January 15, 2025

Now that 2025 has begun, employers and employees can expect new Clean Slate laws to take effect soon. These laws will impact employment screening by reducing barriers to employment for individuals with criminal records. Clean Slate laws can offer a second chance for the over 70 million Americans with a criminal record.

These laws automatically seal or expunge eligible criminal records after a specified time without reoffending. By sealing or expunging these records, individuals will find more employment, housing, and educational opportunities becoming available to them. Adapting is crucial because the Clean Slate laws prohibit companies from considering sealed or expunged records during the employment process. Companies must also ensure that their application process adheres to any relevant regulations.

Many states will introduce or expand Clean Slate laws in 2025. For example, Minnesota’s Clean Slate Act took effect on January 1, 2025. This Act will automatically expunge records for eligible offenses, including qualified felonies and misdemeanors. Qualifying records must first complete a waiting period of two to five years before the automatic expungement takes place. Furthermore, the Clean Slate Act applies retroactively, assuring individuals with records that qualify before 2025 will become inaccessible in most background checks.

Similarly, Virginia’s Clean Slate law will take effect on July 1, 2025. In this case, the Act will introduce automatic sealing for select misdemeanor convictions, such as marijuana offenses. It will also mandate a seven-year waiting period for most eligible records.

At the same time, Washington D.C.’s Clean Slate became the Second Chance Amendment Act. This amendment would expunge marijuana possession records in January 2025. It would also seal other misdemeanor convictions on January 1, 2027, or after a 10-year waiting period.

Colorado implemented its Clean Slate Act in 2022. Recently, Colorado implemented expanded protections to include arrests without charges or completed diversions. These changes will take effect on July 1, 2025. However, the changes will exclude several serious crimes. 

Finally, New York’s Clean Slate Act took effect in November 2024. This Act intends to implement an automatic seal for most misdemeanor convictions and most felonies. The intent is to seal eligible misdemeanors within three years and eligible felonies within eight. However, New York’s Clean Slate Act is not in full effect yet. Lawmakers expect it to become fully effective by 2027. Like other Clean Slate Acts, this version excludes several serious offenses from automatic sealing.

Adapting to new compliance requirements and staying informed about state-specific changes is essential. Partnering with a trusted background screening partner could ease the transition into ensuring compliance with new and amended Clean Slate Acts.

Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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