Empirical Research on Criminal Record Expungement: A Critical Review

Abstract

Many jurisdictions have sought to mitigate hurdles faced by people with criminal records by allowing those records to be expunged (or sealed). Expungement eliminates most legal restrictions triggered by records, and policymakers hope it could also improve access to employment and housing markets and reduce social stigma. Yet there remain significant questions about how well this intervention works. This article canvasses the nascent empirical literature on expungement, focusing on three areas. First, uptake studies consistently find that when eligible individuals must file legal petitions for expungement, only a small fraction do so. Second, studies of those who do receive petition-based expungement have mostly found positive effects on employment and other outcomes. However, the uptake problem introduces sample selection concerns that complicate causal inference, and one recent randomized control trial found a disappointing absence of effects. Third, research on automated expungement (carried out by the state without individuals petitioning) is especially limited, but there is some reason for skepticism about its effects, at least on employment.