As the landscape of criminal justice reform continues to evolve, clean slate laws are leading the charge in reshaping hiring practices across the US. With over 70 million Americans carrying a criminal record, these laws are designed to make it easier for individuals to reintegrate into society by automatically sealing or expunging certain criminal records. For employers, this shift presents both opportunities and challenges when it comes to employment screening. As new laws come into effect in 2025, it’s crucial to understand how to navigate the changes and stay compliant. 

What are Clean Slate Laws? 

Clean slate laws are designed to help individuals with criminal histories move forward by sealing or expunging records of certain convictions after a designated waiting period, often without requiring any action from the individual themselves. These laws automatically restrict public access to qualifying criminal records, reducing the barriers to employment and offering individuals a second chance at securing meaningful work. For employers, this means that some criminal records may no longer be accessible during background checks and hiring policies may need to be updated to reflect these changes. 

Key Updates for Employers

Several states will be implementing major updates to their clean slate laws in 2025, with new or expanded provisions aimed at improving access to employment for individuals with eligible criminal records. 

• Minnesota Clean Slate Act (Effective January 1, 2025)
  Minnesota’s Clean Slate Act introduces automatic expungement for certain misdemeanors, gross misdemeanors, and specific felonies. The law applies retroactively, meaning offenses recorded before its effective date may no longer show up on background checks. Employers in Minnesota will need to adjust their hiring processes to reflect these changes and ensure they are not considering sealed or expunged records.

• Virginia Record Sealing Reforms (Effective July 1, 2025)
  Virginia’s reforms focus on sealing certain misdemeanor convictions and dismissed charges, including violations such as petit larceny and marijuana offenses. With a seven-year waiting period for most offenses, employers in Virginia should update job applications and train hiring managers to comply with the law’s new restrictions on inquiring about sealed records.
  

• Colorado’s Clean Slate Act (Effective July 1, 2025)
  Colorado is broadening its Clean Slate Act to include arrests that did not result in charges. This means that records for arrests that were not followed by criminal charges will be sealed after a designated waiting period. Employers in Colorado should be mindful of these changes and ensure they are not making hiring decisions based on non-conviction records that are now protected.

• Washington D.C.’s Second Chance Amendment Act (Effective January 1, 2026) 
  Washington, D.C. is expanding its criminal justice reforms with automatic expungement for marijuana-related offenses and other decriminalized crimes. Employers in D.C. will need to align their hiring policies with the law’s timelines, as marijuana-related records will be expunged by 2025, while misdemeanor convictions will be sealed by 2027.

How to Prepare

As these laws continue to spread across the country, employers must take proactive steps to ensure compliance and promote inclusive hiring practices: 

• Review Hiring Policies: Exclude sealed or expunged records from consideration which may include updating job application forms and adjusting background check procedures. 

• Train Hiring Managers: It’s important that hiring managers understand the scope of clean slate laws and their implications on employment screening. Knowing which records can and cannot be considered during the hiring process is critical. 

• Stay Informed: Stay informed of jurisdiction-specific updates. What may be true today could change in the near future, so staying up to date and informed will ensure you’re hiring practices remain compliant.  

Adapting to a Changing Landscape 

Clean slate laws are part of a broader movement toward fairer, more equitable hiring practices. By staying informed and adapting to these legal changes, employers can help create a more inclusive workforce while remaining compliant with evolving regulations. At ClearChecks, we are committed to helping employers navigate these changes by offering up-to-date and compliant background screening solutions. Whether you are located in Minnesota, Virginia, Colorado or any other state implementing these reforms, we’re here to support you in maintaining compliance throughout your hiring process.