Erasing the mark of a criminal past: Ex-offenders’ expectations and experiences with record clearance
| Date | 01 January 2017 |
| Published date | 01 January 2017 |
| DOI | 10.1177/1462474516645688 |
| Subject Matter | Articles |
Punishment & Society
2017, Vol. 19(1) 23–52
!The Author(s) 2016
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DOI: 10.1177/1462474516645688
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Article
Erasing the mark
of a criminal past:
Ex-offenders’
expectations and
experiences with
record clearance
Ericka B Adams
North Central College, USA
Elsa Y Chen
Santa Clara University, USA
Rosella Chapman
Independent Researcher, USA
Abstract
Through the process of record clearance, individuals can have certain minor convictions
removed from their criminal records or designated as expunged. This study analyzes
data gathered from semi-structured interviews with 40 persons with past criminal
convictions to examine the expectations of individuals who seek record clearance
and the extent to which completion of the process facilitates efforts to reintegrate
into society and desist from crime. The analysis finds that record clearance benefits ex-
offenders through external effects, such as the reduction of barriers to employment,
and internal processes, such as the facilitation of cognitive transformation and the
affirmation of a new identity. These benefits accrue from both the outcomes of the
record clearance process and from the process itself. Increased availability of inexpen-
sive or free opportunities for expungement can contribute to more successful reinte-
gration of persons with criminal convictions into the workforce, families, and
communities. Not only would this improve quality of life for the ex-offenders, but it
could also increase public safety and reduce public spending.
Corresponding author:
Elsa Y Chen, Department of Political Science, Santa Clara University, 500 El Camino Real, Santa Clara,
CA 95033, USA.
Email: echen@scu.edu
Keywords
criminal records, desistance, expungement, record clearance, reentry
Introduction
A criminal record constitutes a ‘‘civil death’’ in the United States of America, sub-
stantially diminishing a person’s opportunities to vote, serve on a jury, obtain
employment, and access student loans, subsidized housing, and public benefits
(Brown, 2011; Delgado, 2012; Ewald and Uggen, 2012; Geffen and Letze, 2004;
Holzer et al., 2003, 2004; Jacobs, 2015; Travis et al., 2014). The American Bar
Association has identified more than 38,000 collateral consequences
1
of criminal
convictions in the United States (ACLU et al., 2012). As of 2014, over 100 million
people in the United States had a criminal record (Bureau of Justice Statistics,
2015). Using more conservative estimates, Rodriguez and Emsellem (2011) place
the number of adults holding a criminal record in America at 65 million, or one-
third of the adult population (Ewald and Uggen, 2012). The collateral consequences
of a criminal past attach not only to persons with felony convictions, but also to
persons convicted of misdemeanors, even if no jail time was served (Berson, 2013;
Jacobs, 2015; Travis et al., 2014). For example, in California, among various other
restrictions, persons convicted of misdemeanors can be barred from receiving
unemployment benefits; obtaining a professional boxing license; obtaining a
gaming license; and working in health care agencies, childcare centers, and various
state government jobs (American Bar Association, 2013). When an individual
experiences these collateral consequences of incarceration, he or she may withdraw
from the formal labor market (Travis et al., 2014) making successful reintegration
into conventional society and desistance from crime extremely difficult.
The collateral consequences of incarceration are well documented (see, e.g.,
Mauer and Chesney-Lind, 2002; Travis et al., 2001). However, past research has
overlooked whether expungement of a criminal record can aid a person’s desistance
from a criminal lifestyle and successful reintegration into society. Expungement—
‘‘the legally sanctioned destruction or eradication of records or other information
in databases, written files and archives pertaining to criminal charges against an
individual’’ (Katel, 2012: 352)—is premised on the belief that the consequences
associated with a criminal conviction should, in time, come to an end (Jacobs,
2015). It is designed to remove some of the collateral consequences of criminal
convictions, by restoring persons to their previous position within society, at least
in part (Wayne, 2012).
2
In many cases, expungements are only granted after ex-
offenders have proven they have turned their lives around and deserve a second
chance (Jacobs, 2015; Wayne, 2012).
However, even with expungement, individuals may continue to experience col-
lateral consequences of their convictions. For example, expungement orders are not
applicable to nongovernmental sources; this inapplicability allows data bro-
kers—companies that collect, store, and sell personal information—to disseminate
information about convictions even after expungement (Wayne, 2012). As such,
24 Punishment & Society 19(1)
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