July 1st 2025: Clean Slate Vs. Set Aside Laws
Second Chances. Different Rules
What you miss can cost you. What you include can too.
Both law types are designed to help individuals move on from past criminal convictions, but they function differently. Clean Slate laws typically provide for the automatic sealing or expungement of certain criminal records after a set period, assuming eligibility criteria. For example, no new offenses and completion of a sentence are met. These laws aim to reduce barriers to employment and housing without requiring the individual to take action. In contrast, Set Aside laws require individuals to actively petition a court to have their conviction set aside or dismissed, usually after fulfilling specific conditions. While both can limit what appears on a background check, Clean Slate relief is often automatic and broader, whereas Set Aside relief is case-by-case and may still require separate expungement to fully remove the record from view.
Clean Slate Laws:
Expungement or Sealing of Records: Clean Slate laws typically focus on automatically expunging or sealing certain types of criminal records after a predetermined period of time has passed, especially for non-violent offenses.
Automatic Process: In some cases, Clean Slate laws establish an automatic process for the expungement or sealing of eligible records, meaning individuals do not need to petition the court for relief.
Broad Application: Clean Slate laws often apply to a wide range of offenses and may have fewer eligibility requirements
Set Aside Laws:
Judicial Discretion: Set Aside laws, also known as record sealing or expungement laws in some states, generally require individuals to petition the court to have their criminal records set aside or expunged.
Case-by-Case Basis: Set Aside laws typically involve a case-by-case review by a judge to determine whether a person's criminal record should be expunged or sealed.
Limited Eligibility: Set Aside laws often have specific eligibility criteria regarding the type of offense, the time elapsed since the conviction, and the individual's behavior since the conviction.
State Examples of both:
Infographic showing the development of clean slate laws across the U.S. since 2018
Currently, 12 states have enacted some form of Clean Slate Law or Set Aside Laws: California, Colorado, Connecticut, Delaware, Michigan, Nebraska, New Jersey, New York, Pennsylvania, Oklahoma, Utah, and Virginia. Advocacy groups are lobbying to add the remaining states.
More Information: The Clean Slate Initiative is a movement focused on automatically clearing eligible criminal records for individuals who have completed their sentences and remained crime-free. It aims to remove barriers to employment, housing, and education for millions of people by streamlining the process of record clearance and expanding eligibility. This initiative is a bipartisan effort working at both the state and federal levels to pass and implement laws that automate record sealing.
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DISCLAIMER
The information and opinions expressed are for educational purposes only and are based on current practice, industry-related knowledge and business expertise. The information provided shall not be construed as legal advice, express or implied.
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