Thirteen states seal records automatically. None of them write to tell you.

Where Clean Slate exists

Pennsylvania was first, in 2018. Utah followed in 2019, Michigan in 2020, Connecticut, Delaware and New Jersey in 2021, Oklahoma, Colorado, Virginia and Oregon in 2022, then New York and Minnesota in 2023. California has automatic-relief elements under SB 731.

Washington DC began automatic expungement in January 2026, covering arrest records without conviction, some misdemeanours after ten years, and decriminalised or legalised offences including certain marijuana offences. Virginia's automatic expungement took effect in July 2026 after a delay, covering some felonies after ten years and misdemeanours after seven. Oklahoma's HB 3316 came into full effect during 2026.

What typically qualifies

• §Dismissals, acquittals and cases where charges were never filed — usually the easiest category and the one most people do not realise applies to them.
• §Deferred adjudications that ended in dismissal.
• §Misdemeanours after a waiting period. Michigan sets seven years for most; Minnesota two years after discharge for petty and most misdemeanours; Pennsylvania ten years for qualifying misdemeanours.
• §Some non-violent felonies after a longer period. Minnesota sets five years after discharge for some; Virginia ten years.
• §Decriminalised offences, particularly marijuana possession, often with no waiting period at all.

Why sealing alone does not fix your background check

1. 01Sealing binds the court, not a commercial databaseThe order restricts the court's copy and usually the state repository. The screening company bought the record earlier, in bulk, and holds its own copy in another state.
2. 02Nobody notifies the screening companiesThere is no registry of sealings they subscribe to, and no obligation on the court to tell them.
3. 03So they keep selling itUntil you serve a written FCRA dispute. A sealed record cannot lawfully be reported, so the dispute is strong — but somebody has to file it.
4. 04And it can come backBecause they re-buy court data continuously. Which is why correction needs to be a standing process rather than a single letter.

How to find out whether you have already been sealed

1. 01Order your official state criminal historyFrom your state police or bureau of investigation. This is the authoritative record of what your state currently shows, and it is where sealing becomes visible.
2. 02Separately request your file from the screening companiesFree under FCRA § 609. Checkr, Sterling, HireRight, First Advantage and Accurate Background at minimum.
3. 03Compare the two documentsIf your state history shows the record sealed and a screening company is still reporting it, you have found exactly the gap this area of law fails to close — and you have a disputable FCRA violation.