A New Era for Expungement Law Reform - Recent Developments at the State and Federal Levels
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A New Era for Expungement Law Reform?
Recent Developments at the State
and Federal Levels
Brian M. Murray*
Abstract: In the past decade, due to heightened interest in criminal law reform,
several states have enacted specific laws attempting to expand the range of expunge-
ment remedies available to individuals with publicly available criminal records. This
article evaluates these efforts. It begins with a discussion of the pervasive availabil-
ity of arrest and conviction records, both publicly and privately. It then surveys the
myriad collateral consequences that enmesh individuals who have made contact with
the criminal justice system and details how jurisdictions have responded with some-
what unambitious expungement regimes. It notes that while these remedies were
crafted with good intentions, they were often limited by skepticism of the soundness
of their legal basis. The article proceeds to evaluate a few legislative efforts at the
state level that are geared towards increasing relief discussing the texts of the laws
in depth and comparing them with previously existing remedies. The article also
evaluates recent federal legislative efforts and efforts in the federal courts to allow
for expungement at the federal level. The piece concludes by situating these recent
reforms within a broader discussion about how to alleviate the effects and collateral
consequences of criminal records.
INTRODUCTION
Expungement law seems to sit at the place where good intentions con-
front legislative realities. Recent expungement law efforts at the state level
include attempts at drastic reforms as well as piecemeal tinkering, both of
which impliedly recognize the insufficiency of existing relief mechanisms.
Some have lauded these efforts,1 while others consider them an attempt to
address complicated problems with outdated tools.2 It is probably too soon to
determine the cumulative long-term effects of such efforts, especially in
terms of changing attitudes regarding the availability of criminal records.
However, given that expungement is but one piece of overall efforts to com-
prehensively address the effects of collateral consequences, comparing the
* Abraham Freedman Fellow and Lecturer-in-Law, Temple University, Beasley School of
Law; J.D. 2011, magna cum laude, Notre Dame Law School; B.A. Philosophy and Political
Science, summa cum laude, Villanova University, 2008. I would like to thank my wife Kathe-
rine for her unyielding support, my daughters Elizabeth and Eleanor for their inspiring wonder
and curiosity in all things, and my entire family for their unconditional love, continuous pa-
tience, and enduring encouragement.
'Lesley Weidenbener, Indiana Gov. Mike Pence Signs Sentencing, Expungement Bills
into Law, EVANSVILLE COURIER & PRESS (May 6, 2013), http://www.courierpress.com/news/
state/indiana-gov-mike-pence- signs- sentencing-expungement-bills-into-law-ep-443184841- 32
7221091.html [https://perma.cc/MQ24-TPDE] (quoting Governor Pence as stating, Indiana
should be the worst place in America to commit a serious crime and the best place, once
you've done your time, to get a second chance).
2 The Editorial Bd., Job Hunting with a Criminal Record, N.Y. TIMES (Mar. 19, 2015),
http://www.nytimes.com/2015/03/19/opinion/job-hunting-with-a-criminal-record.html?ref-
opinion& r- 1 [https://perma.cc/WRU9-RELC].](ViewImageLocal?handle=hein.journals/harlpolrv10&div=20&collection=&method=preview&ext=.png&size=3)
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A New Era for Expungement Law Reform - Recent Developments at the State and Federal Levels
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