Several states are enacting new record-clearing laws in 2025, giving individuals the opportunity to have eligible criminal records sealed or expunged. These reforms will affect background screening practices, making it crucial for employers to stay updated on compliance requirements.
Minnesota’s Clean Slate Act
Starting January 1, 2025, Minnesota will begin automatically clearing qualifying criminal records, including petty misdemeanors, misdemeanors, gross misdemeanors, and specific felonies. The law applies retroactively, meaning past offenses that meet eligibility criteria will be removed from background checks.
Waiting periods vary by offense type:
- Petty misdemeanors and misdemeanors: 2 years
- Gross misdemeanors and select felonies: 3–5 years
To be eligible, individuals must remain conviction-free during the waiting period; any new offenses reset the clock.
Virginia’s Enhanced Record Sealing Law
Effective July 1, 2025, Virginia will begin automatically sealing certain misdemeanor convictions and dismissed charges, covering offenses like petit larceny, disorderly conduct, and misdemeanor marijuana violations.
Key aspects of the law include:
- A 7-year waiting period without additional convictions for most offenses.
- Immediate eligibility for sealing marijuana-related offenses.
These updates align with Virginia’s ongoing criminal justice reforms.
Washington, D.C.’s Second Chance Amendment Act
Washington, D.C., is rolling out expanded criminal record relief under the Second Chance Amendment Act, with full implementation by January 1, 2026. Key provisions include:
- Automatic expungement of offenses that have been decriminalized or legalized, such as marijuana possession.
- Sealing of misdemeanor convictions 10 years after sentence completion.
- Retroactive expungement of marijuana possession records by January 1, 2025.
Colorado’s Clean Slate Expansion
Colorado first introduced its Clean Slate Act in 2022, and as of July 2025, the law will expand to automatically seal:
- Non-convictions, including arrests without charges, dating back to January 1, 2022.
- Misdemeanor arrests after 18 months and felony arrests after 3 years if no charges were filed.
Serious crimes such as murder, sexual assault, and kidnapping will remain ineligible.
Employer Guidance
As more states adopt clean slate policies, staying informed and adjusting hiring practices will be essential for legal compliance and fair employment practices.
Employers should review their hiring policies to ensure they align with expungement and record-sealing updates. It is also essential to train HR teams on these legal changes and ensure that hiring decisions comply with protection for sealed records. Additionally, businesses should audit their background check processes to verify compliance with state-specific regulations.
GIS is your trusted partner in navigating these evolving legal requirements. If you have any questions regarding your background screening practices or need assistance ensuring compliance with new expungement and record-sealing laws, please don’t hesitate to contact us.
