The "Clean Slate Act of 2025" establishes federal mechanisms for sealing criminal records, aiming to provide individuals with a fresh start. It mandates the automatic sealing of records for those arrested for a federal offense but not convicted, with sealing occurring 60 days after acquittal or 180 days if no charges are filed. Additionally, records for convictions under Section 404 of the Controlled Substances Act or for federal nonviolent marijuana offenses are automatically sealed one year after the individual completes their full sentence, provided they are not sex offenders or convicted of national security-related crimes. The bill also introduces a process for petition-based sealing for "eligible individuals" convicted of "covered nonviolent offenses," which specifically exclude violent crimes, sex offenses, and those involving firearms or explosives. An eligible individual must have completed their sentence, have no more than two nonviolent felony convictions, and no other felony or national security convictions. After one year post-sentence completion, they can petition a district court, which will notify prosecutors and victims. During the petition process, the court holds a hearing, balancing the public interest and government's need for accessibility against the petitioner's rehabilitation and interest in employment. The burden of proof is placed on the government to demonstrate why records should not be sealed. The bill ensures access to legal counsel for petitioners and requires the creation of a universal petition form and fee waivers for indigent individuals. Once sealed, records are generally inaccessible to the public and are not to be included in most background checks. Individuals are protected from perjury for not disclosing sealed information, except when testifying in court, during subsequent criminal investigations, or for specific employment types such as law enforcement or positions involving firearms or controlled substances. Law enforcement and courts retain access to sealed records for investigatory, prosecutorial, or certain high-security employment background check purposes. The Act applies retroactively to past arrests and convictions, with the Attorney General tasked to establish rules for automatic sealing and ensure all eligible records are sealed within two years. It also grants employer immunity from liability for misconduct related to sealed records, provided the misconduct relates to the sealed portion of the record. Furthermore, district courts are required to issue annual public reports detailing sealing petition outcomes, disaggregated by demographics, to ensure transparency.
The "Clean Slate Act of 2025" establishes federal mechanisms for sealing criminal records, aiming to provide individuals with a fresh start. It mandates the automatic sealing of records for those arrested for a federal offense but not convicted, with sealing occurring 60 days after acquittal or 180 days if no charges are filed. Additionally, records for convictions under Section 404 of the Controlled Substances Act or for federal nonviolent marijuana offenses are automatically sealed one year after the individual completes their full sentence, provided they are not sex offenders or convicted of national security-related crimes. The bill also introduces a process for petition-based sealing for "eligible individuals" convicted of "covered nonviolent offenses," which specifically exclude violent crimes, sex offenses, and those involving firearms or explosives. An eligible individual must have completed their sentence, have no more than two nonviolent felony convictions, and no other felony or national security convictions. After one year post-sentence completion, they can petition a district court, which will notify prosecutors and victims. During the petition process, the court holds a hearing, balancing the public interest and government's need for accessibility against the petitioner's rehabilitation and interest in employment. The burden of proof is placed on the government to demonstrate why records should not be sealed. The bill ensures access to legal counsel for petitioners and requires the creation of a universal petition form and fee waivers for indigent individuals. Once sealed, records are generally inaccessible to the public and are not to be included in most background checks. Individuals are protected from perjury for not disclosing sealed information, except when testifying in court, during subsequent criminal investigations, or for specific employment types such as law enforcement or positions involving firearms or controlled substances. Law enforcement and courts retain access to sealed records for investigatory, prosecutorial, or certain high-security employment background check purposes. The Act applies retroactively to past arrests and convictions, with the Attorney General tasked to establish rules for automatic sealing and ensure all eligible records are sealed within two years. It also grants employer immunity from liability for misconduct related to sealed records, provided the misconduct relates to the sealed portion of the record. Furthermore, district courts are required to issue annual public reports detailing sealing petition outcomes, disaggregated by demographics, to ensure transparency.