Clean Slate Law: Automatic Expungement of Criminal Records
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Written by: Eagle Eye Screening Solutions
Updated Date: 01 May 2026
Key Takeaways
- About one in three Americans has a criminal record, which creates problems not only for the individual but also for society at large. Many of these people have trouble finding gainful employment, increasing the strain on social services and the risk of recidivism.
- When a criminal record is expunged, it’s as though the crime never took place. After expungement, the individual can legally attest that they didn’t commit the offense.
- Most states allow offenders to apply for expungement of criminal records, but the process can be difficult and uncertain. In recent years, many states have passed laws that automatically seal—and in some cases expunge—eligible records for people who meet certain criteria.
- The rollout of automatic record clearing in various states has been uneven, sometimes making criminal record access difficult for CRAs, even for records that they’re allowed to retrieve.
What Are Clean Slate Laws?
Clean slate laws are state laws that automatically seal or, in some cases, expunge criminal records. In most cases, there's a waiting period, typically anywhere from two to 10 years. Record clearing is typically carried out for misdemeanors and some low-level felonies. Often there are crimes that are explicitly excluded; these may include sexual offenses, domestic violence, and crimes committed with a firearm. Generally, an offender must have satisfied all the terms of the sentence, including the completion of a prison term and probation or parole, and must have avoided additional criminal offenses in the interim.
Clean slate laws have been enacted not only for the benefit of the offender but also for the benefit of society as a whole. About one-third of Americans have some kind of criminal record in their past, and these previous transgressions follow them around, often making it difficult for them to gain the kind of employment that would make them productive members of the community. This can force these individuals, many of whom are no longer a threat to society, to rely on state-funded programs and social services. Also, people who are gainfully employed and fully participating in society as citizens are less likely to once again run afoul of the law.
In most (but not all) states, individuals may apply for expungement. However, it’s typically not a simple process. For starters, individuals may not even know they’re eligible to apply. Every state has slightly different rules, and they may not be widely publicized. In many cases, the application process is complex and difficult to navigate without legal assistance. Many individuals do not have the time, knowledge, or resources to complete the process.
Clean slate laws were created to allow for automatic record clearing. In clean slate states, individuals who meet the criteria set out by law do not have to take action. Records may be automatically sealed—or in some cases expunged—after the required waiting period. This helps ensure more consistent outcomes across eligible individuals.
These laws have expanded rapidly. The first was passed by Pennsylvania in 2018, and since then many additional states have enacted or implemented similar laws. Automated systems are required to carry out these laws, and implementation timelines vary by state.
As expected with new systems and processes, rollout has been uneven. There have been cases where criminal records in certain jurisdictions have been temporarily inaccessible to the public and to CRAs, even when those records were not yet sealed. As more states continue to adopt and expand clean slate laws, some implementation challenges are likely to persist.
Expunged vs Sealed
Expunged records provide the most complete form of record relief. Files may be destroyed or removed from public databases, and in many cases, the offense is treated as though it never occurred. The individual may legally state that the offense did not take place.
A sealed record, on the other hand, still exists but is no longer visible to the public. CRAs generally cannot access sealed records, and employers cannot consider them in most cases. However, sealed records may still be accessible to courts, law enforcement, and certain government agencies, depending on state law.
What States Have Clean Slate Laws?
According to The Clean Slate Initiative, as of 2026, a growing number of states have enacted laws that meet the definition of clean slate legislation, and many more have adopted some form of automatic record clearing. These laws may apply to non-convictions, marijuana-related offenses, misdemeanors, and certain low-level felonies.
Laws vary from state to state, and each state determines which types of criminal records are eligible for automatic clearing. Some states apply these laws only to misdemeanors, while others extend relief to certain felonies. Waiting periods also vary, and in some states restitution must be paid before records can be cleared.
Expungement and sealing are handled at the state level. At this time, federal criminal records generally cannot be expunged or sealed.
Pennsylvania
Pennsylvania was the first state to enact a clean slate law. An automated process searches records and seals them for individuals who committed eligible offenses and have not had any convictions in a set period of time.
Colorado
In Colorado, automatic record sealing has been implemented, with waiting periods that vary depending on the type of offense. Records that did not result in a conviction may be sealed more quickly, while misdemeanors and certain felonies require longer waiting periods.
Connecticut
Connecticut began automatically erasing certain records in 2023. This applies to most misdemeanor convictions and some less serious felonies. Expungements typically take place seven or 10 years after the most recent conviction.
Delaware
In Delaware, automatic expungement has been implemented for most misdemeanors and some less serious felonies. Records may also be expunged when the case was “terminated in favor of the accused,” including acquittals, dismissal of charges, and arrests where charges were not filed.
Michigan
Michigan has implemented automatic record sealing for eligible offenses. Individuals who meet eligibility requirements may have records sealed after defined waiting periods, generally around seven years for certain misdemeanors and up to 10 years for some non-assault felonies.
Oklahoma
Oklahoma has moved toward automatic expungement for certain misdemeanors and non-convictions, while felony eligibility remains limited.
Utah
Utah implemented automatic expungement beginning in 2022. Waiting periods vary based on the offense level, typically ranging from five to seven years.
New Jersey
A New Jersey law directs the state to implement a clean slate process, including automatic sealing of certain records. The law has been expanded to include automatic sealing for some marijuana-related offenses.
Virginia
Virginia enacted a clean slate law in 2021, with expanded automatic and petition-based record sealing scheduled to take effect July 1, 2026. Expungement remains limited to non-convictions.
California
California has expanded automatic and petition-based record sealing, including sealing of many non-convictions and certain convictions after eligibility requirements are met.
Minnesota
Minnesota enacted a law providing both petition-based and automated expungement for many non-violent offenses, with automation continuing to roll out. Waiting periods vary depending on the offense.
New York
In New York, clean slate legislation has been advanced to provide for the automatic sealing of certain convictions after individuals have completed their sentences and met eligibility requirements.
Even in states that do not have expungement laws, there may be a procedure for setting aside or vacating a sentence. In these cases, the conviction still stands as part of the person’s record, but the set aside indicates that the sentence has been fulfilled and that there is evidence of rehabilitation. In Arizona, individuals who have had convictions set aside can obtain a Certificate of Second Chance.
How Clean Slate Laws Impact Background Checks
A person in a suit is seated at a wooden desk in a courtroom, writing with a pen. A gavel lies in front of them.
Clean slate laws are still relatively new, and in many states, automated record clearing systems are still being fully implemented or refined. Developing and deploying large-scale automated systems can be complex and subject to delay, so some unevenness in rollout is expected. There are still instances where automatic record clearing does not occur exactly on the timeline originally set by statute.
For example, in Michigan in recent years, implementation challenges temporarily affected access to some records while systems were being updated.
In other states, automated sealing or expungement processes have been phased in over multiple years, with full implementation still ongoing in certain jurisdictions. At least a few more states will likely get on the clean slate bandwagon, and we’ll see expungement automation ramping up well toward the end of the decade.
At least a few more states are expected to continue expanding clean slate-style legislation, and expungement and sealing automation is likely to increase steadily through the remainder of the decade.
There are still scenarios in which CRAs may retrieve criminal records that should already have been sealed or are not yet fully updated in all systems, as well as situations where records that should be available are temporarily inaccessible during system transitions. To ensure compliance, CRAs must stay current on both legal requirements and implementation status across jurisdictions.
Both CRAs and employers need to be aware not only of expungement and sealing laws but also of fair chance laws. These regulations govern when in the hiring process a criminal background check may be ordered and what may be done with the results. These vary by state, and many jurisdictions have become more restrictive in recent years. For example, in many states, employers may not ask about criminal background on initial applications and may not run a background check until a conditional offer of employment has been made. Even when a record is found, employers may be limited in using it unless it is directly related to the job in question.
Clean slate laws add a new layer of complexity and require even more caution on the part of CRAs and employers. As criminal records become less accessible and restrictions on their use increase, employers are placing greater emphasis on qualifications and job fit rather than background history alone. Given ongoing labor shortages and the fact that individuals with records often successfully reenter the workforce, this shift can have broader workforce benefits.
Bottom Line
Clean slate laws, enacted by a growing number of states, provide automatic record clearing—most commonly through sealing—for some individuals who have committed misdemeanors and less serious felonies. This trend is reducing the number of criminal records visible to CRAs and employers and supporting broader efforts to expand second-chance employment opportunities.
The rollout of clean slate laws continues to be uneven, and employers and CRAs must navigate a changing and sometimes complex compliance environment. To ensure
accurate searches while minimizing legal risk, CRAs benefit from staying informed and maintaining strong compliance practices as these laws continue to evolve.
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