunately, most states already have a process for sealing old records of low-level offenses. Lawmakers throughout the country have identified which specific crimes in their state qualify for sealing after someone pays their dues and stays out of trouble long enough to show they have earned a second chance. 

But while the eligibility requirements are usually clear, the record-sealing process is not. It can be expensive, complicated by red tape and require the services of a lawyer. These barriers are among the key reasons why less than 10 percent of those who are eligible have their record sealed.

That’s unfortunate because people who do clear their records are less likely than the general population to commit another crime. Automating record-sealing also has significant economic benefits. It expands the available workforce, increases workers’ wages and puts more money in people’s pockets.

With support from large employers like JPMorgan Chase and Walmart, it’s no surprise that more states are following the lead of Pennsylvania, Michigan, Utah and the nine others that passed Clean Slate laws in recent years. 

For individuals, having a past record often limits opportunities to meet basic needs and makes it harder to find meaningful employment, especially given that 94 percent of employers perform criminal background checks on applicants. An arrest or conviction record makes it 50 percent less likely for someone with a record to get a callback when applying for jobs.

Knowing that prospective employers will conduct record checks means that many people convicted of past offenses simply don’t apply for good jobs that would provide stability, instead opting for gig work, such as delivering food, that may not generate enough wages to pay the bills.

Indeed, only 6 percent of people who have had their record automatically sealed are aware of it, which underscores the need for a notification provision that informs individuals their record has been cleared, which could prompt them to pursue all available professional opportunities.

With so much to gain, Clean Slate laws represent an opportunity to get the government out of people’s way and create tangible benefits for millions of Americans. Missouri, Kentucky, Ohio and Texas are among the states considering these proposals in 2025, and implementation efforts continue for Clean Slate laws already on the books in states such as Colorado and Oklahoma. 

And in Virginia, the Democratic-led general assembly will soon send a bipartisan bill to Gov. Glenn Youngkin (R), putting the commonwealth on a path to put a Clean Slate program in place.

Americans across the political spectrum may define government overreach differently, but they can find common ground on providing a path to redemption for people who don’t pose a public safety threat.

By embracing automated record clearing, we recognize that everyone has the potential for change. Government shouldn’t put a period where God put a comma.

Marc Levin, Esq. is chief policy counsel for the Council on Criminal Justice and can be reached at mlevin@counciloncj.org.

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