Clean Slate laws by state: automatic record sealing in 2026
Last updated: May 2026
Clean Slate laws are changing expungement strategy. In states with automatic record sealing, some people no longer need to file a petition at all. But automatic relief is not universal, and even in Clean Slate states many records still require attorney review or a court petition.
Quick answer
As of 2026, Clean Slate automatic sealing is active or moving forward in a growing group of states, including Pennsylvania, New Jersey, Michigan, California, Colorado, New York, Minnesota, Illinois, Virginia, and others. These laws usually seal eligible arrests, misdemeanors, and some felonies after waiting periods, but serious offenses and complicated records often still require a petition.
What Clean Slate actually does
Clean Slate means the state uses court and criminal-history data to automatically seal or clear eligible records after the legal waiting period. The goal is to remove eligible records from routine background checks without forcing people to hire a lawyer, pay a filing fee, or navigate old court paperwork.
The Clean Slate Initiative says states meeting its core criteria include automation, automatic sealing upon eligibility, arrest-record coverage, misdemeanor coverage, and preferably at least some felony eligibility. That does not mean every record is covered.
States with Clean Slate or automatic sealing
| State | Status | What to know |
|---|---|---|
| Pennsylvania | Active | First Clean Slate state. Many non-convictions, summary offenses, misdemeanors, and some lower-level felonies may seal automatically or by petition. |
| New Jersey | Active | Clean Slate expungement can clear an entire eligible record after a waiting period; New Jersey also eliminated many filing fees. |
| Michigan | Active | Automatic set-aside covers many qualifying convictions after waiting periods, with limits on offense type and number of convictions. |
| California | Active | California automatic relief covers many eligible arrests and convictions under recent record-relief laws, with serious exclusions. |
| Colorado | Active / expanding | Colorado has automatic sealing for qualifying records and additional marijuana-related relief. |
| New York | Effective, automation phased in | New York Clean Slate became effective in 2024; eligible misdemeanors and felonies seal automatically after waiting periods once implementation is complete. |
| Minnesota | Passed | Minnesota has Clean Slate-style automatic relief for qualifying records, with details depending on offense and implementation rules. |
| Illinois | Passed 2025 | Illinois joined the Clean Slate movement in 2025 while already maintaining broad expungement, sealing, and cannabis relief pathways. |
| Virginia | Passed / implementation evolving | Virginia has expanded sealing and expungement reforms; implementation details and effective dates matter. |
| Washington | Partial automatic relief | Washington has automatic and streamlined marijuana-vacate relief plus petition-based vacate options. |
States where filing is still usually required
Many high-volume expungement states still rely mostly on petitions, court filings, agency forms, or fee waivers. These states can still be very favorable for record clearing — they are just not fully automatic.
- Florida
No broad automatic Clean Slate law. FDLE certificate and court petition usually required.
- Texas
Expunction and nondisclosure are mostly petition-based and highly disposition-specific.
- Georgia
Record restriction is generally request/petition-based, with some automatic handling for non-convictions.
- Ohio
Sealing and expungement generally require court application.
- Arizona
Set aside and sealing generally require application; cannabis expungement has separate rules.
- North Carolina
Expunction is mostly petition-based, with some automatic relief for dismissed/not-guilty charges.
- Indiana
Second Chance expungement is petition-based and has a 365-day filing-window issue.
- Maryland
Maryland expungement is primarily petition-based, with some shielding and automatic/non-conviction rules.
- Massachusetts
Massachusetts sealing and expungement usually require petition or administrative request.
- Missouri
Missouri expungement is petition-based under RSMo 610.140; DWI convictions are excluded.
When Clean Slate is not enough
- Your record is not eligible for automatic sealing because of offense type, grade, or waiting period.
- The state system missed your case or the court record has incomplete disposition data.
- You need relief faster than the automatic waiting period.
- You have records in multiple counties or multiple states.
- You are applying for licensing, immigration, security clearance, or a fingerprint-based job.
How to check whether your record was automatically sealed
- Pull your state criminal-history report or court docket.
- Check whether the case still appears in public court search.
- Compare the disposition and waiting period against your state guide.
- If the record should be sealed but still appears, contact legal aid or an expungement attorney.
- If you are job-searching now, run a private background check on yourself before applications.
Frequently asked questions
What is a Clean Slate law?
A Clean Slate law automatically seals or clears eligible criminal records after a waiting period, without requiring the person to file a petition. Eligibility varies by state and often excludes violent, sex, and serious felony offenses.
Do I still need a lawyer if my state has Clean Slate?
Sometimes. Automatic sealing helps only records that qualify and are correctly identified by the state system. You may still need legal help for ineligible records, missed automatic sealing, felony petitions, licensing issues, or FBI/background-check follow-up.
Does Clean Slate erase my record?
Usually no. Most Clean Slate laws seal records from public view rather than physically destroying them. Courts, law enforcement, and certain agencies may retain access depending on state law.