Resources for Journalists and Media Outlets

Nearly all states have a record clearance process. The terminology varies from state to state, with sealing, expunging, and clearing being among the most commonly used terms. While each term has distinct legal meanings and criteria, they are often used interchangeably, and they all broadly describe the same process: restricting public access to arrest and conviction records.

The eligibility criteria for record clearance varies by state - yet typically hinges on factors like record or conviction type, time elapsed, and completion of sentencing.

In most states, the onus is on the individual to initiate the process, which often requires:

• Awareness of the process and personal eligibility for record clearance;
• Filing a petition with a court;
• Attending court proceedings, potentially taking time off of work;
• Hiring an attorney;
• Navigating bureaucratic processes; and,
• Monitoring record clearance to verify that the appropriate agencies have accurately updated records in accordance with the court's orders.

The process is inefficient and burdensome for most people. As a result, less than 10 percent of those eligible for relief actually receive it.

Clean Slate laws streamline record clearance by automating the process and shifting the burden to the state to ensure everyone who is eligible for record clearance receives it. Doing so alleviates the strain on court resources and removes the socioeconomic barriers to accessing record relief.