Clean Slate Laws and Employment Verification: 2026 Update
Clean Slate laws automatically expunge or seal eligible criminal records, affecting what appears on background checks. Over 10 states have enacted such laws, with more considering them. For HR teams conducting background screening, understanding Clean Slate is essential—relying on records that have been expunged can create legal risk and unfair outcomes. This guide covers how Clean Slate laws affect employment verification and background checks in 2026, and what HR teams need to do to stay compliant.
What Are Clean Slate Laws?
Clean Slate laws automatically clear or seal certain criminal records after eligible individuals meet criteria (e.g., time since conviction, no new offenses). The goal: give people with old, minor convictions a fresh start without the lifelong burden of a record. States vary in eligibility—some cover only certain offenses, others have waiting periods. Some laws apply retroactively; others only to new convictions. The result: records that previously appeared on background checks may no longer be available or reportable.
Impact on Employment Verification
Employment verification focuses on work history—previous employers, dates, titles, responsibilities. Clean Slate primarily affects the criminal record component of background checks, not employment verification. However, many employers run employment verification and criminal checks together. If your screening process relies on criminal records, Clean Slate changes what you'll see. Records that were there last year may be gone this year. Ensure your process doesn't assume criminal records are static.
Using Accredited CRAs
Consumer reporting agencies that provide criminal records receive updates from courts and databases. Accredited CRAs should reflect expungements—when a record is sealed or expunged, it should no longer appear in reports. Use CRAs that have processes to receive and apply these updates. Outdated or non-compliant CRAs may report records that are no longer legally reportable, creating liability for you.
State-by-State Variation
Clean Slate provisions vary by state. Pennsylvania, Utah, Connecticut, and others have enacted laws. Eligibility criteria differ: which offenses qualify, how long the waiting period is, whether the law is retroactive. Some states have similar "expungement" or "sealing" laws that aren't called Clean Slate but have similar effects. If you hire across multiple states, understand each state's provisions. Work with legal counsel to ensure your screening process aligns with the jurisdictions where you operate.
Best Practices for HR
Don't assume criminal records are permanent. Use CRAs that stay current on expungements. Review your screening criteria: are you considering records that may no longer be reportable? Train hiring managers on Clean Slate—they shouldn't be surprised when reports look different. Document your process. Employment verification and criminal checks are related but distinct; ensure your verification vendor stays current on evolving legislation for both.
Key Takeaways
Clean Slate laws automatically expunge or seal eligible criminal records. The impact is primarily on criminal checks, not employment verification. Use accredited CRAs that receive expungement updates. State provisions vary—understand the jurisdictions where you hire. Don't rely on records that may have been expunged. Stay current as more states adopt Clean Slate or similar laws.
