A criminal record can create lifelong barriers long after a person has completed their sentence and demonstrated a commitment to living a law-abiding life. While nearly every state provides some form of record sealing or expungement, the federal system offers almost no pathway for individuals to clear their records, even after years of rehabilitation.
A responsible federal expungement policy is not about ignoring criminal conduct or removing accountability, but rather recognizing when accountability has been fulfilled and when an individual has demonstrated that they can safely reintegrate into society.
Research shows that expungement is a public safety strategy. A landmark study examining individuals who received expungements found that they were less likely to commit future crimes than the general population. Within five years of receiving an expungement, only 4.2% were reconvicted of any crime, just 1% were reconvicted of a felony offense, and only 0.6% were reconvicted of a violent offense.
Expungement recipients have typically completed their sentences, maintained crime-free lives during required waiting periods, and demonstrated the stability that comes with successful reentry. By removing unnecessary barriers that prevent rehabilitated individuals from working and contributing to society, expungement can reduce the factors associated with recidivism and make communities safer.
A narrowly tailored federal expungement pathway focused on individuals who have completed their sentences, met eligibility requirements, and demonstrated rehabilitation would bring the federal system in line with proven state approaches while strengthening public safety.
Key Facts
Nearly every state provides some form of record clearing, but the federal system lacks a meaningful pathway.
Expungement recipients have exceptionally low rates of future offending. Within five years after expungement:
- 4.2% reconvicted of any crime
- 1% reconvicted of a felony offense
- 0.6% reconvicted of a violent offense
Removing barriers to employment and stability can support successful reentry and reduce recidivism