Clean Slate Act Proposes Automatic Federal Record Sealing for Some, Petition Path for Others

The Clean Slate Act of 2025 is a proposed federal law aiming to give people a fresh start by sealing certain federal criminal records. If this bill becomes reality, some records – like those for specific non-violent marijuana offenses (think simple possession under Section 404 of the Controlled Substances Act) or arrests that didn’t lead to a conviction – would be automatically sealed after a set period, typically one year after a sentence is completed or 180 days after an arrest if no charges are filed. For other "covered nonviolent offenses," individuals could petition a federal court to seal their records, also generally one year after finishing their sentence. The main idea is to make it easier for folks with these past federal records to get jobs, find housing, and move on with their lives by limiting who can see that history.

Automatic Refresh: Who Gets Their Federal Record Sealed Without Asking?

This part of the bill, outlined in Section 3560, is like hitting a reset button for certain federal records, no paperwork required from the individual. So, who’s covered? We’re talking about "covered individuals" – generally, people who aren't registered sex offenders (as defined in Section 111 of the Adam Walsh Child Protection and Safety Act) and haven't been convicted of super serious stuff like treason or terrorism. This automatic sealing applies if you were:

• Arrested for a federal offense, but never actually convicted (maybe the charges were dropped or you were acquitted). Your record would get sealed within 60 days of acquittal, or if charges weren't filed within 180 days of your arrest. (Though, a heads-up: the government can ask to unseal arrest records if they decide to file charges later, as per Section 3560(b)(3).)
• Convicted of a non-violent federal marijuana offense, specifically under Section 404 of the Controlled Substances Act (which deals with simple possession), or other federal non-violent marijuana offenses (with marijuana defined as per Section 102 of the Controlled Substances Act). Once you’ve completed your entire sentence (including any probation or parole), the clock starts, and after one year, these records are slated for automatic sealing under Section 3560(b)(1). The bill defines "nonviolent offense" by listing what isn't nonviolent – so things like murder, kidnapping, aggravated assault, and sex offenses are out, as detailed in Section 3560(a)(3).

Need a Clean Slate? How to Petition the Court

What if your situation doesn’t fit the automatic sealing criteria? Section 3560A offers another route: petitioning a court. An "eligible individual" can ask a U.S. district court to seal their record for a "covered nonviolent offense" one year after they’ve completed their sentence. To be eligible under Section 3560A(a)(2), you can't have more than two felony convictions for these types of nonviolent offenses, no other felony convictions at all, and again, no convictions for things like treason or terrorism. "Covered nonviolent offense" here has a similar list of exclusions as in the automatic sealing part. The process involves filing a "sealing petition." The court then notifies the U.S. Attorney’s office (who then notifies victims, if any), and a hearing is usually held within 180 days, as outlined in Section 3560A(c). At the hearing, the judge weighs the public's interest in knowing about the record against your rehabilitation and interest in getting it sealed. Importantly, Section 3560A(d)(2) says the government has the burden to prove why the public's interest outweighs yours. If your petition is denied, you’d have to wait two years to try again for the same offense (Section 3560A(e)). To make this accessible, the bill calls for a universal petition form and a way for folks who can’t afford fees to get them waived (Section 3560A(f)). Plus, the court would appoint a lawyer to help petitioners (Section 3560A(i)).

So It's Sealed... What Does That Actually Mean for Background Checks and Privacy?

Okay, so a record gets sealed. What changes? According to Section 3560(c), a sealed record becomes pretty inaccessible to the general public. For most everyday situations, like applying for many jobs or apartments, it shouldn’t pop up on a background check. And, generally, you wouldn’t be committing perjury if you don't disclose the sealed offense, with some key exceptions. However, and this is a big "however," "sealed" doesn't mean "vanished into thin air." There are key exceptions outlined in Section 3560(c)(2) and Section 3560(d). Law enforcement agencies and courts can still access these records for investigations, prosecutions, or specific background checks for sensitive positions. These include jobs related to national security, "high-risk public trust positions," or roles involving firearms, explosives, ammunition, or controlled substances. So, if you're applying to be a police officer or for a federal job with a security clearance, that sealed record might still be visible to them. The bill also makes it a punishable offense (fine and/or up to a year in prison under Section 3560(e)) if someone with authorized access improperly discloses sealed information.

The Fine Print: Rollout, Employer Perks, and Keeping Score

A few other important details are tucked into this bill. First, it’s meant to be retroactive (Section 3560(f)(2)). That means people with qualifying arrests or convictions from before the bill passes could also benefit. The Attorney General would have two years to get all those older records sealed automatically if they qualify. This could mean a bit of a wait for some folks. The AG is also tasked with setting up rules for how this automatic sealing will work (Section 3560(f)(1)). There’s also a notable provision for employers: they get immunity from liability for misconduct by an employee if that misconduct is related to a sealed record (found in Section 3560(g) and Section 3560A(k)). For example, if an employer hires someone whose minor theft conviction was sealed, and they weren't aware of it due to sealing, they might be shielded if that employee later steals from the company. This is likely intended to encourage hiring, but it's a point to watch. Finally, to track how this is all working, each district court would have to publish an annual public report under Section 3560A(j). This report will show how many sealing petitions were filed, granted, or denied, and whether the U.S. Attorney supported or opposed them. Crucially, this data will be broken down by race, ethnicity, gender, and the type of offense, offering some transparency on who is benefiting from the petition process.