Center for American Progress

Bipartisan Momentum Is Growing for Automatic Record Sealing Through the Clean Slate and Fresh Start Acts
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Bipartisan Momentum Is Growing for Automatic Record Sealing Through the Clean Slate and Fresh Start Acts

Even after serving their time, millions of Americans carry an arrest or conviction record that makes it hard for them to access a second chance to rebuild their lives. Congress should pass automatic record-sealing legislation to unlock second chances, boost economic mobility, and improve public safety.

The Capitol Building at sunset
The U.S. Capitol Building is seen at sunset, June 21, 2025, in Washington. (Getty/Kevin Carter)

Nearly 1 in 3 adults in the United States has an arrest or conviction record. In theory, once individuals have served their sentence and fulfilled their obligations to society, they should not be locked out of a second chance to rebuild their lives and contribute to their communities. However, for many people with a record, that second chance remains elusive. Even after they have served their sentence, far too many individuals continue to encounter barriers to accessing employment, housing, education, health care, and other opportunities essential for personal and professional growth. Regardless of how minor or how long ago the offense occurred, a criminal record can become a lifelong barrier—effectively turning a completed sentence into a permanent punishment. These barriers not only affect record-holding individuals themselves but also can impede the economic growth and public safety of their communities.

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Background checks put up barriers

94%

of employers use background checks when hiring.

National Consumer Law Center, "Broken Records Redux" (2019).

90%

of landlords use background checks for housing applications.

National Consumer Law Center, "Broken Records Redux" (2019).

72%

of colleges and universities use background checks for prospective students.

Criminology, "Criminal records and college admissions: A modified experimental audit" (2019).

While most states have provided opportunities for some form of record relief, their efforts only apply to state records. Today, there is virtually no mechanism for people to have their federal records sealed. However, members of Congress are working together, across the aisle, to unlock opportunities for millions of people through an automatic record-sealing measure, the Clean Slate Act of 2025. If passed, the Clean Slate Act would implement the first federal record-sealing mechanism for low-level conviction records, including eligible nonviolent federal marijuana records. In general, records become eligible to be automatically sealed one year after a person has completed the requirements of their sentence. The bill also includes provisions that would:

  • Automatically seal an arrest record that resulted in an acquittal, exoneration, or no charges filed.
  • Create a court petition process to seal records for eligible nonviolent offenses.
  • Allow the courts to provide public defenders to low-income petitioners to assist with filing petitions to seal their records.
  • Protect employers from legal liability in an employee’s future misconduct when the conduct pertains to a sealed record.

Automatic record sealing has already taken off at the state level, with much success. Today, 13 states and jurisdictions—including Pennsylvania, Utah, Michigan, Virginia, Delaware, New York, and Washington, D.C.—have passed their own clean slate measures, and collectively, have provided automated record relief to millions of people with state records. To support the ongoing state efforts, Congress has reintroduced the Fresh Start Act of 2025, which would establish a federal grant program through which states could apply for funding to improve their automatic record-sealing systems.

Both the Clean Slate Act and the Fresh Start Act are transformative pieces of legislation that recognize that a past mistake should not become a life sentence of closed doors and lost opportunities. They not only would modernize the process for sealing an old arrest or conviction record, helping break down unnecessary barriers to reentry that far too many people face, they also would help strengthen communities and promote stable societies. The reintroduction of these measures comes at a monumental moment in which the country needs policies that will enhance the quality of life for all and have lasting, positive impacts. Automatic record sealing would achieve this in four key ways.

1. Automated record sealing creates opportunities for economic mobility

Research shows that job applicants with a record are 60 percent less likely than applicants without a record to receive a callback for an open position. Despite their qualifications, millions of people, solely because of their record, are unable to access stable employment for which they otherwise would be qualified. Studies find that keeping so many people out of the workforce forfeits roughly $78 billion to $87 billion in U.S. gross domestic product (GDP) annually.

Automated record sealing strengthens the nation’s economy by removing barriers to workforce participation and allowing qualified individuals to reenter the labor market. Stable employment leads to upward mobility, giving people an opportunity to contribute to their communities and participate in their local economies through increased consumer spending and tax contributions. The policy not only benefits individuals with a record but also ensures they can provide for their families and improves the collective prosperity of their entire communities.

2. Automated record sealing benefits businesses

Studies show that the unemployment rate for people with a conviction record is nearly 30 percent, compared with 4.2 percent for the general public. At a time when the United States is facing an ongoing labor shortage, sealed records can broaden the pool of qualified talent to meet workforce needs, as well as improve company performance outcomes. Research by the SHRM Foundation found “85 percent of human resource (HR) professionals and 81 percent of business leaders report that individuals with [a record] perform the same as, or better than, employees without [a record].”

Other studies have found that the turnover rate for people with a record is around 12 percent lower than that of the general population. Higher retention not only lowers company recruitment costs but also strengthens loyalty, resulting in higher-quality output overall. Sealed records not only benefit the affected individuals but also provide a chance for businesses to improve their outcomes through well-qualified candidates, who otherwise may be overlooked solely because of their record.

3. Automatic record sealing improves public safety

Automatic record sealing measures enhance public safety by removing many of the barriers that often prevent individuals with a record from fully reintegrating into society. When people are given the opportunity to clear eligible records, they have a much better chance of gaining access to stable employment, quality housing, education, and other critical factors that reduce the likelihood of recidivism and encourage law-abiding living. Furthermore, research shows that individuals who receive record expungement are not only less likely to reoffend but also are more likely have lower subsequent crime rates than the general public. By promoting economic stability and social inclusion, record-sealing laws help break cycles of poverty and incarceration, ultimately leading to safer, more resilient communities.

4. Automated record sealing has bipartisan support

At a time when the country is enduring much political division, opportunities for collaboration across the political aisle can often seem few and far between. However, with the bipartisan reintroduction of both the Clean Slate Act and the Fresh Start Act, both Democratic and Republican federal lawmakers have sent a powerful message that automatic record-sealing policy transcends partisan interests and reflects the shared values of fairness, public safety, and economic opportunity. Support for these measures is not only an opportunity to advance solutions that will improve lives and strengthen communities nationwide, but it is also a signal of Congress’ commitment to working across the aisle toward a more safe and just nation for all.

With bipartisan support and growing momentum across the country, now is the time for all members of Congress to come together and pass automatic record-sealing measures. Legislation such as the Clean Slate Act and the Fresh Start Act can eliminate unnecessary barriers to reentry and provide millions of Americans with a fair chance to rebuild their lives. Passing these bills is both a matter of justice and a forward-looking investment in the nation’s economic strength, workforce potential, and public safety.

The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. American Progress would like to acknowledge the many generous supporters who make our work possible.

Author

Akua Amaning

Director, Criminal Justice Reform

Team

Criminal Justice Reform

We focus on developing policies to shrink the justice system’s footprint, improve public health and safety, and promote equity and accountability.

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