Clean Slate and Second Chance laws flip the old expungement model. Instead of requiring someone to hire a lawyer, petition a court, and pay fees, they direct courts and state agencies to seal or expunge eligible records automatically after set waiting periods. The person does nothing. The record stops appearing.
14 states plus Washington, D.C. now have laws like this, and with fair chance statutes layered across 37 states and 150-plus local jurisdictions, over 75% of the US population lives under some form of criminal history protection. Right now, three of the largest sealing waves in US history are running at the same time, and criminal databases are updating in waves rather than all at once. A record visible on a report you pulled in May can be legally sealed by July, with no notification to you.
Here's what's happening in Illinois, New York, and D.C., and what it means for your screening program. (For the national picture, see our Clean Slate overview; we've also covered Virginia's Clean Slate law and Philadelphia's fair chance rules.)
Illinois: 1.74 million records and a moving timeline
Governor Pritzker signed the Clean Slate Act (HB 1836) on January 16, 2026, making Illinois the 13th state to automate record sealing. Missouri has since become the 14th, so 14 states plus D.C. now run programs like this. Advocates estimate around 1.74 million Illinois adults could see records partially or fully sealed. The rollout is phased, and the phasing is where employers get caught:
- June 30, 2026 (already in effect): expanded eligibility. Misdemeanor and qualified probation records can be sealed two years after completion of sentence, eligible nonviolent felonies after three, the drug-test requirement for sealing felony drug convictions is gone, and the bar on sealing additional felonies is lifted.
- January 1, 2029: automatic sealing goes live, run by the Illinois State Police and the circuit clerks with no petition or fees, working through the backlog of older records in phases, with the final wave completed by January 1, 2034.
Serious offenses stay visible, including Class X felonies, homicide, robbery, burglary, arson, kidnapping, DUI, sex offenses, and firearm-discharge offenses. For state detail, see our Illinois compliance guide.
New York: batch sealing through 2027
New York's Clean Slate Act (CPL 160.57) has been live since November 16, 2024, and the courts have until November 16, 2027 to seal every eligible pre-existing conviction. That sealing is being carried out in stages as the courts work through the backlog before the November 2027 deadline: a candidate who showed three convictions on a 2023 report might lawfully show one, or none, today. That's not a data error. It's the law working as designed.
Eligible misdemeanors seal three years after sentencing or release, felonies after eight, provided the sentence is complete, nothing is pending, and no new conviction resets the clock. Sex offenses and most non-drug Class A felonies stay visible, and roles legally requiring fingerprint-based checks (work with vulnerable populations, for instance) keep fuller access. Details in our New York compliance guide.
Washington, D.C.: expungements ramping now
D.C.'s Second Chance Amendment Act took effect March 1, 2025, with the automatic provisions ramping from January 1, 2026. Offenses that were decriminalized or legalized, including simple marijuana possession before February 15, 2015, are being actively expunged now; eligible misdemeanors seal after a 10-year wait. New qualifying cases must be processed within 90 days, and the older backlog clears by roughly October 2027. Records you could access last year may no longer exist in any reportable form. See our D.C. compliance guide.
What to do about it
Criminal history data now has a shelf life, and it varies by jurisdiction. Five moves:
- Stop relying on old report copies. Revisiting a decision months later, especially in these three jurisdictions, means ordering a fresh, compliant report, not reaching for a saved PDF.
- Keep adverse action current, and treat sealed records as off-limits. The report behind any adverse action notice should be recent, and a record you previously accessed that has since been sealed can't be used or shared; involve counsel where a past decision rested on one.
- Update policies and brief your hiring managers. Disqualification criteria written before these laws need revisiting, and frontline teams should know that a record disappearing from a report is legally protected information, not missing data. Our guide to staying compliant beyond ban the box covers the policy side.
- Map roles with statutory exceptions. Positions involving children, vulnerable adults, or regulated sectors may qualify for fingerprint-based checks with fuller histories; document the basis with counsel.
- Use your screening partner as an early warning system, flagging sealing milestones as they land, with continuous monitoring as an option for sensitive roles.
How KRESS keeps your reports aligned with current law
One question matters: does the report you're acting on reflect what's reportable today, in every jurisdiction where your candidate has history? KRESS answers it with continuously updated sealed-record filtering against each state's latest rules, jurisdiction-aware reporting that knows the same offense can be reportable in one state and off-limits in another, and human verification on flagged records to catch partial sealing, appeal status, and overlapping cases.
Your background checks should reflect today's legal landscape, not last year's.
Frequently Asked Questions
What is a Clean Slate law and how does it affect background checks?
Clean Slate laws automate the sealing or expunging of eligible criminal records after set waiting periods. Records that were visible on a background check can become legally sealed without notice to the employer.
When does the Illinois Clean Slate Act take effect?
In phases. Expanded sealing eligibility took effect June 30, 2026; automatic sealing by the Illinois State Police begins January 1, 2029. The eligibility changes are already live, so employers shouldn't wait for full automation to adjust.
Can employers still see sealed records in New York?
For most hiring decisions, no. Limited exceptions exist for roles legally requiring fingerprint-based checks, such as work with vulnerable populations.
What if I already made a hiring decision based on a record that later gets sealed?
Don't make any new employment decision based on the old record, talk to employment counsel about your situation, and confirm your screening provider filters sealed information going forward. This is general guidance, not legal advice.
Not sure whether your reports reflect what's reportable today? Get a quote and we'll review your screening program against every jurisdiction where you hire.