The Minnesota Second Chance Expungement Gap

Abstract

Minnesota Statute Sections 609A, 243.166, and 609.02 define conditions under which individuals with criminal records can expunge their records. Ascertaining, then applying the law to a sample of 581,478 criminal histories of people with convictions records, and then extrapolating to the estimated population of 1.1M 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 gap,” the difference between eligibility for and receipt of records relief. Importantly, we assumed that all who met the threshold criteria for receiving expungement were eligible, and did not take into account the balancing test under 603A.03 Subdivision 5.e did not model legal financial obligations or other out of record criteria). We also estimate the aggregate earnings loss associated with people eligible for relief from convictions that have not yet received it. Racial disparities are significant in the Minnesota population of people with a criminal record, with an estimated 6.6% of white Minnesotans but 17.3% of Black Minnesotans, and over a quarter of American Indians or Alaskan Natives having a criminal record based on state criminal history data and Census data (2020).

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