The fight for criminal record expungement has gained a new front: the newsroom. For years, civil rights advocates have successfully pushed for policies to clear criminal records, allowing individuals a fresh start in employment and housing. However, these efforts often overlook the lasting damage inflicted by archived media coverage of past offenses. With over 70 million Americans—approximately one in three adults—possessing prior convictions or arrests, the impact of readily accessible online news articles can be devastating and far-reaching.
Recognizing this gap, several local newspapers across the United States have initiated programs to review their archives and consider requests to remove names or delete old stories, prioritizing the privacy of individuals involved in minor crimes. This movement, sparked in part by the increased accessibility of information through search engines, challenges long-held journalistic norms surrounding the immutability of published content. Chris Quinn, editor of Cleveland.com and the Plain Dealer, spearheaded this effort in 2018, responding to numerous pleas from individuals whose lives were negatively impacted by old crime reports. He articulated the shift in ethical considerations: the balance between public access to information and an individual’s right to move on from past mistakes.
Quinn’s “right-to-be-forgotten” experiment established guidelines, excluding cases involving violence, sex offenses, crimes against children, or corruption. Police officer misconduct remained public record, and incidents generally needed to be at least four years old, though exceptions were made on a case-by-case basis. The guiding principle became whether the continued availability of the story outweighed the individual’s need for a fresh start. This approach has since been adopted by other prominent publications including the Boston Globe, Atlanta Journal-Constitution, Bangor Daily News, The Oregonian, and NJ.com, fueled further by the racial justice protests of 2020 which prompted widespread introspection within newsrooms regarding biased and harmful coverage.
Quinn’s program expanded significantly with Google funding, enabling the development of a tool to proactively identify potentially deletable stories. This automated approach significantly increased the program’s scope and equity, extending benefits beyond those actively seeking removal. Therese Bottomly, editor of The Oregonian, implemented a similar “clean slate” program in 2021, responding to the disproportionate impact of hyperlocal reporting on individuals involved in minor offenses. The Oregonian offers various options, including mugshot removal (aligned with Oregon’s updated laws limiting booking photo release), name removal, story deletion, or Google deindexing. A rigorous fact-checking process ensures requesters have fulfilled legal obligations and maintained a clean record since the incident.
While each case is carefully evaluated, The Oregonian’s experience highlights the nuanced considerations involved. Some requests are denied, such as that of an educator with an expunged harassment charge, where further investigation revealed a pattern of avoiding sexual misconduct allegations. However, numerous requests have been approved, restoring hope and opportunity to individuals who have paid their debt to society. One poignant example involved a man whose nearly 10-year-old story about a non-violent conviction during his addiction struggles was removed, allowing him to finally move forward with his life. In total, The Oregonian has approved 56 requests, partially approved 11, and denied 29.
This evolving approach emphasizes the need for more responsible and contextualized crime reporting. Saun Hough, from Californians for Safety and Justice, highlights the limitations of often one-sided, law enforcement-focused narratives, which fail to capture the complexity of individuals’ lives and circumstances. He points out the significant anxiety generated by the ever-present fear of these past reports resurfacing, potentially jeopardizing their futures. The resulting programs have not only aided those seeking a fresh start but have also encouraged newsrooms to adopt more mindful practices, carefully considering the long-term consequences of their reporting.