Veto closes window on reform but opens a door for public safety

On July 6, 2023, Gov. Mike Parson vetoed comprehensive criminal law bill SB 189, which proposed a number of significant changes to the state’s criminal justice system. The most important, as experts note, are prohibiting arrest warrants for traffic citations, eliminating the sentencing disparity between crack and powder cocaine, and raising the age juveniles can be transferred to adult court. While the governor is rightly “supportive of efforts to give individuals a second chance,” one of two reasons for his disapproval is the potential for the bill to have unintended consequences pertaining to the expungement of criminal records. 

The veto of this bill presents an opportunity for legislators to be even more intentional about improving public safety across Missouri by addressing the governor’s concerns and pivoting the petition-based proposal in SB 189 towards an automated record sealing and expungement model instead. Automated record sealing, as outlined in HB 352 from the most recent session, means that instead of having to ask to have certain criminal records sealed, these records are sealed automatically if the crimes fall into a certain category and individuals have remained law-abiding for a specified number of years. 

This policy, widely known as “clean slate,” would be a boon to public safety and the economy in the state. 

Fewer than one percent of eligible Missourians use the existing petition process because it is expensive, confusing, time-consuming and uncertain. For the 1.9 million state residents who––as a result of old arrest or conviction records––lack access to basic life necessities like stable and suitable housing, education and employment, petition-based sealing just doesn’t work. 

Ninety percent of employers, 80 percent of landlords and 60 percent of colleges use criminal background checks to screen and deny applicants. Publicly available records are often inaccurate or incomplete and there is no consideration of the length of time that has passed since the arrest, the circumstances of the charges or the rehabilitation efforts of the individual. Advocates see clean slate legislation as the key to unlocking opportunity, rebuilding the workforce and lifting people out of poverty.

Clean slate legislation bridges the gap between eligibility and expungement by using technology to automate the process. Importantly, it also includes exemptions that preserve public safety and establishes reasonable timelines for individuals to prove they can remain crime free. Studies indicate that when an individual has remained arrest-free for several years after their conviction, their recidivism rates are exceedingly low and they are no more likely to commit crime than anyone else in the community. People with sealed records are more likely to be employed and earn higher wages and are less likely to quit or be fired than their counterparts without a criminal record. Since employment is a key factor in reducing recidivism, the importance of restoring access to a suitable job cannot be understated. 

Clean slate record sealing also benefits all Missourians. According to the Missouri Budget Project, “[b]ased on the average wage increase for individuals, clean slate legislation would increase Missourians’ wages by an estimated $2.3 billion annually statewide.” These earnings increase the flow of money in local and state economies and are estimated to generate an additional $131 million in state general revenue each year.

Clean slate automated record sealing would be a huge boost to public safety and the economy in Missouri. The next legislative session presents a perfect opportunity to incorporate this policy and join the growing list of states who have adopted similar legislation. Adding clean slate stands to set Missouri further on the right track for safety and prosperity.

Dr. Christi Smith is a Resident Senior Fellow for the Criminal Justice and Civil Liberties Program at the R Street Institute. 

Sarah Anderson is Associate Director of the Criminal Justice and Civil Liberties Program at the R Street Institute.