Clean Slate Act of 2025
- Bill Number
- H.R. 3114
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-04-30: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-12-05T21:47:52Z
AI-Generated Summary
Purpose of the Legislation
The Clean Slate Act of 2025 aims to promote rehabilitation and reduce barriers to employment and reintegration for individuals with certain federal criminal records by mandating automatic sealing of records for non-violent, low-level offenses (especially marijuana-related) and providing a petition process for sealing other non-violent convictions. Sealing hides records from public view without fully erasing them, helping people move forward after completing their sentences.
Key Provisions
- Automatic Sealing (Section 3560):
- Applies to "covered individuals," defined as those who are not sex offenders (per federal law defining sex crimes requiring registration) and have no convictions for treason, terrorism, or national security offenses.
- Covers:
- Arrests for federal offenses where charges are not filed within 180 days (sealed automatically then; can be unsealed if charges are later filed).
- Acquittals, exonerations, or cases not resulting in conviction (sealed within 60 days).
- Convictions for simple possession of controlled substances (under 21 U.S.C. § 844) or any federal non-violent marijuana offense (non-violent means no murder, assault, robbery, sex crimes, weapons use, etc.); sealed 1 year after fully completing the sentence (imprisonment, probation, supervised release, and all conditions).
- Sealed records are inaccessible to the public and cannot appear in most background checks; individuals do not have to disclose them (except in court testimony, law enforcement questioning, or specific high-risk jobs like law enforcement or firearms handling).
- Law enforcement and courts can access sealed records only for investigations, prosecutions, or background checks in sensitive roles (e.g., national security positions or jobs involving explosives/controlled substances).
- Penalties for unauthorized access or disclosure: Fine, up to 1 year in prison, or both.
- Applies retroactively to past arrests/convictions; the Attorney General must seal eligible old records within 2 years.
- Employers hiring someone with sealed records are immune from lawsuits if the employee's misconduct relates to the sealed offense.
- The Attorney General must create rules for automatic sealing processes; partnerships or grants will develop technology for efficient sealing and limited law enforcement access.
- Petition-Based Sealing (Section 3560A):
- For "eligible individuals" convicted of "covered non-violent offenses" (federal crimes excluding violent acts like murder, kidnapping, arson, sex offenses, or weapons possession; no limit on misdemeanors but caps felonies at 2 non-violent ones, with no violent felonies or national security convictions).
- Eligible people can petition a federal district court 1 year after completing their sentence.
- Courts must notify potentially eligible people at conviction and sentence completion about the process and benefits.
- Process:
- Petition notifies prosecutors and (optionally) witnesses; prosecutors notify victims (defined as those harmed by the crime under federal law).
- Court holds a hearing within 180 days (waivable if agreed); petitioner and prosecutor can present evidence; magistrate judges can handle hearings with judge review.
- Court weighs public safety/government needs (e.g., for licenses) against the person's rehabilitation and harm from an unsealed record (e.g., job barriers); government bears the burden to oppose sealing.
- If denied, no refiling for 2 years.
- Universal form for petitions (online/paper); fee waivers for low-income people; public defenders appointed if needed.
- Same effects as automatic sealing (inaccessible to public, no disclosure required except in specified cases).
- Annual court reports on petitions granted/denied, by race, ethnicity, gender, and offense type (anonymized).
- General Rules:
- Does not affect a judge's power to vacate (cancel) a conviction separately.
- Automatic sealing does not require a petition.
Significant Changes to Existing Law
- Amends Title 18 U.S. Code (federal criminal procedure) by adding new sections 3560 and 3560A, introducing automatic sealing for qualifying arrests and marijuana/simple possession convictions—previously, federal records were rarely sealed automatically and often required individual petitions or expungement (full erasure, which is limited to very specific cases like government errors).
- Shifts burden to the government to justify keeping records public in petition cases, unlike prior laws where individuals often had to prove eligibility without opposition rights.
- Expands protections against disclosure in perjury/false statement laws (e.g., 18 U.S.C. §§ 1001, 1621) and background checks, which were not uniformly addressed federally before.
- Adds retroactive application and tech mandates, requiring proactive federal action (e.g., Attorney General rulemaking) not present in scattered state-level "clean slate" laws.
Potential Impacts
- On Citizens: Individuals with eligible records (millions affected retroactively, especially from drug offenses) could face fewer barriers to jobs, housing, education, and licenses, aiding economic stability and reducing recidivism. Victims are notified in petitions but have no veto power.
- On Government Agencies: Federal courts and the Department of Justice (DOJ) must implement new processes, hearings, notifications, and tech systems, potentially increasing workload and costs (offset by grants for digital tools). Law enforcement gains structured access for safety needs but faces penalties for misuse. Annual reporting promotes transparency on equity (e.g., racial disparities in sealing).
- On International Relations: No direct impact; focuses on domestic federal records.
Main Stakeholders Affected
- Individuals with Records: Primary beneficiaries (covered/eligible people, often from non-violent drug cases) gain privacy and opportunities; excludes serious offenders.
- Federal Courts and DOJ: Handle petitions, hearings, sealing, rulemaking, and reporting; Administrative Office of U.S. Courts develops forms and waivers.
- Law Enforcement and Prosecutors: Limited access to sealed records for investigations; must notify victims and bear opposition burden in hearings.
- Employers: Protected from liability for hiring based on sealed records, encouraging broader hiring.
- Crime Victims: Receive notice of petitions, allowing input but not decision-making.
- Non-Profit/Tech Organizations: Eligible for contracts/grants to build sealing systems.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens privacy rights under federal law by limiting record access, aligning with rehabilitation goals in sentencing (e.g., 18 U.S.C. Chapter 227). Penalties deter misuse but allow judicial discretion to vacate convictions separately. Potential challenges if sealing conflicts with state laws or specific federal restrictions (e.g., firearms bans), though exceptions preserve those.
- Constitutional: Respects due process via hearings and burden-shifting; no apparent free speech or equal protection issues, as it applies uniformly but reports on disparities to monitor fairness. Retroactivity could raise ex post facto concerns but targets procedural sealing, not punishment.
- Political: Advances criminal justice reform amid marijuana decriminalization trends, reducing collateral consequences of convictions without undermining public safety (e.g., exclusions for violence). Bipartisan introduction signals broad support, but implementation costs and law enforcement access may spark debate on balancing reform with accountability.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Rep. Moran, Nathaniel [R-TX-1], Rep. Sykes, Emilia Strong [D-OH-13], Rep. McBride, Sarah [D-DE-At Large], Rep. Moore, Barry [R-AL-1], Rep. Bell, Wesley [D-MO-1]
Recent Actions
- 2025-04-30: Referred to the House Committee on the Judiciary.
- 2025-04-30: Introduced in House
- 2025-04-30: Introduced in House
Bill Versions
- Clean Slate Act of 2025 — issued 2025-04-30 — PDF (22 pages)