Voices of Redemption: A National Survey of People with Records

States across the nation continue to grapple with the need for changes in our criminal justice and public safety systems. There is increasing recognition that over-reliance on incarceration without enough prevention and treatment locks communities into cycles of crime. 

The voices and experiences of people who are impacted by crime and incarceration are critical to informing the urgent debate on public safety and defining the best path forward to stop the cycle of crime and promote safety and justice. Understanding the short and long-term impacts of these policies, however — particularly the impacts of post-sentencing policies on people with records — has been alarmingly limited. 

To help decision-makers understand these impacts, in March, 2023, Alliance for Safety and Justice commissioned a first-of-its-kind National Survey of People with Records. A nationally representative sample of 4,060 people across the country were contacted. From that pool, 554 people who had been arrested, convicted, or incarcerated were interviewed about their experiences with, and impacts of contact with the criminal justice system. 

The 2023 National Survey of People with Records reveals that the majority of people with records have suffered significant barriers to economic mobility as a result of their record, nearly all have been victims of crime who did not receive support in the aftermath of harm, and most experienced crisis prior to arrest. 

The following key findings from this survey point to opportunities for further research and reform to advance policies that balance accountability, prevention, rehabilitation, and second chances that keep all communities safe.

Key Findings

Economic impacts of having a record: The 2023 National Survey of People with Records shows that people with records have a wide range of demographics and backgrounds — but they overwhelmingly experience economic devastation as a result of having a record. Of those sampled:

• 2 out of 3 of people with a record (67%) were over the age of 35 
• 7 in 10 people with a record (69%) were last convicted or incarcerated more than five  years ago 
• 1 in 5 people with a record (20%) had an annual gross household income of less than $25,000 
• 2 in 5 people with a record (42%) had an annual gross household income of less than $50,000
• More than 4 in 10 people with a past conviction (44%) cited difficulties attaining housing 
• More than 1 in 2 people with a felony conviction (53%) had been evicted or forced to move because they were unable to pay housing bills
• More than 1 in 2 people with a past conviction (55%) cited difficulties attaining a job, maintaining employment, or making a living

Challenges accessing record relief: Most people with past convictions have been unable to access record clearance, and those who have had their records cleared found the process difficult: 

• More than 3 in 4 people with a past conviction (76%) had not removed or cleared any conviction from their record 
• Of those surveyed who were able to remove or clear a past conviction from their record, more than half (51%) reported that they found it difficult to do so

Factors that contribute to arrest, conviction, or incarceration: People with records often faced multiple crises prior to arrest, including chronic unemployment, housing instability, or limited options for resolving substance use disorder or unaddressed trauma. The 2023 National Survey of People with Records reveals that the criminal justice intervention did not effectively address, or even exacerbated these underlying drivers.

• Nearly 6 in 10 people with a past conviction (58%) cited mental health as a factor that led to their arrest
• Of people with a past conviction who cited mental health as a factor that led to their arrest, nearly 1 in 2 (48%) said their experience being convicted or incarcerated made their mental health worse 
• Nearly 6 in 10 people with a past conviction (57%) cited substance use or addiction as a factor that led to their arrest 
• Nearly 2 in 3 people with a past conviction (64%) cited financial struggles as a factor that led to their arrest 
• Of people with a past conviction who cited financial struggles as a factor that led to their arrest, nearly of half (48%) said their experience being convicted or incarcerated made their financial struggles worse 
• Half of people with a past conviction (50%) cited trauma from prior crime victimization as a factor that led to their arrest 
• Of people with a past conviction who cited trauma from prior crime victimization as a factor that led to their arrest, nearly 4 in 10 (39%) said their experience being convicted or incarcerated made this trauma worse

The impact of victimization on people with records: People with records are much more likely to become victims of crime than people without records. The 2023 National Survey of People with Records found that of those sampled:

• 9 out of 10 people with a record (91%) have been a victim of a crime, compared to less than half of people who do not have a record (44%)
•  More than 1 in 3 people with records who have been a victim of a crime (37%), were victims both before and after their arrest
• More than 1 in 3 people who have been incarcerated in jail or prison for one week or longer (35%) were victimized during their incarceration 
• Nearly 2 in 3 people with records who have been a victim of a crime (65%), were victims before their arrest
• Types of crime personally experienced by people with records: 
  • Someone injuring or threatening to injure with a weapon or physical force: 1 in 2 (51%) 
  • Someone forcing, or trying to force sex or sexual contact: Nearly 1 in 4 (23%) 
  • Someone shooting at you with a gun: Nearly 1 in 4 (22%) 
  • Someone trying to kill you: Nearly 1 in 4 (22%) 
  • Someone killing your family member or loved one: Nearly 1 in 5 (19%) 

According to results from the 2022 National Survey of Victims’ Views, a nationwide survey of crime victims regarding their experiences with the justice system and public safety policy preferences, survivors who reported having records were more likely than people without records to have wanted help that they did not receive: 

• Nearly 4 in 10 (37%) would have wanted but did not receive counseling or mental health support, while fewer than 3 in 10 (28%) received it 
• More than half (53%) would have wanted but did not receive help understanding and navigating the civil and criminal courts following their victimization, while only about 1 in 6 (17%) received this help 
• 1 in 3 (33%) would have wanted but never received emergency or temporary housing, while only about 1 in 12 (8%) received it  

Recommendations

Advancing safety must include effective strategies to hold individuals who commit crimes accountable and stop cycles of violence, as well as strategies to provide people with records pathways to recover from the physical, emotional, and financial consequences of justice involvement. 

When people living with past convictions are ineligible for jobs, housing, loans, and more — long after their sentences are completed — attaining stability and reintegration is nearly impossible. This has lifetime impacts on families, communities, the economy, and public safety. 

Despite strong public support for redemption, countless barriers remain in place that prevent second chances — or even prevent crime in the first place. Given the enormous number of barriers to stability people with records face, what we know about the drivers of crime, and the persistent pursuit of incarceration-first approaches to public safety, we offer the following policy recommendations: 

• Sunset policy framework | enhance record sealing and reduce economic barriers: Every state should enact sunset policies: a clear and accessible process for sealing criminal records after a person has served their time and been crime-free for a set period of time. The Sunset Policy Framework aims to strike a balance between justice, safety, and economic growth by encouraging states to adjust and expand their current record change systems to ensure fair access for all. The Framework focuses on judicial efficiency and cost effectiveness by incorporating measures such as automation to improve the record sealing process. 

  With an emphasis on personal responsibility, the Framework proposes that individuals who have completed their sentences and maintained a crime-free period should be considered rehabilitated and eligible for record sealing. Recognizing the challenges of automating record sealing for certain offenses, the Sunset Policy Framework recommends alternative strategies, such as a streamlined petition process. Drawing inspiration from the successes in other states, the Framework seeks to provide practical solutions for record sealing that maintain public safety. 

  The Framework suggests that the federal government support states during this transition by offering incentives and financial assistance to upgrade their data and information systems, thus enabling the implementation of improved record change systems. This assistance could be provided through a range of existing grant programs, carefully tailored to meet the unique needs of each state. 

• Redemption and reentry for all: Everyone familiar with the process of exiting the justice system, from corrections officials to individuals who have served incarceration terms, agrees that reentry programs are crucial to safe and effective release.

  Despite the clear public safety benefits of reentry, too many people leave the justice system without those links to employment, safe or stable housing, or other basic life support. Every year, hundreds of thousands of people return to communities from state and federal prisons. When someone is released from prison, they face over 40,000 laws, policies and practices that severely limit their eligibility to reintegrate, including prohibitions on employment, housing, and education. 

  Not surprisingly, this impacts reentry success. Sixty-eight percent of people released from prison are arrested for a new crime within three years of release, and 45 percent are re-convicted. However, when people returning to the community from prison can access reentry support and obtain access to meet basic life needs such as housing and employment, that means reduced risk of recidivism. 

  Federal law still allows states to prevent people with past convictions from enrolling in food stamp and cash assistance programs, despite the fact that these programs are often critical to helping people attain or maintain housing, and prevent homelessness. Lifting this barrier to reentry would improve stability for people exiting the justice system. 

  When people leaving the justice system have a “warm” hand off to programs that offer basic stabilizing support — from safe places to live to reentry jobs and a supportive community — people succeed and community safety improves. 

• Reallocate resources to prevent crisis from becoming crime: Federal policymakers must direct funding to support new safety solutions in states and local jurisdictions that prioritize prevention, treatment, and recovery services over spending on incarceration. 

  New dollars can build new, smarter safety approaches, such as emergency mental health crisis response, community-based and hospital-based violence prevention, trauma recovery for victims and children exposed to violence, and removing bans on eligibility for aid for people with past convictions. 

  Federal, state and local policymakers also need to use incentives to reallocate resources to new safety priorities. Policymakers should build incentives into funding streams for safety, rewarding approaches that reduce unnecessary incarceration, and expand community-based violence prevention, trauma recovery and victim services, mental health and addiction treatment, and reentry. 

• Ensure that people with records can access crime victim services: Decision-makers must confront the fact that people with records often have the shared experience of crime victimization. They should not be excluded (formally or informally) from crime victim support services, including civil legal services to support recovery, trauma recovery services, victim compensation, and legal protections to prevent job and housing loss while recovering from being the victim of a crime. 

  As demonstrated in the 2023 National Survey of People with Records, the majority of people with records experienced crime victimization before they ever had contact with the justice system — and in fact, trauma from their crime victimization was often cited as a contributing factor to their arrest and conviction. 

  This indicates that the breadth and depth of victim support must be expanded to more effectively promote safety in all communities — including awareness of the services and ease of access to them. 

  Read more in the full report below.