Embracing rehabilitation and second chances for Californians

California Gov. Gavin Newsom recently announced that the state will be transforming San Quentin, the oldest and most notorious prison in the state, into a rehabilitation and education facility. While the move is controversial, it’s not the only major criminal justice reform the state is implementing right now. The new “clean slate” law, signed by Gov. Newsom late last year is worth watching closely.

It is the most wide-ranging record-sealing and expungement law in the nation and could help reduce crime rates, save taxpayer dollars, and lead to safer, more prosperous communities. Californians can start applying today to have their eligible records sealed.

The new law will automate the process and remove barriers to success in society created by the simple existence of a criminal record. As one in three Americans have a criminal record, and one half of all Americans either currently have or have had a close family member incarcerated, the benefits of sealing records cannot be overstated. And before anyone calls this “soft on crime,” individuals with violent, serious felony records are not eligible for automatic expungement. 

Clean slate policies have been shown to alleviate the historical harms of old “tough on crime” policies that continue to plague communities of color with over-incarceration, higher rates of police brutality, and family separation or economic strife. This new law stands to dramatically improve the daily lives of Californians and is focused on rehabilitation for non-violent offenders who served time in prison. 

When considered in the context of daily life for minority communities today, clean slate policy could also help contribute to long-lasting racial balance. This will be especially important in  California, where Black men are incarcerated at rates ten times higher than their white counterparts. For further context, Black people in California only make up approximately 6 percent of the state’s population, but represent 20 percent of its jail population and 28 percent of its prison population. Such dramatic numbers are good reminders that record sealing practices will overwhelmingly benefit Black people. 

When considered in the context of daily life for minority communities today, clean slate policy both in California and at the federal level can create long-lasting racial balance as well. Clearing records can––and does––open up second chances for upward mobility by way of easier access to education, housing, and jobs. This is important, because barriers to these basic life necessities often lead to future criminal behavior. 

Importantly, increased action on the state level can help spur much-needed action on the same issue at the federal level, just as state-led prison reform and programming in the decade prior yielded the successful passage and enactment of the First Step Act in 2018. Politicians and local leaders should throw their weight behind successful and smart implementation of California’s new clean slate legislation as well as pursuit of others like it, including the federal Clean Slate Act, to ensure long-term liberty and justice for all.