The Clean Slate Act of 2025 establishes automatic and petition-based sealing of certain federal criminal records for individuals who meet specific criteria related to nonviolent offenses and completion of their sentences.
Lucy McBath
Representative
GA-6
The Clean Slate Act of 2025 establishes new federal rules for automatically sealing certain criminal records, particularly for nonviolent marijuana offenses or arrests that did not result in conviction. It also creates a process allowing individuals convicted of specific nonviolent federal offenses to petition the court to seal their records after completing their sentences. Once sealed, these records are generally inaccessible, promoting rehabilitation, though exceptions exist for law enforcement and specific background checks.
The Clean Slate Act of 2025 is a major piece of federal legislation designed to give millions of Americans a genuine fresh start by automatically sealing certain criminal records. Essentially, this bill tackles the lifetime penalty that follows a person long after they’ve served their time, making it easier to land a job, secure housing, and move forward.
This bill creates two pathways for automatic record sealing, which is the game-changer here because it doesn't require endless court filings. First, if you were arrested for a federal offense but never convicted—maybe the charges were dropped or you were found not guilty—those records get sealed automatically. If the government waits 180 days after an arrest without filing charges, the arrest record seals itself. If you were acquitted, it seals in 60 days. This is huge for people who were caught up in the system but ultimately cleared; it means their job applications won't be derailed by an old arrest record.
The second automatic seal applies to convictions for nonviolent federal marijuana offenses. If you were convicted under the Controlled Substances Act, your record must be sealed one year after you complete every part of your sentence—that means prison, probation, and supervised release all have to be finished. This is a direct response to the changing landscape of marijuana laws and focuses on giving people back their lives after paying their debt to society. The bill specifies that once sealed, you can legally deny the existence of that offense on most federal forms without fear of perjury.
For individuals with other types of nonviolent federal convictions that don't qualify for the automatic seal, the bill creates a new petition process. If you have a "covered nonviolent offense" (which excludes things like murder, robbery, sex offenses, or crimes involving firearms), you can ask the court to seal your record one year after finishing your sentence. You can’t have more than two of these nonviolent felonies to qualify.
Here’s where the bill flips the script: In the court hearing, the government now carries the burden of proof. They have to convince the judge that the public interest in keeping your record public outweighs your need for rehabilitation. This shifts the power dynamic significantly, recognizing that the goal of the justice system should be successful re-entry. The law also mandates that the court must provide a universal, easy-to-use form for filing these petitions and offer public defenders to those who need representation, making the process accessible instead of just theoretical.
When a record is sealed, it’s mostly gone, but not entirely. For the average employer or landlord, the record is invisible. This is backed up by a provision that protects employers from liability if they hire someone whose record was sealed under this law and that person later causes misconduct related to the sealed history. That protection removes a major hurdle for businesses looking to hire.
However, there are necessary exceptions. Law enforcement and court personnel can still access sealed records for investigations or prosecutions. More importantly for job seekers, if you are applying for a sensitive position—like a job with a federal law enforcement agency, a national security clearance position, or a job handling explosives—the sealed records can still be accessed for that specific background check. Furthermore, you are still required to disclose the sealed information if you are testifying in court or being questioned by law enforcement during a subsequent criminal investigation. It’s a clean slate for everyday life, but not an erasure when national security or a new crime is involved.
One detail that policy wonks will appreciate is the mandatory reporting requirement. Every federal district court must publish an annual report detailing how many sealing petitions were granted versus denied, and whether the U.S. Attorney’s office supported or opposed them. Crucially, this data must be broken down by race, ethnicity, and gender. This ensures that the courts are applying the new law fairly and consistently, giving the public—and future policymakers—a clear look at how the "clean slate" is actually working on the ground.