Beyond Confidentiality: Modernizing Criminal Record Clearance Policies in the Digital Age
Criminal record clearance mechanisms, like expungement and sealing, have quickly become the preferred means to help mitigate many of the barriers and stigma that often stem from having a criminal record. More people than ever are eligible to have their criminal history cleared, and the number has been growing every year as states have continued to make clearance available sooner, for more offenses, and with fewer financial and procedural hurdles. But what does it mean for a person to have their record cleared, and how does that relief translate into greater access to employment, housing, and other critical opportunities? Many states that make record clearance available have failed to adequately reckon with this important question despite the push to expand access. As a result, in some states, clearance can fall short of providing the relief it appears to promise. This brief discusses the strategies some states have developed to ensure that clearance remains as effective as possible in the digital age.
