It's Time For
The Clean Slate Act

The Clean Slate Initiative (CSI) celebrates the introduction of the Senate companion bill to H.R. 2930, The Clean Slate Act of 2023, sponsored by Sens. Rand Paul (R-KY) and Bob Casey (D-PA). The legislation represents a major bipartisan achievement, standing out amidst the heightened partisanship of election season.

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In introducing the Senate companion bill to the Clean Slate Act, Sens. Bob Casey and Rand Paul showcase a deep understanding of the far-reaching benefits of Clean Slate legislation. Beyond offering individuals a fair chance at redemption, Clean Slate policies catalyze economic growth and bolster our workforce.

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By removing barriers to employment and opportunity, Clean Slate legislation enables individuals to participate in our economy, driving growth and prosperity fully. So far, states have led the charge on automatic record sealing, and it's encouraging to see momentum building in Congress. Together, we can break down barriers to opportunity and ensure that those who meet the requirements and earn a second chance have a fair shot at building a better future for themselves and reaching their potential.

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There is currently no process for sealing federal arrest or conviction records, and the collateral consequences of having a record can be devastating for individuals, families, and communities. According to the Federal Criminal Case Processing Statistics Data Tool published by the Bureau of Justice Statistics, from 1998 - 2022,

• Over 1,000,000 people have been convicted of non-violent federal offenses;
• The federal government arrested but declined to prosecute more than 700,000 people; and
• Over 200,000 people have been prosecuted for a federal offense and not convicted.

The Clean Slate Act of 2023 proposes reforms that, if enacted, would unlock opportunities for individuals with records while enhancing public safety and economic prosperity. Key provisions include:  

• Automatic record-sealing for federal convictions of simple possession and non-violent offenses involving marijuana.
• Automatic sealing of arrest records within 180 days for individuals who were acquitted, exonerated, or had charges dismissed or never filed.
• A new petition process allowing individuals to request the sealing of records for other non-violent offenses not automatically sealed.
• Protections for employers from liability related to the misconduct of employees tied to sealed conviction records.
• The bill would not allow the sealing of sex offense records, records related to terrorism, treason, or other national security-related offenses, and records for people convicted of other violent crimes.

The federal proposal follows several years of sustained bipartisan momentum at the state level, with 12 states enacting Clean Slate legislation since 2018. As a result, over 14 million people are on the path to having a fully cleared record, according to CSI estimates.

Pennsylvania, Sen. Casey’s home state, was the first in the country to pass a Clean Slate in 2018. In Sen. Paul’s home state of Kentucky, a broad coalition of community partners continues to build support for Clean Slate legislation that could be considered during next year’s legislative session.

Additional Information and Resources

• CSI Resources for Journalists and Media Outlets, cleanslateinitiative.org/media
• CSI Federal Webpage, cleanslateinitiative.org/federal
• CSI Data Dashboard, cleanslateinitiative.org/data#dashboard
• CSI Frequently Asked Questions, cleanslateinitiative.org/faq

On the pervasive impact of arrest and conviction records.

A significant majority of employers (94%), landlords (90%), and educational institutions (72%) conduct background checks, leading to the widespread exclusion of people with records from opportunities to support themselves and their families and improve their lives.

An arrest or conviction record reduces a job seeker’s chance of getting a callback or job offer by nearly 50 percent.

There are more than 42,000 state and federal regulatory restrictions that limit the ability of people with a record to access meaningful opportunities to build a better life.

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Less than 10% of people get their records cleared within five years of becoming eligible.

Nearly half of children in the United States live in households where a parent or adult has faced a criminal charge, been convicted of a felony, or spent time in prison. This is roughly 33 – 36.5 million children.

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Record sealing expands the skilled workforce, allowing employers to fill positions that would have previously excluded candidates with past arrest and conviction records. Research indicates that wages can increase by over 22% in the first year following record clearance. Workers, and in turn families, benefit from meaningful and appropriate employment.

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The broader societal and economic impacts of excluding individuals with records from the economy are profound. The U.S. economy loses an estimated $78-87 billion annually due to reduced workforce participation by individuals with records.

Research also shows that when people have stable, good-paying jobs, they are much less likely to engage in illegal behavior.