Building Automatic Record Clearance Policies that Work

For the one in three adults in the US living with an old arrest or conviction record, a change in the law that cuts through red tape can yield a change in life outlook. Clean Slate laws—also known as automatic record clearance policies—are a pathway to clearing people’s records and opening doors to employment, housing, and other essential opportunities that might otherwise be closed. What makes these policies unique is their automatic, government-driven process, ensuring eligible individuals receive record clearance as soon as they qualify. 

But passing just any policy isn’t enough. For Clean Slate laws to deliver meaningful change, states must have the technical infrastructure and tools to transform words in a bill into real-word action. In other words, the government must be able to implement the law. In The Advocate’s Guide to Automatic Record Clearance, we highlight these best practices to help advocates draft effective legislation that takes government implementation into account and focus on key strategies to ensure these policies can deliver impact over the long term.

We’ve built these strategies over years of work in the field. Since 2019, Code for America’s criminal justice team and The Clean Slate Initiative have collaborated to design and implement automatic record clearance laws across the country. To date, 12 states have passed such laws. Our goal is to see them passed and implemented in all 50 states. 

Achieving this goal requires us to think about how to integrate best practices into Clean Slate policies as they’re being created. Drafting technically feasible policies may look different from state to state, but the best practices included in the guide apply across the board—making it a helpful resource for crafting Clean Slate policies in any state. 

The resource is a compilation of lessons we’ve learned over time and guidance that we know works, including:

The fundamental elements of automatic record clearance

Setting Clean Slate policies up for success means having a clear understanding of what automatic record clearance is, who the key actors involved in the process are, and how the steps of the process generally work.

Steps for determining eligibility for record clearance

One of the most important steps in the automatic record clearance process is determining which records are eligible. The success of automated eligibility determination relies on two key factors: where the data is stored and how comprehensively it is stored. The best practices emphasize the need for agencies to have systems capable of accessing and using the data they have, as well as identifying alternatives when critical data is missing. 

Processes for shielding records from public view

Once eligibility is determined, the next step is for agencies to efficiently remove eligible records from public view. This process requires clear and coordinated steps across agencies. The best practices outline how government agencies should structure the process, including defining roles, responsibilities, and timelines.

Drafting, passing, and implementing a quality Clean Slate policy requires collaboration from a variety of stakeholders: people with records, advocates, legislators, government agencies, and anyone else who’s committed to moving beyond the status quo. By incorporating best practices like these, we can make automatic record clearance possible across the country—and unlock opportunities for millions of people to live fuller lives.