The Oregon Second Chance Set-Aside Gap

Abstract

Oregon Revised Statute 137.225 (2019) allows individuals whose criminal records meet certain conditions to expunge (“set-aside”) their records. Ascertaining, then applying the law to a sample of ~121K criminal histories, and then extrapolating to the estimated population of up to 1.4M individuals in the state with criminal records , we estimate the share and number of people who are eligible for relief but have not received it and therefore fall into the “second chance set-aside gap,” the difference between eligibility for and delivery of records relief. (We did not model legal financial obligations or other out of record criteria). Racial disparities are significant in the Oregon population of people with a criminal record, with an estimated 16% of white Oregonians but 60% of Black Oregonians 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,K40K,42