Case for Clean Slate Laws and Federal Action to Push the Agenda
Clean slate laws are designed to automatically seal or expunge certain criminal records, allowing individuals with qualifying offenses to move forward without the perpetual burden of their past. These laws aim to provide a second chance for people who have paid their debts to society, enabling them to reintegrate into their communities, access employment, housing, and education, and lead productive lives. With millions of Americans bearing criminal records, these reforms can have a profound impact on economic growth, crime reduction, and social justice.
The Case for Clean Slate Laws
- Economic Benefits
Reducing Barriers to Employment: Criminal records often create insurmountable barriers to employment, even for minor offenses or charges that didn’t result in conviction. According to the Brennan Center for Justice, roughly 70 million Americans have a criminal record, and it is estimated that their inability to find stable employment reduces the U.S. GDP by $87 billion annually. Clean slate laws would help unlock the potential of these individuals, reduce unemployment, and boost economic productivity.
Expanding the Workforce: As the economy seeks to recover from the effects of the pandemic, labor shortages are impacting several sectors. Allowing individuals to have a clean record opens up a vast pool of talented workers ready to contribute to industries like manufacturing, construction, and healthcare, where there is a significant need for labor.
- Reduction in Recidivism
Studies have shown that people who are able to secure jobs after serving their sentence are significantly less likely to reoffend. Clean slate laws help by removing the stigma of a criminal record, encouraging more people to apply for jobs, pursue educational opportunities, and engage in civic life. This, in turn, reduces recidivism rates, lowering the costs associated with re-incarceration and creating safer communities.
- Racial and Social Justice
The U.S. criminal justice system disproportionately impacts people of color, particularly Black and Latino communities, who are more likely to be arrested, convicted, and sentenced for the same offenses as their white counterparts. Clean slate laws can help address some of these disparities by ensuring that individuals from marginalized groups are not forever defined by a criminal record that may result from systemic inequalities. Offering a second chance can be a significant step toward repairing the racial harms of mass incarceration and over-policing.
- Public Safety
Contrary to concerns that expungement could increase crime, evidence shows that clean slate policies improve public safety. Individuals who have access to stable jobs, housing, and education are more likely to engage in law-abiding behavior. By supporting rehabilitation and reentry, clean slate laws can make communities safer in the long term.
Federal Government’s Role in Advancing Clean Slate Laws
While clean slate laws are typically passed at the state level, the federal government can play a pivotal role in pushing this agenda forward through several avenues:
- Federal Legislation
Expand Clean Slate Protections Nationwide: Congress can pass federal clean slate legislation that requires the automatic sealing or expungement of non-violent federal offenses after a certain period of time without reoffending. This would build on bipartisan momentum seen in states like Pennsylvania, Michigan, and Utah, which have passed such laws at the state level. Federal legislation could also encourage more states to adopt similar reforms by setting a national standard.
Address Federal Employment and Licensing Barriers: Federal laws could be enacted to remove criminal history questions from federal job applications (Ban the Box) and limit the use of criminal records in hiring decisions for federal contractors. Additionally, federal regulation of licensing boards could be strengthened to ensure that people with sealed or expunged records aren’t unfairly denied professional licenses.
- Incentives for States
Funding and Grants for State Reforms: The federal government could provide financial incentives to states that implement clean slate laws by offering grants or additional funding for states that adopt automatic record sealing practices. This would help cover the administrative costs associated with implementing such reforms.
Data Sharing and Support: The federal government could also assist states in creating efficient, technology-driven systems for identifying eligible individuals and sealing their records automatically. Establishing federal guidelines and sharing data across state lines could improve the efficacy of these programs, especially for those with convictions in multiple states.
- Executive Action
Pardon Power: The President can utilize their pardon power to grant clemency to individuals with non-violent federal offenses, particularly those related to outdated drug laws. A mass pardon, in conjunction with sealing records, could be a powerful step toward justice reform.
Directives for Federal Agencies: The President could issue an executive order directing federal agencies, like the Department of Housing and Urban Development (HUD) or the Department of Labor, to adopt policies that prevent discrimination based on criminal records, particularly for individuals who have had their records sealed or expunged.
- Federal Legal Challenges to Lifelong Records
Constitutional Challenges to Lifelong Criminal Records: The federal government can take further action by challenging states on the constitutionality of lifelong criminal records. A case could be made under the Eighth Amendment, which prohibits cruel and unusual punishment, arguing that the indefinite punishment and stigma associated with lifelong criminal records may amount to such a violation. Additionally, the Fourteenth Amendment’s Equal Protection Clause could be invoked, especially in cases where criminal records disproportionately impact marginalized groups, contributing to systemic inequalities. If the courts agree that maintaining lifelong criminal records for non-violent offenses or minor infractions violates constitutional protections, it would set a powerful precedent that could reshape record-keeping laws across the country.
This legal approach would put pressure on states to revise their criminal record policies to be more consistent with principles of rehabilitation and redemption, rather than perpetual punishment.
- Public Awareness and Advocacy
National Campaigns: The federal government can lead national awareness campaigns to reduce the stigma associated with having a criminal record and to educate both employers and the general public about clean slate laws. Public pressure can help push states that have been resistant to such reforms.
Public-Private Partnerships: Collaborating with corporations, advocacy groups, and community organizations can amplify the message of second chances. Employers like JPMorgan Chase and Microsoft have already championed hiring initiatives for individuals with records, and further government support could help normalize these practices across industries.
Conclusion
Clean slate laws are a critical step in reforming the U.S. justice system. They align with broader efforts to reduce mass incarceration, promote racial justice, and strengthen the economy. By advancing federal legislation, incentivizing states to follow suit, challenging the constitutionality of lifelong criminal records, and promoting public awareness, the federal government has an important role to play in ensuring that everyone has a chance to rebuild their lives after interacting with the justice system. Expanding access to clean slate protections is not only a matter of justice but also an investment in the social and economic fabric of the country.
