Understanding the State of Automatic Criminal Record Relief

Possessing a criminal record can create many barriers and close doors to individuals seeking new opportunities to improve their lives. Problems with obtaining employment aren't uncommon for such individuals, and many efforts have taken place nationwide to expand opportunities for those with a record. Legislative efforts to offer individuals a "clean slate" have taken place across tha nation. While some criminal record sealing and expungement processes require a court petition or a legal motion, automatic record relief has grown to be an option in more states.

Employers may wish to know more about these laws to better understand what kinds of information may appear on a criminal history report and what information lies outside the realm of consideration.

Here, we'll take a look at what this process involves with a focus on adult conviction records. We’ll consider the general state of nationwide legislation and also how some specific states implement their laws. First, what is automated relief?

Automatic Criminal Record Relief Explained

For years, many states have offered some form of pathway to criminal record relief. The goal of these processes was to allow those who'd completed their sentences and remained out of trouble to leave their records behind in the past. However, these processes have typically been onerous, expensive, and time-consuming. Not everyone has the resources to retain a lawyer to make motions before a court or to follow a lengthy petition process.

Automatic criminal record relief is a process by which a relevant criminal record becomes publicly unavailable as soon as the record becomes eligible for expungement or sealing. There is generally no need for the individual to do anything in the process. Instead, the state handles the process and makes the record unavailable to those consulting public records. Most employers will not be able to see or consider these records. At backgroundchecks.com, we do not report expunged or sealed records to our customers.

Automatic relief can create fresh opportunities for individuals who may not have otherwise had access to such a process.

How Do States Differ on Record Relief?

States take a varied approach to how they decide which convictions should receive eligibilty for automatic relief. For example, in some states, changing laws related to cannabis consumption have driven the adoption of laws to mitigate the impact of certain drug-related convictions prior to legalization.

Other states may choose only to allow relief for misdemeanor crimes, or especially minor convictions. Some opt to tear down additional barriers to employment by making felonies, the most serious class of crime, eligible for automated relief. States often exclude convictions that could represent a danger to the public, such as violent felonies.

A Quick Overview of State Laws by Category

The following states make only cannabis-related offenses for relief:

• Illinois
• Missouri
• New Mexico
• Rhode Island
• Vermont

Next, there are states that allow relief for misdemeanors, but not felonies. These are:

• Oklahoma
• Pennsylvania
• South Dakota (specifically, minor misdemeanors only)
• Utah
• Virginia

Finally, some states provide relief for both misdemeanors and certain types of felonies. Eligible felonies may vary significantly between states, which include:

• California
• Colorado
• Connecticut
• Delaware
• Michigan
• Minnesota
• New Hampshire
• New Jersey
• New York

A Closer Look at How Some States Handle Clean Slate Laws

It’s clear that there are substantial differences between how states handle automatic relief. Let’s examine what the law says about this process in one state from each category to illustrate those variations.

Missouri

Missouri currently only provides automatic relief for cannabis-related offenses, but its law is quite broad in terms of who's eligible for such relief. Since December 8, 2022, the state has had an automated program in place to remove both misdemeanor and felony-level marijuana offenses. The law also includes relief for any cannabis-related crimes that would no longer be a criminal matter after the law's effective date.

Missouri aimed to expunge all misdemeanor cannabis offenses within six months of the effective date, with a deadline for felony records occurring at 12 months. The state set a few guidelines for eligibility:

• Individuals must no longer be in jail/prison or on probation or parole, or otherwise under Department of Corrections supervision.
• Felony offenders must have concluded their sentences.
• The conviction must not involve distribution to minors, violent conduct, or driving while intoxicated.

The Missouri law is a strong example of states that have aimed to undo harm caused by cannabis-related offenses with broad relief.

Pennsylvania

While Pennsylvania may only provide automatic relief for minor crimes, the categories of such eligible convictions are numerous. Pennsylvania's law includes the following types of convictions:

• Summary offenses (minor crimes considered separate from misdemeanors)
• Second and third-degree misdemeanors
• Misdemeanors not punishable by more than two years imprisonment
• Certain qualifying offenses under Pennsylvania drug laws

Whereas Missouri's waiting periods pertained only to how much time the state had to complete automatic relief, Pennsylvania's law includes specific waiting periods for those with convictions. Crime-free periods of time are a common measure of suitability for relief across states with clean slate laws. Some of the state's waiting periods include:

• Five years conviction-free for summary offenses.
• Seven years for crimes punishable by 1+ year of prison.
• Ten years for the eligible "qualifying offenses."

Individuals must also complete court cost and restitution payments. Pennsylvania defines may exclusions, including any individual convicted of most types of felonies. Sexually-related convictions also prevent an individual from accessing automatic relief.

California

California's clean slate provisions are among some of the broadest in the nation and has been in force with new amendments since October of 2024. Consider the wide scope of the state's approach, which makes the following types of convictions eligible:

• Infraction convictions
• Misdemeanors
• Most felonies (if convicted after January 1, 2005)

California has waiting periods like Pennsylvania and other states, but its timelines are much reduced compared to the others. For example, there is no waiting period for automatic relief whatsoever if an individual was sentenced only to probation and completed their term without issue. Other periods include:

• One year from the date of judgment for misdemeanors and infractions.
• Four years from the completion of supervision or probation for felony convictions.

The completion of one's sentence is a mandatory requirement to become eligible for expungement. Those currently serving an unrelated sentence and those with pending charges aren't eligible. California also excludes all individuals who must register as a sex offender, along with certain serious and violent felonies. The state's broad approach aims to maintain safety while also providing a second chance to as many former offenders as possible.

Monitor Legislative Changes and Stay Up to Date

Automatic criminal record relief can open doors for many individuals who've encountered barriers to employment as a result of a prior conviction. From states that only remove some cannabis-related convictions to states that provide broad relief opportunities, it's clear there are many different approaches to this process nationwide. For employers, an understanding of the law in the relevant jurisdictions is an important element of compliance considerations to ensure that they only make inquiries about legally-available records.

The future could hold additional developments in this space and the potential for the expansion of automatic relief into other states. States with existing laws could, in the future, amend their approach to broaden the impact of automatic relief. Stay up to date on legislation in your area as part of maintaining reliable, compliant screening policies.