Second Chances Embody Conservative Values: The Case for Clean Slate
Conversations surrounding reforms to the justice system often focus on punishment and rehabilitation, but what happens after someone has served their time, remained out of trouble, and is still paying the debt of old mistakes?
Too often, an arrest or conviction record becomes a life sentence, creating barriers to employment, housing, and education that make it nearly impossible to rebuild a life. This is where the concept of "Clean Slate" comes in — a policy approach that automates the sealing of eligible records for those who have remained crime-free, unlocking opportunities for millions of Americans who are trapped in the system.
Employment plays a huge role in building a life beyond a past mistake. When someone has a job, they are less likely to turn back to crime out of desperation. Clean Slate helps break this cycle, opening doors to jobs for people who might otherwise be turned down for them.
Clean Slate is great for employers, too. Faced with labor shortages, a growing number of employers are recognizing the untapped potential of formerly incarcerated individuals as dedicated and hardworking employees. Clean Slate removes a significant barrier to hiring this talent pool, benefiting both businesses and individuals seeking a second chance.
This is more essential than policymakers realize. The Congressional Budget Office recently noted that the United States will have more deaths and births among the native-born population in 2033. With immigration levels expected to be lower than previously projected, the pool of available workers will be smaller. We’re already seeing this play out. According to the Bureau of Labor Statistics, there were 953,000 more job openings in November 2024 than unemployed workers actively looking for jobs. We have an entire population of people, the formerly incarcerated and individuals with a record, who are either unemployed or underemployed simply because they’ve been judged by the worst day in their life.
It’s important to note that Clean Slate doesn't compromise public safety. Law enforcement retains access to sealed records, ensuring they have the information necessary to make informed decisions. Additionally, once someone has been crime-free for a few years, they have reached what researchers call the "point of redemption," meaning the person is no more likely than anyone in the general population to commit a crime.
Support for automatic record sealing policies nationwide has grown in recent years — 12 states have now passed Clean Slate legislation that meet The Clean Slate Initiative’s policy criteria — and that groundswell of support has trickled up to Congress, too.
We saw the introduction of federal Clean Slate legislation in 2023 and 2024, and expect to see it reintroduced in 2025. Federal legislation is particularly important, because it sets the tone for legislation at the state level, and addresses a wide gap in record sealing: Currently, there is no standard process to seal federal records. There are very limited avenues for someone to clear a federal record, like when an arrest or conviction was found to be invalid or a clerical error was made, but those opportunities are comparatively rare. Even the federal pardon process — which is different from record clearance because the pardon simply “forgives” the crime — does not seal a person’s record. Therefore, even for those who are able to receive a federal pardon, their record can still be a barrier, blocking access to housing, employment, education, and more.
Ultimately, Clean Slate acknowledges that past mistakes should have consequences, but those consequences shouldn't be a permanent roadblock to a better future. By providing a pathway to opportunity, Clean Slate not only offers a second chance to individuals but also strengthens communities and promotes a safer society for all.
Republican lawmakers have a unique opportunity in 2025: They can build the momentum of Clean Slate — a popular policy that works — by championing the legislation at the state and federal levels, and play a leading role in unlocking opportunities for millions of Americans, boosting our economy, and making our communities safer.
In a recent panel discussion hosted by Due Process Institute, advocates and stakeholders shared how Republican lawmakers can champion economic growth and public safety by supporting federal second chance legislation. The conversation also covered how Clean Slate is a commonsense, data driven policy that is directly in line with conservative values. Watch the recording for a deeper dive into this topic.