Protect second chances.

For real.

Learn why expungement is only half a solution and what your state can do about it.

Here’s the Problem.

Even after a criminal record disappears from state records, that information endures in commercial databases, relied upon by landlords and employers, around the Internet. This renders the benefits of expungement largely obsolete.

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An estimated 94% of employers and 90% of landlords do criminal history background checks. Additionally, a recent study (check it out here) discovered many instances of expunged records remaining online in commercial databases.

Thus, expungees, who no longer have a criminal record, are being screened from employment and housing opportunities, defeating noble hoped-for results like reduced recidivism.

Here’s the Answer.

You can protect your citizens’ chance at a new life by enacting two simple changes to the way you provide companies access to criminal records data. Pennsylvania, Minnesota and other states have already paved the way, with impressive results. It’s easier than you think, and it makes an immediate difference.

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First, require subscribers to update their databases.

In Pennsylvania, they accomplished this by contractually requiring subscribers to download a free file—known as the LifeCycle file—containing a list of Pennsylvania records that were no longer public. In Utah, the state requires subscribers to download all of the state’s data each month and then completely erase all of their old data from Utah. To-may-to. To-mah-to.

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Second, hold subscribers accountable.

Contractually provide for a way that your state can detect when companies’ are abusing access to your data. In Pennsylvania, the administrative of the courts conducts regular audits to check whether expunged and other non-public records have been timely removed. They use logins for each subscriber’s database that the subscriber must provide in order to download state records. If non-public records are discovered—and not removed immediately—the state cuts off the subscriber’s access to Pennsylvania records.

And that’s it. And, in most cases, both of these changes can be accomplished by modifying the contract your state provides to parties requesting bulk data. If you need a place to get started, check out Pennsylvania’s agreement.

Another Roadblock . . . Another Solution

 

The final step of the expungement process is not when the judge signs an order of expungement.

Instead, once the order is signed, the applicant is notified that their documents are available for pick-up. The applicant then must promptly pick up the documents and distribute copies to four separate agencies.

Many applicants fail to complete this step either due to misunderstanding or difficulty completing the distribution to multiple agencies. Without this final step, expungement is not complete.

Legislation requiring the courts or the Bureau of Criminal Identification to complete the distribution of the judge’s order to expunge would ensure ordered expungements are completed with minimal burden placed on government.

Other Legislation to Consider

States should also consider legislation requiring those using background check reports to: 

Review the report produced by the background screening company before making an employment or housing decision

Consider whether a consumer has disputed information on the background check report

Provide consumers with written notice of the reasons for any denial of a job or housing whether or not based on a consumer report

Private entities who receive notice of expungement order must remove information within one week or face penalty (cut off data access, fine, etc.)

Limit access points to bulk criminal background data including limiting what information can be scraped