Reducing crime through expungements

Murat C. Mungan

Journal of Economic Behavior & Organization, 2017, vol. 137, issue C, 398-409

Abstract: Expungement refers to the legal practice of having one's criminal record sealed. These legal devices lower the visibility of a person's criminal record, and thereby reduce the informal sanctions that may be imposed on him. This reduction is enjoyed by the ex-convict only if he does not become a repeat offender, because otherwise he re-obtains a criminal record. Thus, the value a person attaches to having his record expunged is inversely related to his criminal tendency. Therefore, by making expungements costly, the criminal justice system can sort out low criminal tendency individuals – who are unlikely to recidivate – from people who have high criminal tendencies. Moreover, the availability of expungements does not substantially affect a first time offender's incentive to commit crime, because one incurs a cost close to the reduction in informal sanctions that he enjoys by sealing his criminal record. On the other hand, expungements increase specific deterrence, because a person who has no visible record suffers informal sanctions if he is convicted a second time. Thus, perhaps counter-intuitively, allowing ex-convicts to seal their records at substantial costs reduces crime.

Keywords: Expungements; Recidivism; Deterrence; Second chance (search for similar items in EconPapers)
Date: 2017
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Citations: View citations in EconPapers (8)

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Persistent link: https://EconPapers.repec.org/RePEc:eee:jeborg:v:137:y:2017:i:c:p:398-409

DOI: 10.1016/j.jebo.2017.03.021

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