Record relief report, resources offer solutions to reduce reentry barriers

According to the National Conference of State Legislatures, approximately one in three American adults—about 80 million people—have criminal records. These records can impose significant social and economic barriers on individuals seeking to reintegrate into society.

“All too often, the consequences of a conviction continue to impede a criminal defendant long after their sentence has been completed. By limiting employment and housing opportunities, a criminal record can be a significant barrier to the individual’s successful reintegration into society and lead to recidivism,” said Rhode Island Chief Justice Paul Suttell, co-chair of the Blueprint for Racial Justice steering committee.

To help courts understand their role in removing barriers related to criminal records, the Blueprint for Racial Justice (BRJ) has launched a Record Relief Resource Center that provides information and tools.

A guide to record relief in state courts

The resource center features a new, comprehensive report, Making the Promise of Expungement a Reality: A Guide to Record Relief in State Courts.

The report examines the current landscape of record relief, encompassing expungement, sealing, set-asides, and judicial certificates of relief, and explores the collateral consequences of court records, which can impact both individuals and the judicial system.

“Having a criminal record can create barriers to employment, housing, education, social services, and more,” explained Edwin Bell, NCSC’s director of racial justice, equity, and inclusion. “These collateral consequences threaten the courts’ efforts to achieve racial equality in justice outcomes and likely undermine public trust and confidence in the courts.”

Bell further noted that collateral consequences contribute to sentencing disproportionality, increase recidivism and court caseloads, and exacerbate racial disparities.

Record relief in Arizona

Over the past few years, lawmakers in Arizona have passed bills that offer full or partial relief in marijuana, juvenile, and felony cases. Some relief can be sought automatically while other relief requires an individual to initiate the process.

“Most people don’t take the initiative to use these opportunities,” said Arizona State Court Administrator Dave Byers.

To improve adoption, Byers encouraged courts and lawmakers to not make the requirements overly complicated and identify ways to automate processes. Additionally, he said parties should also be advised of their options at both sentencing and upon release from custody and/or supervision.

Removing barriers to record relief

While record relief initiatives have expanded in recent years, less than 10% of eligible individuals receive relief. The report highlights the role that courts can play in removing barriers to accessing relief and offers actionable steps to address these issues. These steps include:

Automatic record clearing
Creating awareness of eligibility through outreach
Simplifying the process and reducing fees
Increasing access to legal assistance
Removing court debt as a factor in eligibility or adjudication
Reducing waiting periods
Holding private parties accountable for disseminating court records

The resource center also includes an interactive map displaying court programs and initiatives with links to state-specific resources and policies.

Collaboration and Support

The report, authored by NCSC researchers Niki Hotchkiss and Andrea Miller, and resource center were developed in collaboration with members of the Blueprint for Racial Justice (BRJ) Systemic Change Working Group. The BRJ is supported by the State Justice Institute and staffed by NCSC.

Learn More

For more information about record relief, visit ncsc.org/recordrelief.

Nominations open for 2024 Burger Award for Excellence in Court Administration

NCSC is currently seeking nominations for the Warren E. Burger Award for Excellence in Court Administration. Named for the late Chief Justice of the United States, the award honors an individual, other than a sitting judge, whose service has significantly contributed to improving the administration of state courts. Service may be at the local, state, or national level. Nominations are due no later than Monday, September 30. Visit the NCSC website for details outlining the nomination process.