Clean Slate Laws by State: Which States Automatically Clear Records (2026)
A comprehensive list of states with automatic expungement or record sealing laws. What Clean Slate means, what it covers, and what it does not do.
Clean Slate is the name given to laws that automatically expunge or seal criminal records after a waiting period — without requiring the person to file a petition. The idea is simple: if you have completed your sentence, stayed out of trouble for a set number of years, and your offense was not violent or sexual, the record should clear itself.
Pennsylvania passed the first major Clean Slate law in 2018. Since then, the movement has grown rapidly. As of 2026, more than a dozen states have enacted some form of automatic record clearing. But the details vary enormously — what qualifies, how long you wait, and what "automatic" actually means in practice.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What "automatic" actually means
When a state says records are "automatically" cleared, it does not mean the record vanishes the day you complete your waiting period. In practice, automatic means the state runs a process — usually quarterly or annually — that identifies eligible records and seals them in bulk. You do not have to file a petition. But there can be a gap between when you become eligible and when the system actually processes your record.
In some states, that gap is months. In others, it has been longer as courts build out the technology to support automatic processing. If you are in a Clean Slate state and your waiting period has passed, it is worth checking whether your record has actually been sealed — and if not, you can still file a petition manually to speed up the process.
States with Clean Slate laws
- Pennsylvania (2018) — the first major Clean Slate law. Automatically seals nonviolent misdemeanors 10 years after sentence completion with no new convictions. Also seals arrests without conviction after the statute of limitations expires. Codified at 18 Pa.C.S. 9122.2.
- Utah (2019) — automatically expunges certain misdemeanors and drug possession offenses after waiting periods of 5-7 years. Codified at Utah Code 77-40a.
- New Jersey (2019) — Clean Slate Act automatically expunges certain marijuana and hashish convictions. Separate from the broader petition-based expungement at N.J.S.A. 2C:52-1 et seq.
- Michigan (2020) — Clean Slate automatically sets aside qualifying misdemeanors after 7 years and felonies after 10 years. Up to 2 felonies and 4 misdemeanors can be cleared. MCL 780.621g.
- Connecticut (2021) — automatically erases records for most misdemeanors after 7 years and certain Class D and E felonies after 10 years. One of the broadest Clean Slate laws. Public Act 21-32.
- Delaware (2021) — automatically expunges certain misdemeanors after specified waiting periods. Title 11, Chapter 43 of the Delaware Code.
- Colorado (2022) — Clean Slate Act (HB 22-1266) automatically seals petty offenses and Class 2/3 misdemeanors 7 years after case closure. C.R.S. 24-72-706.
- Virginia (2021) — automatically seals certain misdemeanors after 7 years and certain nonviolent felonies after 10 years. Va. Code 19.2-392.12 et seq. Implementation has been phased.
- Oklahoma (2022) — Section 18 automatic expungement for certain nonviolent offenses after completion of sentence and waiting period. 22 Okla. Stat. 18.
- California (2022) — AB 1076 / SB 731 created automatic relief for eligible convictions upon completion of probation or sentence. Penal Code 1203.425.
- New York (2023) — Clean Slate Act automatically seals most misdemeanors 3 years after sentence completion and most felonies 8 years after sentence completion. Excludes sex offenses and Class A felonies.
- Minnesota (2023) — automatic expungement for certain petty misdemeanors and low-level offenses after completion of sentence. Minn. Stat. 609A.025.
- Maryland (2023) — automatic expungement for certain misdemeanors 3 years after case closure or sentence completion. Md. Code, Crim. Proc. 10-105.1.
- Oregon — Does NOT have automatic Clean Slate relief for adult criminal records. All set-asides require filing a petition under ORS 137.225. Juvenile records have separate automatic expungement rules under ORS 419A.262.
- Illinois — automatic expungement for qualifying arrests and certain low-level offenses through various statutory provisions, including the Cannabis Regulation and Tax Act for marijuana offenses. 20 ILCS 2630/5.2.
This list reflects laws enacted through early 2026. Several additional states have Clean Slate bills under consideration. Even in states with Clean Slate laws, the automatic process only covers specific offense categories — many convictions still require filing a petition.
What Clean Slate laws typically cover — and what they do not
- Nonviolent misdemeanor convictions after a waiting period (varies by state: 3-10 years)
- Arrests that did not result in conviction (often shorter waiting period or immediate)
- Low-level drug possession offenses
- Petty offenses, violations, and infractions
- Certain nonviolent felonies (in states with broader laws like Connecticut and New York)
- Marijuana-specific convictions in states that have legalized cannabis
Even covered offenses are only cleared after the full waiting period with no new convictions during that time.
- Sexual offenses or offenses requiring sex offender registration
- Violent felonies (murder, assault, robbery, kidnapping)
- Domestic violence convictions (varies by state)
- DUI/OWI/DWI convictions (most states exclude these)
- Class A felonies or the most serious felony classifications
- Offenses involving minor victims
- Cases where restitution, fines, or court costs remain unpaid
- Federal convictions (Clean Slate laws are state-level only)
If your offense is excluded from automatic clearing, you may still be able to file a petition-based expungement. Many states allow petition-based expungement for offenses that are not covered by their Clean Slate law.
States without Clean Slate laws
Most states still require petition-based expungement — you have to file paperwork with the court and go through a process. This is the majority of the country. In these states, your record does not clear itself no matter how much time passes. You have to take action.
Petition-based expungement is available in nearly every state, but the eligibility rules, waiting periods, and costs vary widely. Some states are generous — Indiana, Ohio, and Oregon have relatively broad petition processes. Others are restrictive — Wisconsin, for example, only allows expungement if the judge ordered it at the time of sentencing.
If your state does not have a Clean Slate law, do not wait for one to pass. Explore your options for petition-based expungement now. The free options guide covers all 50 states.
If you are in a Clean Slate state: what to do
- 1.Check whether your offense is covered. Clean Slate laws do not cover everything. Review the specific statute for your state to see if your offense category qualifies.
- 2.Verify whether your waiting period has passed. The clock starts from the date you completed your sentence (not your conviction date). Include probation, parole, and payment of all fines.
- 3.Check whether your record has actually been sealed. Run a background check on yourself or request your state criminal history to see if the automatic process has already cleared your record.
- 4.If the record has not been cleared yet, consider filing a petition. Most Clean Slate states also allow petition-based clearing, which is faster than waiting for the automatic process to catch up.
- 5.After your record is cleared, check commercial background check databases. Private companies may not update automatically. Send them a copy of the clearing order if needed.
The automatic process can be slow. If you need your record cleared for an imminent job or housing application, filing a petition is usually faster than waiting for the automatic batch process.
The bigger picture
The Clean Slate movement is one of the most significant criminal justice reforms of the last decade. Research consistently shows that people with criminal records who remain crime-free for a period of years pose no higher risk of reoffending than people without records. The records, at that point, serve only to prevent people from employment and housing — which actually increases the risk of recidivism.
Clean Slate laws recognize that reality. They are not soft on crime — they apply only after significant waiting periods with no new offenses. They are a pragmatic response to the fact that 70-100 million Americans have some form of criminal record, and the vast majority of them have moved on.
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