Beyond Caps: Expanding the Reach of Automated Record Sealing

The Clean Slate Initiative's latest research brief, Beyond Caps: Expanding the Reach of Automated Record Sealing, examines how conviction caps restrict access to Clean Slate relief and limit the number of people who can benefit from automated record sealing. These restrictions determine eligibility based on the number of convictions on a person's record, even when individual convictions would otherwise qualify for sealing.

Using CSI's data model and policy modeling, the research compares eligibility under existing Clean Slate laws with eligibility if conviction caps were removed. The analysis focuses on five key states: Colorado, Delaware, Michigan, Pennsylvania, and Utah.

The research estimates that eliminating conviction caps in these five states could expand eligibility for full record sealing to more than 1 million additional people, including approximately 197,000 Black adults. It also examines how these restrictions reinforce existing racial disparities in the legal system and disproportionately exclude Black adults from relief.

Key Findings

• More than 1 million additional people could become eligible for full record sealing if conviction caps were eliminated in the five states studied.
• Overall eligibility for full record sealing could increase from 31% to 47% among adults with records in those states.
• Eligibility for Black adults with records could increase from 23% to 42%, expanding access to approximately 197,000 additional Black adults.
• States without conviction caps have substantially higher eligibility rates, with 63% of adults with records eligible for full record sealing, compared to 31% in states with caps. Other differences in state policies may also contribute to this gap.

The brief also provides policy recommendations for states developing or strengthening Clean Slate laws, including eliminating arbitrary conviction caps and avoiding eligibility restrictions based on a person's total conviction history.

By examining how policy design shapes access to automated record sealing, this research offers valuable insights for policymakers, advocates, and practitioners working to expand eligibility, address racial disparities, and ensure Clean Slate policies reach more people impacted by arrest and conviction records.