S. 1580: Clean Slate Act of 2025

The Clean Slate Act of 2025 aims to automatically seal certain federal criminal records after specific conditions are met. Here’s a breakdown of the bill’s key components:

Definition of Covered Individuals

A "covered individual" is defined as a person who:

• Is not a registered sex offender.
• Has been either:
  • Arrested for a federal offense without being convicted, or
  • Convicted of a nonviolent federal offense related to marijuana, provided they have completed all terms of their sentence.
• Has not been convicted of serious crimes such as treason, terrorism, or national security offenses.

Automatic Sealing of Records

The bill mandates that:

• Upon conviction of a nonviolent marijuana offense or other specified offenses, records will be sealed automatically one year after the individual completes their sentence, including terms of imprisonment and probation.
• Records of arrests not leading to charges will be sealed automatically after 180 days if no charges are filed.
• Records of individuals who are acquitted will also be sealed automatically within 60 days.

Effects of Sealing

When a record is sealed:

• The sealed record is generally not accessible to the public, and individuals do not need to disclose the existence of sealed records to most inquires.
• Exceptions exist for law enforcement and specific employment situations (like law enforcement positions or roles that require security clearances).
• Individuals whose records are sealed may access their own information.

Sealing Petitions

Individuals may also petition to seal records of certain nonviolent offenses after fulfilling their sentence.

• A procedure is established for individuals to file petitions, including notices from the court about the potential for sealing.
• Courts will conduct hearings on petitions, allowing evidence from both the petitioner and the prosecutor.
• The burden is on the government to prove that the public’s interest in maintaining access outweighs the individual’s interest in sealing the record.

Reporting and Oversight

The bill requires:

• Annual public reports from each district court summarizing the number of sealing petitions filed, granted, or denied.
• These reports must not identify individuals but must include data disaggregated by race, ethnicity, and gender.

Employer Immunity

Employers who hire individuals with sealed records are granted immunity from liability for misconduct related to the sealed portions of those records.

Implementation and Rulemaking

The Attorney General is directed to create rules to ensure records are sealed automatically under this law. Additionally, partnerships may be established to develop efficient processes for managing sealed records.

Applicability

The provisions apply to arrests or convictions that occurred before or after the enactment of this bill, requiring the sealing of applicable records within two years of the law's enactment.

Relevant Companies

None found