Clean Slate Laws: 2026 Mid-Year Update
The Basics
Location: Nationwide
Type: Clean Slate
Summary
Clean slate laws continue to reshape the criminal background screening landscape for employers. These laws generally provide for the automatic sealing, expungement, or restricted reporting of eligible criminal records after specified waiting periods and other statutory conditions are met. For employers, the practical impact is significant: records that may have been reportable in prior years may no longer be legally available or usable in employment decisions.
As of mid-2026, clean slate activity remains active across the country, with several states implementing or expanding record-relief frameworks and others considering new legislation.
Year-to-Date Clean Slate Updates by State
-
Connecticut: Connecticut’s Clean Slate erasure program has encountered implementation delays, but provides for erasure of most misdemeanor convictions after a 7-year waiting period and certain felony convictions, including Class D, Class E, and qualifying unclassified felonies, after a 10-year waiting period. Timing is generally measured from the person’s most recent conviction, provided sentence requirements are satisfied and no statutory exclusions apply.
-
Illinois: Illinois’ Clean Slate Act took effect June 1, 2026. The law expands and streamlines sealing procedures, including automatic sealing for certain eligible records, but automated sealing is not scheduled to begin until 2029.
-
Maine: Maine’s current petition-based sealing law took effect in 2024 and allows eligible individuals to request sealing of certain conviction records for specific offenses committed before January 30, 2017. In 2026, Maine considered LD 1911, which would have created an automatic sealing process for certain criminal history records; however, the bill was vetoed on April 24, 2026, and the veto was sustained on April 29, 2026, meaning the proposed automatic sealing framework did not become law.
-
Missouri: Missouri saw significant clean slate activity in 2026. SB 1421, which provides automatic expungement for certain eligible drug possession and related nonviolent records, was signed by the governor on July 9, 2026, with the effective date still to be determined by the Office of State Courts Administrator and the Department of Public Safety. Other broader proposals introduced this year, including SB 1494/SB 854, would have created automatic expungement for certain eligible offenses beginning in 2029, but have not been enacted as of mid-year.
-
New York: New York’s Clean Slate Act continues its phased implementation. Automatic sealing is scheduled to begin in November 2027, with eligible misdemeanor convictions generally sealed after 3 years and eligible felony convictions generally sealed after 8 years following release from incarceration or sentence completion, subject to exclusions for Class A felonies and other serious offenses.
-
Oklahoma: The state enacted HB 3316 in 2022 to establish an automatic expungement framework, with implementation originally expected in 2025. In May 2026, SB 2030 revised the implementation timeline by requiring the Oklahoma State Bureau of Investigation to establish a free online expungement request portal by November 1, 2026, and to implement an automated expungement process by November 1, 2027.
-
Virginia: Virginia’s clean slate framework went into effect July 1, 2026. Automatic sealing for convictions applies to a defined list of lower-level offenses with offense dates on or after January 1, 1986 (including certain misdemeanor larceny, shoplifting, trespass-related, misdemeanor marijuana distribution, and disorderly conduct offenses) generally after seven years without a new disqualifying conviction.
-
Washington, D.C.: Washington, D.C. adopted record-sealing and expungement reforms affecting certain eligible records, including marijuana-related offenses. Although the Second Chance Amendment Act was enacted in 2022, the automatic sealing and expungement provisions are not yet in effect. Employers can monitor the District of Columbia Courts' website for updates.
Additional jurisdictions to monitor include states with enacted Clean Slate, automatic record-clearing, or limited automatic expunction frameworks such as California, Colorado, Delaware, Michigan, Minnesota, New Jersey, North Carolina, Oregon, Pennsylvania, and Utah, as well as states with active or emerging reform efforts. For example, Kentucky considered SB 290, Maryland considered HB 360 (Clean Slate Act), and Massachusetts continues to consider S.1114.
What Does This Mean for Employers?
Clean slate laws may limit public access to certain criminal records, but they do not always override separate legal, licensing, or regulatory obligations that apply to specific industries or roles. Employers in regulated sectors such as healthcare, childcare, financial services, transportation, education, government contracting, and other security-sensitive environments should assess how clean slate restrictions may interact with applicable industry-specific mandates.
Employers should not assume that a record remains reportable simply because it appeared on a prior background check. If a record has since been sealed or expunged, it may no longer be legally available or usable in an employment decision. Employers should also exercise caution when a candidate self-discloses a sealed or expunged record and use that information only when legally permitted.
Recommendations
Employers should review their organization’s policies, procedures, and processes with legal counsel to support continued compliance with evolving criminal background check and clean slate laws, including confirming that criminal history is considered only when legally permissible, at the appropriate stage of the hiring process, and in a manner consistent with federal, state, and local requirements.
Please note: The information provided above is strictly for educational purposes. It is not intended to be legal advice, either expressed or implied. Accurate Background recommends that you consult with your legal counsel regarding all employment regulations.