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A new study funded by The Clean Slate Initiative titled “The Expungement Process: Survey Evidence on Applicant Experiences” was published in The Ohio State Journal of Criminal Law. The authors are Mira Edmonds, JJ Prescott, Sonja Starr, and German Marquez Alcala; Edmonds, Prescott, and Marquez Alcala are from the University of Michigan and Starr is from the University of Chicago. This study is the first large-scale survey of expungement applicants and recipients (n=1,439). Conducted in partnership with Project Clean Slate (PCS), a city-run legal assistance program in Detroit, Michigan, the study explores how people learn about expungement, what motivates them to seek it, the barriers they face, and their experience with the petition-based process.
What Motivates People to Seek Petition-Based Expungement?
People report a wide range of motivations that underscore the barriers faced by people with records:
- Nearly seven in ten (69%) seek expungement to find a job or pursue a promotion
- Over two-thirds (67%) want an expungement to wipe clean “the stain on [their] reputation”
- Nearly half (45%) petition for expungement for licensing-related reasons (for example, their interest in obtaining a concealed pistol license, occupational license, or commercial driver’s license)
- One third (33%) want a clean slate so they can obtain better housing
- Fifteen percent of the sample seek expungement to participate more fully in the lives of their children, and 10% do so out of a desire to access federal financial aid
Applicants also vary in their reasons for the timing of their expungement petitions:
- Very few appear to seek expungement when they do because of a life crisis (for example, only 7% of the sample report having recently suffered a job loss)
- Instead, people often pursue expungement when they learn about the possibility of expungement or their potential eligibility (60%) and when they receive some initial help with the process, either from PCS (53%) or from someone else (10%)
- Almost one third apply when they do because of a job-related consideration; 26% because they become interested in obtaining a license, and 14% because they are interested in seeking new housing
The Petition-Based Process Remains Burdensome
Nearly all (98%) of PCS-assisted petitioners receive expungements, with 65% clearing their entire record. Overall, levels of satisfaction with PCS are high, and a large majority of survey respondents say that they would recommend pursuing an expungement to others in the same situation. However, even with the robust support of PCS, the study suggests that:
- 21% of eligible individuals never file a petition, often because they fall out of communication with PCS, experience confusion about the process, or encounter barriers such as paperwork, fingerprinting, or inaccurate criminal records
- Nearly half (47%) of PCS petitioners do not know whether their conviction is still visible on background checks
- 10% of PCS expungement recipients find that expunged convictions still show up on at least one background check, undermining the promise of relief
- 13% of PCS expungement recipients encounter delays due to errors in Michigan’s Internet Criminal History Access Tool (ICHAT) database
These problems are not unique to Detroit. In most jurisdictions, individuals receive far less support than PCS provides, making barriers to expungement even higher.
Policy Implications
This research offers timely lessons for states across the country working to expand or automate record relief:
- Access to petition-based relief remains unequal. Petition-based systems disproportionately exclude people with limited resources, education, or legal knowledge, even if they are eligible under the law.
- People need legal assistance to navigate the petition process successfully. The high success rate for PCS clients (98% receive relief) demonstrates the important role of legal help in navigating the petition-based process. Few jurisdictions offer this level of support, so many individuals with eligible records fall through the cracks.
- The study underscores the importance of accurate criminal records. Inaccurate or incomplete data can prevent expungement from happening. While PCS was generally able to help people identify and fix problems with their records so that they eventually received expungements, this wouldn’t be as likely for people who are navigating the petition process without professional help or for people who are supposed to receive expungements automatically, but never do.
- It’s also crucial to follow up to ensure that records have been cleared completely, including from private background-check databases. If expungement is not fully effectuated, it can’t achieve its intended benefits and can leave people highly frustrated.
The study shows that even with the growth of expungement opportunities and support in recent years, meaningful access depends heavily on awareness, legal help, and administrative infrastructure. Improving record accuracy, streamlining the petition process, and pairing automated expungement with notification and follow-up are crucial to maximizing the potential of record relief laws.
