PolicyBrief
S. 1580
119th CongressMay 1st 2025
Clean Slate Act of 2025
IN COMMITTEE

The Clean Slate Act of 2025 establishes automatic and petition-based sealing of certain federal criminal and arrest records for individuals who have completed their sentences for nonviolent offenses or were never convicted.

Lisa Blunt Rochester
D

Lisa Blunt Rochester

Senator

DE

LEGISLATION

Federal 'Clean Slate' Bill Automatically Seals Records for Nonviolent Marijuana Offenses and Acquittals

The Clean Slate Act of 2025 is aiming to clear the decks for people with old, nonviolent federal records. This bill establishes two major pathways for sealing federal criminal records, focusing heavily on rehabilitation and removing employment barriers caused by past mistakes or even just past arrests.

First, the bill mandates automatic record sealing for several groups. If you were arrested for a federal crime but never charged (and the government doesn't file charges within 180 days), that arrest record seals automatically. Same goes if you were acquitted or exonerated—your record seals within 60 days. The biggest change here is that it also automatically seals records for anyone convicted only of a federal nonviolent marijuana offense (like simple possession) one year after they complete their entire sentence, including probation and supervised release. This is a massive step toward addressing the lasting consequences of minor drug convictions, particularly those that are no longer socially or legally viewed the same way.

The Automatic Clean-Up: Who Gets Relief?

This automatic sealing provision is designed to be a lifeline for people who’ve paid their debt to society for minor offenses. It’s important to note the strict boundaries: this only applies to federal nonviolent marijuana offenses. If your offense involved any other drug, or if you were convicted of a serious drug distribution crime (like those under RICO or major kingpin statutes), you’re excluded. Similarly, if your record includes any violent crime—murder, aggravated assault, or anything involving the use of a firearm—you don't qualify for this automatic relief. For the average person, this means that old, low-level possession charge from years ago that keeps popping up on background checks could finally disappear, opening doors to better jobs and housing.

Petitioning for a Second Chance

The second pathway allows people with other types of nonviolent federal convictions to petition a court to have their records sealed one year after their sentence is complete. This is for those who don't qualify for the automatic sealing but still committed a “covered nonviolent offense.” When you file this petition, the burden of proof actually shifts to the government. The prosecutor must convince the judge that keeping your record public is more important than your need for rehabilitation and employment. This is a significant shift in the legal landscape, giving individuals a stronger footing in court.

To make this process accessible, the bill requires the Administrative Office of the U.S. Courts to create a universal, easy-to-use form and provide fee waivers for those who can’t afford it. The court must hold a hearing within 180 days, where you can testify about how you’ve turned your life around. If the court denies your petition, you have to wait two years to try again.

What “Sealed” Actually Means

When a record is sealed under this Act, you generally do not have to disclose it on job applications or other forms, protecting you from perjury charges. This is the core benefit: removing the stigma and legal liability of an old record. However, “sealed” doesn't mean “erased.”

There are important exceptions where disclosure is still required. If you are applying for a job in law enforcement, a position involving national security, or a job that handles controlled substances or explosives, you still have to disclose the sealed information. Law enforcement and court personnel can also access the sealed records for investigations or prosecutions. This means while the record is invisible to most civilian employers, the government keeps a record for specific, high-stakes scenarios. Agencies are granted significant, though somewhat vague, power to designate “high-risk or national security positions” that require access, which could limit the “clean slate” effect for people seeking certain specialized federal jobs.

Finally, to track how effective and fair this system is, the bill mandates that federal courts publish annual reports detailing how many petitions were granted versus denied, broken down by race, ethnicity, gender, and offense type. This level of required transparency is crucial for ensuring the law is applied equitably across the board.