This nz law aims to give people with criminal convictions a ‘clean slate’. It’s not working

This nz law aims to give people with criminal convictions a ‘clean slate’. It’s not working

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If you own a business, would you be willing to hire a person who has been convicted for a crime? Give them a chance when a background check shows they have a criminal record? The answers


matter for both individuals and communities. For people who have paid their debt to society, rejoining it can hinge on getting a second chance without being judged on their past. It is not


something they can really hide. Employers often conduct criminal background checks as part of the hiring process. People with criminal records face high levels of stigmatisation, making it


harder to reenter their communities and make money legally. The thorny question of what to do with people with convictions when it comes to employment has been considered by policymakers and


justice campaigners around the world. In the United States, more than 27 states have introduced “Ban the Box” legislation. While each law is unique, by and large they have eliminated the


requirement to provide criminal background information in job applications. And a number of countries, including New Zealand, have implemented clean slate initiatives which help conceal


criminal records for people who meet certain criteria. Our new research looks at whether New Zealand’s clean slate scheme increases the job prospects for eligible people. The clean slate


reform was introduced as the Criminal Records Act in 2004. People who were previously convicted of minor offences can now have their criminal records automatically concealed if they can


maintain a conviction-free record for seven years after their last sentence. The regulation excludes people who were involved in a serious offence (such as sexual misconduct) or who received


a particularly punitive sentence (such as incarceration or an indefinite disqualification from driving). CLEAN SLATE AND THE LABOUR MARKET Our research started with the Integrated Data


Infrastructure (IDI), hosted by Statistics New Zealand (StatsNZ). This is a repository of records provided by different public and private agencies, including court charge data from the


Ministry of Justice and tax records from Inland Revenue. StatsNZ uses specific characteristics of individuals (such as name and birth date) to identify them across the different datasets.


This enables researchers to track the same individual’s data footprint across different administrative records. We used court charges data on all men convicted between 1992 and 2003 who had


fulfilled the clean slate eligibility criteria. We then linked this pool of people with their Inland Revenue records to measure their employment and earnings. To identify the labour market


impact of the clean slate policy, we compared the employment and earnings of those who completed their seven-year rehabilitation period (the treatment group) with individuals who become


eligible some time later (control group). LIMITED BENEFITS OF CLEAN SLATE SCHEME Our analysis found the clean slate scheme has no relevant impact on the likelihood of eligible individuals


finding work. This could result from the length of time required between sentencing and being eligible for a clean slate. Seven years could simply be too long. But the clean slate scheme did


create at least a 2% increase in eligible workers’ monthly wages and salaries – equivalent to a NZ$100 hike for an individual with an average monthly salary of $5,000. The increase in


monthly earnings appears to be greater for workers with a stronger commitment to working and for those who remain with one company for longer periods. GLOBAL PATTERNS The labour market


effects of concealing past convictions have also been explored in the US. Recent research looked at a policy enacted in Maryland, New Jersey, Pennsylvania and Bexar County, Texas. Mirroring


our own results, the authors do not find any relevant impact on gaining employment. Our findings indicate the concealment of past convictions through New Zealand’s clean slate scheme might


happen too late to make a huge difference. But there are changes that can be made to improve work outcomes for people who have completed their sentences. This could include following the


example of countries such as Finland, where access to criminal histories is much more restricted. In Finland, the background check has to be directly relevant to the job requirements. For


example, the law allows checks for someone applying to work in the financial sector who was convicted of fraud. There would also be benefits from looking at the eligibility criteria for New


Zealand’s clean slate scheme. Currently, it only applies to people who committed a minor offence. But policymakers should consider whether it makes sense to expand the policy to people who


committed more serious crimes but managed to turn their life around. Making this change would allow people to reap the benefits of working without stigma. All that said, the government’s


current “tough on crime” stance makes change unlikely, with a focus on the cost of crime rather than what happens after punishment has been completed.