Clean Slate vs. expungement vs. sealing — they're different
These terms get used interchangeably, but they mean different things. Expungement typically destroys the record or treats it as if it never existed. Sealing hides the record from public view but keeps it accessible to courts and certain employers. Clean Slate laws make sealing automatic — no petition required — once eligibility criteria are met. The Brookings Institution notes that despite the "expungement" wording in some statutes, Clean Slate laws typically only seal from publicly accessible databases (Brookings — Clean Slate Laws).
Where automatic sealing is the law
Thirteen states plus Washington, D.C. have passed Clean Slate laws (Clean Slate Initiative state tracker). Pennsylvania pioneered the model with its 2018 law and has since sealed millions of records (PA Clean Slate update, 2026). New York's Clean Slate Act requires the court system to build the automated sealing engine by November 16, 2027 (Legal Action Center — Clean Slate NY). Michigan's set-aside system is also live (Michigan Courts Clean Slate hub). Maryland is the next likely state to adopt (Brennan Center).
Federal Clean Slate Act of 2025
H.R. 3114, the federal Clean Slate Act of 2025, would require automatic sealing of certain federal criminal records and create a uniform federal pathway. As of May 2026 the bill remains in committee, but its text is now the policy template several states are studying.
What qualifies, what does not
Eligibility varies sharply by state. Typical Clean Slate criteria: no convictions for serious violent crimes, no sex offenses, no convictions involving children, and a waiting period from completion of sentence (commonly 7-10 years for misdemeanors, 10-15 for felonies). Arrests that did not result in conviction are usually eligible immediately. DUI/DWI is excluded in most states. Federal crimes are excluded everywhere except where federal law permits sealing.
How to clear a record manually if your state has no Clean Slate law
If you live outside the 13 Clean Slate jurisdictions, you petition the court that handled the case. The petition is filed in the county of conviction, usually requires a small filing fee (waivable on indigency), and triggers a hearing 30-90 days later. The district attorney has a right to oppose. If granted, the court issues an order that the criminal-history database, the booking agency, and (in some states) the FBI must execute. Employers running FCRA-compliant background checks are required to filter out sealed records (iProspect Check — Clean Slate compliance, 2026).