A federal Clean Slate Act will enhance public safety and grow our economy

For many of us, spring is a moment of new beginnings, which is why April is designated as Second Chance Month. This time is dedicated to those who are still dealing with the consequences of a criminal record. They are, unfortunately, still being defined by the worst day of their lives. Ninety four percent of employers use background checks to screen out applicants with records. Ninety percent of landlords use background checks to screen out applicants with records. And 72 percent of colleges and universities use background checks to screen out applicants with records.

Last year, I participated in a “Hill Day” organized by The Clean Slate Initiative. Joined by bipartisan policy advocates from a diverse group of organizations, I escorted people to House and Senate offices so they could share their lived experiences with members of Congress and congressional staff while advocating for a federal Clean Slate Act.

As vice president of Due Process Institute and a long-time conservative advocate, lobbying is certainly not new to me, but this experience was personal. My uncle, a recovering addict, was one of the many impacted people who came to D.C. to have their voices heard. Watching them share their experiences was moving. I hope it served to educate lawmakers about the many barriers that a record sets in front of anyone desperately trying to turn their life around. 

More than 70 million Americans have a record — either of an arrest or a conviction. That’s almost as many Americans as have a four-year college degree. This includes people who were arrested but never prosecuted and even many who were ultimately deemed innocent of any wrongdoing. It includes people whose crimes were nonviolent or were a result of their drug dependence.

For most people, these records are unnecessary barriers to those seeking to live productive lives because they prevent people from finding meaningful work, obtaining housing and receiving higher education. Sealing a record is the key to providing someone with a meaningful opportunity to move forward. 

The Clean Slate Act would streamline the sealing of records for those who have been acquitted, exonerated or were arrested but never ultimately had criminal charges filed against them in the federal system. It would also seal records for thoseconvicted of simple drug possession and low-level, nonviolent marijuana offenses one year after the completion of their sentence (including any term of probation or supervision).

The legislation would also allow people convicted of certain nonviolent federal offenses to petition the court to ask to seal their records, with the prosecuting U.S. Attorney’s Office and, if applicable, victims of the offense receiving notification of the petition. Importantly, while records will be sealed for most purposes, law enforcement and courts would still have access to an individual’s records. 

Republican and Democratic state lawmakers across our nation have recognized the sound public policy behind ensuring people with certain arrest or conviction records have a meaningful second chance; today, more than 40 states have some form of record-sealing or expungement process. A dozen states — including Colorado, Michigan, Utah, Pennsylvania and Oklahoma — have adopted state-level clean slate laws. Now, it’s time for Congress to act, ensuring that those who meet the requirements can receive a fair shot at building a better life for themselves.

Still, introducing the Clean Slate Act is only the first step in the process. We have a long way to go before the bill can help millions, and in our way stands the reactionary tendency of some in Congress to oppose criminal legal system reform. Too many in Congress weaponize the issue of public safety.

Unfortunately, the politics of fear has a market, and those who aim for political advantage are eager to push narratives that are easily debunked by available data. Lost in the rhetorical warfare are people who desperately want a better life for themselves and their families but find barriers to gainful employment and safe housing. Keeping these barriers in place only increases the risk of recidivism to the detriment of public safety.

Public safety is strengthened when individuals have a real chance to succeed. Having a job is critical to breaking the cycle of crime and keeping communities safe. Simply put, employment is among the strongest evidence-based solutions for public safety. 

Record-sealing is also good for America’s employers — particularly small businesses that are desperately looking for workers. In January, there were 913,000 more job openings than there were workers actively seeking a job. The labor shortage that we face — driven by our aging population — is only going to get worse. America needs more workers to grow our economy, but too many barriers to hiring exist for the waiting workforce of skilled workers with a record. Record-sealing opens doors for more people to fully participate in our economy.

As a society, we should want to provide a path forward for people so they can support themselves and their families as a matter of fairness and forgiveness. But we also need to understand that failing to provide that path forward hurts all of us in the long run. 

Jason Pye is the vice president of Due Process Institute.