Statutory Summary
Every state has a procedure that allows some people with criminal records to clear them by petitioning a judge or court. These procedures, however, can be baffling and cumbersome. In many instances, people are never notified or instructed if, when or how their records can be cleared. Sometimes, the process is so complicated and the terminology so confusing that it requires hiring an attorney or paying expensive filing fees.
State lawmakers are increasingly interested in statutory provisions that automatically clear a person’s criminal record. While many states have laws allowing record relief, these laws typically require the individual to petition the court and pay a fee for clearing a criminal history. Making this procedure automatic, however, removes the need for a petition and is often done free of charge.
Currently, 25 states have at least one statutory automatic record clearing provision. California, Colorado, Connecticut, Delaware, Michigan, Minnesota, New Jersey, New York, Oklahoma, Pennsylvania, Utah and Virginia have enacted legislation that automates the automatic record clearing process, sometimes known as “clean slate laws.” This chart has information on states that have an automatic record clearing process in statute, including general eligibility requirements and the process by which the automatic record clearing process occurs. It also has information on states that automate their automatic process.
NCSL defines clean slate states as those that have both automatic record clearing and an automated process to do so. The Clean Slate Initiative maintains additional criteria for a state’s qualification as a clean slate state.
Using the Database
Learn more about clean slate legislation by exploring the 50-state statutory database.
This section of the database encompasses statutory law requirements only. It does not include non-statutory law such as case law, regulations or agency policy that may further impact the laws in each state.
The database can be navigated by using state and type filters. Text searching is available to search citations and notes. The map is also interactive and allows you to select multiple states to review—just hold down the control key to select more than one state. Use the clear all filters button at the bottom left to clear all filters and start a new search.