The Impact of Criminal Records on Employment,
Agency decision
Ask Donna
What actually matters in this document.
Text
The Impact of Criminal Records on Employment,
Earnings, and Tax Filing ∗
Amanda Agan†
Andrew Garin‡
Dmitri Koustas§
Alexandre Mas¶
Crystal S. Yang‖
September 29, 2023
Abstract
This paper combines IRS tax return data with administrative court records from
several jurisdictions to measure the impact of criminal records on taxpayer earnings and
filing behavior. Our data construction allows us to examine a wide range of interactions
with the criminal justice system including charges that led to convictions and those
that did not. We document sharp and persistent declines in the propensities to have
W-2 reported earnings and to file a 1040 return around an initial criminal charge,
even in the case of charges that do not lead to convictions. We also find that selfemployment earnings of Schedule SE and 1099-reported nonemployee compensation
both fall in close proportion to W-2 employment in most cases. There is evidence that
criminal record remediation for individuals who have had records for multiple years
leads to increases in platform-mediated gig work reported on 1099 returns, although in
most cases those gig earnings are not reported on Schedule SE. Aside from gig work,
we do not find evidence that remediation is associated with increased filing rates or
earnings.
∗
The findings, interpretations, and conclusions expressed in this paper are entirely those of the authors
and do not necessarily reflect the views or the official positions of the U.S. Department of the Treasury or
the Internal Revenue Service. All results have been reviewed to ensure that no confidential information is
disclosed. We thank the San Joaquin Public Defender’s Office and District Attorney’s office for their help
and tireless work in making this project possible. We also thank the numerous interns who worked in San
Joaquin to help us gather data. Camilla Adams, Kaan Cankat, Sarah Frick, Jared Grogan, Bailey Palmer,
Kalie Pierce provided instrumental research assistance. We also thank Emma Rackstraw and J-PAL NA for
the initial conversations that allowed this project to happen.
†
Rutgers University and NBER (aagan@economics.rutgers.edu)
‡
Carnegie Mellon University, IZA, and NBER (agarin@andrew.cmu.edu)
§
University of Chicago (dkoustas@uchicago.edu)
¶
Princeton University and NBER (amas@princeton.edu)
‖
Harvard University and NBER (cyang@law.harvard.edu)
1
1
Introduction
Millions of people across the United States are charged with crimes each year. The prevalence of criminal records could have important implications for tax administration. The
consequences of these records for income reporting and tax filing may be substantial. Employment rates are lower for individuals with a criminal record than the general population
(Mueller-Smith 2015; Looney and Turner 2018) and recent studies suggest that records may
be preventing about one third of working-age males from contributing to the formal economy, leading to substantial lost income and tax revenue (Looney and Turner, 2018). Without
access to standard jobs, individuals with a criminal history may rely more heavily on alternative work like independent contracting and self-employment, which could increase workers’
tax filing burden and reduce their compliance with tax filing requirements. Recent work by
Finlay et al. (2022) finds that earners with criminal histories are disproportionately likely
to report Schedule C income. Further, interactions with the criminal justice system might
directly impact filing behavior, credit take-up, and compliance with the tax code.
This paper combines IRS tax return data with publicly-available administrative court
records from several jurisdictions to measure the impact of criminal records on taxpayer
earnings and filing behavior. Our data construction allows us to examine a wide range of
interactions with the criminal justice system beyond imprisonment previously studied by
Looney and Turner (2018)—including charges that led to convictions and those that did
not. By observing charge-level data rather than imprisonment data, we are able to assess
the impact of a criminal record per se, apart from sentencing decisions—which might have
distinct effects on subsequent earnings and filing behavior. A complementary companion
paper by Garin et al. (2022) studies the direct impacts of incarceration (for a given charge)
on taxpayer behavior.
As a first look at the impacts of criminal history events on tax filing behavior, we conduct
event-study analyses that examine how taxpayer reporting and third-party-reported earnings
change around charges and convictions. Importantly, we document that individuals who have
interactions with the criminal justice system have low filing rates and earnings levels even
prior to their first criminal charge, particularly for those charged with felonies. Nonetheless,
we find that the propensity to file a tax return falls sharply around an initial criminal charge.
These declines in 1040 filing are associated with similar drops in the probability of having
W-2 reported earnings. Strikingly, we observe drops even in the case of charges that do not
lead to convictions, suggesting that the mere presence of a criminal record might impact
earnings prospects. In all cases, these declines persist through several years after the initial
charge.
2
However, we do not find that individuals with criminal records are more likely to be
self-employed.1 Conditional on participating in the workforce—i.e. earning labor income
reported on a W-2 or Schedule SE—we never observe self-employment rates above ten percent; this is below the self-employment rate in the broader workforce (Collins et al., 2018).
With the exception of misdemeanor convictions, the probability of reporting self-employment
earnings on Schedule SE declines in close proportion to W-2 reported wages around initial
criminal history events, such that the relative prevalence remains mostly constant.2 An
important caveat is that Schedule SE earnings are self-reported and therefore changes may
reflect reporting behavior rather than in underlying earnings. However, we see nearly identical changes in the probability of having third-party-reported payments for contract work
on 1099-MISC returns, suggesting the observed evolution in Schedule SE earnings reflect
changes in actual work and not changes in reporting or compliance.
These findings raise an important question: does the ongoing presence of a criminal
record itself drive the persistent declines in W-2 receipt and tax filing that we observe? To
isolate the impacts of an observable criminal record itself versus alternative mechanisms, we
make use of institutional features that alter the information visible to employers on criminal
background checks. In particular, we investigate the impact of retroactive changes in the
severity of a charge for eligible felonies in California under Proposition 47, the removal of
charges that did not lead to convictions from background checks conducted by consumer
reporting agencies (CRAs) under the Federal Credit Reporting Act (FCRA), and removal
of charges that did not lead to convictions following a Clean Slate law in Pennsylvania.
Our findings are consistent across these different analyses. Rather than finding that
individuals shift out of alternative work arrangements, like gig work, and into traditional
jobs when records are remediated, we find consistent evidence that remediation increases the
rate of electronically-mediated gig platform work, albeit from a very low base. In practice,
however, only a minority of the individuals entering platform work report their earnings on
a 1040 Schedule SE.
However, with the exception of very recent convictions, we find no evidence that a change
in how or whether a record is reported impacts the filing behavior or reported earnings of
a typical person with a record. We find little evidence that a reduction from a felony to a
misdemeanor changes non-gig outcomes, on average. We also find no evidence that removal
of records from criminal background checks, even for individuals with no other convictions
that would still be reported, increases the likelihood of having W-2 reported earnings. This
1
This finding contrasts with Finlay et al. (2022), in part because we do not condition on filing a tax
return when measuring the prevalence of self-employment.
2
We find no change in the propensity to report Schedule E earnings around an initial misdemeanor
conviction.
3
finding holds across almost every outcome, for both non-convictions and for convictions, and
for felonies and misdemeanors. These results are further supported by the analysis of the
Pennsylvania Clean Slate law where we also find no effect of having non-conviction records
sealed on average filing behaviors or earnings outcomes. The evidence presented strongly
points towards the conclusion that in the years after a criminal justice event, lower W-2
reporting is not due to the reporting of criminal records, but to other factors.
The paper is organized as follows. Section 2 describes the IRS data and the publiclyaccessible court records we collect from several jurisdictions. Section 3 examines the evolution
of taxpayer behavior around different types of initial criminal history events. Section 4
describes several interventions that remediated criminal records and presents our evaluation
of the impact of these interventions on taxpayer behavior. Section 5 offers some concluding
remarks.
2
Data
In this section, we describe the restricted-access tax data and publicly-available administrative court records used in our analysis.
2.1
IRS Tax Return Data
We study de-identified federal income tax records from the years 2000 to 2019. The tax
records include all individuals with a Social Security Number or Individual Taxpayer Identification Number. We draw both on Form 1040 individual income tax filings and third-party
reported information returns. Our primary wage and salary earnings and employment outcomes are drawn from W-2 returns issued by employers for each employee in each year.
Importantly, W-2 returns are sent by employers to the IRS irrespective of whether and how
the employee files their own individual tax return. We examine whether individuals have
any wage and salary earnings as well as whether earnings exceed specified threshold levels.
We supplement these earnings records with gross payments to non-employee independent
contractors and online platform “gig” workers reported by firms on 1099-MISC and 1099K
forms. Beginning in 2012, we break out payments from online platform companies following
the method in Collins et al. (2018).3
Unlike payments to independent contractors on 1099-MISC, which are subject to a $600 threshold, online
platform economy earnings reported on 1099-K are subject to a much higher $20,000 threshold. Garin et al.
(Forthcoming) reports that while that most major platforms issued 1099-Ks to all platform participants
through 2016 regardless of the earnings level, several large platforms announced that they would adhere to
the higher thresholds beginning in 2017. Thus, some smaller payments from these platforms after 2016 may
not be observed in the data.
3
4
We also examine outcomes directly reported by individual taxpayers themselves to the
IRS on Form 1040 tax returns. These include total gross self-employment revenues and net
profits after expenses reported on Schedule C, with self-employment net profits further broken
out for each individual within the filing unit (with net profits of at least $433) on Schedule
SE. Unlike information returns reported by third-parties, individual tax reporting on 1040
forms may be impacted by taxpayer non-compliance or strategic reporting. Nonetheless,
reporting behaviors such as filing any 1040 return are of interest to understand how criminal
record remediation impacts tax compliance.
2.2
Court Data for FCRA, Maryland, and Clean Slate Analysis
We collect publicly-available administrative court records from Maryland, New Jersey, Pennsylvania, and Bexar County, Texas. These data include information that make it possible
to link defendants across cases over time. They include all charges filed with the court
within the time period we have data for (both misdemeanor and felony, with the exception
of New Jersey, which just contains felonies), the date of the charges, the disposition date
and ultimate outcome (dismissed, convicted, etc.), as well as other defendant and case characteristics. We also have publicly-available data on Proposition 47 petitions in San Joaquin
County that were filed by the Public Defender’s Office in conjunction with the Office of the
District Attorney to reduce eligible felonies to misdemeanors.
2.2.1
Bexar County, Texas
The data from Bexar County include all charges filed between 1975 and 2018. The data are
publicly available for download via the court website, which began releasing them as part of
an effort to make court records more accessible. Full detailing of this data can be found in
Agan et al. (2021) and Freedman et al. (2018).
2.2.2
Maryland
The Maryland criminal records were drawn from several publicly-accessible tables hosted on
the Maryland Volunteer Lawyers Service (MVLS) database.4 The Maryland data cover all
cases filed between 1990 and 2018.
4
Access to the database was provided by Matthew Stubenberg, the Associate Director of Legal Technology
at the Access to Justice Lab (A2J Lab) at Harvard Law School. Stubenberg created the database for the
MVLS using publicly available public court records. Mr. Stubenberg may be contacted at mstubenberg@law.
harvard.edu. See https://a2jlab.org/ for more information on the A2J Lab. See https://mvlslaw.org/
for more information on the MVLS.
5
2.2.3
New Jersey
We obtained New Jersey court data from the Superior Court of New Jersey via a Public
Access Information Request.5 New Jersey does not use a “felony” versus “misdmeanor”
distinction, but rather distinguishes between “indictable offenses” and “disorderly person”
offenses. Indictable offenses fairly closely align with what would be felonies in other states,
and disorderly persons offenses with misdemeanors. On the criminal side, the Superior Court
hears cases for “indictable” offenses, and thus we only have data on these types of offenses
for New Jersey and throughout the paper we refer to these offenses as felonies to more closely
align with terminology from other states.6 These files contain records from January 1, 1980,
to May 30, 2018, which was the last day of the month of the request for the records.
2.2.4
Pennsylvania
The Pennsylvania court data was obtained from the Administrative Office of Pennsylvania
Courts (AOPC) via a Public Access request. The data cover all cases in the Magisterial District Court system (which handles misdemeanors) and Common Pleas Court system (which
handles felonies) filed between May 2008 and April 2018. We also obtained case numbers
that can be accessed through Public Access requests; the case numbers in the AOPC data
were current as of when we obtained them in December 2020.7 Merging this with our original
AOPC request, we can see all cases that no longer exist in the data and our conversations
with the DA’s office imply that these are all records that were sealed by Clean Slate between June 2019 and June 2020. Our matching indicates that 57% of the nearly 7.5 million
non-convictions charges in our AOPC data were sealed, with the ones that were not sealed
presumably due to individuals still owing fines and fees at the time of the Clean Slate implementation.8 This group will serve as our comparison group.
2.2.5
San Joaquin County, California
The data on Proposition 47 petitions filed in San Joaquin County, CA are available on the
county website. The data were made available to the public by the Office of the Public
Defender of San Joaquin (OPDSJ), CA. The dataset reports all Proposition 47 petitions
5
According to New Jersey Court Rule 1:38, names, date of births, and locations are not considered
confidential personal identifiers. These reports are available for sale to the general public.
6
To get data on “disorderly person”/misdemeanor offenses would require obtaining data from each of the
hundreds of municipal courts in NJ.
7
The Philadelphia DAO provided these data to us directly to facilitate a quicker turnaround, though all
records (in their most current version) are available through standard Public Access requests.
8
Our research team looked up a small, random subset of case information online for non-convictions that
were not sealed and were able to confirm that for that subset, each one owed fines and fees.
6
that were filed between December 2014 to December 2018 and were successfully reduced by
September 2019. We exclude all individuals who were currently serving sentences or under
supervision (parole/probation) at the time of the filing as these were generally prioritized
and done quickly soon after the law went into effect. With this restriction, we have data on
8,155 successful petitions in San Joaquin.
Most of these petitions were filed proactively on behalf of eligible defendants without the
need for the defendants to request the petitions, through a joint effort between the OPDSJ
and the San Joaquin County District Attorney’s Office. The OPDSJ reported that a small
fraction of these petitions were filed on behalf of people who contacted the office to request
a reduction, but the data do not directly identify self-petitioners with the exception of 96
individuals who were referred to the OPDSJ for reduction through a local “Justice Fair.”
OPDSJ reports that they started reductions for those who had eligible drug crimes (“Health
and Safety”or HS) as this list was the largest; they received the lists of eligible offenders
in alphabetical order by last name and worked through the lists in an alphabetical fashion.
Thus, we take a data-driven approach to identifying likely self-petitioners from the proactive
petitions by using this alphabetical nature of the order in which petitions were filed. Petitions
filed before the “surge” corresponding to the first letter of their last name are identified as
likely self-petitions. Appendix B describes how we identified those beginning dates for each
surge for each letter on the HS crime list. Throughout the paper, we refer to individuals
who had their reductions filed during or after a surge as those whose records were reclassified
by “proactive reductions.” We refer to individuals whose petitions were filed before these
clear surge periods as “possible self-petitioners.” While there are other idiosyncratic reasons
that individuals’ petitions would be filed before the office got to their letter of last name,
this group is likely to have the bulk of any potential self-petitioners in it. We confirm that
our approach is sensible using information we have on Justice Fair participants, who we
know were self-petitions and prioritized by the OPD. Among Justice Fair participants in our
analysis sample, 70% are accurately flagged as likely self-petitioners using our data-driven
methodology.
OPDSJ reported that the office started with the lists of eligible drug crime offenders.
Because alphabetical ordering was not preserved for other lists our main analysis sample
focuses on individuals with an drug crime: this represents 6,626 of the successful petitions
(81.3%). Among this analysis sample, we identify 4,978 as proactive petitions (89%) and
644 as likely self-petitions (11%).
7
2.3
Data Linkage
The IRS data are linked to the criminal records data using individual name, date of birth,
and geographic location and are subsequently de-identified. In the case of San Joaquin
County, we were able to match 84% of our main sample to the IRS data. We were able to
match 86%, 73%, 81%, and 91% of the data in Bexar County, Maryland, New Jersey, and
Pennsylvania, respectively. Further details on our matching algorithm to IRS records can be
found in Appendix C. For each jurisdiction, our match rate is comparable or higher than past
work matching to IRS or Unemployment Insurance data (Dobbie et al. 2018; Travis et al.
2014). Appendix C also compares characteristics of matched and non-matched individuals
in San Joaquin County, CA and the distribution of last criminal history events in the full
versus matched sample for our FCRA analysis.
3
Tax Reporting and Earnings Around Initial Criminal
History Events
We begin by documenting reporting behaviors and earnings before and after individuals’
initial criminal history events. For this analysis, we restrict the full sample to have been 18
by the time the first charge appears in the data for both non-convictions and convictions.
Table 1 Panels (a)-(d) examines mean outcomes around four distinct types of events, pooling
data across the jurisdictions with data on each event: (1) misdemeanor charges that do not
lead to a conviction, (2) felony charges that do not lead to a conviction, (3) misdemeanor
charges that do lead to a conviction, and (4) felony charges that do lead to a conviction;
each type of event is presented in a separate panel.
The first column in each panel presents means two years prior to the initial event. Prior
to their first event, those eventually charged with a misdemeanor start out more likely to file
tax returns and have earnings reported on information returns than those eventually charged
with a felony, and within each type of charge those who are ultimately not convicted are more
likely to file tax returns and have income reported than those who are eventually convicted.
Notably, only 55 percent of felony convicts are 1040 filers prior to their initial charge, and
nearly 30 percent have no earnings reported on either a W-2 return or on Schedule SE.
We document the change in earnings around these first events using an event-study
framework. We estimate the model:
yit =
X
βk I{Ei = t + k} + αi + αa(i,t) + αt + it
k
8
(1)
Event time is measured as time since charge for non-convictions, and time since disposition
for convictions. αi is an individual fixed-effect, αa(i,t) are age fixed effects, and αt is a
year fixed effect. Coefficients are relative to two years prior to the event. We plot the βk
coefficients for key outcomes in Figure 1. In the second and third columns of Table 1, we
add these estimates to the mean outcome levels two years prior to the event to estimate the
outcome levels one year and five years after the events, adjusted for life-cycle changes and
macroeconomic conditions.
Figure 1 shows that even non-convictions are associated with substantial and persistent
reductions in 1040 filing rates and W-2 earnings. For misdemeanor non-convictions, the
probabilities of filing a 1040 or receiving a W-2 decline are five percentage points lower five
years after the charge. While the changes in filing and W-2 earnings around misdemeanor
convictions are larger in the short run, the long run changes are nearly identical to what
we see for misdemeanor non-convictions—with the exception of 1099-reported contract work
and Schedule SE self-employment, which, interestingly, decline for those with misdemeanor
non-convictions but not those with misdemeanor convictions. We find that the impacts of
felony non-convictions are more severe than misdemeanor non-convictions in the short run,
but the effects converge in the long term.
The observed changes are more pronounced for individuals who are convicted of felonies,
and may face incarceration. The probability of filing a 1040 return falls by over 10 percentage points after an initial conviction, amounting to more than a 20 percent decline
relative to the already low baseline rate. The decline in 1040 roughly mimics the decline in
employer-reported W-2 payments. Strikingly, in the short run, average W-2 reported earnings (including zeros) fall by nearly half. While 1040 filing rates rebound significantly in the
long run, W-2 wage earnings only recover slightly by seven years out.
We do not find that individuals with criminal records are more likely to be self-employed.
We see in Table 1 that both before and after criminal history events, no more than seven
percent of individuals have self-employment income reported on 1040 Schedule SE. Conditional on participating in the workforce—i.e. earning labor income reported on a W-2 or
Schedule SE—we never observe self-employment rates above ten percent; this is below the
self-employment rate in the broader workforce (Collins et al., 2018). With the exception
of misdemeanor convictions (where we observe no change in Schedule SE filing around an
initial event), the probability of reporting self-employment earnings on Schedule SE declines
in close proportion to W-2 reported wages, such that the relative prevalence remains mostly
constant. An important caveat is that Schedule SE earnings are self-reported and therefore
changes may reflect reporting behavior rather than changes in underlying earnings. However,
in this case, we see nearly identical changes in the probability of having third-party-reported
9
payments for contract work on 1099 returns; this suggests the observed changes in Schedule
SE earnings reflect changes in actual work and not changes in compliance.
The results in Figure 1 and Table 1 pool individuals across jurisdictions. However, we
see highly similar patterns across each jurisdiction, as shown in Appendix Figure A.1. We
examine sensitivity to studying changes around individuals’ most recent events in the data
instead of their first events in Appendix Table A.2 and Appendix Figure A.2—the primary
difference being that one’s most recent event may follow prior events.9 We find similar effects
when looking at latest events, though we see less long-term scarring in the case of felony
convictions; we interpret this result as suggesting that initial felony convictions lead to larger
long-run declines in earnings than subsequent convictions.10
We caution that these patterns in employment around the time of either the first or last
criminal history event do not necessarily reflect the causal impact of having a record. These
persistent trends could be the direct result of the criminal charge or conviction, or they could
also be the result of other unobservable events in an individual’s life that caused both the
criminal charge and a decline in employment, such as recent drug addiction or job loss. The
reduction in any wage employment for convictions could also be the result of incapacitation
effects stemming from incarceration, though this is not the case for non-convictions which
would not result in incarceration sentences.
In summary, these patterns show that formal labor sector engagement falls sharply and
persistently after a criminal charge or conviction (even when there may be other criminal
charges in the person’s past). A key finding is that changes in taxpayer filing behavior closely
follows changes in firm-reported earnings. In particular, the changes in 1040 filing generally
follow the evolution of W-2 earnings, and changes in Schedule SE filings generally follow
the evolution of 1099-MISC non-employee compensation. This finding suggests that changes
in taxpayer behavior around criminal history events largely reflect the persistent decline in
employment and earnings following those events, which we examine in more depth in the
next section.11
9
When examining non-convictions, we omit cases where individuals have prior convictions but not cases
where they have prior non-convictions, since these are the cases directly impacted by the FCRA law studied
below.
10
Using information on defendant race from the case records, we plot effects by race in Figures A.3 and
A.4 and find larger drops in employment for Black individuals around initial events. We also run separate
event studies by industry of the payer of the largest W-2 for non-convictions and convictions and report the
event study coefficient for the year of the conviction in Appendix Figures A.11 and A.12. We find that the
employment impact for non-convictions varies across industries. For convictions, a similar decline is seen
across nearly all industries.
11
The patterns also establish that the matching procedure between criminal records and the IRS data are
accurate in that they yield the expected patterns in the data post-event.
10
4
Tax Reporting Implications of Criminal Record Remediation
We find that taxpayer earnings and filing behavior rates fall persistently after criminal history
events—even charges that do not lead to convictions. There are several reasons employment
rates may be lower for individuals with criminal records. A criminal record itself can be
a direct barrier to employment. Some industries, such as healthcare or education, legally
prohibit the hiring of individuals with certain criminal records. Across several surveys, over
90 percent of employers state that they perform background checks for all or some of their
positions (Society for Human Resource Management 2012; HireRight 2015).
In this section, we use institutional features of the criminal justice system to examine
the implications of remediating criminal records on tax filing and compliance. We begin
by presenting results for the federal Fair Credit Reporting Act (FCRA), estimating the
impact of removing non-convictions from criminal background checks at seven years. We
then present estimates for California’s Proposition 47 in San Joaquin County where criminal
justice agencies proactively petitioned to have eligible felonies reclassified as misdemeanors
in cases covered by the new law. Finally, we present our findings for Pennsylvania Clean
Slate, which initially automated the sealing of all non-convictions for individuals that did
not owe fines and fees.
4.1
Evidence from the Federal Consumer Reporting Act
4.1.1
Research Design
FCRA prohibits reporting of criminal charges that did not lead to a conviction after seven
years for jobs that pay less than $75,000 a year. We study this policy using publicly-available
administrative criminal records data from Maryland, New Jersey, Pennsylvania, and Bexar
County, Texas. We provide additional detail on FCRA and related state laws in Appendix
B.
We use the seven-year rule under FCRA to estimate the effect of having a non-conviction
record cleared from a CRA-run employment background check. Under this rule, for an
individual who has no convictions on their record, their criminal record should be completely
cleared seven years after the last criminal charge. This feature of FCRA allows for an eventstudy design where individuals do not select into the event in the relevant time horizon
for estimation. Accordingly, we examine the evolution of outcomes following a criminal
charge that is eventually dismissed with a focus on the sharp seven-year change in reporting,
comparing outcomes for individuals before and after this non-conviction charge is removed.
11
In the baseline analysis, our focus is on charges that did not lead to a conviction, when
that non-conviction charge is no longer reportable by a CRA. We therefore restrict our analysis of non-convictions to individuals with no other conviction in that jurisdiction because
nothing should be reported on these individuals’ CRA background checks at the seven year
mark. We define event-time in relation to the year in which the record is cleared (the FCRA
event). We run a fully saturated event-study specification, and balance the sample three
years prior to the FCRA event and one year post the event, so that the estimated coefficients
around the event are not driven by changes in sample composition. Our main analysis separately examines last events that are felony non-convictions, misdemeanor non-convictions,
and convictions. Our main specification is given by:
yit =
X
βk I{Ei = t + k} + αi + αa(i,t) + αt + it
(2)
k
Event time is measured as time since last criminal history event. αa(i,t) are age fixed effects,
and αt is a year fixed effect.
For the FCRA analysis, we use separate analysis samples to analyze the clearance of a
non-conviction and conviction. The FCRA rule allows us to estimate the effects of having
a non-conviction record cleared seven years after the last criminal history event. To study
non-convictions, we restrict our sample to individuals with a felony or misdemeanor nonconviction as their last event, limited to individuals with no other convictions on their record.
To reduce measurement error associated with measuring no past convictions, we limit the
sample to individuals who were 18 or younger as of the earliest year of data available in
the respective jurisdiction to ensure that we can accurately measure their adult criminal
record. We focus on the last event and limit to individuals with no other conviction in
that jurisdiction because nothing should be reported on these individuals’ CRA background
checks at the seven year mark, giving FCRA the best chance at improving outcomes for these
individuals. To study convictions, we restrict our sample to individuals whose last event was
either a felony or misdemeanor conviction. Reporting of convictions does not change after
seven years in Texas, New Jersey and Pennsylvania. In Maryland, convictions are removed
from employer criminal record searches for low-income workers after 7 years.
Appendix Table A.1 Panel (a) presents summary statistics for the FCRA analysis samples. Columns 1 and 2 present summary statistics for individuals with a felony or misdemeanor non-conviction as their last event, restricted to individuals with no other convictions
on their record. Columns 3 and 4 present summary statistics for individuals whose last event
was either a felony or misdemeanor conviction, respectively. Summary statistics on baseline
outcomes are presented at five years after the charge or disposition date (or alternatively, two
12
years before the potential FCRA removal event). Among the sample of individuals whose
last event is a non-conviction with no other convictions, the average age is approximately
31 years of age, and baseline measures of extensive and intensive employment are generally higher for those whose latest non-conviction was a misdemeanor versus a felony. For
example, among last-event misdemeanor non-convictions, 74 percent of individuals had any
wages at five years post-charge, with average wages of $19,647. In contrast, among last-event
felony non-convictions, 66 percent of individuals had any wages at five years post-charge,
with average wages of $14,564. Individuals are older among the sample of people whose last
event was a conviction. This sample also has relatively low baseline rates of employment
and average wages, particularly among individuals whose last event was a felony conviction.
4.1.2
Results
In Figures 2 and 3 Panels (a)–(b), we plot event-study coefficients for the removal of a
felony and misdemeanor non-conviction, respectively, which occurs seven years after the
original event. Figure 2 reports share with any 1040 filing and Figure 3 reports share with
any W-2 wages. Even though non-conviction events are associated with significant drops
in 1040 filing and W-2 reported employment, this figure shows that there is no evidence
that removing the last non-conviction from the record of someone with no other convictions
increases employment or tax filing.
Figures 2 and 3 Panels (c)–(d) show the same event-study plots for last felony and misdemeanor convictions on record. Recall that in Maryland these convictions are no longer
reportable seven years after their disposition, but in the other jurisdictions they are reportable indefinitely. And yet across jurisdictions we see similar patterns of no divergence
in the likelihood of having either a 1040 return or W-2 reported earnings around the seven
year mark.
Tables 2 and 3 report formal tests of whether the event study coefficients reported in
Figures 2 and 3 seven and eight years after the last event are different from a linear trend
implied by our event-study coefficients, for both 1040 reporting, any W-2 wages, and other
employment outcomes.12 Event-time coefficients will identify any trends around the event.
Because a criminal history event mechanically occurred seven years earlier than our FCRA
event, individuals could still be recovering from the initial event. For exposition purposes,
we pool the jurisdictions. Table 2 Panel (a) reports results for misdemeanor non-convictions
12
Specifically, we calculate: d+7 = 2 × β+4 + β+7 and d+8 = 3 × β+4 + β+8 and the standard errors on
these sums using the delta method. d+7 and d+8 report the deviation of our period 7 and 8 event-study
coefficients, respectively, from the linear trend implied by our period 4 event-study coefficient, β+4 . If β+4
is negative, this implies a positive pre-trend. In that case, a positive and statistically significant deviation
from trend in periods 7 or 8 would be suggestive that FCRA is having a positive impact.
13
and Panel (b) reports results for felony non-convictions. Table 3 Panel (a) reports analogous
tests of deviations from trend in year 7 and 8 for convictions in Bexar County, New Jersey,
Pennsylvania and Panel (b) reports results separately for Maryland, which has a state FCRA
law limiting the reporting of convictions after seven years.
Consistent with Figures 2 and 3 Panels (a) and (b), Table 2 shows that for non-convictions
(both felony and misdemeanor), we find no detectable deviation from the pre-trend trend
around the timing of the record removal. There is similarly no significant discontinuity
or deviation from trend for any type of earnings or reporting behavior. With respect to
convictions, Table 3 Panel (a) shows that individuals appear to be below trend seven to
eight years after the initial charge in states (NJ, PA, and TX) that do not prohibit the
reporting of convictions, suggesting the positive trend observed closer to the initial event
has slowed (see Figure 1). Table 3 Panel (b) shows results for convictions in Maryland.
We see evidence of positive trends before the event for any wages at various thresholds
(see Figure 3 and Appendix Figure A). If anything, these trends are slowing, not increasing
after the conviction is removed at seven years, as indicated by formal tests of deviation
from pre-trends. We see similar trends for tax filing, and little response on our measures of
self-employment or independent contracting.
These results are highly robust. Our finding of no discrete change in trend in W-2
reported earnings seven years after a criminal charge (or conviction) is removed holds across
subsamples by industry (see Appendix Figure A.13) and by crime type of the last event
(see Appendix Figure A.14). Both of these Appendix figures report whether the event
study coefficients seven years after last charge are different from the linear pre-trend. We
look separately at effects for defendants identified as Black versus all others (see Appendix
Figure A.7).13 We also look seperately at effects by gender and age in Appendix Figure A.8
and in Appendix Figure A.9. In Appendix Figure A.10 we also consider the impact of these
criminal history removals on employment in large firms (firms with 10,000 or more workers)
and small firms (firms with less than 100 workers). Finally, we find null effects at year seven
using an alternative differences-in-differences estimator following Sun and Abraham (2021)
(see Appendix Figure A.16). Overall, these results imply that removing criminal history from
CRA background checks after seven years does not result in positive impacts on employment
and tax-filing outcomes for affected individuals.14
13
Race data is available in public court records in Bexar County, Texas, Maryland, and Pennsylvania.
One explanation for the null result might be that employers are asking applicants about records, and
any information obtained in a background check is superfluous. To examine this mechanism, we estimate the
main FCRA specifications for New Jersey after the state Ban the Box (BTB) law went into effect in March
2015. Appendix Figure A.6 shows that even in post-BTB years, there remains a null effect after seven years
of record sealing.
14
14
An important exception to the pattern of null results is non employee compensation. For
non-convictions, we see increases in 1099 work that are above trend. For convictions, we see
an increase in online-platform mediated gig work. While this type of employment is a small
share of overall employment, gig jobs are interesting because, for the most part, gig platform
work does not involve an interviewing process or an evaluation of one’s work history. If
an applicant can pass the initial requirements necessary to be on the platform, they are
allowed to begin to earn money on the platform. Gig platform work, such as ride-sharing
and app-based delivery services, has increased dramatically in recent years, and may provide
opportunities that were not previously available. Because this type of gig work has only
been prevalent since circa 2012, for this part of our analysis, we restrict our sample to years
since 2012 and FCRA events beginning in 2015.
Event-study results pooling all criminal history events and jurisdictions over the period
since 2012 are plotted in Figure 4. The left-hand panel shows that for those with a criminal
history event, any gig platform work peaks in the year before the initial criminal history
event, and then falls in subsequent years. The time pattern is similar to the patterns around
the initial criminal history event for wage employment, and is suggestive that the criminal
record limits employment opportunities in gig work. The right hand panel of Figure 4
plots the event study coefficients around the FCRA event pooling all the data. We find
gig employment increases discretely at seven years. The increase is small in percentage
points (0.4 percentage points one year after the FCRA removal event), but quite large in
percentage terms (an over 100% increase relative to the baseline mean of 0.003 two years
before the FCRA event).
While gig work is a new form of work activity, we find evidence that removal of a criminal
record via FCRA has a large (in percent terms) impact on gig work for this particularly
disadvantaged group, many of whom are likely entering self-employment for the first time.
The increase in Schedule SE filing is only about one-quarter the size, suggesting low earnings
after expenses or compliance issues15 .
4.2
Evidence from Proactive Felony Reductions After California
Proposition 47
4.2.1
Research Design
We next study the labor market impacts of criminal record remediation efforts under California’s 2014 Proposition 47, which reclassified certain theft and drug possession felonies to
15
Collins et al. (2018) document that only a small share of platform-based gig workers in the broader
population file a Schedule SE and discuss several potential explanations.
15
misdemeanors. While largely prospective in nature, Proposition 47 also allowed individuals
with eligible offenses to petition to have their previous felonies reclassified as misdemeanors,
with an estimated one million Californians eligible for a record reduction under the law.
We focus our analysis in San Joaquin County, CA, where criminal justice agencies worked
to proactively reduce tens of thousands of eligible felonies to misdemeanors without involvement or notification to eligible individuals. Starting in December 2014, the Office of the
Public Defender of San Joaquin (OPD) and the San Joaquin County District Attorney’s Office (DAO) coordinated to file petitions on behalf of all eligible defendants without requiring
effort, intervention, or even knowledge from the defendant. As of September 2019, this effort
resulted in the reduction of approximately 10,000 felony convictions under Proposition 47.
They have posted information about these reductions on their website publicly. For a large
subset of defendants, the order in which their proactive reductions were filed was unsystematic, based on the first initial of their surname, giving rise to plausibly exogenous variation in
the timing of record reductions among a sample that did not self-select into treatment. We
use this quasi-experimental variation to estimate the causal effect of these reductions on labor market and tax outcomes. We describe Proposition 47 and the reductions in San Joaquin
County in detail in Appendix B. As described in Section 2.2.5, we also take a data-driven
approach to identify individuals who were more likely to have self-requested a petition rather
than have their petitions filed proactively, leveraging this alphabetical ordering, a group we
call likely self-petitioners.
For this analysis, we estimate conventional event-study models for our labor market and
tax outcomes. We define the event as the year a person in the estimation sample obtains a
Proposition 47 reduction of their felony to a misdemeanor. Our focus will be on “proactive”
reductions, that is, those reductions that were initiated by the Public Defender and District
Attorney without knowledge or involvement by the affected individuals, but we also make
comparisons to the sample of possible self-petitioners as well as the pooled sample that
combines the two groups. In the main Proposition 47 analysis, we estimate the following
event-study specification:
yit =
X
0
β k 1{Ei = t + k} + Xit γ + αi + αt + εit
(3)
k
where yit is the outcome of interest (e.g. any wages, any self-employment, etc.) for individual
i in year t. 1{Ei = t + k} is an indicator for the Proposition 47 reduction occurring k periods
from t, with negative k indicating a future event date, and positive k indicating the event
occurred k years in the past. αi are individual fixed effects, αt are year fixed effects, and
16
Xit includes a quintic in age. Standard errors are clustered at the individual level. The
coefficients of interest are β k , which trace out the labor market impact of a Proposition
47 reduction. For consistency across policies, we omit k = −2 so that the estimated β k
coefficients are relative to two years before the reduction.
Summary statistics on individuals matched to the IRS data are presented in Appendix
Table A.1. Table A.1 Panel (b) presents summary statistics for our estimation sample of
individuals who received reductions under Proposition 47 in San Joaquin County, CA, pooled
(columns 1-2) and separated by individuals who we identify as likely self-petitioners using the
procedure described above (column 3) and those who received proactive reductions without
their knowledge or involvement (column 4). Compared to those who received proactive
reductions, likely self-petitioners are much more likely to receive reductions within seven
years of the original conviction (18.0 percent versus 6.1 percent).16 In terms of baseline
outcomes measured at two years prior to the Proposition 47 reduction, likely self-petitioners
are slightly younger and are negatively selected in terms of wages, with annual baseline
earnings of $6,003 compared to $7,920 for those who received proactive reductions. These
differences indicate that likely self-petitioners are not a random subset of eligible individuals.
4.2.2
Results
Figure 5 Panel (a) plots event-study coefficients around the Proposition 47 reduction for
all proactive drug offense petitions (N = 4,978), along with 90 and 95 percent confidence
intervals. We do not find any statistically significant increase in W-2 wage earnings in the
years after the reduction occurs. This null effect is precisely estimated and a 90 percent
confidence interval rules out effect sizes larger than a 3.6 percentage point increase in the
year of reduction. Consistent with the unsystematic ordering of these proactive reductions,
there are parallel trends between the treated and comparison group in the pre-reduction
periods. Figure 5 Panel (b) reports analogous event-study coefficients for the subsample we
identified as likely self-petitioners (N = 644). In contrast to Panel (a), we find that in the
year of the reduction, any wage employment is 3.7 percentage points higher than in the year
prior to the reduction (a nearly 10% increase, p < .10). This effect can be ruled out by the 90
percent confidence interval of the estimates from Panel (a) for proactive reductions. By two
years after the reduction, this increase relative to the year prior to the reduction drops to 1.7
percentage points. However, consistent with selection into treatment, Panel (b) documents
increases in any wage employment that begin in the several years before the reduction.
To formally compare our findings for those who received proactive reductions to likely
16
Panel(c) provides comparisons of the standard deviations of baseline characteristics in both of these two
groups.
17
self-petitioners, Figure 5 Panel (c) plots event-study estimates where we interact time since
event with an indicator for being a likely self-petitioner. The reported coefficients estimate
the differential effect of the reduction for self-petitioners versus proactive reductions by year
since event. The findings document notable and statistically significant differences in both
pre-trends and post-treatment effects among these two groups.
Figure 5 Panel (d) presents results combining the proactive reductions and likely selfpetitioners. As can be seen, there is an uptick in any wage employment in the one to two
years following the Proposition 47 reduction. This increase is significant at the 10% level.
Notably, even a small number of observations that were self-selected into treatment can
be influential for the conclusions, highlighting the importance of accounting for selection.
Moreover, when we focus further on the subset of likely self-petitioners whose reductions
were obtained more than seven years after the original conviction—at which point their
convictions can no longer be reported by CRAs under California’s ICRAA law—we continue
to observe an increase in employment despite the fact that their charges would have largely
been hidden for most purposes regardless of their Proposition 47 reduction (panel e). There
also remain large pre-trends, with significant rises in employment several years preceding
the reductions. While the post-treatment employment increase could be due to these selfpetitioners specifically working in jobs that require occupational licenses, these results are
also consistent with selection driving the results for likely self-petitioners, rather than real
treatment effects of the reduction.
To examine the broader set of tax reporting behavior, Table 4 collapses the event-studies
estimates for proactive reductions to a single “treated” coefficient. This specification is given
as follows:
yit = βTreatedit +
X
0
δ k 1{Ei = t + k} + Xit γ + αi + αt + εit
(4)
k∈K≤−2
Under this specification, the coefficient of interest is β, which estimates the average impact
of a Proposition 47 reduction in all observed post-treatment years.17 We report impacts
of the proactive reductions for a range of employment outcomes, including any wage employment and wage employment across certain income thresholds, as well as measures of
self-employment.
Consistent with Figure 5, we cannot rule out a null effect of PD-initiated reductions on
any wage employment in Panel (a). There are also no statistically significant effects for other
employment outcomes, including earning wages above $7,500 or $15,000 or any other 1099
work. The results in Column (3) show this finding holds even among individuals with only
17
Tabulate the full δ k coefficients in Appendix Table ??.
18
one felony.18
We further explore whether tax reporting effects are different depending on the time
since original conviction. In California, a criminal conviction can only be reported on an
employment background check for seven years after the latter of disposition date, release
date, or parole violation, unless another law requires employers to look more deeply into the
employee’s background. To capture potential dynamics in treatment effects, in Table 4 Panel
(a) Column 4 we interact our Post indicator with the number of years since conviction at the
time of proactive reduction.19 For the main employment outcomes, we find evidence consistent with the hypothesized relationship. The estimated interaction term is indeed negative,
and strongly significant implying that the benefits of a felony reduction are diminishing with
time since initial disposition.
As in the FCRA analysis, one exception to the pattern of null average effects is gig
platform taxable income. In Table 4 column (5) of Panel (a), we see that a proactive
Proposition 47 reduction is associated with a 0.4 percentage point increase in the rate of gig
work that is statistically significant at the 5% level. This increase doubles the rate of gig
work prior to reduction.
Panels (b) and (c) report show complementary results for likely self-initiated petitioners
and for the pooled sample. The tabulated results consistent with our findings in Figure 5.
We present effects on additional outcomes in Appendix Figure .
To understand whether part of the reason we see no impact of felony reductions is due
to lack of knowledge on behalf of impacted individuals, we analyze the impacts of an effort
by the Public Defender’s office (along with resources from the District Attorney’s office)
in San Joaquin county to notify individuals about these reductions. The notifications took
place in randomized waves, with 4086 individuals with reductions being chosen to be notified
at the time of the analysis (notifications are ongoing). The notifications we analyze took
place between June 2019 and March 2020. Of the 4610 individuals randomly chosen to be
contacted in this first-wave, contact information could be located for 3982 (86.3%). Between
June 2019 and March 2020, SJOPD personnel with carefully written scripts attempted to
call these 3982 individuals; in January 2020 letter were mailed to individual homes (with
self-addressed postcards included to return upon receipt); and in January 2020 e-mails were
18
In Appendix Figure A.15, we examine whether our event-study estimates are biased due to treatment
effect heterogeneity by constructing alternative estimators following Sun and Abraham 2021. In Appendix
Table ?? we display results from specifications with alternate age controls. In both cases continue to find null
effects of the reductions on any wage employment for those that received proactive reductions. In Appendix
Table , we explore an alternative approach where the year of reduction is instrumented with the year of the
Public Defenders surge for last names beginning with the same letter in the pooled sample, but we obtain
imprecise estimates.
19
We do not have data on release dates.
19
sent as well.20
In Appendix Figure A.17, we present raw trends in outcomes for the group that was
notified as well as the group that was not.21 We also present intention-to-treat (ITT) estimates of employment outcomes in 2019 and 2020 between the notified and not notified
groups.22 We present results for any wage employment and wages > $15,000. This figure
reveals remarkably similar raw trends in any wage employment and wages exceeding $15,000
in the years before and after notification. The COVID-19 pandemic began in the second
year of the post-treatment period, but only small dips in employment rates are observed in
that year and the notification and comparison groups respond similarly. Our intent-to-treat
(ITT) estimates confirm that individuals chosen for notification did not experience detectable
improvements in labor market outcomes compared to those not chosen for notification. Appendix Table A.8 presents the full set of employment outcomes associated with notification.
We find null effects across all outcomes. In Appendix Table A.9, we present estimates of the
average treatment effect of successful notification on the treated (TOT) using notifications
assignment as an instrument for successful contact, but continue to find no evidence of an
effect. In sum, these results imply that lack of knowledge about a Proposition 47 reduction
is unlikely to be the main driver of our null result among individuals who received proactive
reductions.
4.3
PA Clean Slate Law
4.3.1
Research Design
The last institutional feature we study is Pennsylvania’s Clean Slate Law of 2018, which
legislated automated sealing of all non-convictions and some older low-level convictions.
PA Clean Slate automated the sealing of non-conviction records with no waiting period for
individuals who did not owe fines and fees to the court at the time of the initial set of sealings.
We provide additional details about the Clean Slate Law in Appendix B. We use individuals
that owed fines and fees as a comparison group for individuals who received automatic
20
In Appendix figure A.7 we show covariate balance across people who were notified in the first wave and
those who were not.
21
We downloaded the list of contacted defendants from the public link at the website of the San Joaquin County public defender’s office (Last accessed 6/20/22).
See:
https://www.sjgov.org/department/pubdef/programs- services/proposition-47.
0
22
We estimate: yit = β Notifiedit + Xit γ+ OneFelonyi + εit where yit is the outcome of interest for
individual i in year t, where we run separate regressions for each year of interest. N otif iedi is an indicator
treatment, i.e. being notified in the first wave. Xit includes a quintic in age, and OneF elonyi is an indicator
for being on the one felony list. We control for an indicator for one felony because the randomization was
stratified in this dimension. Standard errors are clustered at the individual level. β captures the causal effect
of notification of Proposition 47 reduction on labor market outcomes.
20
sealings to difference out any trends in employment for people with criminal system contact
during this time period. Summary statistics on individuals matched to the IRS data in both
groups are presented in Panel (d) of Appendix Table A.1.
Our analysis focuses on the subset of individuals who only have non-convictions on their
records, as these individuals’ entire criminal histories are cleared by PA Clean Slate (if they
do not owe fines and fees). We compare the former group to individuals who also only have
non-convictions on their records but whose charges were not cleared between June 2019 and
June 2020 due to the fines and fees. Our main specification is given as follows:
yit = βClearedi × 1{Y eart ∈ 2019-2020} +
X
δk Clearedi × 1{Y eart = k}
k∈2016,2017
0
+ Xit γ + αi + αt + εit
(5)
where Clearedi is an indicator for an individual having their record cleared (i.e. an evertreated indicator), and 1{Y eart ∈ 2019-2020} is an indicator for being in the period after records were cleared. The interpretation of β is the difference-in-difference estimator,
comparing the change in the outcome in the post period between those who had all their
misdemeanor charges cleared with those who did not because they owed fines and fees. The
interactions between Clearedi and earlier years provide a test for pretrends.23
To examine if the effect varies with the time elapsed since the last charge, we also estimate
a triple difference specification including additional interations with months since the latest
charge (calculated as months since June 2019):
yit = β1 Clearedi × 1{Y eart ∈ 2019-2020} + β2 1{Y eart ∈ 2019-2020} × Months since chargei
+ β3 Clearedi × 1{Y eart ∈ 2019-2020} × Months since chargei
X
0
+
δk Clearedi × 1{Y eart = k} + Xit γ + αi + αt + εit
(6)
k∈2016,2017
The interpretation of the coefficient on Clearedi × 1{Y eart ∈ 2019-2020} is now the out of
sample predicted effect at 0 months since the initial charge. The earliest charge reductions
we are able to see in our data occur approximately 18 months after the charge, as we have
data through 2018 and the sealings took place June 2019–June 2020.24
23
We use data since 2016 for this analysis and restrict our analysis sample to individuals aged 18 to 25 to
ensure that they had no other prior convictions by the start of our charge data, which begins in 2008.
24
We do not know the exact date the sealing took place within this date interval.
21
4.3.2
Results
Table 5 Panel (a) presents these differences-in-differences results, where we interact a Post
(2019-2020) indicator with a treatment indicator for individuals whose records were cleared.
Panel (b) presents estimates including a triple interaction with months since original charge
to test whether more recently cleared charges had a differential effect on employment.
We present graphical event-study estimates in Appendix Figure A.18. While these nonconviction records were generally cleared less than seven years before the original event (on
average cleared 5-6 years after the charge), we find no detectable effect of the automated
record clearance for treated versus control individuals for a range of employment outcomes,
although we do find a marginally significant effect for gig platform work for those with more
recent charges.25
5
Discussion and Conclusion
Our paper documents that initial criminal history events are associated with sharp and
persistent declines in the propensities to have W-2 reported earnings and to file a 1040
return, even in cases where charges did not lead to convictions. We find no evidence that
remediation for individuals who have had criminal records for multiple years improves filing
rates or earnings. Our findings point to the conclusion that older records do not directly
suppress individuals’ earnings and filing rates, which could be because the initial short-term
impacts of a record—for example, resume gaps and loss of experience—lead to longer term
labor-market scarring that can be difficult to undo.
An initial motivation for this work was our hypothesis that individuals with criminal
histories facing barriers to traditional employment might shift towards alternative work arrangements like gig work and other self-employment where they bear the full burden of
tax compliance. In practice, we do not find this to be true. Rather, in most cases selfemployment earnings of Schedule SE and 1099-reported nonemployee compensation both
decline in close proportion to W-2 employment after most types of criminal history events.
Contrary to our expectations, we find that clearing records leads to increases in platformmediate gig work reported on 1099 returns, though in most cases those gig earnings are not
reported on Schedule SE. These findings suggest that non-traditional work arrangements,
which have typically been unstudied, may be an increasingly important avenue of work for
25
To ensure our results are not driven by Philadelphia, which generally does not levy fines and fees for
non-convictions and thus had very few defendants in the control group, in Appendix Table A.10 we exclude
Philadelphia and find similar results, although the result for gig platform work is attenuated from removing
this large urban county where gig work would be concentrated. We also estimate effects separately by race
in Appendix Tables A.11 and A.12.
22
those who have previously had a criminal record–but an avenue that places the burden of
tax compliance on the individual, potentially leading to compliance challenges.
23
References
Agan, A., M. Freedman, and E. Owens (2021): “Is your lawyer a lemon? Incentives and selection in the public provision of criminal defense,” Review of Economics and
Statistics, 103, 294–309.
Collins, B., A. Garin, E. Jackson, D. Koustas, and M. Payne (2018): “Is Gig
Work Replacing Traditional Employment? Evidence from Two Decades of Tax Returns,”
SOI Working Paper.
Dobbie, W., J. Goldin, and C. S. Yang (2018): “The effects of pretrial detention
on conviction, future crime, and employment: Evidence from randomly assigned judges,”
American Economic Review, 108, 201–40.
Finlay, K., M. Mueller-Smith, and B. Street (2022): “Criminal Justice Involvement,
Self-employment, and Barriers in Recent Public Policy,” .
Freedman, M., E. Owens, and S. Bohn (2018): “Immigration, employment opportunities, and criminal behavior,” American Economic Journal: Economic Policy, 10, 117–51.
Garin, A., E. Jackson, and D. Koustas (Forthcoming): “Is Gig Work Changing the
Labor Market? Key Lessons from Tax Data,” National Tax Journal.
Garin, A., D. Koustas, C. McPherson, S. Norris, M. Pecenco, E. K. Rose,
Y. Shem-Tov, and J. Weaver (2022): “The Impact of Incarceration on Employment,
Earnings, and Tax Filing,” .
HireRight (2015): “HireRightAnnual Employment Screening Benchmark Report,” Tech.
rep.
Looney, A. and N. Turner (2018): “Work and opportunity before and after incarceration,” The Brookings Institution.
Mueller-Smith, M. (2015): “The criminal and labor market impacts of incarceration,”
Unpublished Working Paper, 18.
Society for Human Resource Management (2012): “SHRM Survey Findings: Background Checking - The Use of Criminal Background Checks in Hiring Decisions,” Tech.
rep.
Sun, L. and S. Abraham (2021): “Estimating dynamic treatment effects in event studies
with heterogeneous treatment effects,” Journal of Econometrics, 225, 175–199.
24
Travis, J., B. Western, and F. S. Redburn (2014): “The growth of incarceration in
the United States: Exploring causes and consequences,” .
25
Figures and Tables
Figures
26
Figure 1: Reductions in Tax Filing After First Event
(a) Files 1040
(b) Has W2 Wages
(c) Claims EIC
-.05
-.1
-.15
-.2
0
Percentage Points, Relative to -2
Percentage Points, Relative to -2
Percentage Points, Relative to -2
.01
0
-.05
-.1
-.15
-2
-1
0
1
2
3
4
Years since last criminal history event
Conviction
Non-conviction
Misdemeanor
Misdemeanor
5
6
-3
-1
0
1
2
3
4
Years since last criminal history event
Conviction
Non-conviction
Misdemeanor
Misdemeanor
5
-.01
-.02
-.03
-.04
-.05
-1
0
1
2
3
4
Years since last criminal history event
Misdemeanor
Misdemeanor
-3
Felony
Felony
5
6
-2
Felony
Felony
-1
0
1
2
3
4
Years since last criminal history event
Conviction
Non-conviction
Misdemeanor
Misdemeanor
5
6
5
6
Felony
Felony
(f) Wage Earnings (Dollars)
.01
1000
0
0
-.01
-.02
-.03
-.04
-1000
-2000
-3000
-4000
-5000
-.05
Conviction
Non-conviction
-.04
6
Dollars, Relative to -2
Percentage Points, Relative to -2
27
0
-2
-.03
(e) Has 1099 NEC
.01
Percentage Points, Relative to -2
-2
Felony
Felony
(d) Has SE Earnings
-3
-.02
-.05
-.2
-3
0
-.01
-6000
-3
-2
-1
0
1
2
3
4
Years since last criminal history event
Conviction
Non-conviction
Misdemeanor
Misdemeanor
Felony
Felony
5
6
-3
-2
-1
0
1
2
3
4
Years since last criminal history event
Conviction
Non-conviction
Misdemeanor
Misdemeanor
Felony
Felony
Notes: Each panel plots selected event study coefficients for the specified outcome after an initial criminal history event following specification 1 in
the text, where the type of event is as specified in the legend. For this analysis, we restrict the full sample to have been 18 by the time the first charge
appears in the data for both non-convictions and conviction. This event is the charge date for non-convictions and disposition date for convictions.
Coefficients are relative to 2 years before the event. We run separate event studies for each event type and outcome. Data from 2000-2020. The
sample is restricted to events occurring between 1996-2011 to ensure the regression is balanced in the event window.
Figure 2: FCRA Event Study of Any 1040 Around Removal (Year 7)
Note: MD has State FCRA for Convictions
Percentage Points, Relative to +5
(a) Felony Non-Convictions, no other convictions
(b) Mis. Non-Convictions, no other convictions
.05
.05
.025
.025
0
0
-.025
-.025
-.05
4
5
6
7
8
Years since FCRA criminal history event
Bexar, TX
MD
9
-.05
4
5
Bexar, TX
Bexar, TX: N= 10,217, NxT= 202,127, Dep. Mean in +5: 0.731
MD: N= 14,359, NxT= 276,553, Dep. Mean in +5: 0.621
NJ: N= 15,976, NxT= 317,267, Dep. Mean in +5: 0.597
8
9
MD
Bexar, TX: N= 68,694, NxT=1,345,682, Dep. Mean in +5: 0.779
MD: N= 90,519, NxT=1,722,568, Dep. Mean in +5: 0.724
(c) Felony Convictions
28
Percentage Points, Relative to +5
6
7
Years since FCRA criminal history event
NJ
(d) Mis. Convictions
.05
.05
.025
.025
0
0
-.025
-.025
-.05
4
5
6
7
8
Years since FCRA criminal history event
Bexar, TX
MD
PA
Bexar, TX: N= 28,786, NxT= 576,704, Dep. Mean in +5: 0.427
MD: N= 23,719, NxT= 473,663, Dep. Mean in +5: 0.428
PA: N= 34,622, NxT= 665,843, Dep. Mean in +5: 0.451
NJ: N= 194,068, NxT=3,894,497, Dep. Mean in +5: 0.498
NJ
9
-.05
4
5
6
7
8
Years since FCRA criminal history event
Bexar, TX
MD
9
PA
Bexar, TX: N= 68,336, NxT=1,362,099, Dep. Mean in +5: 0.621
MD: N= 86,508, NxT=1,733,092, Dep. Mean in +5: 0.543
PA: N= 106,967, NxT=2,091,048, Dep. Mean in +5: 0.604
Notes: Each panel plots selected event study coefficients for the share with any 1040 filing around 7 years after the event, following specification 2 in
the text. Timing from the event is based on the charge date for non-convictions and disposition date for convictions. Coefficients are relative to +5
periods after the event (2 years prior to the year 7 FCRA event, if applicable). We run separate event studies for each state in each panel. Data from
2000-2020. The sample is restricted to events occurring between 1996-2011 to ensure the regression is balanced in the event window.
Figure 3: FCRA Event Study of Any Wages Around Removal (Year 7)
Note: MD has State FCRA for Convictions
Percentage Points, Relative to +5
(a) Felony Non-Convictions, no other convictions
(b) Mis. Non-Convictions, no other convictions
.05
.05
.025
.025
0
0
-.025
-.025
-.05
4
5
6
7
8
Years since FCRA criminal history event
Bexar, TX
MD
9
-.05
4
Bexar, TX
Bexar, TX: N= 10,217, NxT= 202,127, Dep. Mean in +5: 0.696
MD: N= 14,359, NxT= 276,553, Dep. Mean in +5: 0.661
NJ: N= 15,976, NxT= 317,267, Dep. Mean in +5: 0.633
9
MD
Bexar, TX: N= 68,694, NxT=1,345,682, Dep. Mean in +5: 0.754
MD: N= 90,519, NxT=1,722,568, Dep. Mean in +5: 0.747
(c) Felony Convictions
29
Percentage Points, Relative to +5
5
6
7
8
Years since FCRA criminal history event
NJ
(d) Mis. Convictions
.05
.05
.025
.025
0
0
-.025
-.025
-.05
4
5
6
7
8
Years since FCRA criminal history event
Bexar, TX
MD
PA
Bexar, TX: N= 28,786, NxT= 576,704, Dep. Mean in +5: 0.480
MD: N= 23,719, NxT= 473,663, Dep. Mean in +5: 0.465
PA: N= 35,163, NxT= 676,163, Dep. Mean in +5: 0.483
NJ: N= 194,068, NxT=3,894,497, Dep. Mean in +5: 0.547
NJ
9
-.05
4
5
6
7
8
Years since FCRA criminal history event
Bexar, TX
MD
9
PA
Bexar, TX: N= 68,336, NxT=1,362,099, Dep. Mean in +5: 0.643
MD: N= 86,508, NxT=1,733,092, Dep. Mean in +5: 0.569
PA: N= 106,080, NxT=2,073,847, Dep. Mean in +5: 0.618
Notes: Each panel plots selected event study coefficients for the share with any wages > $0 around 7 years after the event, following specification 2
in the text. Timing from the event is based on the charge date for non-convictions and disposition date for convictions. Coefficients are relative to
+5 periods after the event (2 years prior to the year 7 FCRA event, if applicable). We run separate event studies for each state in each panel. Data
from 2000-2020. The sample is restricted to events occurring between 1996-2011 to ensure the regression is balanced in the event window.
Figure 4: FCRA Event-Study Estimates: Any Gig Platform Work
0.06
.004
0.04
.002
0.02
0
0.00
-.002
-0.02
-.004
-0.04
-.006
-0.06
-3
-2
-1
0
1
Years since last criminal history event
Left axis:
Right axis:
Platform gig work
Wage work
...and SE filer
30
Platform gig work: N= 779,515, NxT=7,014,395, Dep. Mean in -2: 0.003
...and SE filer: N= 779,515, NxT=7,014,395, Dep. Mean in -2: 0.001
Wage work: N= 779,515, NxT=7,014,395, Dep. Mean in -2: 0.632
2
.006
0.06
.004
0.04
.002
0.02
0
0.00
-.002
-0.02
-.004
-0.04
-.006
Percentage Point, Relative to +5
.006
Percentage Point, Relative to +5
FCRA “Time 7” Event
Percentage Point, Relative to -2
Percent, Relative to -2
“Time 0” Event
-0.06
4
5
6
7
8
Years since last criminal history event
Left axis:
Right axis:
Platform gig work
Wage work
9
...and SE filer
Platform gig work: N= 515,957, NxT=4,653,837, Dep. Mean in +5: 0.004
...and SE filer: N= 515,957, NxT=4,653,837, Dep. Mean in +5: 0.001
Wage work: N= 515,957, NxT=4,653,837, Dep. Mean in +5: 0.596
Notes: Each panel plots selected event study coefficients for the share with any gig income > $0 in different windows around the latest event. Events
are defined as charge dates for non-convictions and disposition dates for convictions. The left panel is restricted to latest events from 2015-2018 and
focuses on the period around the initial event. The right panel is restricted to latest events from 2008-2011 and focuses on the period 7 years after
the latest event. The data are restricted to the period since 2012. We pool all charges for this figure.
Figure 5: Any Wage Employment Around CA Prop 47 Reductions in SJ County
(a) Proactive Reductions
(b) Likely Self-Petitioners
0.20
0.20
0.16
0.16
0.12
0.12
0.08
0.08
0.04
0.04
0.00
0.00
-0.04
-0.04
-0.08
-0.08
-0.12
-0.12
-0.16
-0.16
-0.20
-0.20
-6
-5
-4
-3
-2
-1
Years Since Reduction
0
1
2
-6
-5
-4
(c) Pooled Post x Likely Self-Petitioners
-3
-2
-1
Years Since Reduction
0
1
2
(d) Pooled Estimates
0.10
0.10
0.08
0.08
0.06
0.06
0.04
0.04
0.02
0.02
0.00
0.00
-0.02
-0.02
-0.04
-0.04
-0.06
-0.06
-0.08
-0.08
-0.10
-0.10
≤6
-5
-4
-3
-2
-1
Years Since Reduction
0
1
2
≤6
-5
-4
-3
-2
-1
Years Since Reduction
0
1
2
(e) Likely Self-Petitioners >7 Yrs Post-Conviction
0.20
0.16
0.12
0.08
0.04
0.00
-0.04
-0.08
-0.12
-0.16
-0.20
-6
-5
-4
-3
-2
-1
Years Since Reduction
0
1
2
Notes: Figure shows event-study coefficients for having any wage employment around Proposition 47 felony
reductions in San Joaquin County, CA. Panels A and B report event-study coefficients from separate regressions following equation 3 in the text for proactive reductions and likely self-petitioners, respectively. Panel
C plots event-study coefficients from an interaction of post-reduction and likely self-petitioner, representing the differential labor market impacts for likely self-petitioners compared with individuals who received
proactive reductions. Panel D pools all individuals (both likely self-petitioners and proactive reductions) in
our main analysis sample of individuals with HS charges. Panel (E) plots event-study coefficients for likely
self-petitioners who received reductions more than seven years post-conviction. Darker shading shows 90
percent confidence intervals, and lighter shading extends out to 95 percent confidence intervals.
31
Tables
Table 1: Tax Reporting Behavior Before and After First Criminal History Events
(a) Misdemeanor Non-convictions , MD and Bexar, TX
Two Years Before
0.711
Year After
0.682
(0.002)
Five Years After
0.659
(0.003)
Has Labor Earnings
0.804
0.780
(0.001)
0.746
(0.002)
Has W2 Earnings
0.768
0.745
(0.001)
0.716
(0.002)
W2 Earnings (1000 $)
14.594
13.147
(0.067)
12.794
(0.139)
Has SE Earnings
0.068
0.065
(0.001)
0.058
(0.002)
SE if Has Earnings
0.084
0.084
(0.001)
0.082
(0.002)
Has 1099 NEC
0.076
0.077
(0.001)
0.067
(0.002)
EITC Claimant
0.247
0.240
(0.001)
0.233
(0.002)
N
160072
Files 1040
32
(b) Felony Non-convictions, MD, NJ, and Bexar, TX
Two Years Before
0.635
Year After
0.574
(0.003)
Five Years After
0.592
(0.006)
Has Labor Earnings
0.754
0.691
(0.003)
0.682
(0.005)
Has W2 Earnings
0.719
0.657
(0.003)
0.652
(0.005)
W2 Earnings (1000 $)
11.593
8.639
(0.122)
9.564
(0.241)
Has SE Earnings
0.067
0.063
(0.002)
0.057
(0.003)
SE if Has Earnings
0.089
0.095
(0.003)
0.089
(0.004)
Has 1099 NEC
0.061
0.054
(0.002)
0.051
(0.003)
EITC Claimant
0.266
0.248
(0.003)
0.254
(0.005)
N
37891
Files 1040
33
(c) Misdemeanor Convictions, MD, NJ, PA, and Bexar, TX
Two Years Before
0.654
Year After
0.593
(0.002)
Five Years After
0.598
(0.004)
Has Labor Earnings
0.792
0.749
(0.002)
0.725
(0.004)
Has W2 Earnings
0.770
0.728
(0.002)
0.703
(0.004)
W2 Earnings (1000 $)
11.084
9.125
(0.082)
9.419
(0.172)
Has SE Earnings
0.046
0.045
(0.001)
0.046
(0.002)
SE if Has Earnings
0.058
0.062
(0.001)
0.068
(0.003)
Has 1099 NEC
0.062
0.061
(0.001)
0.062
(0.002)
EITC Claimant
0.187
0.166
(0.002)
0.177
(0.003)
N
108397
Files 1040
34
(d) Felony Convictions, MD, PA, and Bexar, TX
Two Years Before
0.550
Year After
0.427
(0.002)
Five Years After
0.478
(0.003)
Has Labor Earnings
0.714
0.584
(0.002)
0.607
(0.003)
Has W2 Earnings
0.690
0.565
(0.002)
0.587
(0.003)
W2 Earnings (1000 $)
9.358
4.891
(0.064)
5.765
(0.121)
Has SE Earnings
0.045
0.034
(0.001)
0.036
(0.002)
SE if Has Earnings
0.063
0.062
(0.001)
0.067
(0.002)
Has 1099 NEC
0.046
0.034
(0.001)
0.036
(0.001)
EITC Claimant
0.194
0.145
(0.002)
0.161
(0.003)
N
123429
Files 1040
Notes: Table displays mean outcome levels two years prior to an initial criminal history event, where the type
of event differs across panels. Table also presents mean outcomes one and five years after the specified event
implied by our event study estimates of 1, which estimate the change relative to period -2 controlling for
aging and macroeconomic conditions. Specifically, we add our estimates of β 1 and β 5 from 1 for each event
type (displayed in Figure 1) to the means two years prior to the event. Standard errors reflect estimation
of event-study coefficients but not estimation of sample means in period -2. For this analysis, we restrict
the full sample to have been 18 by the time the first charge appears in the data for both non-convictions
and conviction. Data from 2000-2020. The sample is restricted to events occurring between 1996-2011 to
correspond to the event-study sample used to estimate Equation 1. W2 earnings are winsorized at the 99th
percentile.
35
Table 2: Test for Deviations from Trend Around “Year 7” FCRA Event
(a) Mis. non-convictions and no other convictions, MD and Bexar, TX
+7 Trend Deviation
(S.E.)
+8 Trend Deviation
(S.E.)
N
NxT
(1)
Any Wages>$0
-0.002
(0.002)
-0.002
(0.003)
159,194
3,068,250
(2)
...>$7,500
-0.004ª
(0.003)
-0.007ª
(0.003)
159,194
3,068,250
(3)
...>$15,000
-0.004
(0.003)
-0.004
(0.003)
159,194
3,068,250
(4)
Any Gig
-0.001
(0.001)
-0.001
(0.002)
57,246
515,235
(5)
Any Other 1099
0.004∗
(0.002)
0.006∗
(0.003)
159,194
3,068,250
(6)
Files 1040
-0.001
(0.002)
-0.000
(0.003)
159,194
3,068,250
(7)
Files SE
0.001
(0.002)
0.002
(0.002)
159,194
3,068,250
(b) Felony non-convictions and no other convictions, MD, NJ, and Bexar, TX
36
+7 Trend Deviation
(S.E.)
+8 Trend Deviation
(S.E.)
N
NxT
(1)
Any Wages>$0
0.001
(0.005)
0.002
(0.007)
40,540
795,947
(2)
...>$7,500
0.006
(0.005)
0.008
(0.007)
40,540
795,947
(3)
...>$15,000
-0.009ª
(0.005)
-0.013ª
(0.007)
40,540
795,947
(4)
Any Gig
-0.001
(0.002)
0.000
(0.003)
13,480
121,324
(5)
Any Other 1099
0.006ª
(0.003)
0.006ª
(0.005)
40,540
795,947
(6)
Files 1040
-0.004
(0.005)
-0.003
(0.007)
40,540
795,947
(7)
Files SE
0.001
(0.003)
-0.000
(0.004)
40,540
795,947
Notes: Table reports results from a test of whether the event study coefficients 7-8 years after the last charge are different from a linear trend.
Specifically, “+7 Trend Deviation” reports 2 × β+4 + β+7 , and “+8 Trend Deviation” reports 3 × β+4 + β+8 . With the exception of Column (4), data
is from 2000-2020, and the sample is restricted to events occurring between 1996-2011 to ensure the regression is balanced in the window around the
event. Column (4) restricts to data from 2012 and events from 2015-2018. Standard errors clustered on individual are reported in parentheses. ª
p<0.1, * p<0.05, ** p<0.01, *** p<0.001
Table 3: Test for Deviations from Trend Around “Year 7” in MD v All Other States
(a) Convictions in NJ, PA and Bexar, TX [No state FCRA]
+7 Trend Deviation
(S.E.)
+8 Trend Deviation
(S.E.)
N
NxT
(1)
Any Wages>$0
-0.006∗∗∗
(0.002)
-0.011∗∗∗
(0.002)
430,324
8,584,190
(2)
...>$7,500
-0.006∗∗∗
(0.001)
-0.010∗∗∗
(0.002)
430,324
8,584,190
(3)
...>$15,000
-0.003∗
(0.001)
-0.006∗
(0.002)
430,324
8,584,190
(4)
Any Gig
0.002∗∗∗
(0.000)
0.004∗∗∗
(0.000)
227,737
2,050,582
(5)
Any Other 1099
-0.001
(0.001)
-0.002
(0.001)
430,324
8,584,190
(6)
Files 1040
-0.010∗∗∗
(0.001)
-0.012∗∗∗
(0.002)
430,324
8,584,190
(7)
Files SE
-0.001
(0.001)
-0.001
(0.001)
430,324
8,584,190
(6)
Files 1040
-0.008∗∗
(0.003)
-0.009∗∗
(0.004)
110,227
2,206,755
(7)
Files SE
0.001
(0.002)
0.000
(0.002)
110,227
2,206,755
(b) Convictions in MD [State FCRA]
37
+7 Trend Deviation
(S.E.)
+8 Trend Deviation
(S.E.)
N
NxT
(1)
Any Wages>$0
-0.003
(0.003)
-0.004
(0.004)
110,227
2,206,755
(2)
...>$7,500
-0.008∗∗
(0.003)
-0.012∗∗
(0.004)
110,227
2,206,755
(3)
...>$15,000
-0.010∗∗∗
(0.003)
-0.015∗∗∗
(0.004)
110,227
2,206,755
(4)
Any Gig
0.002
(0.001)
0.004∗∗
(0.001)
34,881
312,769
(5)
Any Other 1099
0.000
(0.002)
0.002
(0.003)
110,227
2,206,755
Notes: Table reports results from a test of whether the event study coefficients 7-8 years after the disposition are different from a linear trend.
Specifically, “+7 Trend Deviation” reports 2 × β+4 + β+7 , and “+8 Trend Deviation” reports 3 × β+4 + β+8 . With the exception of column (4), data
is from 2000-2020, and the sample is restricted to events occurring between 1996-2011 to ensure the regression is balanced in the window around the
event. Column (4) restricts to data from 2012 and events from 2015-2018. Standard errors clustered on individual are reported in parentheses. ª
p<0.1, * p<0.05, ** p<0.01, *** p<0.001
38
Table 4: Impact of Proposition 47 Reductions on Employment Outcomes
(a) Public Defender Initiated Petitioners
(1)
Any Wages>$0
0.003
(0.014)
Prop 47 Reduction
(2)
...>$15,000
0.002
(0.012)
Prop 47 Reduction × 1 Felony
(3)
...>$0
0.003
(0.015)
(4)
...>$0
0.054*
(0.026)
(5)
Any Gig
0.004*
(0.002)
(6)
Files SE
0.003
(0.006)
0.338
4,967
94,373
X
X
X
-0.004**
(0.001)
0.335
4,336
82,384
X
X
X
0.002
4,967
94,373
X
X
X
0.029
4,967
94,373
X
X
X
(3)
...>$0
0.036
(0.036)
(4)
...>$0
0.024
(0.051)
(5)
Any Gig
-0.004
(0.006)
(6)
Files SE
0.019
(0.013)
-0.000
(0.003)
0.330
615
11,685
X
X
X
0.005
655
12,445
X
X
X
0.031
655
12,445
X
X
X
-0.006
(0.026)
Prop 47 Reduction × Years Since Crime
39
Dep. Mean (-1)
0.338
N
4,967
NxT
94,373
Age Controls
X
Indiv. FE
X
Year FE
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
0.195
4,967
94,373
X
X
X
(b) Likely Self-Initiated Petitioner
Prop 47 Reduction
(1)
Any Wages>$0
0.034
(0.036)
(2)
...>$15,000
0.019
(0.029)
Prop 47 Reduction × 1 Felony
-0.018
(0.054)
Prop 47 Reduction × Years Since Crime
Dep. Mean (-1)
0.334
N
655
NxT
12,445
Age Controls
X
Indiv. FE
X
Year FE
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
0.160
655
12,445
X
X
X
0.334
655
12,445
X
X
X
(c) Pooled
Prop 47 Reduction
(1)
Any Wages>$0
0.024ª
(0.013)
(2)
...>$15,000
0.006
(0.010)
Prop 47 Reduction × 1 Felony
(3)
...>$0
0.024ª
(0.013)
(5)
Any Gig
0.004*
(0.002)
(6)
Files SE
0.006
(0.005)
-0.004***
(0.001)
0.334
4,951
94,069
X
X
X
0.002
5,622
106,818
X
X
X
0.029
5,622
106,818
X
X
X
-0.002
(0.024)
Prop 47 Reduction × Years Since Crime
40
Dep. Mean (-1)
0.338
N
5,622
NxT
106,818
Age Controls
X
Indiv. FE
X
Year FE
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
(4)
...>$0
0.078***
(0.022)
0.191
5,622
106,818
X
X
X
0.338
5,622
106,818
X
X
X
Notes: This table reports coefficients on receiving a Prop 47 reduction indicator following Equation 4. Panel (a) presents results for Public Defender
Initiated Petitioners, Panel (b) presents results for likely self-initiated petitioners, and Panel (c) presents results for the pooled sample.
Table 5: Impact of PA Clean Slate Reductions on Employment Outcomes
(a) DD Estimates
(1)
Any Wages>$0
0.00424
(0.00326)
(2)
...>$7,500
-0.00131
(0.00401)
(3)
...>$15,000
0.00123
(0.00407)
(4)
Any Gig
0.000686
(0.00150)
(5)
Any Other 1099
0.000542
(0.00227)
(6)
Files 1040
0.00767ª
(0.00401)
(7)
Files SE
-0.00415ª
(0.00214)
2017 × Cleared
-0.00275
(0.00341)
-0.000528
(0.00426)
0.0113**
(0.00419)
-0.000974
(0.00123)
-0.00657**
(0.00249)
-0.00575
(0.00407)
-0.00515*
(0.00225)
2016 × Cleared
-0.00350
(0.00405)
0.809
45,877
275,634
X
X
X
-0.000584
(0.00501)
0.618
45,877
275,634
X
X
X
0.00755
(0.00490)
0.480
45,877
275,634
X
X
X
0.00155
(0.00129)
0.011
45,877
275,634
X
X
X
-0.00393
(0.00277)
0.056
45,877
275,634
X
X
X
-0.00545
(0.00468)
0.713
45,877
275,634
X
X
X
-0.00234
(0.00244)
0.051
45,877
275,634
X
X
X
Post (2019-2021) × Cleared
Dep. Mean (2018)
N
NxT
Age Controls
Indiv. FE
Year FE
(b) By months since charge
41
(1)
Any Wages>$0
0.00249
(0.00779)
(2)
...>$7,500
-0.00830
(0.00970)
(3)
...>$15,000
-0.0233*
(0.00953)
(4)
Any Gig
0.00724*
(0.00355)
(5)
Any Other 1099
-0.00253
(0.00472)
(6)
Files 1040
0.0212*
(0.00924)
(7)
Files SE
-0.00202
(0.00449)
-0.00000386
(0.000121)
0.000126
(0.000147)
0.000450**
(0.000146)
-0.000115*
(0.0000548)
0.0000561
(0.0000750)
-0.000226
(0.000141)
-0.0000413
(0.0000736)
0.000340**
(0.000109)
-0.000112
(0.000134)
-0.000474***
(0.000134)
0.0000673
(0.0000495)
-0.0000542
(0.0000694)
0.0000323
(0.000130)
0.0000627
(0.0000675)
2017 × Cleared
-0.00341
(0.00341)
-0.000483
(0.00426)
0.0116**
(0.00420)
-0.000948
(0.00124)
-0.00654**
(0.00249)
-0.00550
(0.00408)
-0.00522*
(0.00225)
2016 × Cleared
-0.00482
(0.00406)
-0.000488
(0.00502)
0.00818ª
(0.00491)
0.00160
(0.00130)
-0.00387
(0.00277)
-0.00496
(0.00469)
-0.00247
(0.00244)
Post (2019-2021) × Cleared
Post (2019-2021) × Cleared
× Months since charge
Post (2019-2021)
× Months since charge
Notes: Table reports difference-in-differences results comparing outcomes for individuals who had all their non-convictions cleared by PA’s Clean Slate law by 2020, compared
with those who did not. Data from 2016-2021. Sample is restricted to ages 18-25 to ensure they had no other prior convictions by the start of our charge data, which begins in
2008. Standard errors clustered on individual are reported in parentheses. ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
Appendix
A
Additional Figures and Tables
42
Table A.1: Summary Statistics
(a) Last-Event Analysis Estimation Sample
(1)
(2)
Last Event is Non-Conv &
No Other Conv
Felony
Misdemeanor
Male
0.648
0.643
5 Years After Charge/Disposition:
Age
30.95
30.61
Any Wages
0.659
0.743
Wages>$15k
0.390
0.499
Avg. Wages
14,564
19,647
Any 1099 NEC
0.067
0.086
Filed Taxes
0.639
0.739
Any SE Income
0.073
0.078
Total Obs
40,552
171,725
(3)
(4)
Last Event is Conv.
Felony
0.793
Misdemeanor
0.765
38.18
0.525
0.279
10,803
0.053
0.479
0.049
280,854
39.69
0.608
0.399
16,533
0.079
0.589
0.061
260,515
(b) San Joaquin Felony Reductions Estimation Sample
Male
Reduction<7 Years from Conviction
2 Years Prior to Reduction:
Age
Any Wages
Wages>$15k
Avg. Wages
Any 1099 NEC
Filed Taxes
Any SE Income
Total Obs
(1)
All
Crimes
All
0.735
0.087
0.751
0.075
(3)
Has HS Crime
Likely
SelfInitiated
Petitioner
0.766
0.177
47.63
0.331
0.179
7,674
0.033
0.303
0.031
6,729
47.55
0.332
0.181
7,697
0.032
0.310
0.030
5,622
45.09
0.296
0.139
6,003
0.020
0.301
0.029
655
43
(2)
(4)
PD
Initiated
Petitioner
0.749
0.061
47.88
0.337
0.187
7,920
0.034
0.311
0.030
4,967
(c) Additional Summary Statistics, San Joaquin Felony Reductions Estimation Sample
Male
Reduction<7 Years from Conviction
2 Years Prior to Reduction:
Age
Years Since Conviction
1 Felony
Any Wages
Wages>$15k
Any Platform Gig
Any Filed SE Income
Total Obs
44
(1)
(2)
Likely
Self-Initiated
Petitioner
0.766
(0.424)
0.177
(0.382)
PD Initiated
Petitioner
45.09
(10.79)
12.176
(5.668)
0.095
(0.293)
0.296
(0.457)
0.139
(0.346)
0.002
(0.039)
0.029
(0.168)
655
47.88
(10.55)
14.474
(5.322)
0.073
(0.260)
0.337
(0.473)
0.187
(0.390)
0.001
(0.032)
0.030
(0.172)
4,967
0.749
(0.434)
0.061
(0.239)
(d) PA Clean Slate Estimation Sample, Summary Statistics in 2018
Pooled
Male
0.645
(0.478)
Black
0.303
(0.460)
Age
26.39
(3.677)
Years Since Charge
4.781
(2.958)
Any Wages
0.809
(0.393)
Wages>$15k
0.480
(0.500)
Avg. Wages
19,531
(20,747)
Any 1099 NEC, non platform
0.056
(0.229)
Any platform gig
0.011
(0.104)
Filed Taxes
0.713
(0.452)
Any SE Income
0.051
(0.221)
Total Obs
45,877
Treated
0.631
(0.483)
0.314
(0.464)
26.77
(3.674)
5.122
(2.976)
0.798
(0.402)
0.478
(0.500)
19,566
(20,950)
0.056
(0.229)
0.011
(0.106)
0.706
(0.456)
0.053
(0.225)
32,677
Control
0.682
(0.466)
0.276
(0.447)
25.45
(3.512)
3.941
(2.738)
0.835
(0.371)
0.484
(0.500)
19,445
(20,235)
0.056
(0.230)
0.010
(0.100)
0.731
(0.443)
0.047
(0.211)
13,221
Notes: Panel (a) uses charges in the case of non-convictions, or disposition dates in the case of convictions.
Sample is restricted to charges or dispositions from 1996 to 2011. Panel (b) reports summary statistics
for our main estimation sample in San Joaquin County, CA. Likely self-initiated petitions are those whose
petitions were filed before the “surge” for the first letter of their last name, the rest are classified as PD
initiated petitions (see text for more detail). Panel (c) provides additioan information on the focal subsample of individuals with HS (“health & safety”) crime as those were the petition list the DPD started
with and make up a majority of petitions (84%). In panel (c), standard deviations are in parenthesis. Panel
(d) presents summary statistics for PA estimation sample. This sample had charges that were dismissed or
withdrawn, and were 18-25 at time of the charge.
45
Figure A.1: Reduction in W2 Employment after First Charge, By State
Percentage Points, Relative to -2
(a) Felony Non-Convictions
(b) Misdemeanor Non-Convictions
0
0
-.02
-.05
-.04
-.06
-.1
-3
-2
-1
0
1
2
3
4
Years since first criminal history event
Bexar, TX
MD
5
6
-.08
-3
Percentage Points, Relative to -2
Percentage Points, Relative to -2
46
-.05
-.1
-.15
-.2
Bexar, TX
MD
NJ
Bexar, TX: N= 9,885, NxT= 192,419, Dep. Mean in -2: 0.709
MD: N= 5,238, NxT= 92,699, Dep. Mean in -2: 0.729
NJ: N= 99,228, NxT=1,820,135, Dep. Mean in -2: 0.685
5
6
5
6
MD
(d) Misdemeanor Convictions
0
-1
0
1
2
3
4
Years since first criminal history event
0
1
2
3
4
Years since first criminal history event
Bexar, TX: N= 59,737, NxT=1,140,081, Dep. Mean in -2: 0.800
MD: N= 100,356, NxT=1,741,007, Dep. Mean in -2: 0.749
(c) Felony Convictions
-2
-1
Bexar, TX
Bexar, TX: N= 7,363, NxT= 142,661, Dep. Mean in -2: 0.763
MD: N= 16,781, NxT= 285,610, Dep. Mean in -2: 0.726
NJ: N= 13,762, NxT= 251,551, Dep. Mean in -2: 0.686
-3
-2
NJ
5
6
0
-.05
-.1
-.15
-.2
-3
-2
-1
0
1
2
3
4
Years since first criminal history event
Bexar, TX
MD
Bexar, TX: N= 43,100, NxT= 824,407, Dep. Mean in -2: 0.770
MD: N= 28,334, NxT= 506,063, Dep. Mean in -2: 0.736
Notes: Each panel plots selected event study coefficients for the share with any wages around an individual’s first charge,
following specification 1 in the text. For this analysis, we restrict the full sample to have been 18 by the time the first charge
appears in the data for both non-convictions and convictions. Coefficients are relative to 2 periods before the first charge. We
run separate event studies for each state in each panel. Data from 2000-2020. The sample is restricted to events occurring
between 1996-2011 to ensure the regression is balanced in the event window.
Table A.2: Summary Statistics: Last-Event Analysis Estimation Sample, Two Years Before
Last Charge/Disposition.
(a) Last-Event Analysis Estimation Sample
(1)
(2)
Last Event is Non-Conv &
No Other Conv
Misdemeanor
Felony
2 Years Before Charge/Disposition:
Any Wages
0.781
0.725
Wages>$15k
0.399
0.323
Any 1099 NEC
0.079
0.065
Filed Taxes
0.716
0.639
Any SE Income
0.059
0.061
Total Obs
87,681
21,607
(3)
(4)
Last Event is Conv.
Misdemeanor
Felony
0.693
0.360
0.074
0.627
0.050
204,084
0.602
0.239
0.051
0.475
0.040
183,069
Notes: Table displays summary statics for sample in Figure A.2, pooling individuals across the states presented within each panel of Figure A.2.
47
Figure A.2: Reductions in W2 Employment After Latest Criminal History Event
Percentage Points, Relative to -2
(a) Fel. Non-Convictions, no earlier convictions
.025
.025
0
0
-.025
-.025
-.05
-.05
-.075
-.075
-.1
-3
-2
-1
0
1
2
3
4
Years since last criminal history event
Bexar, TX
MD
5
6
-.1
-3
-2
-1
0
1
2
3
4
Years since last criminal history event
NJ
Bexar, TX
Bexar, TX: N= 37,906, NxT= 764,632, Dep. Mean in -2: 0.801
MD: N= 49,775, NxT= 968,558, Dep. Mean in -2: 0.765
(c) Fel. Convictions
(d) Mis. Convictions
0
0
-.05
-.05
-.1
-.1
-.15
5
6
5
6
MD
Bexar, TX: N= 6,291, NxT= 126,933, Dep. Mean in -2: 0.756
MD: N= 7,331, NxT= 143,700, Dep. Mean in -2: 0.725
NJ: N= 7,985, NxT= 158,953, Dep. Mean in -2: 0.700
48
Percentage Points, Relative to -2
(b) Mis. Non-Convictions, no earlier convictions
-.15
-.2
-3
-2
-1
0
1
2
3
4
Years since last criminal history event
Bexar, TX
MD
PA
Bexar, TX: N= 20,025, NxT= 401,047, Dep. Mean in -2: 0.632
MD: N= 14,160, NxT= 283,155, Dep. Mean in -2: 0.569
PA: N= 34,135, NxT= 668,569, Dep. Mean in -2: 0.569
NJ: N= 114,749, NxT=2,303,491, Dep. Mean in -2: 0.610
NJ
5
6
-.2
-3
-2
-1
0
1
2
3
4
Years since last criminal history event
Bexar, TX
MD
PA
Bexar, TX: N= 42,344, NxT= 846,248, Dep. Mean in -2: 0.728
MD: N= 55,052, NxT=1,100,163, Dep. Mean in -2: 0.648
PA: N= 106,688, NxT=2,102,658, Dep. Mean in -2: 0.703
Notes: Each panel plots selected event study coefficients for the share with any wages > $0 around the latest event, following specification 1 in the
text. This event is the charge date for non-convictions and disposition date for convictions. Coefficients are relative to 2 years before the event. We
run separate event studies for each state in each panel. Data from 2000-2020. The sample is restricted to events occurring between 2003-2011.
Figure A.3: Event Study of Any Wages Around First Criminal History Event, By Race
Any Wage/Salary Employment, Relative to -2
(a) Non-Convictions
0
-.02
-.04
-.06
-.08
-3
-2
-1
0
1
2
3
4
Years Since First Criminal History Event
Black
5
6
All Others
Black: N= 72,546, NxT=1,245,081, Dep. Mean in +5: 0.791
All Others: N= 111,664, NxT=2,064,378, Dep. Mean in +5: 0.746
Any Wage/Salary Employment, Relative to -2
(b) Convictions
0
-.05
-.1
-.15
-3
-2
-1
0
1
2
3
4
Years Since First Criminal History Event
Black
5
6
All Others
Black: N= 33,746, NxT= 518,918, Dep. Mean in +5: 0.738
All Others: N= 98,960, NxT=1,607,249, Dep. Mean in +5: 0.766
Notes: Each panel plots selected event study coefficients for the share with any wages around the first
criminal history event, following specification 2 in the text. Timing from the event is based on the charge
date for non-convictions and disposition date for convictions. Coefficients are relative to 2 periods before
the event. We run separate event studies for each state in each panel. For this analysis, we restrict the
full sample to have been 18 by the time the first charge appears in the data for both non-convictions and
conviction. Data from 2000-2020. The sample is restricted to events occurring between 2003-2018. We run
separate event studies for Black individuals and all those of all other racial identities.
49
Figure A.4: Event Study of Any Wages Around Latest Criminal History Event, By Race
Any Wage/Salary Employment, Relative to -2
(a) Non-Convictions
.02
0
-.02
-.04
-3
-2
-1
0
1
2
3
4
Years Since Last Criminal History Event
Black
5
6
All Others
Black: N= 35,246, NxT= 690,280, Dep. Mean in +5: 0.804
All Others: N= 66,047, NxT=1,313,765, Dep. Mean in +5: 0.759
Any Wage/Salary Employment, Relative to -2
(b) Convictions
0
-.02
-.04
-.06
-.08
-3
-2
-1
0
1
2
3
4
Years Since Last Criminal History Event
Black
5
6
All Others
Black: N= 77,823, NxT=1,548,288, Dep. Mean in +5: 0.600
All Others: N= 194,481, NxT=3,864,358, Dep. Mean in +5: 0.693
Notes: Each panel plots selected event study coefficients for the share with any wages around the last criminal
history event, following specification 2 in the text. Timing from the event is based on the charge date for
non-convictions and disposition date for convictions. Coefficients are relative to 2 periods before the event.
We run separate event studies for each state in each panel. Data from 2000-2020. The sample is restricted
to events occurring between 2003-2018 to ensure the regression is balanced in the event window. We run
separate event studies for Black individuals and all those of all other racial identities.
50
Table A.3: Impact of Proposition 47 Reductions on Employment Outcomes: Including Pre-Trend Estimates
(a) Main Results-Proactive Reductions
(1)
Any Wages>$0
0.00270
(0.0145)
(2)
...>$7,500
-0.00395
(0.0128)
(3)
...>$15,000
0.00234
(0.0119)
(4)
Any Gig
0.00380*
(0.00167)
(5)
Any Other 1099
0.00117
(0.00653)
(6)
Files 1040
-0.0133
(0.0142)
(7)
Files SE
0.00270
(0.00586)
-2
0.00471
(0.00909)
-0.00164
(0.00794)
-0.00624
(0.00735)
-0.00129
(0.00137)
-0.00647
(0.00415)
0.00607
(0.00883)
0.00124
(0.00404)
-3
0.00470
(0.0155)
-0.00800
(0.0134)
-0.0167
(0.0124)
-0.000557
(0.00160)
-0.00842
(0.00704)
0.00628
(0.0151)
0.00546
(0.00657)
-4
-0.00948
(0.0213)
-0.0183
(0.0187)
-0.0226
(0.0169)
-0.000203
(0.00165)
-0.00672
(0.00932)
0.00499
(0.0212)
0.00971
(0.00910)
-5
-0.0143
(0.0267)
-0.0154
(0.0229)
-0.0208
(0.0209)
-0.000200
(0.00163)
-0.0118
(0.0114)
0.0126
(0.0267)
0.0122
(0.0111)
-0.0189
-0.0134
-0.0190
(0.0319)
(0.0273)
(0.0248)
Dep. Mean (-1)
0.338
0.243
0.195
N
4,967
4,967
4,967
NxT
94,373
94,373
94,373
Age Controls
X
X
X
Indiv. FE
X
X
X
Year FE
X
X
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
-0.0000890
(0.00167)
0.002
4,967
94,373
X
X
X
-0.0160
(0.0133)
0.038
4,967
94,373
X
X
X
0.00329
(0.0315)
0.304
4,967
94,373
X
X
X
0.0136
(0.0129)
0.029
4,967
94,373
X
X
X
Treated
51
≤ -6
(b) By Years Since Conviction
(1)
Any Wages>$0
0.054*
(0.026)
(2)
...>$7,500
0.050*
(0.022)
(3)
...>$15,000
0.052**
(0.020)
(4)
Any Gig
-0.000
(0.003)
(5)
Any Other 1099
0.008
(0.012)
(6)
Files 1040
0.002
(0.025)
(7)
Files SE
0.012
(0.010)
Treated × Years Since Crime
-0.004**
(0.001)
-0.005***
(0.001)
-0.005***
(0.001)
0.000
(0.000)
-0.001
(0.001)
-0.002
(0.001)
-0.000
(0.001)
-2
0.011
(0.010)
0.005
(0.009)
0.000
(0.008)
-0.002ª
(0.001)
-0.003
(0.005)
0.016
(0.010)
0.002
(0.005)
-3
0.016
(0.018)
0.003
(0.016)
-0.004
(0.014)
-0.002
(0.001)
-0.006
(0.008)
0.022
(0.018)
0.003
(0.008)
-4
0.006
(0.025)
-0.002
(0.022)
-0.004
(0.020)
-0.001
(0.002)
-0.004
(0.011)
0.025
(0.025)
0.008
(0.011)
-5
-0.001
(0.031)
0.003
(0.027)
-0.004
(0.024)
-0.001
(0.002)
-0.012
(0.013)
0.041
(0.032)
0.009
(0.013)
-0.006
0.007
(0.037)
(0.032)
Dep. Mean (-1)
0.335
0.243
N
4,336
4,336
NxT
82,384
82,384
Age Controls
X
X
Indiv. FE
X
X
Year FE
X
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
0.001
(0.029)
0.196
4,336
82,384
X
X
X
-0.001
(0.002)
0.002
4,336
82,384
X
X
X
-0.014
(0.015)
0.039
4,336
82,384
X
X
X
0.035
(0.037)
0.303
4,336
82,384
X
X
X
0.009
(0.015)
0.028
4,336
82,384
X
X
X
Treated
52
≤ -6
(c) By One Felony
(1)
Any Wages>$0
0.003
(0.015)
(2)
...>$7,500
-0.004
(0.013)
(3)
...>$15,000
0.001
(0.012)
(4)
Any Gig
0.004*
(0.002)
(5)
Any Other 1099
0.001
(0.006)
(6)
Files 1040
-0.014
(0.014)
(7)
Files SE
0.002
(0.006)
Treated × 1 Felony
-0.006
(0.026)
0.006
(0.025)
0.024
(0.022)
-0.000
(0.005)
0.008
(0.015)
0.012
(0.028)
0.020
(0.016)
-2
0.005
(0.009)
-0.002
(0.008)
-0.006
(0.007)
-0.001
(0.001)
-0.006
(0.004)
0.006
(0.009)
0.001
(0.004)
-3
0.005
(0.016)
-0.008
(0.013)
-0.017
(0.012)
-0.001
(0.002)
-0.008
(0.007)
0.006
(0.015)
0.006
(0.007)
-4
-0.010
(0.021)
-0.018
(0.019)
-0.022
(0.017)
-0.000
(0.002)
-0.007
(0.009)
0.005
(0.021)
0.010
(0.009)
-5
-0.014
(0.027)
-0.015
(0.023)
-0.021
(0.021)
-0.000
(0.002)
-0.012
(0.011)
0.013
(0.027)
0.012
(0.011)
≤ -6
-0.019
(0.032)
-0.013
(0.027)
-0.019
(0.025)
-0.000
(0.002)
-0.016
(0.013)
0.003
(0.032)
0.014
(0.013)
0.000
362
6,878
0.041
362
6,878
0.362
362
6,878
0.028
362
6,878
0.002
4,605
87,495
X
X
X
0.038
4,605
87,495
X
X
X
0.299
4,605
87,495
X
X
X
0.029
4,605
87,495
X
X
X
Treated
53
1 Felony
Dep. Mean (-1)
0.387
0.276
0.240
N
362
362
362
NxT
6,878
6,878
6,878
>1 Felony
Dep. Mean (-1)
0.334
0.240
0.192
N
4,605
4,605
4,605
NxT
87,495
87,495
87,495
Age Controls
X
X
X
Indiv. FE
X
X
X
YearXGroup FE
X
X
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
(d) Likely Self-Initiated Petitioners
(1)
Any Wages>$0
0.0344
(0.0364)
(2)
...>$7,500
0.0331
(0.0320)
(3)
...>$15,000
0.0185
(0.0293)
(4)
Any Gig
-0.00375
(0.00629)
(5)
Any Other 1099
0.00792
(0.0106)
(6)
Files 1040
0.00708
(0.0352)
(7)
Files SE
0.0194
(0.0134)
-2
-0.0342
(0.0228)
-0.0181
(0.0183)
-0.00876
(0.0150)
-0.00101
(0.00145)
-0.00671
(0.00892)
-0.0169
(0.0216)
-0.00728
(0.00734)
-3
-0.0352
(0.0365)
-0.0551ª
(0.0293)
-0.0344
(0.0242)
-0.00228
(0.00203)
-0.00675
(0.0147)
-0.0187
(0.0365)
-0.0121
(0.0111)
-4
-0.0402
(0.0485)
-0.0858*
(0.0391)
-0.0425
(0.0334)
-0.00249
(0.00248)
-0.0122
(0.0185)
-0.0506
(0.0509)
-0.0158
(0.0164)
-5
-0.0269
(0.0593)
-0.0790
(0.0486)
-0.0335
(0.0407)
-0.00285
(0.00297)
-0.0122
(0.0238)
-0.0628
(0.0643)
-0.00773
(0.0207)
-0.00944
-0.0747
-0.0385
(0.0713)
(0.0586)
(0.0486)
Dep. Mean (-1)
0.334
0.217
0.160
N
655
655
655
NxT
12,445
12,445
12,445
Age Controls
X
X
X
Indiv. FE
X
X
X
Year FE
X
X
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
-0.00332
(0.00361)
0.005
655
12,445
X
X
X
-0.0216
(0.0274)
0.021
655
12,445
X
X
X
-0.0960
(0.0772)
0.299
655
12,445
X
X
X
-0.00509
(0.0231)
0.031
655
12,445
X
X
X
Treated
≤ -6
54
(e) Pooled
(1)
Any Wages>$0
0.0242ª
(0.0128)
(2)
...>$7,500
0.00892
(0.0113)
(3)
...>$15,000
0.00623
(0.0103)
(4)
Any Gig
0.00388*
(0.00157)
(5)
Any Other 1099
-0.000254
(0.00526)
(6)
Files 1040
-0.000715
(0.0125)
(7)
Files SE
0.00631
(0.00503)
-2
-0.00526
(0.00790)
-0.00550
(0.00677)
-0.00438
(0.00614)
-0.00110
(0.00107)
-0.00454
(0.00343)
-0.00154
(0.00751)
-0.000568
(0.00336)
-3
-0.00673
(0.0132)
-0.0132
(0.0112)
-0.0115
(0.0101)
-0.000697
(0.00131)
-0.00471
(0.00561)
-0.00259
(0.0127)
0.00224
(0.00532)
-4
-0.0147
(0.0180)
-0.0225
(0.0155)
-0.0141
(0.0137)
-0.000470
(0.00135)
-0.00306
(0.00734)
-0.0104
(0.0177)
0.00357
(0.00729)
-5
-0.00995
(0.0224)
-0.0137
(0.0189)
-0.00753
(0.0168)
-0.000475
(0.00134)
-0.00644
(0.00906)
-0.0104
(0.0224)
0.00350
(0.00887)
-0.000674
-0.00389
-0.00188
(0.0268)
(0.0225)
(0.0200)
Dep. Mean (-1)
0.338
0.240
0.191
N
5,622
5,622
5,622
NxT
106,818
106,818
106,818
Age Controls
X
X
X
Indiv. FE
X
X
X
Year FE
X
X
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
-0.000394
(0.00139)
0.002
5,622
106,818
X
X
X
-0.0104
(0.0106)
0.036
5,622
106,818
X
X
X
-0.0328
(0.0268)
0.303
5,622
106,818
X
X
X
0.00323
(0.0104)
0.029
5,622
106,818
X
X
X
Treated
≤ -6
55
Notes: This table reports results from specifications in Table 4 but fully displays year-specific coefficients for leads of the events.
Table A.4: Impact of Proposition 47 Reductions: Alternative Age Controls
(a) PD Initiated Petitioners-No Age Controls
(1)
Any Wages>$0
-0.003
(0.015)
PD Initiated Petitioner
(2)
...>$15,000
-0.002
(0.012)
PD Initiated Petitioner × 1 Felony
(3)
...>$0
-0.002
(0.015)
(5)
Any Gig
0.004*
(0.002)
(6)
Files SE
0.002
(0.006)
0.002
4,967
94,373
0.029
4,967
94,373
-0.012
(0.027)
PD Initiated Petitioner × Years Since Crime
Dep. Mean (-1)
N
NxT
Age Controls
Indiv. FE
Year FE
(4)
...>$0
0.112***
(0.026)
0.338
4,967
94,373
0.195
4,967
94,373
0.338
4,967
94,373
-0.009***
(0.001)
0.335
4,336
82,384
X
X
X
X
X
X
X
X
X
X
X
X
(4)
...>$0
0.063*
(0.026)
(5)
Any Gig
0.004*
(0.002)
(6)
Files SE
0.003
(0.006)
-0.005***
(0.001)
0.335
4,336
82,384
X
X
X
0.002
4,967
94,373
X
X
X
0.029
4,967
94,373
X
X
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
(b) PD Initiated Petitioners-5 Year Age Bins
PD Initiated Petitioner
(1)
Any Wages>$0
0.001
(0.015)
(2)
...>$15,000
0.002
(0.012)
PD Initiated Petitioner × 1 Felony
(3)
...>$0
0.001
(0.015)
-0.007
(0.026)
PD Initiated Petitioner × Years Since Crime
Dep. Mean (-1)
N
NxT
Age Controls
Indiv. FE
Year FE
0.338
4,967
94,373
X
X
X
0.195
4,967
94,373
X
X
X
0.338
4,967
94,373
X
X
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
Notes: This table replicates specifications in Table 4 with either no age controls or with age controlled using
5-year bins instead of the quintic in age included in the benchmark specification.
56
Table A.5: IV Estimates Using Letter-Specific Surge
Post Reduction
Post Surge
(1)
Any Wages>$0
0.025*
(0.012)
(2)
Post Reduction
(3)
Any Wages>$0
0.379***
(0.012)
0.012
(0.016)
KP Fstat
Age Controls
X
X
Indiv. FE
X
X
Year FE
X
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
X
X
X
(4)
Any Wages>$0
0.031
(0.041)
1253.993
X
X
X
Notes: This presents IV estimates for the pooled San Joaquin sample where the Post-Reduction indicator
(treatment) is instrumented with an indicator of whether the current year is during or after the year of the
initial surge of petitions filed by the Public Defender’s office for individuals with the same last name. Column
1 presents OLS estimates as in 4 estimated on the sample with valid surge indicators, Column 2 presetns the
first stage estimates, Column 3 presents reduced-form effects of the surge indicator, and Column 4 presents
IV estimates.
57
Table A.6: Impacts of Proposition 47: Additional Outcomes
(a) Likely Self-Initiated Petitioner
(1)
(2)
(3)
Any Wages>$0 ...>$7,500 ...>$15,000
Treated
0.0344
0.0331
0.0185
(0.0364)
(0.0320)
(0.0293)
Dep. Mean (-1)
0.334
0.217
0.160
N
655
655
655
NxT
12,445
12,445
12,445
Age Controls
X
X
X
Indiv. FE
X
X
X
Year FE
X
X
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
(4)
Wages
-295.1
(1148.5)
6815.554
655
12,445
X
X
X
(5)
Any Gig
-0.00375
(0.00629)
0.005
655
12,445
X
X
X
(6)
Any Other 1099
0.00792
(0.0106)
0.021
655
12,445
X
X
X
(7)
Files 1040
0.00708
(0.0352)
0.299
655
12,445
X
X
X
(8)
Files SE
0.0194
(0.0134)
0.031
655
12,445
X
X
X
58
Notes: This table reports coefficients on a “treated” reduction indicator following Equation 4, for only those identified as likely self-petitioners, for
a variety of outcomes.
(b) PD Initiated Petitioner
(1)
(2)
(3)
Any Wages>$0 ...>$7,500 ...>$15,000
Treated
0.00270
-0.00395
0.00234
(0.0145)
(0.0128)
(0.0119)
Dep. Mean (-1)
0.338
0.243
0.195
N
4,967
4,967
4,967
NxT
94,373
94,373
94,373
Age Controls
X
X
X
Indiv. FE
X
X
X
Year FE
X
X
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
(4)
Wages
795.7
(535.7)
8460.821
4,967
94,373
X
X
X
(5)
Any Gig
0.00380*
(0.00167)
0.002
4,967
94,373
X
X
X
(6)
Any Other 1099
0.00117
(0.00653)
0.038
4,967
94,373
X
X
X
(7)
Files 1040
-0.0133
(0.0142)
0.304
4,967
94,373
X
X
X
(8)
Files SE
0.00270
(0.00586)
0.029
4,967
94,373
X
X
X
Notes: This table reports coefficients on a “treated” reduction indicator following Equation 4, for only those that received proactive reductions, for
a variety of outcomes.
59
(c) PD Initiated Petitioner-By Years Since Conviction
(2)
...>$7,500
0.050*
(0.022)
(3)
...>$15,000
0.052**
(0.020)
(4)
Wages
617.516
(939.489)
(5)
Any Gig
-0.000
(0.003)
(6)
Any Other 1099
0.008
(0.012)
(7)
Files 1040
0.002
(0.025)
(8)
Files SE
0.012
(0.010)
-0.004**
-0.005***
(0.001)
(0.001)
Dep. Mean (-1)
0.335
0.243
N
4,336
4,336
NxT
82,384
82,384
Age Controls
X
X
Indiv. FE
X
X
Year FE
X
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
-0.005***
(0.001)
0.196
4,336
82,384
X
X
X
-40.145
(48.801)
8470.711
4,336
82,384
X
X
X
0.000
(0.000)
0.002
4,336
82,384
X
X
X
-0.001
(0.001)
0.039
4,336
82,384
X
X
X
-0.002
(0.001)
0.303
4,336
82,384
X
X
X
-0.000
(0.001)
0.028
4,336
82,384
X
X
X
Treated
Treated × Years Since Crime
(1)
Any Wages>$0
0.054*
(0.026)
60
Notes: This table presents differential impacts for individuals who received proactive Proposition 47 reductions based on years since original conviction
for a variety of outcomes.
(d) PD Initiated Petitioner-< 7 Years Indicator
Treated
< 7 Years × Treated
(1)
Any Wages>$0
0.002
(0.014)
(2)
...>$7,500
-0.006
(0.013)
0.014
0.023
(0.027)
(0.024)
Dep. Mean (-1)
0.338
0.243
N
4,967
4,967
NxT
94,373
94,373
Age Controls
X
X
Indiv. FE
X
X
Year FE
X
X
Standard errors clustered on individual in parentheses
ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
(3)
...>$15,000
0.002
(0.012)
(4)
Wages
820.429
(535.615)
(5)
Any Gig
0.004*
0.002
(6)
Any Other 1099
0.001
(0.007)
(7)
Files 1040
-0.012
(0.014)
(8)
Files SE
0.003
(0.006)
0.004
(0.021)
0.195
4,967
94,373
X
X
X
-330.894
(972.513)
8460.821
4,967
94,373
X
X
X
-0.003
(0.003)
0.002
4,967
94,373
X
X
X
-0.002
(0.012)
0.038
4,967
94,373
X
X
X
-0.021
(0.026)
0.304
4,967
94,373
X
X
X
0.000
(0.012)
0.029
4,967
94,373
X
X
X
61
Notes: This table presents differential impacts for individuals who received proactive Proposition 47 reductions. An indicator is included for being
< 7 years from the charge.
Table A.7: Notification Analysis Balance Table
(1)
(2)
(5)
(6)
Difference (p-value)
1 Felony
All Others
-0.018
-0.019
(0.665)
(0.066)
Outcomes in 2018:
Age
49.70
49.07
49.46
49.08
Any Wages
0.364
0.332
0.382
0.330
Wages>$15k
0.223
0.197
0.231
0.185
Any SE Income
0.056
0.021
0.022
0.028
10,322.01
8,710.60
9,810.20
8,592.98
0.233
(0.820)
-0.018
(0.683)
-0.008
(0.832)
0.034
(0.051)
511.81
(0.769)
269
3,486
225
3,175
62
Male
Notified
1 Felony
All Others
0.669
0.742
(3)
(4)
Not Notified
1 Felony
All Others
0.688
0.762
Wages
Total Obs
Note: This table reports balance tests for the notified and no notified groups.
–0.005
(0.984)
0.002
(0.896)
0.012
(0.228)
-0.007
(0.074)
117.62
(0.798)
Table A.8: Notification Analysis, Additional Employment Outcomes
(a) 2019 Outcomes
(1)
Any Wages>$0
0.0110
(0.0116)
(2)
...>$7,500
0.00248
(0.0105)
(3)
...>$15,000
0.00669
(0.00966)
(4)
Any Gig
0.00130
(0.00179)
(5)
Any Other 1099
0.000384
(0.00357)
(6)
Files 1040
0.00186
(0.0123)
(7)
Files SE
-0.00855*
(0.00377)
Notified × 1 Felony
-0.0460
(0.0453)
0.000128
(0.0428)
0.0284
(0.0406)
-0.00203
(0.00605)
-0.00846
(0.0140)
-0.0475
(0.0468)
0.0176
(0.0180)
1 Felony
0.0623ª
(0.0337)
0.0632*
(0.0315)
0.0513ª
(0.0293)
-0.000280
(0.00460)
0.00525
(0.0110)
0.0256
(0.0344)
0.00721
(0.0127)
Constant
0.333***
(0.00837)
7155
0.239***
(0.00757)
7155
0.189***
(0.00695)
7155
0.00472***
(0.00122)
7155
0.0214***
(0.00257)
7155
0.503***
(0.00888)
7155
0.0283***
(0.00295)
7155
Notified
N
63
(b) 2020 Outcomes
(1)
Any Wages>$0
-0.00433
(0.0114)
(2)
...>$7,500
0.00834
(0.0104)
(3)
...>$15,000
0.00884
(0.00965)
(4)
Any Gig
-0.00144
(0.00233)
(5)
Any Other 1099
0.00247
(0.00331)
(6)
Files 1040
-0.00255
(0.0117)
(7)
Files SE
-0.00202
(0.00382)
Notified × 1 Felony
-0.0121
(0.0450)
-0.00137
(0.0418)
-0.0132
(0.0392)
-0.00300
(0.00501)
-0.00311
(0.0149)
-0.0176
(0.0450)
0.00137
(0.0150)
1 Felony
0.0514
(0.0333)
0.0475
(0.0307)
0.0440
(0.0290)
-0.00532
(0.00477)
0.00934
(0.0110)
0.0168
(0.0334)
0.000840
(0.0111)
Constant
0.322***
(0.00829)
7155
0.228***
(0.00745)
7155
0.187***
(0.00692)
7155
0.00976***
(0.00175)
7155
0.0173***
(0.00232)
7155
0.357***
(0.00850)
7155
0.0258***
(0.00282)
7155
Notified
N
Note: This table reports additional employment outcomes for the effect of notification. We separately report outcomes in 2019 and 2020.
Table A.9: Notification Experiment: ITT v IV estimates, 2020
Notified
Notified × 1 Felony
(1)
Any Wages>$0
-0.00433
(0.0114)
(2)
>$0
-0.0121
(0.0450)
(3)
...>$15,000
0.00884
(0.00965)
(4)
...>$15,000
-0.0132
(0.0392)
Success
-0.0151
(0.0400)
0.0308
(0.0336)
Success × 1 Felony
-0.0551
(0.191)
-0.0494
(0.166)
1 Felony
0.0514
(0.0333)
0.0514
(0.0333)
0.0440
(0.0290)
0.0440
(0.0289)
Constant
0.322***
(0.00829)
7155
OLS
0.322***
(0.00829)
7155
IV
41.110
0.187***
(0.00692)
7155
OLS
0.187***
(0.00692)
7155
IV
41.110
N
OLS/IV
KP F-stat
Note: This table reports IV estimates of the effects of successful notifications on 2020 outcomes, using
sent notifications (used to estimate ITT effects in Table A.8a) as an instrument for successful contact with
individuals.
64
Figure A.5: FCRA Event Study of Any Wages >$15,000 Around Removal (Year 7)
Note: MD has State FCRA for Convictions
Percentage Points, Relative to +5
(a) Felony Non-Convictions, no other convictions
(b) Mis. Non-Convictions, no other convictions
.05
.05
.025
.025
0
0
-.025
-.025
-.05
4
5
6
7
8
Years since FCRA criminal history event
Bexar, TX
MD
9
-.05
4
Bexar, TX
Bexar, TX: N= 10,217, NxT= 202,127, Dep. Mean in +5: 0.450
MD: N= 14,359, NxT= 276,553, Dep. Mean in +5: 0.389
NJ: N= 15,976, NxT= 317,267, Dep. Mean in +5: 0.353
9
MD
Bexar, TX: N= 68,694, NxT=1,345,682, Dep. Mean in +5: 0.514
MD: N= 90,519, NxT=1,722,568, Dep. Mean in +5: 0.503
(c) Felony Convictions
(d) Misdemeanor Convictions
65
Percentage Points, Relative to +5
5
6
7
8
Years since FCRA criminal history event
NJ
.05
.05
.025
.025
0
0
-.025
-.025
-.05
4
5
6
7
8
Years since FCRA criminal history event
Bexar, TX
MD
PA
Bexar, TX: N= 28,786, NxT= 576,704, Dep. Mean in +5: 0.270
MD: N= 23,719, NxT= 473,663, Dep. Mean in +5: 0.275
PA: N= 35,163, NxT= 676,163, Dep. Mean in +5: 0.249
NJ: N= 194,068, NxT=3,894,497, Dep. Mean in +5: 0.286
NJ
9
-.05
4
5
6
7
8
Years since FCRA criminal history event
Bexar, TX
MD
9
PA
Bexar, TX: N= 68,336, NxT=1,362,099, Dep. Mean in +5: 0.427
MD: N= 86,508, NxT=1,733,092, Dep. Mean in +5: 0.373
PA: N= 106,080, NxT=2,073,847, Dep. Mean in +5: 0.403
Notes: Each panel plots selected event study coefficients for the share with any wages > $15,000 around 7 years after the event, following specification
2 in the text. Timing from the event is based on the charge date for non-convictions and disposition date for convictions. Coefficients are relative to
+5 periods after the event (2 years prior to the year 7 FCRA event, if applicable). We run separate event studies for each state in each panel. Data
from 2000-2020. The sample is restricted to events occurring between 1996-2011 to ensure the regression is balanced in the event window.
Figure A.6: FCRA Event Study of Any Wages Around Removal (Year 7) occurring between 2015-2018
Note: MD has State FCRA for Convictions
(a) Felony Non-Convictions, no other convictions
(b) Mis. Non-Convictions, no other convictions
Percentage Points, Relative to +5
.05
.05
.025
.025
0
0
-.025
-.025
-.05
4
5
6
7
8
Years since FCRA criminal history event
MD
9
-.05
4
5
6
7
8
Years since FCRA criminal history event
NJ
9
MD
MD: N= 4,981, NxT= 44,818, Dep. Mean in +5: 0.640
NJ: N= 4,492, NxT= 40,425, Dep. Mean in +5: 0.618
MD: N= 35,229, NxT= 317,056, Dep. Mean in +5: 0.727
66
(c) Felony Convictions
(d) Misdemeanor Convictions
Percentage Points, Relative to +5
.05
.05
.025
.025
0
0
-.025
-.025
-.05
4
5
6
7
8
Years since FCRA criminal history event
MD
PA
MD: N= 7,319, NxT= 65,708, Dep. Mean in +5: 0.417
PA: N= 35,146, NxT= 315,608, Dep. Mean in +5: 0.483
NJ: N= 55,341, NxT= 496,820, Dep. Mean in +5: 0.517
NJ
9
-.05
4
5
6
7
8
Years since FCRA criminal history event
MD
9
PA
MD: N= 27,562, NxT= 247,060, Dep. Mean in +5: 0.534
PA: N= 106,043, NxT= 951,429, Dep. Mean in +5: 0.618
Notes: For this figure, the sample is restricted to events occurring between 2008-2011 (removal (Year 7) occurring between 2015-2018).
Figure A.7: FCRA Event Study of Any Wages Around Removal (Year 7), By Race
(b) Convictions in PA, and TX
.02
Any Wage/Salary Employment, Relative to +5
Any Wage/Salary Employment, Relative to +5
(a) Non-Convictions
.01
0
-.01
-.02
4
5
6
7
8
Years Since Last Criminal History Event
Black
.02
.01
0
-.01
-.02
4
9
5
6
7
8
Years Since Last Criminal History Event
Black
All Others
9
All Others
Black: N= 44,539, NxT= 870,174, Dep. Mean in +5: 0.531
All Others: N= 193,809, NxT=3,818,639, Dep. Mean in +5: 0.602
Black: N= 61,732, NxT=1,179,893, Dep. Mean in +5: 0.750
All Others: N= 122,034, NxT=2,367,037, Dep. Mean in +5: 0.735
Any Wage/Salary Employment, Relative to +5
(c) Convictions in MD
.02
.01
0
-.01
-.02
4
5
6
7
8
Years Since Last Criminal History Event
Black
9
All Others
Black: N= 58,136, NxT=1,164,786, Dep. Mean in +5: 0.532
All Others: N= 52,091, NxT=1,041,969, Dep. Mean in +5: 0.562
Notes: Race data is available in public court records in Bexar County, Texas, Maryland, and Pennsylvania.
Each panel plots selected event study coefficients for the share with any wages around 7 years after the event,
following specification 2 in the text. Timing from the event is based on the charge date for non-convictions
and disposition date for convictions. Coefficients are relative to +5 periods after the event (2 years prior to
the year 7 FCRA event, if applicable). We run separate event studies for each state in each panel. Data
from 2000-2020. The sample is restricted to events occurring between 1996-2011 to ensure the regression is
balanced in the event window. We run separate event studies for Black individuals and all other races.
67
Figure A.8: FCRA Event Study of Any Wages Around Removal (Year 7), By Gender
(b) Convictions in PA, NJ and TX
.02
Any Wage/Salary Employment, Relative to +5
Any Wage/Salary Employment, Relative to +5
(a) Non-Convictions
.01
0
-.01
-.02
4
5
6
7
8
Years Since Last Criminal History Event
Men
.02
.01
0
-.01
-.02
4
9
5
6
7
8
Years Since Last Criminal History Event
Men
Women
9
Women
Men: N= 335,832, NxT=6,694,948, Dep. Mean in +5: 0.566
Women: N= 94,799, NxT=1,895,563, Dep. Mean in +5: 0.586
Men: N= 128,181, NxT=2,483,506, Dep. Mean in +5: 0.725
Women: N= 71,518, NxT=1,380,523, Dep. Mean in +5: 0.742
Any Wage/Salary Employment, Relative to +5
(c) Convictions in MD
.02
.01
0
-.01
-.02
4
5
6
7
8
Years Since Last Criminal History Event
Men
9
Women
Men: N= 85,842, NxT=1,716,545, Dep. Mean in +5: 0.542
Women: N= 24,383, NxT= 490,168, Dep. Mean in +5: 0.563
Notes: Each panel plots selected event study coefficients for the share with any wages around 7 years after
the event, following specification 2 in the text. Timing from the event is based on the charge date for
non-convictions and disposition date for convictions. Coefficients are relative to +5 periods after the event
(2 years prior to the year 7 FCRA event, if applicable). We run separate event studies for each state in
each panel. Data from 2000-2020. The sample is restricted to events occurring between 1996-2011 to ensure
the regression is balanced in the event window. We run separate event studies for men and women (gender
based on SSA records).
68
Figure A.9: FCRA Event Study of Any Wages Around Removal (Year 7), By Age
(b) Convictions in PA, NJ and TX
.02
.01
0
-.01
-.02
4
5
6
7
8
Years Since Last Criminal History Event
9
Any Wage/Salary Employment, Relative to +5
Any Wage/Salary Employment, Relative to +5
(a) Non-Convictions
.02
.01
0
-.01
-.02
4
5
6
7
8
Years Since Last Criminal History Event
9
Age at FCRA event:
Under 30
30 and older
Age at FCRA event:
Under 30
30 and older
Under 30: N= 149,561, NxT=2,771,520, Dep. Mean in +5: 0.647
30 and older: N= 222,869, NxT=4,655,608, Dep. Mean in +5: 0.502
Under 30: N= 127,107, NxT=2,339,339, Dep. Mean in +5: 0.749
30 and older: N= 43,072, NxT= 904,764, Dep. Mean in +5: 0.649
Any Wage/Salary Employment, Relative to +5
(c) Convictions in MD
.02
.01
0
-.01
-.02
4
5
6
7
8
Years Since Last Criminal History Event
9
Age at FCRA event:
Under 30
30 and older
Under 30: N= 32,872, NxT= 627,473, Dep. Mean in +5: 0.615
30 and older: N= 56,419, NxT=1,161,493, Dep. Mean in +5: 0.476
Notes: Each panel plots selected event study coefficients for the share with any wages around 7 years after
the event, following specification 2 in the text. Timing from the event is based on the charge date for nonconvictions and disposition date for convictions. Coefficients are relative to +5 periods after the event (2
years prior to the year 7 FCRA event, if applicable). We run separate event studies for each state in each
panel. Data from 2000-2020. The sample is restricted to events occurring between 1996-2011 to ensure the
regression is balanced in the event window. We run separate event studies for individuals under 30 and for
individuals 40 and over.
69
Figure A.10: FCRA Event Study of Any Wages Around Removal (Year 7), by Firm Size
(b) Convictions in PA, NJ and TX
.02
Any Wage/Salary Employment, Relative to +5
Any Wage/Salary Employment, Relative to +5
(a) Non-Convictions
.01
0
-.01
-.02
4
5
6
7
8
Years Since Last Criminal History Event
9
.02
.01
0
-.01
-.02
4
5
6
7
8
Years Since Last Criminal History Event
9
Large Firm with 10,000 or more workers
Small firm with <100 workers
Large Firm with 10,000 or more workers
Small firm with <100 workers
Dep. Mean in +5: Large: 0.120 Small: 0.192
Dep. Mean in +5: Large: 0.223 Small: 0.186
Any Wage/Salary Employment, Relative to +5
(c) Convictions in MD
.02
.01
0
-.01
-.02
4
5
6
7
8
Years Since Last Criminal History Event
9
Large Firm with 10,000 or more workers
Small firm with <100 workers
Dep. Mean in +5: Large: 0.132 Small: 0.177
Notes: Each panel plots selected event study coefficients for the share with any wages from a large or small
firm around 7 years after the event, following specification 2 in the text. Timing from the event is based
on the charge date for non-convictions and disposition date for convictions. Coefficients are relative to +5
periods after the event (2 years prior to the year 7 FCRA event, if applicable). We run separate event studies
for each state in each panel. Data from 2000-2020. The sample is restricted to events occurring between
1996-2011 to ensure the regression is balanced in the event window.
70
Figure A.11: Event Study of Any Wages Around First Event, By 2-digit NAICS Industry
(a) Non-Convictions
% Change
Time 0
5
0
-5
-10
71: Arts/Entertainment
72: Accomodations/Food
81: Other Services
71: Arts/Entertainment
72: Accomodations/Food
81: Other Services
62: Health Care
61: Education
56: Temp Agencies
54: Professional Service
53: Real Estate
52: Finance/Insurance
48-49: Transport/Warehouse
44-45: Retail
42: Wholesale
31-33: Manufacturing
23: Construction
11: Agriculture
0: Unknown
-15
2-digit NAICS
Dep. Mean in -2: 0: 0.08, 11: 0.00, 23: 0.05, 31: 0.03, 42: 0.02, 44: 0.12, 48: 0.02, 52: 0.02
53: 0.02, 54: 0.05, 56: 0.09, 61: 0.01, 62: 0.06, 71: 0.01, 72: 0.10, 81: 0.03
(b) Convictions
% Change
Time 0
10
0
-10
-20
62: Health Care
61: Education
56: Temp Agencies
54: Professional Service
53: Real Estate
52: Finance/Insurance
48-49: Transport/Warehouse
44-45: Retail
42: Wholesale
31-33: Manufacturing
23: Construction
11: Agriculture
0: Unknown
-30
2-digit NAICS
Dep. Mean in -2: 0: 0.06, 11: 0.00, 23: 0.05, 31: 0.04, 42: 0.02, 44: 0.12, 48: 0.03, 52: 0.01
53: 0.02, 54: 0.04, 56: 0.10, 61: 0.01, 62: 0.04, 71: 0.01, 72: 0.11, 81: 0.03
Figure reports event study estimates in the year of someone’s first criminal history event of a W-2 issued
by a payer firm in the specified 2-digit NAICS code based on the firms’ tax return in that year. For this
analysis, we restrict the full sample to have been 18 by the time the first charge appears in the data for both
non-convictions and conviction. Data from 2000-2020. The sample is restricted to events occurring between
2003-2018. We run separate event studies by industry around the criminal history event, and divide by the
mean share in the in the industry in -2 and multiply by 100 to convert to a percent change.
71
Figure A.12: Event Study of Any Wages Around Last Criminal History Event, By 2-digit
NAICS Industry
(a) Non-Convictions
% Change
Time 0
0.2
0.1
0.0
-0.1
81: Other Services
72: Accomodations/Food
71: Arts/Entertainment
62: Health Care
61: Education
56: Temp Agencies
54: Professional Service
53: Real Estate
52: Finance/Insurance
48-49: Transport/Warehouse
44-45: Retail
42: Wholesale
31-33: Manufacturing
23: Construction
11: Agriculture
0: Unknown
-0.2
2-digit NAICS
Dep. Mean in -2: 0: 0.09, 11: 0.00, 23: 0.05, 31: 0.04, 42: 0.02, 44: 0.12, 48: 0.02, 52: 0.02
53: 0.02, 54: 0.05, 56: 0.08, 61: 0.01, 62: 0.06, 71: 0.01, 72: 0.10, 81: 0.03
(b) Convictions
% Change
Time 0
0.05
0.00
-0.05
-0.10
-0.15
81: Other Services
72: Accomodations/Food
71: Arts/Entertainment
62: Health Care
61: Education
56: Temp Agencies
54: Professional Service
53: Real Estate
52: Finance/Insurance
48-49: Transport/Warehouse
44-45: Retail
42: Wholesale
31-33: Manufacturing
23: Construction
11: Agriculture
0: Unknown
-0.20
2-digit NAICS
Dep. Mean in -2: 0: 0.05, 11: 0.00, 23: 0.07, 31: 0.06, 42: 0.02, 44: 0.08, 48: 0.02, 52: 0.01
53: 0.02, 54: 0.04, 56: 0.09, 61: 0.01, 62: 0.03, 71: 0.01, 72: 0.07, 81: 0.03
Notes: Figure reports event study estimates at time 0 of W-2 issued by a payer firm in the specified 2-digit
NAICS code based on the firms’ tax return in that year. We run separate event studies by industry around
the criminal history event, and divide by the mean share in the in the industry in -2 to convert to percent.
72
Figure A.13: FCRA Event Study of Any Wages Around Removal (Year 7), Deviation from
Trend, By 2-digit NAICS Industry
(b) Convictions in PA, NJ and TX
81: Other Services
71: Arts/Entertainment
72: Accomodations/Food
61: Education
62: Health Care
56: Temp Agencies
53: Real Estate
54: Professional Service
52: Finance/Insurance
44-45: Retail
48-49: Transport/Warehouse
42: Wholesale
0: Unknown
23: Construction
-.01
81: Other Services
72: Accomodations/Food
71: Arts/Entertainment
61: Education
62: Health Care
56: Temp Agencies
53: Real Estate
54: Professional Service
52: Finance/Insurance
44-45: Retail
48-49: Transport/Warehouse
42: Wholesale
31-33: Manufacturing
11: Agriculture
23: Construction
-.01
0
31-33: Manufacturing
0
.01
11: Agriculture
Deviation from Trend
.01
0: Unknown
Deviation from Trend
(a) Non-Convictions
2-digit NAICS
2-digit NAICS
Dep. Mean in 5 0: 0.04, 11: 0.00, 23: 0.06, 31: 0.06, 42: 0.02, 44: 0.06, 48: 0.02, 52: 0.01
53: 0.01, 54: 0.04, 56: 0.08, 61: 0.01, 62: 0.03, 71: 0.01, 72: 0.07, 81: 0.03
Dep. Mean in 5 0: 0.08, 11: 0.00, 23: 0.05, 31: 0.04, 42: 0.02, 44: 0.09, 48: 0.02, 52: 0.02
53: 0.02, 54: 0.06, 56: 0.08, 61: 0.01, 62: 0.06, 71: 0.01, 72: 0.08, 81: 0.03
.01
0
81: Other Services
72: Accomodations/Food
62: Health Care
71: Arts/Entertainment
61: Education
56: Temp Agencies
54: Professional Service
53: Real Estate
52: Finance/Insurance
44-45: Retail
48-49: Transport/Warehouse
42: Wholesale
23: Construction
31-33: Manufacturing
11: Agriculture
-.01
0: Unknown
Deviation from Trend
(c) Convictions in MD
2-digit NAICS
Dep. Mean in 5 0: 0.04, 11: 0.00, 23: 0.07, 31: 0.04, 42: 0.02, 44: 0.06, 48: 0.02, 52: 0.01
53: 0.02, 54: 0.04, 56: 0.06, 61: 0.01, 62: 0.04, 71: 0.01, 72: 0.06, 81: 0.03
Notes: Figure reports results from a test of whether the event study coefficients 7 years after the last charge
are different from a linear trend. Specifically, figure reports 2 × β+4 + β+7 .
73
Figure A.14: FCRA Event Study of Any Wages Around Removal (Year 7), Deviation from
Trend, By Crime-Type of Last Conviction
(a) Non-Convictions
(b) Convictions in PA, NJ and TX
.02
.01
Deviation from Trend
0
-.01
-.02
-.03
-.04
.01
0
-.01
-.02
-.03
Other
Property/White Collar
Drug
Traffic/DWI
Other
Property/White Collar
Drug
Traffic/DWI
Violent
-.04
Violent
Deviation from Trend
.02
Crime Type for Last Charge
Crime Type for Last Charge
Dep. Mean in 5 Violent: 0.52, Traffic: 0.63, Drug: 0.55, Property: 0.53, Other: 0.53
Dep. Mean in 5 Violent: 0.71, Traffic: 0.75, Drug: 0.72, Property: 0.71, Other: 0.71
(c) Convictions in MD
Deviation from Trend
.02
.01
0
-.01
-.02
-.03
Other
Property/White Collar
Drug
Traffic/DWI
Violent
-.04
Crime Type for Last Charge
Dep. Mean in 5 Violent: 0.48, Traffic: 0.55, Drug: 0.50, Property: 0.49, Other: 0.50
Notes: Figure reports results from a test of whether the event study coefficients 7 years after the last charge
are different from a linear trend. Specifically, figure reports 2 × β+4 + β+7 .
74
Figure A.15: Robustness to Alternative DD-Estimators: San Joaquin Analysis
(a) Pooled
(b) Likely Self-Petitioners
.2
.2
.16
.16
.12
.12
.08
.08
.04
.04
0
0
-.04
-.04
-.08
-.08
-.12
-.12
-.16
-.16
-.2
-.2
-5
-4
-3
-2
-1
0
Years Since Last Criminal History Event
Baseline
1
-5
-4
-3
-2
-1
0
Years Since Last Criminal History Event
Sun-Abraham
Baseline
N= 5,622, NxT=106,818, Dep. Mean in -1: 0.338
1
Sun-Abraham
N= 655, NxT= 12,445, Dep. Mean in -1: 0.334
(c) Proactive Reductions
.2
.16
.12
.08
.04
0
-.04
-.08
-.12
-.16
-.2
-5
-4
-3
-2
-1
0
Years Since Last Criminal History Event
Baseline
1
Sun-Abraham
N= 4,967, NxT= 94,373, Dep. Mean in -1: 0.338
Notes: Figure shows event-study coefficients for having any wage employment around Proposition 47 felony
reductions in San Joaquin County, CA. We report our baseline estimates alongside event-study coefficients
using the estimator proposed by Sun-Abraham (2020). The error bars report ninety percent confidence
intervals.
75
Figure A.16: Robustness to Alternative DD-Estimators: FCRA Event Study of Any Wages Around Removal (Year 7)
Note: MD has State FCRA for Convictions
Percentage Points, Relative to +5
(a) Felony Non-Convictions, no other convictions
(b) Mis. Non-Convictions, no other convictions
.05
.05
.025
.025
0
0
-.025
-.025
-.05
-.05
4
5
6
7
8
Years since FCRA criminal history event
Bexar, TX
MD
9
4
5
NJ
Bexar, TX
(c) Felony Convictions
8
9
MD
(d) Mis. Convictions
76
.05
Percentage Points, Relative to +5
6
7
Years since FCRA criminal history event
.05
.025
.025
0
0
-.025
-.025
-.05
-.05
4
5
6
7
8
Years since FCRA criminal history event
Bexar, TX
MD
PA
NJ
9
4
5
6
7
8
Years since FCRA criminal history event
Bexar, TX
MD
9
PA
Notes: Each panel plots selected event study coefficients for the share with any wages > $0 around 7 years after the event, from event-study estimation
following Sun and Abraham (2020). Year 7 events occurring in 2021 are used as the last treated group. Timing from the event is based on the charge
date for non-convictions and disposition date for convictions. Coefficients are relative to +5 periods after the event (2 years prior to the year 7 FCRA
event, if applicable). We run separate event studies for each state in each panel. Data from 2000-2020. The sample is restricted to events occurring
between 1996-2014.
Figure A.17: CA Prop 47 Reductions in SJ County: Effect of Notifications
Any Wages > $0
(a) Levels
(b) Differences
.36
0.04
0.02
.34
0.00
.32
-0.02
.3
-0.04
.28
-0.06
2014
2015
2016
2017
Control
2018
2019
2020
2021
2014
2015
2016
Treated
2017
2018
Placebo
Treated
2019
2020
2021
2019
2020
2021
Any Wages > $15,000
(c) Levels
(d) Differences
.21
0.04
0.02
.19
0.00
.17
-0.02
.15
-0.04
.13
-0.06
2014
2015
2016
2017
Control
2018
2019
2020
2021
2014
Treated
2015
2016
2017
2018
Placebo
Treated
Notes: The treatment group are those who the PD’s office attempted to notify about their reduction
(N=3,755), control received no attempted notification (N=3,400). Figures (a) and (c) show raw probability of wages > $0 and wages > $15, 000 for treatment (attempted notification) and control groups for each
year. Figures (b) and (d) show ITT regression coefficients of the effect of notification from Equation ?? in
the text run separately for each year. Notifications took place in 2019 and 2020, the dashed red line indicates
the end of the pre-period, before any notifications took place.
77
Figure A.18: Impact of PA Clean Slate Reductions on Employment Outcomes
Any Wages > $0
(a) Raw Data
(b) Event-Study Estimates
.84
.04
.03
.82
.02
.8
.01
.78
0
-.01
.76
-.02
.74
2016
2017
2018
2019
2020
2021
-.03
-.04
Treated in 2019
Untreated in 2019 due to Fines/Fees
2016
2017
2018
2019
2020
2021
2020
2021
Any Wages > $15,000
(c) Raw Data
(d) Event-Study Estimates
.55
.04
.03
.5
.02
.01
.45
0
.4
-.01
-.02
.35
2016
2017
2018
2019
2020
2021
-.03
-.04
Treated in 2019
Untreated in 2019 due to Fines/Fees
2016
2017
2018
2019
Notes: Figure reports raw means and event-study estimates for those who had their non-convictions cleared
by PA’s Clean Slate law by 2020, compared with those who did not. Data from 2016-2021. Sample is
restricted to ages 18-25 to ensure they had no other prior convictions by the start of our charge data, which
begins in 2008.
78
79
Table A.10: Impact of PA Clean Slate Reductions on Employment Outcomes - Excluding Philadelphia
(a) DD Estimates
(1)
Any Wages>$0
0.00448
(0.00338)
(2)
...>$7,500
-0.00285
(0.00419)
(3)
...>$15,000
0.00244
(0.00427)
(4)
Any Gig
-0.000251
(0.00151)
(5)
Any Other 1099
0.000949
(0.00236)
(6)
Files 1040
-0.00115
(0.00415)
(7)
Files SE
-0.00264
(0.00224)
2017 × Cleared
-0.00251
(0.00353)
-0.00210
(0.00445)
0.0101*
(0.00441)
-0.00179
(0.00121)
-0.00551*
(0.00259)
-0.00593
(0.00422)
-0.00589*
(0.00233)
2016 × Cleared
0.000720
(0.00418)
0.824
38,268
229,872
X
X
X
-0.00159
(0.00524)
0.638
38,268
229,872
X
X
X
0.00477
(0.00514)
0.498
38,268
229,872
X
X
X
0.00146
(0.00127)
0.009
38,268
229,872
X
X
X
-0.00402
(0.00288)
0.055
38,268
229,872
X
X
X
-0.00361
(0.00484)
0.739
38,268
229,872
X
X
X
-0.00253
(0.00254)
0.050
38,268
229,872
X
X
X
Post (2019-2021) × Cleared
Dep. Mean (2018)
N
NxT
Age Controls
Indiv. FE
Year FE
(b) By months since charge
80
(1)
Any Wages>$0
0.00282
(0.00804)
(2)
...>$7,500
-0.00349
(0.0102)
(3)
...>$15,000
-0.00873
(0.0101)
(4)
Any Gig
0.00397
(0.00362)
(5)
Any Other 1099
-0.000909
(0.00489)
(6)
Files 1040
0.00232
(0.00957)
(7)
Files SE
-0.000211
(0.00471)
-0.00000208
(0.000125)
0.0000133
(0.000154)
0.000218
(0.000154)
-0.0000752
(0.0000560)
0.0000358
(0.0000778)
-0.0000575
(0.000146)
-0.0000465
(0.0000771)
0.000334**
(0.000111)
-0.0000298
(0.000137)
-0.000357**
(0.000137)
0.0000541
(0.0000500)
-0.0000538
(0.0000708)
-0.00000542
(0.000132)
0.0000666
(0.0000691)
2017 × Cleared
-0.00305
(0.00353)
-0.00206
(0.00445)
0.0105*
(0.00442)
-0.00179
(0.00122)
-0.00546*
(0.00259)
-0.00586
(0.00422)
-0.00595*
(0.00234)
2016 × Cleared
-0.000344
(0.00418)
-0.00152
(0.00524)
0.00546
(0.00515)
0.00144
(0.00128)
-0.00392
(0.00288)
-0.00347
(0.00485)
-0.00265
(0.00254)
Post (2019-2021) × Cleared
Post (2019-2021) × Cleared
× Months since charge
Post (2019-2021)
× Months since charge
Notes: Table reports difference-in-differences results comparing outcomes for individuals who had all their non-convictions cleared by PA’s Clean Slate law by 2020, compared
with those who did not. Data from 2016-2021. Sample is restricted to ages 18-25 to ensure they had no other prior convictions by the start of our charge data, which begins in
2008. Standard errors clustered on individual are reported in parentheses. ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
Table A.11: Impact of PA Clean Slate Reductions on Employment Outcomes - Black Individuals
(a) DD Estimates
(1)
Any Wages>$0
0.00464
(0.00615)
(2)
...>$7,500
0.00672
(0.00803)
(3)
...>$15,000
0.00656
(0.00782)
(4)
Any Gig
0.00147
(0.00357)
(5)
Any Other 1099
-0.000635
(0.00414)
(6)
Files 1040
0.0137ª
(0.00832)
(7)
Files SE
-0.00539
(0.00411)
2017 × Cleared
-0.00914
(0.00621)
0.00222
(0.00848)
0.0181*
(0.00796)
-0.000928
(0.00306)
-0.00922*
(0.00454)
-0.0182*
(0.00849)
-0.00520
(0.00422)
2016 × Cleared
0.00269
(0.00757)
0.813
13,889
83,538
X
X
X
0.00317
(0.00957)
0.569
13,889
83,538
X
X
X
0.00925
(0.00910)
0.409
13,889
83,538
X
X
X
0.00493
(0.00319)
0.019
13,889
83,538
X
X
X
-0.00429
(0.00499)
0.049
13,889
83,538
X
X
X
-0.0110
(0.00945)
0.645
13,889
83,538
X
X
X
-0.00241
(0.00456)
0.053
13,889
83,538
X
X
X
Post (2019-2021) × Cleared
Dep. Mean (2018)
N
NxT
Age Controls
Indiv. FE
Year FE
(b) By months since charge
81
(1)
Any Wages>$0
0.0270ª
(0.0151)
(2)
...>$7,500
0.0217
(0.0194)
(3)
...>$15,000
0.00419
(0.0187)
(4)
Any Gig
0.00762
(0.00806)
(5)
Any Other 1099
-0.00349
(0.00938)
(6)
Files 1040
0.0317ª
(0.0192)
(7)
Files SE
-0.0156ª
(0.00898)
-0.000520*
(0.000244)
-0.000400
(0.000311)
0.000117
(0.000305)
-0.000130
(0.000137)
0.0000570
(0.000152)
-0.000595ª
(0.000305)
0.000179
(0.000152)
0.000626**
(0.000212)
0.000243
(0.000275)
-0.000474ª
(0.000273)
0.000260*
(0.000123)
-0.0000506
(0.000139)
0.000398
(0.000273)
-0.000165
(0.000135)
2017 × Cleared
-0.0128ª
(0.00665)
0.00197
(0.00918)
0.0177*
(0.00874)
-0.00280
(0.00324)
-0.00956ª
(0.00495)
-0.0223*
(0.00913)
-0.00952*
(0.00461)
2016 × Cleared
0.00937
(0.00798)
0.00159
(0.0104)
0.00406
(0.00997)
0.00386
(0.00336)
-0.00656
(0.00540)
-0.0111
(0.0101)
-0.00480
(0.00500)
Post (2019-2021) × Cleared
Post (2019-2021) × Cleared
× Months since charge
Post (2019-2021)
× Months since charge
Notes: Table reports difference-in-differences results comparing outcomes for individuals who had all their non-convictions cleared by PA’s Clean Slate law by 2020, compared
with those who did not. Data from 2016-2021. Sample is restricted to ages 18-25 to ensure they had no other prior convictions by the start of our charge data, which begins in
2008. Standard errors clustered on individual are reported in parentheses. ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
Table A.12: Impact of PA Clean Slate Reductions on Employment Outcomes - All Others
(a) DD Estimates
(1)
Any Wages>$0
0.00464
(0.00385)
(2)
...>$7,500
-0.00349
(0.00462)
(3)
...>$15,000
0.0000691
(0.00476)
(4)
Any Gig
-0.000599
(0.00153)
(5)
Any Other 1099
0.000459
(0.00272)
(6)
Files 1040
0.00361
(0.00453)
(7)
Files SE
-0.00337
(0.00251)
2017 × Cleared
0.000241
(0.00407)
-0.00146
(0.00491)
0.00878ª
(0.00494)
-0.000956
(0.00121)
-0.00550ª
(0.00297)
-0.000759
(0.00459)
-0.00514ª
(0.00266)
2016 × Cleared
-0.00515
(0.00480)
0.807
31,996
192,096
X
X
X
-0.00138
(0.00589)
0.639
31,996
192,096
X
X
X
0.00698
(0.00581)
0.511
31,996
192,096
X
X
X
0.000429
(0.00128)
0.008
31,996
192,096
X
X
X
-0.00370
(0.00333)
0.059
31,996
192,096
X
X
X
-0.00240
(0.00536)
0.742
31,996
192,096
X
X
X
-0.00232
(0.00289)
0.051
31,996
192,096
X
X
X
Post (2019-2021) × Cleared
Dep. Mean (2018)
N
NxT
Age Controls
Indiv. FE
Year FE
(b) By months since charge
82
(1)
Any Wages>$0
-0.00672
(0.00953)
(2)
...>$7,500
-0.0148
(0.0119)
(3)
...>$15,000
-0.0157
(0.0120)
(4)
Any Gig
0.00318
(0.00392)
(5)
Any Other 1099
0.000498
(0.00573)
(6)
Files 1040
-0.00881
(0.0110)
(7)
Files SE
0.00577
(0.00554)
0.000183
(0.000146)
0.000185
(0.000178)
0.000286
(0.000180)
-0.0000660
(0.0000590)
0.0000214
(0.0000905)
0.000134
(0.000166)
-0.000129
(0.0000897)
0.000222ª
(0.000131)
-0.000171
(0.000158)
-0.000351*
(0.000160)
0.00000519
(0.0000521)
-0.0000344
(0.0000822)
-0.000124
(0.000151)
0.000150ª
(0.0000804)
2017 × Cleared
0.000312
(0.00417)
-0.00352
(0.00507)
0.00781
(0.00512)
-0.00142
(0.00117)
-0.00400
(0.00304)
0.000107
(0.00470)
-0.00472ª
(0.00271)
2016 × Cleared
-0.00399
(0.00491)
-0.00285
(0.00607)
0.00596
(0.00601)
0.000525
(0.00125)
-0.00304
(0.00341)
-0.000838
(0.00549)
-0.00194
(0.00295)
Post (2019-2021) × Cleared
Post (2019-2021) × Cleared
× Months since charge
Post (2019-2021)
× Months since charge
Notes: Table reports difference-in-differences results comparing outcomes for individuals who had all their non-convictions cleared by PA’s Clean Slate law by 2020, compared
with those who did not. Data from 2016-2021. Sample is restricted to ages 18-25 to ensure they had no other prior convictions by the start of our charge data, which begins in
2008. Standard errors clustered on individual are reported in parentheses. ª p<0.1, * p<0.05, ** p<0.01, *** p<0.001
B
Criminal Record Remediation Policies
In this appendix, we describe the policies that we study with a focus on the details of the
institutional background and setting that we use to formulate the research designs.
B.1
Fair Credit Report Act
The Fair Credit Report Act (FCRA) is a federal law that governs the type of information
reported by consumer reporting agencies (CRAs) to potential employers. CRAs include
the major credit bureaus and also employment background check companies including those
that provide criminal background checks to employers.26 FCRA only applies to criminal
background checks performed by CRAs—a firm that performs an in-house criminal background check is not subject to FCRA requirements. Relevant to our context, under FCRA,
non-convictions are only reportable for seven years for jobs with annual expected salary
<$75,000; in contrast, convictions are always reportable regardless of the age of conviction.
The seven-year clock for non-convictions starts at the date the charge is filed.27
We use the seven-year rule under FCRA to estimate the effect of having a non-conviction
record cleared from an employment background check. Under this rule, a record should be
cleared seven years after the last criminal history event/charge among individuals who have
no convictions on record. This feature of FCRA allows for an event-study design where
individuals do not select into the event in the relevant time horizon for estimation.
B.2
Maryland Credit Report Law
Nine states—California, Kansas, Maryland, Massachusetts, Montana, New Hampshire, New
Mexico, New York, and Washington—have a seven-year limit on reporting convictions, with
exceptions.28 Our study includes Maryland which, in 1976, passed a law which states that
employers cannot request arrest or conviction records that are more than seven years old
(starting from the date of disposition) for any job that pays less than $20,000 per annum.29
While this income threshold is low, it binds for the majority of individuals with criminal
records. Over our sample period of 1999 to 2018, $20,000 is approximately the median
annual labor income for employed men without college education in Maryland according
to the March Current Population Survey. In our administrative tax data, in Maryland,
26
There are two types of background checks an employer can choose to run: fingerprint checks and name
searches. When an individual is booked by police (e.g. arrested), they are fingerprinted. In a fingerprintbased search, these arrest records will appear regardless of whether the arrest leads to a formal charge. A
name-based search queries court records either via an online system or in-person at a court house. This kind
of search will turn up court charges even if they did not lead to conviction, although is unlikely to uncover
arrests that did not lead to a court charge. Name-based searches are more common for most mainstream
types of employment.
27
In the context of recent litigation, courts have upheld the Federal Trade Commission and Consumer
Financial Protection Bureau’s interpretation that the FCRA look-back window for non-convictions starts at
the date of filing and NOT the date of dismissal.
28
For example, California allows full look-backs for convictions for Transportation Network Companies
(e.g. Uber, Lyft). In New York, continued reporting of criminal convictions is allowed when the employer is
hiring the individual for an annual salary of $25,000 or more.
29
MD. CODE. ANN., COM. LAW §14-1203(b)(3) (2010).
83
the average W-2 earnings for individuals matched to criminal records data and who are
working is $14,000 per year (approximately $7,000 per year median, rounded to the nearest
thousand). These numbers suggest that part-time jobs and likely even full-time jobs will
be largely under this threshold in our population of individuals with records. In addition,
our conversations with a major CRA (Checkr) indicate that agency’s default policy is to not
provide prior convictions more than seven years old from date of disposition to any employer
in Maryland, and the vast majority of employers do not opt out of the default.
B.3
California’s Proposition 47
In November 2014, California voters passed a law through referendum known as Proposition
47: The Safe Neighborhoods and Schools Act. Proposition 47 implemented three broad
changes to felony sentencing laws within California. First, it prospectively reclassified certain
theft and drug possession offenses from felonies to misdemeanors. Broadly speaking, these
eligible offenses include theft offenses where the value of property stolen does not exceed $950,
such as shoplifting, grand theft, receiving stolen property, forgery, fraud, and drug offenses
including the personal use of most illegal drugs.30 Second, it authorizes defendants currently
serving sentences for felony offenses that would have qualified as misdemeanors under the
proposition to petition courts for resentencing under the new misdemeanor provisions. Third,
it authorizes defendants who have completed their sentences for felony convictions that
would have qualified as misdemeanors under the proposition to petition to reclassify those
convictions to misdemeanors.31 For the purposes of our study, we focus on this third change
under Proposition 47—the retroactive reclassification/reduction for individuals who have
completed their sentences.
Like many criminal record remediation efforts in the United States, retroactive reclassification under Proposition 47 is mainly available by petition to an appropriate court, where
the petitioner must establish that he or she committed a crime which, had Proposition 47
been in effect when committed, would be a misdemeanor. If the court grants the request to
reclassify the offense as a misdemeanor, the crime will be treated as a misdemeanor for all
purposes except for the right to own or possess firearms.32
30
Eligible offenses were communicated to us by a Deputy Public Defender in San Joaquin County, and
verified via online sources to the extent possible. For theft offenses, value taken or intended to be taken must
be <$950: Commercial burglary during business hours (Penal Code 459); Theft (PC 484(e)(a),484(e)(b),
484(e)(d), 484(g), 484(h), 487(a), 487(b), 487(c), 487(d)(1),487(d)(2), 487(e), 487(g)-487(i)); Receiving
stolen property (PC 496(a)); Forgery (PC 470; 471; 472; 475; 476; 484(f); 484(i)(b)); Insufficient Funds
[unless previously convicted of 3 or more other crimes] (PC 476a); Petty theft with a prior conviction (PC
666); Grand Theft (PC 489); Auto Theft (Vehicular Code 10851). Eligible drug offenses include possession
of methamphetamine (Health & Safety Code Section 11377);possession of controlled substance (H&S 11350);
possession of Concentrated Cannabis (H&S 11357(a)).
31
Some individuals, such as those who had previous convictions for sexually violent offenses, murder, or
sex offenses that require registration, were not eligible for the new resentencing, or reclassification provisions
of Proposition 47.
32
While Proposition 47 does not completely clear a person’s record, an employer conducting a criminal
background check will no longer be able to see the original felony conviction after a reduction. Instead, only a
misdemeanor conviction remains. Appendix Figure 1 shows four redacted examples of official court criminal
record searches after Proposition 47 reductions. This figure shows that following reduction, Proposition 47
charges are listed as misdemeanors by statute and dispositions denote that the eligible charge was “Reduced
84
Proposition 47 has been regularly argued to give eligible Californians an opportunity
to remove barriers to employment (in addition to housing and other outcomes) through
reclassification of a felony to misdemeanor.33 For example, advocates who helped draft
Proposition 47 argue that “[w]e created a system where there’s so many collateral impacts
to having a felony conviction on your record that you cannot sustain yourself....You cannot
find employment. You cannot find housing. You cannot integrate back with your family.
These are all things that lead to recidivism.”34
A Proposition 47 reduction can also allow individuals to obtain certain occupational
licenses that previously excluded those with felony convictions. In California, licensing laws
can categorically exclude the hiring of individuals with certain criminal records in hundreds
of professions, such as healthcare and education, regardless of whether the offense is relevant
to the practice of the occupation or poses a substantive risk to public safety, and regardless of
the age of the record.35 Even individuals who receive job-specific training while incarcerated
are excluded by licensing restrictions in these occupations. As one example, individuals with
a felony conviction are barred from obtaining a Californian alcoholic beverage license.36
The interaction of Proposition 47 and another law, the California Investigative Consumer
Reporting Agencies Act (ICRAA), implies that the any benefit of retroactive reductions
under Proposition 47 should be declining in the time since conviction. This is because under
the ICRAA, criminal convictions can be reported for only seven years from the latest of
the date of disposition, date of release, or date of violation of parole from the original case
(versus indefinitely under federal law), unless another law requires employers to look more
deeply into the employee’s background.37
B.3.1
San Joaquin County, CA and Research Design
Starting in December 2014, the Office of the Public Defender of San Joaquin (OPD) and
the San Joaquin County District Attorney’s Office (DAO) coordinated to proactively file
petitions on behalf of all eligible defendants without requiring effort, intervention, or even
knowledge from the defendant. As of September 2019, this effort has resulted in the reduction
of approximately 10,000 felony convictions under Proposition 47. As we discuss below, the
timing of these reductions was unsystematic and, crucially, most of the reductions were not
from individuals who self-selected into treatment, facilitating evaluation.
to Misd” on a particular date. We have verified that this is the underlying data and process that criminal
background check companies use when running a background check.
33
See, for example, “Finding a Job with a Felony Conviction is Hard.
California
May
Make
it
Easier,”
available
at
https://fivethirtyeight.com/features/
finding-a-job-with-a-felony-conviction-is-hard-california-may-make-it-easier/.
34
See
https://www.desertsun.com/story/news/crime_courts/2016/12/14/
prop-47-former-felons-new-jobs/94636088/.
35
Compared to just 5 percent in the 1950s, occupational licensing now covers over one quarter of the
U.S. workforce nationally and it is estimated that nearly 30 percent of California jobs require licensure,
certification, or clearance by an oversight board or agency for approximately 1,773 different occupations.
See https://www.bot.ca.gov/board_activity/meetings/20180524_material_3d_3e.pdf.
36
See California Business and Professions Code Section 23952.
37
see https://help.checkr.com/hc/en-us/articles/360000725967-Lookback-periods-How-far-back-are-criminal
These exceptions under the ICRAA would apply for certain types of jobs such as in the health industry, or
any job requiring an occupational license.
85
Petition timing: The county’s agencies took a multi-step approach to implementing
Proposition 47. First, the agencies focused on resentencing for individuals currently serving
sentences or under supervision (parole/probation) for eligible felony offenses. Since there is
no exogenous variation in when reductions occurred across these individuals, these individuals will not be the focus of our analysis. Second, after reducing records for those currently
serving sentences or under supervision, the OPD compiled a comprehensive list of all people
in the county with eligible criminal charges who had already completed their sentences from
relevant state agencies.38 There were separate lists for each eligible charge which meant that
the same individual could in theory appear on multiple lists. For example, if a person had
a petty theft conviction and a drug possession conviction, each of these charges would be
listed on the respective “crime lists.”
The OPD started with the largest crime list, consisting of individuals with felony drug
convictions (designated as “health and safety” or HS crimes). Nearly 85% of individuals
for whom petitions were filed had a crime on this HS list. These lists were alphabetical by
last name of the eligible individual and OPD personnel worked through these lists in various
chunks, initially starting alphabetically with A, although sometimes switching to the other
end of the alphabet to reduce workload with filing clerks who split petitions between A-L
last names and M-Z last names. This process was effectively quasi-random, with the crime
list and the first letter of last name dictating when an individual’s proactive petition would
be filed.
Figure B.1 depicts the impact of the first letter of last name on the order of petition
filing. This figure presents the timing of petitions filed for individuals on the HS crimes
list, as described above. The figure presents cumulative density functions (CDFs) for the
proportion of petitions filed by date for each first letter of last name. One can see a very
clear pattern whereby a vast majority of petitions for those with, say, “A” last names, were
filed within a few months of each other during a “surge” period.39
38
The list was obtained from a court record system known as CJIS, which only digitized records going
back to 1990. As a result, any eligible charge from before 1990 was not on the list.
39
Appendix ?? presents these CDFs for each crime list, where analogous “surges” can be seen for each
letter of last name. Occasionally, there were deviations from the alphabetical ordering for idiosyncratic
reasons, which include the someone mistyping the court case number or name and the mistyped case was
also eligible; codefendants on an eligible case are also eligible and would be filed together; referrals of eligible
clients to the public defender’s office from attorneys; referrals of eligible individuals from local organization
“Justice Fairs.” Deviations from alphabetical ordering within a crime list also occurred if an individual
appeared on more than one crime list, as the OPD filed a petition for all of each individual’s eligible charges
at the same time.
86
Figure B.1: Alphabetical Ordering for HS (Drug) Crime Petitions
Notes: The timing of proactive felony reductions in San Joaquin County was determined in an alphabetical
manner. Figure shows the CDF of felony reductions for HS crimes, by the indicated first letter of last name.
Appendix ?? contains the CDFs for other letters.
After preparing a petition for each eligible individual, the OPD sent the petition to the
DAO for review. Throughout this process, there was a general understanding between the
two agencies that the vast majority of petitions would be approved. The approved petition
would then be sent to a judge to officially secure the Proposition 47 reduction. This was a
time- and labor-intensive process.
Not all petitions filed by the SJOPD were done through proactive reductions. Some
individuals directly called the OPD to inquire about their eligibility to receive a reduction
under Proposition 47 and to ask for a petition to be filed on their behalf.40 Collectively, these
individuals were prioritized by the SJOPD and had their petitions filed soon thereafter.
We leverage the alphabetical nature of the proactive petition filing to identify likely selfpetitioners, as we describe in Section 2.2.5. In Section 4, we will turn to the sample of
self-petitioners to assess the importance of selection bias.
The Public Defender’s office made an effort (with the aid resources from the District
Attorney’s office) to notify at least a subset of individuals about these reductions. The notifications took place in randomized waves, with 4086 individuals with reductions being chosen
to be notified in the first wave. These notifications took place between June 2019 and March
2020. Contact information was collected by the Public Defender’s office from Transunion’s
40
Another small group of individuals were referred to the SJOPD based on their participation in local
“record change and justice fairs,” during which community members receive free legal consultations to see
if they are eligible for reduction under Proposition 47 (N=96).
87
TLO product which provides most recent addresses, e-mails, and phone numbers. Of the
4610 individuals randomly chosen to be contacted in this first-wave, contact information
could be located for 3982 (86.3%). Between June 2019 and March 2020, SJOPD personnel
with carefully written scripts attempted to call these 3982 individuals in a random order;
in January 2020 letter were mailed to individual homes (with self-addressed postcards included to return upon receipt); and in January 2020 e-mails were sent as well. Text messages
were sent between December 17, 2019 and May 15, 2020.41 Text messages were staggered
randomly so as to not overwhelm the SJOPD call center.42
Through this effort, SJOPD was able to confirm successful contact, either by phone,
return of postcard, or email, of 1,175 individuals (29.5% of those with contact information,
and 25.5% of the full first-wave notification group). The true contact rate is likely higher
since not everyone who received a letter called the SJOPD or mailed back the included
pre-addressed postcard. SJOPD reported that 411 individuals were surveyed by phone who
had received proactive reductions and asked them if they were previously aware of having
received a reduction. Only 6.1 percent of the group responded that they were aware.
B.4
Pennsylvania Clean Slate Law
In 2018, Pennsylvania enacted the Clean Slate Law (Act 56 of 2018), which implemented
automated sealing of all non-conviction records with no waiting period, as well as certain
low-level conviction records after ten years. Those who still owed court fines and fees were
not (initially) eligible.43 Eligible records were sealed between June 2019 and June 2020
and the law has since resulted in nearly 40 million criminal records sealed for over 1.2
million individuals. Under this law, these records are automatically shielded from the vast
majority of employers, landlords, schools, and the general public, but are still accessible to
law enforcement and judicial officers.
C
Match Algorithm
This appendix outlines our approach to matching the names and birth dates f
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.