Record Clearing

Cartoon depicts individual not being invited to an expungement party

Can Data-Driven Policy Shape Expungement Uptake?

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What if thousands, perhaps millions, of people could stop their past—their criminal record, that is—from following them in job interviews and housing applications? What if some barriers to record clearing could be improved by policy, and not by an individual’s circumstances? Would that improve uptake in expungement? A 2025 article in the North Dakota Law Review addresses the possibilities by examining the current state of record clearing in Pennsylvania and Kansas and potential policy reforms in both states that would produce the greatest number of eligible records for clearing. 

Cartoon depicting an individual seeking information on an arresting officer's badge number for a former offense, with the police captain noting that the officer no longer works there

Record Clearing as a “Rite of Passage”: What Kansas Expungement Reveals About Access to Justice 

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Criminal record clearing has become a prominent policy tool for improving individuals’ employment, housing, and reentry outcomes. However, too often, eligibility does not translate into actual access or successful uptake. But why?  A look at the trials and tribulations of the expungement process in Kansas offers insight into the design of criminal law institutions as a whole.

Cartoon depicting an individual throwing out a criminal record while heading into a Michigan job interview

Expungement in Michigan: Between Promise and Outcomes

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A landmark study on Michigan’s expungement system found that criminal record clearing was linked to low recidivism rates, no compromise to public safety, and better outcomes for the recipients. But what does it say about the process when those promising results are not enough to entice eligible individuals?

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