R Street Institute Letter to Maryland Governor Wes Moore in Support of MD SB 432, Expungement Reform Act of 2025

April 7, 2025

The Honorable Westley Moore
Governor of Maryland
State House
100 State Circle
Annapolis, MD 21401

RE: The R Street Institute’s Support for Senate Bill 432, Expungement Reform Act of 2025

Governor Moore:

My name is Sarah Anderson, and I am the associate director of criminal justice and civil liberties policy at the R Street Institute, a nonprofit, nonpartisan public policy research organization. I am writing to you on behalf of R Street to share our support for Senate Bill 432, as well as to express our gratitude for your strong support of this measure. As you know, providing individuals with criminal records the opportunity to move forward and leave past mistakes behind is essential for both their personal success and the well-being of their communities.

As a public policy research organization, R Street engages in policy analysis and outreach promoting free markets, and limited, effective government in a variety of policy areas, including criminal justice and civil liberties issues. We are particularly committed to creating a system that holds individuals accountable while offering the chance for rehabilitation and the opportunity to rebuild their lives. Senate Bill 432 provides a crucial pathway for this in Maryland.

This bill addresses several key areas to expand as well as improve upon Maryland’s current record sealing and expungement system.^[1] Most importantly, this bill fixes the flaw in Maryland law whereby anyone who has ever received a technical violation while on probation or parole (e.g. missed probation appointment, late curfew, outstanding court costs or fines) then becomes permanently ineligible for expungement. Such violations are non-criminal in nature, and should not be yet another barrier that those with criminal records face when working to move forward as productive members of society.

Additionally, this legislation would add three more non-violent, low-level misdemeanors to the list of eligible offenses for expungement under Maryland statute, and also bring current law in line with the state’s legalization of cannabis and your executive clemency actions.^[2] Together, these changes would markedly improve Maryland’s landscape for record sealing and expungement.

Research proves that individuals who remain crime free for five to seven years without further offenses are no more likely to reoffend than those with no criminal record, making this legislation a sensible, evidence-based policy.^[3] To grasp the importance of shielding criminal records from the public after individuals remain crime-free for a set period, one must understand the lasting consequences and barriers faced by those with records, even years after completing their sentence.^[4] 

One of the greatest challenges faced by people with existing criminal records—which affects nearly 22 percent of Maryland’s adult population—is the enduring hurdle to basic life necessities such as employment, housing, and education.^[5] In fact, there are more than 40,000 state or federal regulatory or legal restrictions that limit opportunities for those with criminal records with regards to employment, business and licensing, housing, and education, among other things.^[6] These create negative outcomes for both those directly impacted as well as for those who live in community with them.

For example, 94 percent of employers use background checks when hiring, and an arrest or conviction record reduces the chances of a callback or job offer by nearly 50 percent.^[7] This not only negatively affects those who are left unemployed or underemployed, but also those around them. Even those without criminal records are affected by the barriers that individuals with records face, because such barriers leave significant portions of society unable to reach their full potential in the economy and in public life. Moreover, reduced opportunities for gainful employment contribute to increased recidivism and therefore increased crime, which presents a public safety threat to society as well.^[8]

However, this need not be the case. Data indicates that those who have had their records sealed benefit dramatically from the policy, relating to factors that reduce reoffense rates, such as improving access to employment, housing, and education.^[9] All of these factors not only improve the lives of those with the criminal record, but also the lives of those around them, their broader community, and the state overall.

As you take a final look at Senate Bill 432, we encourage you to publicly share the benefits of this legislation and give those with criminal records in Maryland the hope that comes with a sealed record, particularly during this month, which is designated as Second Chance Month. Senate Bill 432 offers a chance to bring improved record sealing and expungement practices to the state of Maryland. For these reasons, we strongly support this legislation and respectfully request that you sign SB 432 into law.^[10]

Thank you,

Sarah Anderson
Associate Director, Criminal Justice & Civil Liberties
R Street Institute
sanderson@rstreet.org

Cc: Jeremy Baker, Chief Legislative Officer, Office of Governor Westley Moore

      Myles Hicks, Deputy Legislative Officer, Office of Governor Westley Moore

      Eric Luedtke, Senior Policy Advisor, Office of Governor Westley Moore