Clean slate laws boost the economy and public safety

April is Second Chance Month, dedicated to raising awareness and expanding opportunities for Americans with criminal records. With millions facing barriers to reentry after prison, this month highlights proven strategies to reduce recidivism and support successful transitions.

The U.S. has reached a point where nearly the same number of people have a criminal record as those with a four-year college degree. Approximately 1 in 3 adults in the United States has a criminal record—either an arrest or conviction—which equates to up to 100 million working adults. Additionally, nearly half of U.S. children have at least one parent with a record. 

The prevalence of criminal records is widespread, and the negative consequences are extensive due to the proliferation of background checks. These checks are used for activities ranging from applying for housing and employment to accessing educational grants, family law, and voting. A criminal record often restricts, reduces, or denies access to basic social needs. When combined with societal stigma, it remains a leading cause of poverty, economic fragility, and racial inequality.

Despite the negative social, racial, and economic impacts of a criminal record, reforming the criminal legal system remains difficult both at the federal and state level. However, bipartisan and decentralized reforms have been passed in recent years, including “second chance” laws. Also know as clean slate, record-clearing, or record-sealing laws, these measures are designed to reduce barriers to employment, occupational and driver’s licenses, voting, housing, and public benefits.

It is important to note that record clearing via clean slate laws differs from expungement, which occurs when criminal records are sealed or destroyed entirely. Although some statutory language uses the word expungement, clean slate laws typically seal criminal records only from publicly accessible databases. Criminal histories remain accessible to law enforcement agencies and continue to exist in most federal databases.

Many individuals struggle to successfully reenter society due to interconnected personal and statutory barriers, including difficulties obtaining photo identification, lack of transportation, low educational attainment, and limited work experience. When coupled with broader challenges—such as restricted access to housing, health care, and support systems—untreated mental illness, disabilities, and substance use disorders often persist. For far too many Americans, these overlapping obstacles make successful reentry nearly impossible.  

In my book, “Convicted and Condemned,” I document how participants’ criminal records would surface during a background check or an interview, often leading employers, lenders, landlords, school counselors, or social services clerks to automatically reject applications. This denial of services and opportunities often causes individuals to fail at reentry; they frequently face homelessness and food insecurity, lose access to health care for medical needs, mental illness, substance use disorders, and are barred from legal employment or vocational programs. Commonly referred to as the “collateral consequences” of a felony conviction, these regulations are tucked away in various policies outside of criminal statutes and hamper reentry efforts. To improve public safety and employment outcomes while broadening the applicant pool for businesses, states are increasingly passing bipartisan record-sealing laws.

The Clean Slate Initiative reports that 13 states and the District of Columbia have passed clean slate laws since 2018. These include Pennsylvania (2018); Utah and New Jersey (2019); Michigan (2020); Connecticut, Delaware, and Virginia (2021); California, Colorado, Oklahoma, and D.C. (2022); Minnesota and New York (2023); and Illinois (2025). 

Clean slate laws in these 13 states and D.C. provide a second chance to millions of people through two types of relief: automatic and petition-based record sealing. Automatic record sealing creates equitable access by placing the onus on the state to review criminal histories and clear records that meet statutory requirements. This data-driven process regularly scans statewide databases for eligible records—typically those belonging to individuals who have remained crime-free for at least three years and have only nonviolent misdemeanors or arrests without convictions. The automatic process eliminates red tape, removes the need for legal representation, and bypasses administrative or legal fees. By offering thousands of people a greater chance at employment, these laws improve reentry outcomes and reduce recidivism. Full-time employment provides financial stability and a consistent routine, encourages pro-social connections, and covers necessities such as housing, food, and transportation.

If an individual is ineligible for automatic record clearing, they must petition the state to request that their record be sealed. While petition-based sealing procedures are available in these 13 states and D.C., many jurisdictions have created complex pathways for record clearance. In addition to meeting specific eligibility criteria based on criminal history, the process often requires completing all sentences—including parole or probation—and navigating waiting periods of five, seven, or 10 years for eligible violent felonies.

Clean slate laws vary by state, and most exclude certain violent crimes from clearance, including sex crimes, felony domestic violence, human trafficking, child abuse, and terrorism-related crimes. Due to these legal complexities, petition-based clearance often necessitates paying for legal representation and court fees. The process also requires prosecutorial review; if a district attorney’s office objects, a hearing before a judge is required, introducing a degree of judicial discretion. Consequently, petition-based sealing comes with more caveats and requirements, resulting in only a small percentage of eligible individuals successfully sealing their records. 

However, clean slate statutes are a critical step toward criminal justice reform and a purposeful embrace of real second chances. These laws are becoming a critical component of both the economy and public safety; if someone cannot secure employment, housing, or an occupational license, they and their families are likely to remain in poverty, lacking the resources to achieve economic independence. Studies indicate that stable employment is one of the most effective ways to reduce criminal behavior and recidivism rates.

Furthermore, as the labor market shifts and the baby boom generation retires, individuals with criminal records can fill critical job openings. Employment makes communities safer, and clean slate policies remove barriers to economic opportunities that strengthen families, the broader economy, and public safety while reducing recidivism. As bipartisan record-sealing efforts expand to states such as Maryland, Missouri, North Carolina, Kentucky, Massachusetts, Rhode Island, and Texas, three policy recommendations should be considered.  

First, if a state has legalized recreational cannabis or decriminalized marijuana, it should pass automatic record clearance for those convicted prior to the change in law. Such state-level efforts would be a small step toward repairing the racially discriminatory implementation of the “war on drugs,” which has disproportionately undermined Black and Latino families and communities. Anecdotal evidence increasingly shows the positive impact sealing criminal records has on individuals and families. 

Second, states with existing clean slate policies should revisit their eligibility lists to expand the types of criminal histories qualified for automatic sealing. States should consider a wider range of criminal histories for automatic record clearance, including all misdemeanors and nonviolent felonies. Studies show that expanding automatic record sealing improves public safety alongside the economic well-being of individuals and communities. State legislators should view these second chances as an investment in public safety, increased workforce participation, and economic justice. 

Third, because current clean slate laws apply only to state-level records, federal proposals such as the Clean Slate Act and the Fresh Start Act have been introduced to address the gap. These bipartisan bills are designed to clear certain federal convictions and provide states with federal funding to improve the technological infrastructure required to support large-scale record-clearance efforts.

A clean slate allows eligible individuals to reenter society without the weight of barriers and ostracization. Those disenfranchised by a flawed system are ready to contribute. They just need a second chance.