Making Second Chances a Reality: The Importance of Clean Slate Implementation

Imagine that you are living with an arrest or conviction record, but you completed your sentence and you have worked hard for years to rebuild and move toward a better future — only to find that your old record still stands in your way. 

For 70 - 100 million people in America, this is their reality. Even after doing everything the legal system orders them to do, their past records remain a permanent obstacle to stability — putting barriers in the way to housing, employment, volunteer opportunities, and even education.

This is where Clean Slate laws come in: Clean Slate’s automated record sealing helps ensure that eligible individuals can have their records sealed without the red tape, giving them a true second chance at life.

Clean Slate is a proven, safe approach. States that have already implemented Clean Slate policies have demonstrated that automated record sealing works accurately and effectively, without compromising public safety. Research shows that people who remain crime-free for a certain period are no more likely to commit a crime than anyone else in the general population. Clean Slate policies recognize this reality while maintaining the necessary checks and balances to ensure fairness and security.

The Clean Slate Initiative works to pass Clean Slate laws around the country. But we know that passing these laws is just the beginning. Effective implementation is crucial for real change.  As The Clean Slate Initiative (CSI)’s Implementation Director, it’s my job to help states successfully implement their Clean Slate laws. I’ve been working on Clean Slate since the early stages of the movement — before coming to CSI, I was part of the coalition that implemented the nation’s first Clean Slate law in Pennsylvania. 

Here’s a step-by-step, high-level look at what it takes to implement Clean Slate successfully, based on the lessons we’ve learned since Clean Slate began in 2018:

Step 1: Sealing Records Automatically & Efficiently

Traditional record sealing requires individuals to navigate a complex petition process — one that few successfully complete. Clean Slate laws shift this burden onto the government, creating an automated sealing process for records that are eligible under the law. This approach recognizes that if millions of people are eligible to have their old record sealed, a manual process simply won’t work.

The golden rule for a technically feasible Clean Slate law is that eligibility should depend on data that can be analyzed using automated processes. CSI and our partners at Code For America work with state advocates to draft these implementable policies. By designing laws that align with existing state criminal databases, records can be identified and sealed efficiently, ensuring that those eligible actually benefit from the law.

Code for America's recent guide, The Advocate’s Guide to Automatic Record Clearance, highlights best practices to help advocates draft effective legislation that takes government implementation into account and ensures long-term impact. The top-level takeaway is: Clean Slate policies should be designed for automation, giving states the tools to transform words in a bill into real-word action.

Step 2: Clearing Background Checks & Breaking Barriers

Even after a record is sealed, the challenge isn’t over. Employers, landlords, and universities often conduct background checks — 94% of employers, 90% of landlords, and 72% of colleges and universities use them to screen applicants. If sealed records still appear, they continue to create barriers. 

Additionally, over 44,000 federal, state, and local laws create legal barriers for individuals with records, especially in employment. Clean Slate laws should limit access to sealed records in background checks, ensuring that past mistakes do not unfairly dictate a person’s future.

Step 3: Spreading the Good News

Can you fully take advantage of a second chance if you don’t know you have one? Notification is a critical piece of Clean Slate implementation. People should have easy, immediate access to their updated records, along with clear guidance on what it means to have their record sealed. They should know when they can legally say “I have no record,” who still has access to their record, and what they should do if they encounter an error.

Providing record sealing notification through direct outreach, public awareness campaigns, and online portals empowers people to fully embrace their new opportunities.

Alongside our partners, CSI is committed to ensuring effective implementation nationwide. The goal is simple: ensure that every eligible person has their record sealed automatically, is aware of it, and can confidently pursue a future without unnecessary barriers.