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Today’s Webinar Council of State Governments Justice Center Rashawn Davis Policy Analyst, Criminal Records Project Champaign County, Illinois Katie Blakeman Champaign Circuit Clerk Hamilton County, Ohio Raymond Faller Chief Public Defender 5
Speaker: Rashawn Davis Council of State Governments Justice Center Rashawn Davis Policy Analyst, Criminal Records Project 6
A project funded by the U.S. Department of Labor and U.S. Department of Justice Criminal Record Clearance and the Clean Slate Clearinghouse February 15, 2018
Overview 1 The Impact of a Criminal Record 2 The National Record Clearance Landscape 3 The Clean Slate Clearinghouse
An estimated 70 million adults in the U.S. — one in three — have some sort of criminal record. 1. National Employment Law Project (2017) 9 The Council of State Governments Justice Center
A criminal record impacts the individual, their family, and the larger community. The U.S. economy A criminal record loses about reduces the $82 billion in likelihood of annual GDP when receiving a job offer people with records by nearly 50 180,000 women are subject are under- percent. to a lifetime ban on Temporary employed. Assistance for Needy Families because of a criminal record. 2. Pager, Devah, Investigating Prisoner Reentry: The Impact of Conviction Status on the Employment Prospects of Young Men (2009) 3. Schmitt, John, Ex‐offenders and the Labor Market (2010) 4. The Sentencing Project, A Lifetime of Punishment: The Impact of the Felony Drug Ban on Welfare Benefits (2011) 10 The Council of State Governments Justice Center
Criminal records have greater impacts on people of color and communities of color. *Rate of Imprisonment per 100,000, by Gender, Race, and Ethnicity, 2015 *Imprisonment is 3000 just one point at 2,613 which a person 2500 acquires a criminal record. 2000 1500 1,043 1000 White Black Latina/o 457 500 103 52 63 0 Women Men 5. Carson, E.A., Bureau of Justice Statistics (2016). 11 The Council of State Governments Justice Center
Employment is one of several important factors in a person’s successful reentry. Income for Family Mental Health Fewer Risky Needs Met Activities Less Pro-social More Positive likely to Activities Relationships reoffend • Especially when earnings are above minimum wage • Especially if the job is stable 6. Graffam et al, Variables affecting successful reintegration as perceived by offenders and professionals (2004) 7. Visher et al, Employment after prison: A longitudinal study of releases in three states (2008) 8. Sampson et al, Crime in the making: Pathways and turning points through life (1995) 12 The Council of State Governments Justice Center
Obtaining a job is difficult for job applicants with a criminal record. 87% of employers conduct criminal background checks on some or all applicants. 9. Society for Human Resource Management. Background Checking — The Use of Criminal Background Checks in Hiring Decisions. (2012) 13 The Council of State Governments Justice Center
After a certain amount of time having a criminal record does not predict the risk of reoffending. A person with a criminal record who remains arrest free for about 7 years has a similar risk of offending as the general population. 10. Kurlychek, Megan, Enduring Risk? Old criminal records and predictions of future criminal involvement (2007) 11. Blumstein,Alfred, Redemption in the Presence of Widespread Criminal Background Checks (2009) 14 The Council of State Governments Justice Center
Criminal records trigger various “collateral consequences.” niccc.csgjusticecenter.org njdc.info/collateral-consequences/ 15 The Council of State Governments Justice Center
Overview 1 The Impact of a Criminal Record 2 The National Record Clearance Landscape 3 The Clean Slate Clearinghouse
Expungement and sealing are the most commonly used terms. Generally Expungement Generally Sealing means means that records… that records… ▪ ▪ Are destroyed. Are not publicly available. But depending on the state, expunged or sealed records: ▪ May be disclosed for licensing or other purposes; ▪ May be used for criminal justice purposes; or ▪ May be inspected with a court order. 17 The Council of State Governments Justice Center
Most states have some type of record clearance policy for felony and misdemeanor convictions. WA ME MT ND OR VT NH ID MN WI NY MA SD CT WY MI RI PA IA NJ NV NE OH DE UT IN IL CA WV CO VA MD MO KS KY DC NC TN AZ OK NM AR SC AL GA Allows record MS clearance for TX LA some convictions FL AK PR VI GU AS MP HI The Cleanslate Clearinghouse, https://cleanslateclearinghouse.org/compare-states/ 12. The Clean Slate Clearinghouse; https://cleanslateclearinghouse.org/compare-states/ 18 The Council of State Governments Justice Center
Counties are also involved in the record clearance work. Fulton County (Georgia): In October 2016, Fulton County held a record restriction summit with various county law enforcement agencies. Seventy-five percent of all attendees had one or more arrests cleared from their record. Broward County (Florida): This year, the Broward County State Attorney will host a record sealing workshop to provide information and resources for people who are looking to begin the records clearance process. Dallas County (Texas): In March 2017, Dallas County held an “Expungement Expo” during which county judges were on hand to assist eligible participants with the record clearance process. The expo also included a job fair along with other social services. 19
Overview 1 The Impact of a Criminal Record 2 The National Record Clearance Landscape 3 The Clean Slate Clearinghouse
A project funded by the U.S. Department of Labor and U.S. Department of Justice Clearinghouse Audience Goals • • • Online clearinghouse of Legal service providers, Provide accessible, up to each state’s record people with criminal date information for clearance policies, records, policymakers, record clearance policies resources, guides, and and reentry and across the country • legal service providers. workforce service Increase capacity of legal providers. service providers and create a community of practice around record clearance. cleanslateclearinghouse.org 21 The Council of State Governments Justice Center
Collaborating Agencies Advisors The project was further supported by an advisory board of 26 legal professionals, along with key officials from Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Housing and Urban Development and U.S. Consumer Financial Protection Bureau. The advisors brought expertise on criminal record clearance processes, how clearance affects commercial background checks and access to public housing, licensing, and fair hiring policies. 22 The Council of State Governments Justice Center
23 The Council of State Governments Justice Center
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Contact Information Email: cleanslate@csgjusticecenter.org Sign up to receive newsletters and other announcements at cleanslateclearinghouse.org. Rashawn Davis , Policy Analyst, The Council of State Governments Justice Center This presentation was developed by members of the Council of State Governments Justice Center staff. The statements made reflect the views of the authors, and should not be considered the official position of the Justice Center, the members of the Council of State Governments, or the funding agency supporting the work. 24 The Council of State Governments Justice Center
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