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A new study, Understanding the Intent and Impact of State-Initiated Record Clearing Policies by RTI International researchers Beth Hustedt, Kristin Bechtel, and Pamela K. Lattimore, offers critical insights into the design and implementation of Clean Slate laws. Funded by The Clean Slate Initiative and recently published in the Ohio State Journal of Criminal Law, this research underscores the transformative potential of state-initiated, automatic record clearance. It provides a roadmap for designing Clean Slate policies that are technologically feasible, equitable, and effective.
Petition-Based Processes Remain a Barrier
The research highlights the limitations of petition-based record clearance systems, which place the burden on individuals to navigate complex and costly processes. These systems routinely leave millions of eligible people without relief due to high filing fees, complicated eligibility criteria, and a general lack of awareness.
In contrast, Clean Slate laws that automate record clearance shift the responsibility to the state, aiming to make relief more accessible, equitable, and consistent.
- Around 1 in 3 adults in the U.S. have a record, which subjects them to over 44,000 collateral consequences, many of which limit employment and housing access.
- Qualitative research has shown that individuals with sealed records report reduced barriers to employment as well as psychological benefits.
- In addition, studies of petition-based record sealing found significant increases in employment rates and real earnings, with wages increased by more than 22% within one year following expungement in Michigan, driven primarily by unemployed people finding work and underemployed individuals accessing better jobs.
- The Michigan study also found that those who obtained expungements had extremely low rates of recidivism.
When implemented effectively, Clean Slate laws have the potential to reduce the “second chance gap” between the 20-30 million people eligible for relief and the low number of people who receive relief under current petition-based systems. In doing so, Clean Slate laws may expand access to employment and housing, increase wages for individuals with sealed records, reduce recidivism, and support long-term economic stability and reintegration.
Barriers to Effective Clean Slate Implementation
Despite their promise, the study finds that many Clean Slate state-initiated record clearance policies may not reach their full intended impact due to:
- Restrictive eligibility rules: Many states impose long waiting periods, categorical exclusions (e.g., by offense type), or require that individuals pay off all court-related debt before becoming eligible- criteria that disproportionately excludes low-income individuals and people of color.
- Outdated data systems: Automation depends on a robust, integrated data infrastructure and eligibility criteria that align with the data available in state systems.
- Low public awareness: When records are sealed automatically, many individuals remain unaware, limiting their ability to seek employment, housing, or education opportunities confidently.
What’s Working and What’s Next
The study points to examples where policy and technology have been aligned to successfully implement Clean Slate laws. States like Pennsylvania and Utah demonstrate the importance of designing legislation with implementation feasibility in mind.
After becoming the first state to pass a state-initiated sealing policy in 2018, the law in Pennsylvania was subsequently revised to eliminate the requirement that all court fines and fees be paid before becoming eligible for sealing. In addition, Pennsylvania reduced the waiting periods for misdemeanors and summary offenses and expanded eligibility to include low-level felonies.
In Utah, Rasa Legal’s online eligibility screening tool exemplifies how public-facing tools can help individuals understand their record status and access their rights.
Based on interviews with policymakers and practitioners, the authors offer several recommendations to enhance the design and impact of state-initiated record clearance policies:
- Eliminate financial barriers, such as requiring full payment of court fees and fines before relief is granted
- Reduce waiting periods and begin eligibility clocks at case disposition, not sentence completion
- Modernize technology infrastructure, particularly court and criminal justice data systems, to enable reliable and timely automation
- Invest in public-facing communication tools to ensure individuals are informed when their records are sealed
This study affirms that thoughtful policy design, technical investment, and a commitment to equity throughout implementation are necessary to realize the potential for Clean Slate policies to be as impactful as possible.
