Automatic Expungement
Overview
Expungement is the process by which a person may be allowed to have an arrest, criminal charge, or conviction removed from their criminal record, shielding it from the public. Almost all expungement proceedings take place in state courts, and each state has different laws governing expungement. These laws may include who may be eligible for expungement, which offenses may be expunged, and the timing, process, and fees associated with expungement.
In recent years, states have begun to prioritize meaningful legal justice reform to reduce mass incarceration and the inequitable treatment of communities of color by the legal justice system. However, the impact of entanglement with the justice system does not end upon someone’s release, even if they were not even charged or found guilty. Collateral consequences of simply having an arrest or criminal record can follow a person for the rest of their life, creating significant barriers to basic human needs, including access to housing, education, jobs, professional licensing, and other services.
A prominent sociological research study in Milwaukee, which has since been repeated in multiple other jurisdictions, shows that Black men without a criminal record are less likely to receive a callback from a job interview than white men with a criminal record. Because Black and Brown people are disproportionately arrested, charged, and given longer sentences than white people for the same behavior, equitable access to expungement is fundamentally a racial justice issue.
Expungement can benefit not only job seekers themselves, but businesses as well. Research shows that employees with criminal records are not only less likely to quit, but are also no more likely to be fired for misconduct than an employee without a criminal record.
This project aims to create model legislation by researching which states have automatic expungement processes and what these processes look like.
Project Details
Seeking attorneys from law firms and/or corporate legal departments to research the law in 50 states plus DC and Puerto Rico
Research where in each state’s code automatic expungement is authorized (if at all), including the eligibility, process, and barriers to expungement that each state creates
Data will be used to create model legislation
No prior experience required
Clear written instructions and mentorship provided
3-5 hours of work per state/territory
Deadline is November 23, 2021
To express interest in this project, please fill out the form on this page and select “Automatic Expungement” in the Projects field. In the “Questions / Comments” field, please provide an estimate of how many states/territories your attorneys will be able to take on.