The Texas Second Chance Non-Disclosure/Sealing Gap

Abstract

Texas Gov. Code Chap. 411 allows individuals whose criminal records meet certain conditions to non-disclose or seal their records. Ascertaining, then applying the law to the criminal profiles of Texans with convictions or deferred adjudications, as reflected in the Texas Computerized Criminal History System database (CCH) obtained from the Texas Department of Public Safety (described in Appendix B), as well as a sample of 2,362 criminal histories, and then extrapolating to the estimated population of 4.8M individuals in the state with conviction records and estimated population of 7M individuals in the state with any record 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 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 this relief. We did not model legal financial obligations or other out-of-record criteria. Racial disparities are significant in the Texas population of people with a criminal record, with an estimated 42.8% of Black Texans but 22.8% of White Texans having a conviction record based on state criminal history data and Census data (2021).

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