The Illinois Second Chance Expungement/Sealing Gap

Abstract

20 ILCS 2630/5.2 allows individuals whose criminal records meet certain conditions to expunge or seal their records. Ascertaining and applying the law to a sample of 2,113 criminal histories, including about 63% with convictions records, and then extrapolating our results to the estimated population of 3M individuals in the state with criminal records and 1.5M individuals with convictions records, we estimate the share and number of people who are eligible for relief but have not yet received it. These individuals fall within the “second chance gap,” the difference between eligibility for and receipt of records relief. We also estimate the aggregate earnings loss associated with people eligible for relief from convictions that have not yet received it. We did not model legal financial obligations or other out-of-record criteria. Racial disparities are significant in the Illinois population of people with a criminal record, with an estimated 7% of white Illinoisians but 22% of Black Illinoisians having a conviction record.

Keywords: criminal records, second chances, second chance gap, expungement, earnings loss, cost-benefit analysis, fiscal analysis, uptake analysis, Clean Slate

JEL Classification: K14,K40,K42