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Abstract

Record clearance is the process of expunging and reducing offenses listed on an individual’s Record of Arrests and Prosecutions (RAP). The current regime of laws surrounding the issue of record clearance is a patchwork of state laws that permit and restrict the process depending on the offense, the sentence, and multiple factors pertaining to the judicial process. The mere existence of a RAP sheet creates barriers to achieving any number of goals established at the individual or societal level. This article argues that record clearance should be universally proportional to circumstances across all levels of the justice system, as it works in favor of progress, works in opposition to recidivism, and benefits the justice system across the board. First, it recommends a national approach to most offenses, while leaving some to the states depending on circumstances. Second, it recommends automating expungement processes using the technology available in the modern age. Third, it recommends further steps that can be taken to build upon the potential outcomes of expungement expansion.

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