Steps Ahead for Second Chances: How D.C.’s Clean Slate Law Is Shaping a Better Future

When it comes to sealing old arrest and conviction records, Washington, D.C. has been stuck in the past — until now. In 2022, thanks to the tireless efforts of local advocates like DC Justice Lab, D.C. passed a Clean Slate law, the Second Chance Amendment Act, that provides petition based and automated sealing of eligible arrest and conviction records. The law marks a critical turning point in the fight for second chances in The District.

While D.C. is known as a progressive city, its record relief laws have been out of step with its reputation. Until recently, D.C. had one of the most complex and restrictive record relief laws in the country. It limited relief to only a few misdemeanors and non-convictions, required long waiting periods for eligibility, and imposed burdensome record-sealing procedures. On top of this, 1 in 7 District residents has some sort of record, making record relief a very meaningful issue to Washingtonians.

Having a record prevents people from accessing necessary resources such as housing, jobs, and educational opportunities – the very resources people need to achieve sustained economic mobility. Research shows that nearly 7 in 10 people with a felony conviction said that having a record made it more difficult to get a job, and nearly 6 in 10 said it was more difficult to find housing. Even arrest records that did not lead to a conviction can limit callbacks for employment.

We at DC Justice Lab helped to draft this law and advocated for its passage through the D.C. Council. We are very proud that District residents now have a record relief law that is easier to understand and allows for automated sealing and expungement for certain eligible records, something that was not possible under the prior law. According to The Clean Slate Initiative, as a result of this law, an estimated 95,000 people are eligible for full or partial clearance, getting an opportunity for a second chance at life without an old record weighing them down.

While this is positive news, we must stay vigilant about a couple of things. First, we need to keep an eye on the implementation of the law to ensure it works as intended. For instance, we found an unintentional timing gap in the law that delays relief for people with certain records until 2027, even though under the old law, those same records would already be eligible to be sealed. We advocated for a legislative fix to this issue, which has since been addressed.

Second, while this Clean Slate law is an important step forward, more must be done to expand eligibility and provide record relief to more District residents. We will continue to advocate for improvements to the law, such as allowing every person with a record to have an opportunity to ask the Court for relief, shortening the waiting periods for people to become eligible for record relief, and allowing at least one felony conviction to be eligible for automatic sealing.

We have made meaningful progress with the passage of the Second Chance Amendment Act. While we know that change is hard-won, we will continue fighting on behalf of D.C. residents with old records to help them get the record relief they deserve. With the growing national movement for Clean Slate laws, we hope that one day everyone who is eligible for record sealing will be able to receive the second chance they’ve earned.