What Clean Slate Laws Are and Why They Matter
The short answer — only 6.5% of people eligible for expungement in Michigan actually filed before the state passed its Clean Slate law (per a University of Michigan Law School study). That's the problem Clean Slate solves. Instead of forcing you to hire an attorney, file paperwork, and attend hearings, the state's criminal justice information system scans its own records and auto-seals the ones that qualify. Pennsylvania's Act 56 of 2018 was the first.
Research from the University of Michigan Law School found that only 6.5% of people eligible for expungement in Michigan actually obtained it before the state enacted its Clean Slate law. The petition process — even when straightforward on paper — creates practical barriers: people do not know they are eligible, cannot afford an attorney, do not understand the paperwork, or are intimidated by the court system. Clean Slate laws eliminate all of these barriers by shifting the burden from the individual to the government.
The Clean Slate Initiative, a bipartisan nonprofit, has been the primary driver of this legislative movement, working with state legislators in both parties to draft and pass Clean Slate bills. The Initiative reports that as of 2025, 12 states have enacted Clean Slate laws, with legislation pending in several more. The movement has attracted support from an unusual coalition of conservative and progressive organizations, united by the belief that people who have served their sentences and remained law-abiding deserve a genuine second chance.
States With Clean Slate Laws: The Current Map
Pennsylvania was the first state to enact a Clean Slate law, signing Act 56 into law in June 2018 with implementation beginning in 2019. Pennsylvania's law automatically seals non-conviction records and certain misdemeanor convictions after 10 years with no subsequent convictions. The state reports that millions of records have been automatically sealed since implementation, benefiting hundreds of thousands of Pennsylvanians. Check your eligibility under Pennsylvania's law using our Pennsylvania Expungement Checker.
Michigan followed with one of the most comprehensive Clean Slate laws in the country, enacted in 2020 and implemented in phases through 2023. Michigan's law automatically sets aside up to two felony convictions after 10 years and up to four misdemeanor convictions after 7 years, provided the person has no subsequent convictions. The law also expanded petition-based expungement to cover marijuana offenses and certain traffic offenses. Use our Michigan Expungement Checker for details on your eligibility.
Other states that have enacted Clean Slate laws include Utah (2019, automatically expunging eligible misdemeanors and drug possession convictions), New Jersey (2019, automatic expungement of certain marijuana offenses), Virginia (2021, automatic sealing of certain records), Connecticut (2021, automatic erasure of marijuana convictions and phased implementation for other offenses), Delaware (2021), Colorado (2022), Oklahoma (2022), Minnesota (2023), and California (2023, which enacted automatic sealing of certain arrest and conviction records under SB 731). Each state's law differs in scope, eligible offenses, and waiting periods.
How Automatic Expungement Works in Practice
The mechanics of automatic expungement depend on the state's criminal justice information technology infrastructure. In most states, the process works as follows: the state's central repository of criminal records (maintained by the state police or similar agency) runs periodic reviews of all records in the system. Records that meet the eligibility criteria — eligible offense type, sufficient time elapsed, no subsequent convictions — are flagged for automatic sealing or expungement. The sealed records are then removed from the databases accessible to commercial background check companies.
The timeline from eligibility to actual sealing varies by state and depends on the frequency of the automated review process. Some states run the review quarterly, others annually. Pennsylvania's system runs continuously, reviewing records as they become eligible. In practice, there may be a delay of several months between the date you become technically eligible and the date your record is actually sealed in the system. During this gap, your record may still appear on background checks.
If you believe you are eligible for automatic sealing under your state's Clean Slate law but your record has not yet been cleared, you may still be able to file a traditional petition to expedite the process. The automatic system is a safety net, not the only pathway. Our Expungement Eligibility Checker can help you determine whether you are eligible under your state's automatic or petition-based process and whether filing a petition would be faster than waiting for the automated system.
What Clean Slate Laws Cover — and What They Do Not
Clean Slate laws are not unlimited. Every state's law excludes certain categories of offenses from automatic clearing. The most common exclusions are: sex offenses requiring registration, violent felonies (murder, assault, robbery), offenses against children, DUI in some states, and domestic violence offenses. These exclusions reflect the balance legislators strike between second-chance principles and public safety concerns.
The offenses covered by Clean Slate laws typically include: non-conviction records (arrests, dismissals, acquittals), misdemeanor convictions for non-violent offenses, low-level felony convictions (in states like Michigan), drug possession offenses, and certain traffic offenses. The specific list of included offenses is defined by statute in each state and can be complex — for example, Pennsylvania's law covers all summary offenses and misdemeanors of the second and third degree after 10 years, but not misdemeanors of the first degree.
One important limitation: Clean Slate laws clear state records, not federal records. The FBI maintains its own criminal history database (the Interstate Identification Index), and state-level sealing does not automatically remove records from the federal database. For most purposes — employment, housing, licensing — this distinction does not matter because commercial background check companies rely primarily on state records. But for federal employment, security clearance investigations, and immigration proceedings, the federal record may still be accessible. For a detailed discussion of what still shows up after expungement, see our article on background checks after expungement.
The Impact: What the Data Shows
The evidence supporting Clean Slate laws is compelling. Research consistently shows that record clearing improves economic outcomes without increasing public safety risk. The landmark University of Michigan study found that people who received expungement were 11% more likely to be employed within one year and earned 22% more within two years. A 2020 RAND Corporation study of California's Proposition 47 (which reclassified certain felonies to misdemeanors and created expungement pathways) found that participants had lower recidivism rates than a comparison group.
From a public safety perspective, the concern that clearing records will lead to increased crime has not been supported by the data. The Michigan study found that people who received expungement had an extremely low subsequent crime rate — less than 4% were reconvicted within 5 years, a rate lower than the general population. This is consistent with the criminological principle of age-crime desistance: people who have gone 7 to 10 years without a new offense have effectively aged out of criminal behavior.
The economic impact extends beyond the individuals whose records are cleared. The Brennan Center for Justice estimates that barriers created by criminal records reduce the U.S. GDP by $87 billion annually through reduced employment, lower wages, and increased reliance on public assistance. Clean Slate laws address this by removing barriers that prevent millions of people from fully participating in the economy. For a broader understanding of expungement rules, see our expungement guide.
What to Do If Your State Has a Clean Slate Law
If you live in a state with a Clean Slate law, the most important step is to determine whether your record falls within the law's coverage. Use our Expungement Eligibility Checker to get a preliminary assessment. If your offense is covered and sufficient time has elapsed, your record may already be sealed — or may be in the queue for automatic sealing. You can check the status of your record by requesting your criminal history from your state's repository (typically the state police or bureau of investigation).
If your record should have been automatically sealed but has not been, contact the implementing agency (usually the state police or the administrative office of the courts) to inquire about the status. In some states, the automated system is still being implemented or has a backlog of records to process. Filing a traditional petition for expungement can accelerate the process in the meantime. Some states also have legal aid organizations that provide free assistance with expungement petitions — the Legal Services Corporation (lsc.gov) can help you locate services in your area.
If your state does not yet have a Clean Slate law, you are not out of options. Every state has a petition-based expungement process for at least some categories of offenses. The petition process is more burdensome than automatic clearing, but it is well established and many people navigate it successfully every year. Our expungement guide walks through the petition process step by step, and our Expungement Eligibility Checker can tell you whether you are eligible to file under your state's existing law.
Disclaimer: This article is for general educational purposes only and does not constitute legal advice. Made For Law is not a law firm, and our team are not attorneys. We are not affiliated with any federal, state, county, or local government agency or court system. Content may be researched or drafted with AI assistance and is reviewed by our editorial team before publication. Laws change frequently — always verify information with official sources and consult a licensed attorney for advice specific to your situation. Full disclaimer
Our editorial team researches and summarizes publicly available legal information. We are not attorneys and do not provide legal advice. Every article is checked against current state statutes and official sources, but you should always consult a licensed attorney for guidance specific to your situation.
