Effects of automatic criminal record expungements on employment (Onal, 2022)

Causal Study Rating:
Moderate Causal Evidence
Study Type:
Causal Impact Analysis
Outcome Findings:
Employment: Mod/high-Unfavorable impacts

Citation
Onal, C. (2022). Effects of automatic criminal record expungements on employment. SSRN. Available at http://dx.doi.org/10.2139/ssrn.4192101 [Subgroup of Black individuals]

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There is no conflict of interest.

Highlights

  • The study's objective was to examine the impact of automatic expungement state policies on employment for Black individuals aged 25 to 64 with no college education. The author investigated similar research questions for another contrast with White individuals, the profile of which can be found here.
  • The author used a difference-in-differences design to examine the relationship between automatic expungement state policies and employment for Black individuals. Using Current Population Survey data from 2010 through 2021, the author used a statistical model to compare employment over time in states that did and did not adopt automatic expungement policies.
  • The study found a negative statistically significant relationship between automatic expungement state policies and employment for Black individuals aged 25 to 64 with no college education.
  • The quality of causal evidence presented in this report is moderate because it was based on a well-implemented non-experimental design. This means we are somewhat confident that the estimated effects are attributable to state automatic expungement policies, but other factors might also have contributed.

Intervention Examined

Automatic Expungement Policies

Features of the Intervention

Individuals with past involvement in the criminal justice system often face barriers to employment. Some states have adopted automatic expungement policies, such as Clean Slate legislation and cannabis-related expungement, that automatically clear criminal records for eligible individuals. This study examined four states that adopted automatic expungement policies. Pennsylvania implemented Clean Slate legislation that automatically cleared federal criminal records related to low-level crimes. Illinois, New York, and New Jersey implemented automatic expungement policies that cleared cannabis-related criminal records.

Features of the Study

The author used a difference-in-differences design to examine the relationship between automatic expungement state policies and employment for 418,679 Black individuals aged 25 to 64 with no college education. The author used individual-level monthly Current Population Survey data from January 2010 through December 2021, which included individual characteristics and employment outcomes. The treatment group included Black individuals living in the four states that adopted automatic expungement policies during the study period: Pennsylvania, Illinois, New York, and New Jersey. The comparison group included Black individuals living in all other U.S. states. The author used a linear probability model to compare employment over time in states that did and did not adopt automatic expungement policies.


Findings

Employment

  • The study found that automatic expungement state policies significantly decreased the probability of employment by 3.99 percentage points for Black individuals aged 25 to 64 with no college education.

Considerations for Interpreting the Findings

The author conducted several robustness checks. To address the potential for confounding posed by states in the comparison group with limited automatic expungement policies, the author re-examined impacts after excluding states with limited automatic expungement policies so the comparison group included only states where expungement required a petition; they found that the results remained consistent. The author also re-examined impacts by removing each treatment state one at a time to determine if any single state was heavily influencing the overall results; they did not find any state that significantly altered the conclusions.

Causal Evidence Rating

The quality of causal evidence presented in this report is moderate because it was based on a well-implemented non-experimental design. This means we are somewhat confident that the estimated effects are attributable to state automatic expungement laws, but other factors might also have contributed.

Reviewed by CLEAR: May 2026

Research Guidelines

Review Protocol: Living Systematic Annual Search and Review Protocol

Review Guidelines: Causal Evidence Guidelines