Second Chances that Make Us All Better Off
As the new year begins, many people engage in the traditional practice of creating resolutions, in hopes of wiping the slate clean and not letting past practices dictate future ones. The benefits of a fresh start are also behind a recent movement around the country to pass legislation aimed at limiting access to the criminal records of people with criminal convictions who have served their sentences. Twelve states have passed Clean Slate Acts, including Pennsylvania, Utah, New Jersey, Michigan, Connecticut, Delaware, Virginia, Oklahoma, Colorado, California, Minnesota, and more recently, New York. Clean Slate Acts limit the ability of prospective employers, landlords, and others to access a person’s criminal record so that formerly incarcerated people have greater opportunities to find housing, obtain jobs, and further their education. Access to housing, jobs, and education all make it easier for people to stay on a law-abiding path and reduce their risk of recidivism. Unfortunately, formerly incarcerated people often struggle to obtain employment and places to live because of the biases employers and landlords hold about people with criminal records. Clean Slate Acts tackle this problem by making records available only when needed for public safety reasons. More states should move to push these acts, as they will help people regain their lives and have a second chance, and they make us all safer as a result.
America has the largest incarceration rate in the world. Almost two million people in the United States are in prisons and jails, and they are disproportionately people of color. Formerly incarcerated people face a multitude of challenges upon their release. They often struggle to obtain housing and jobs because landlords and people making hiring decisions are afraid of anyone with a criminal record, no matter how minor the previous offense or how long the formerly incarcerated person has lived a law-abiding life since their release from prison. It is no wonder that unemployment and recidivism rates are high when so many obstacles stand in the way of people trying to successfully reenter society.
Clean Slate Acts aim to address these burdens by limiting access to the criminal records of formerly incarcerated people after a specified period of time has passed after their release from prison without any further arrests or problems with law enforcement. While the laws vary in their specifics, the recent Clean Slate Act passed in New York provides an example of some of the typical provisions. On November 16, 2023, Governor Kathy Hochul signed the Clean Slate Act into effect. After three years, people with certain specified misdemeanors will have those convictions sealed. In addition, people with specific felony convictions will be after eight years after their release from prison.
Clean Slate Acts are vital for second chances. In a world that often lacks forgiveness and empathy, this movement for change can allow formerly incarcerated people to start over and live better lives. Many people go to prison for minor offenses and a permanent mark on their record can be detrimental to their future because of prejudices people have against those with criminal convictions. As a society, we are better off when people with criminal records are able to find jobs and stable housing after they have served their sentences. That is why so many business leaders support clean slate legislation. They recognize that it is good for the economy as well as public safety.
Unfortunately, however, many politicians oppose Clean Slate Acts to score political points because they care more about appearing tough on crime than supporting policies that have been shown to reduce crime. For example, Congressman Anthony D’Esposito and Congresswoman Elise Stefanik have headed a charge against the Clean Slate Act in New York, claiming it is bad for public safety. Stefanik said that “Once again Kathy Hochul is prioritizing violent criminals over victims and our men and women in Blue. Kathy Hochul’s disastrous, pro-crime Clean Slate Act will prohibit New Yorkers from conducting comprehensive background checks on potential employees or tenants, further endangering the lives of all our constituents.”
In fact, the Clean Slate Acts protect victims because they make it less likely that people with criminal convictions will commit additional crimes out of desperation because they are shut out of needed jobs and housing. A study of Michigan’s Clean Slate Act found that only 4.2% of people who received expungement were convicted of a crime within five years of their expungement, and only 0.6% were convicted of a violent crime – much lower recidivism rates than the general population as a whole.
These low recidivism rates are not surprising because Clean Slate Acts are written to make sure that records are still available when needed for public safety reasons. For example, the New York law provides that childcare providers will still have access to criminal records in making hiring decisions, as will others who work with vulnerable populations. Additionally, records will still be visible when hiring law enforcement officers. People who have to register as a sex offender also do not get their records sealed. There are also certain crimes, such as murder, that are not sealed. Politicians and others who oppose clean slate legislation ignore these facts and instead perpetuate myths designed to scare people. Clean Slate Acts do not erase criminal histories. Criminal records still exist, but only certain people can look at them, and only in specific situations. The idea is to limit access in the name of public safety. Sometimes access to a criminal record is the right call, but too often, a criminal record is used to hinder people from obtaining the jobs, housing, and other benefits that will keep them on a law-abiding path.
Moreover, everyone who benefits from a Clean Slate Act already served their sentence and parole time, so they already received their just deserts for the crime they committed. There is no need to give them an additional punishment of making it harder for them to find a job or place to live. That does not help victims or anyone else. On the contrary, it makes us all worse off because limiting access to employment and housing increases crime. Clean slate legislation recognizes that the key is to take a balanced approach. They are precisely the kind of criminal justice reforms we should all resolve to support.
Nate Barkow is a junior at Grace Church High School in New York City. He is passionate about getting young people more involved in politics and civic engagement to help shape America’s future. If he is not hanging out with his friends, he likes to play tennis, bake, or take walks with his dog, Lucie.