Category: New legislation

Clean slate expungement bill passes in Missouri

On May 15, the Missouri legislature gave bipartisan approval to a measure mandating automatic expungement of felony and misdemeanor drug possession convictions, and convictions for unlawful use of drug paraphernalia. If SB 1421 is approved by the governor, felonies will be expunged after three years without a new conviction, and misdemeanors will be expunged after one year.  A person is limited to three misdemeanor and two felony expungements under the bill, combined with existing expungement laws. The bill sets forth detailed provisions for its administration, both by the courts and by the state highway patrol.  It is to be effective “when technically feasible,” but “no later than January 1, 2027.” Since 2018, Missouri has provided for expungement by petition for a wide range of convictions, with some of the shortest waiting periods in the country.  In addition, in 2022 Missouri voters approved by ballot initiative one of the broadest marijuana relief laws in the Nation, legalizing possession of up to three ounces of marijuana, and at the same time authorizing expungement of more serious marijuana convictions and commutation of prison sentences imposed for crimes involving marijuana.  Missouri’s record clearing laws, including those approved in the 2022 balllot initiative, are described in detail in the Missouri profile from our Restoration of Rights Project. We will be back with further news when the governor takes action. Read more

Federal expungement for survivors of human trafficking

Until this year, there was no federal law authorizing expungement or sealing of a federal conviction.  That changed on January 23, 2026, when President Trump signed into law the Trafficking Survivors Relief Act (TSRA), 18 U.S.C. § 3771A.  The TSRA authorizes courts to grant record relief in the form of vacatur and expungement to survivors of human trafficking arrested or convicted of a nonviolent federal crime as a direct result of their being a victim of trafficking, defined as sex or labor trafficking under 22 U.S.C. 7102.  Our research indicates that this is the first time in our Nation’s history that expungement of a conviction record has been explicitly authorized in federal law. The only federal authority for expungement before enactment of the TSRA was the extremely narrow provision in the so-called Federal First Offender Act, 18 U.S.C. § 3607(a), which allows a person who is arrested for misdemeanor drug possession under 21 U.S.C. § 844 to avoid a conviction by participating in a program of deferred adjudication, as long as they have no prior drug conviction.  Upon successful completion of the program, the charges are dismissed and no conviction results.  Expungement is available for the resulting non-conviction record, but only if the person was under 21 at the time of the offense. See § 3607(c).  Other than this one very limited authority, until the TRSA there was no authority in federal law to expunge or seal even acquittals and other non-conviction records.  See Section III of the Federal profile from the Restoration of Rights Project. In authorizing relief for survivors of human trafficking, Congress joined the legislatures of all but three states that have enacted similar statutes — though the federal law is one of the more expansive ones.  In addition to authorizing expungement of records, the TSRA also provides a defense to criminal charges based on being a victim of trafficking, as well as an avenue for reduction of sentence. The federal statute is analyzed in detail in the final section of this post. CCRC will shortly publish a comprehensive report on record relief for survivors of human trafficking, analyzing state laws in detail and comparing their most salient features.  In the meantime, the Restoration of Rights Project describes and analyzes the trafficking record relief law in each state; the only states that have not enacted relief specifically for trafficking survivors are Minnesota, Alaska, and Iowa, and we expect Iowa to do so when its legislature reconvenes.   Detailed analysis of the Trafficking Survivors Relief Act: Record relief in the form of vacatur and expungement first became available for survivors of trafficking in 2026, following the passage of the Trafficking Survivors Relief Act (TSRA) (H.R. 4323). The TSRA was enacted on January 23, 2026, under Public Law No. 119-73. Congress declared the TSRA as “a first step to address the changing tactics of human traffickers, who are using forced criminality as a form of force, fraud, and coercion in their human trafficking enterprises,” and “committed to continuing to find solutions as needed to thwart human traffickers and protect survivors of human trafficking.”  Relief is available for convictions or arrests for a nonviolent offense, or arrests for a violent crime that did not involve a child victim, if committed as a direct result of being a victim of trafficking, defined as sex or labor trafficking under 22 U.S.C. 7102. § 3771A(b)(1). In addition to record relief, the TSRA added a defense to criminal charges based on being a victim of trafficking and provided an avenue for reduction of sentence.  A written motion may be filed with the sentencing court or with the district and division where the person was arrested. § 3771A(b)(2). The motion may be filed at any time, as the Act applies to “any conviction or arrest occurring before, on, or after the date of enactment of this section.” § 3771A(i). No fees may be charged to file a motion, and all pleadings and orders are filed under seal, which may not be made available for public inspection. §§ 3771A(f), (g). The motion shall “describe any supporting evidence,” and “include copies of any documents showing the movant is entitled to relief.” § 3771A(b)(2). If the government files a motion in opposition within 30 days, the court must schedule a hearing. § 3771A(b)(3)(A). If no motion in opposition is filed, the court may hold a hearing no later than 45 days after the motion is filed. § 3771A(b)(3)(B). The court shall consider supporting evidence in the form of “an affidavit or sworn testimony of an anti-trafficking service provider or clinician,” which “shall be sufficient evidence” to grant relief if it is determined credible, “and no other evidence is readily available.” §§ 3771A(b)(5)(A)(i), (b)(5)(B). The court may consider other “supporting evidence the court determines is of sufficient credibility and probative value.” §§ 3771A(b)(4)(A), (b)(4)(B). An arrest or conviction for any other person related to the conduct is not required to qualify for relief. § 3771A(b)(6).  The court may grant the motion to vacate a conviction or expunge an arrest for a nonviolent offense, if it finds by a preponderance of the evidence that participation in the offense “was a direct result of the movant having been a victim of trafficking.” § 3771A(b)(4)(A). The court may also expunge arrests for a violent crime, under the same standard and nexus, if the person was acquitted, the case was dismissed, or the charges were reduced to an eligible nonviolent offense that was subsequently vacated. § 3771A(b)(4)(C). If the court grants a motion to vacate an eligible conviction, it shall: vacate the conviction for cause;  set aside the verdict and enter a judgment of acquittal; and  enter an expungement order. § 3771A(c)(1). The expungement order entered following vacatur, and any expungement order related to eligible arrests, requires all references to the arrest and criminal proceedings be expunged. §§ 3771A(c)(1)(c), (d)(1). The vacated conviction “shall not be regarded as a conviction under Federal law,” or an expunged arrest “shall be regarded as an arrest under Federal law,” returning the person to the same status held before the arrest, charges, or conviction. §§ 3771A(c)(3), (d)(2). The court is not required to, but presumably not prohibited from, amending or removing any fines or restitution ordered as part of the criminal case vacated, or a civil proceeding. § 3771A(c)(2). TSRA requires each United States attorney to submit a report to the Attorney General within 1 year of the enactment date, detailing the number of motions filed, the underlying offense, any response filed by the U.S. Attorney’s office, and final determination by the court. See Section 3(a). Also within 1 year of the enactment date, the Attorney General must submit to Congress “a report that details all professional training received by U.S. attorneys on indicators of human trafficking during the preceding 12-month period.” Section 3(b). Finally, the Comptroller General of the United States must submit a report within 3 years of the enactment date that “assess the impact of the enactment” of the TSRA that compiles the number of survivors who filed motions to vacate or expunge, and the resulting decisions, along with recommendations to increase access to post-conviction relief improve the implementation and tracking of professional training for prosecutors.” Section 3(c). Read more

Maine governor vetoes clean slate bill

On April 29, Maine governor Janet Mills vetoed a bill that would have authorized automatic sealing of many misdemeanor convictions after five conviction-free years, and made Maine the 14th state to adopt a “clean slate” record relief measure.  Efforts to override her veto failed, but supporters of the failed record relief bill vowed to bring it back in the next legislative session. Our recent annual report notes that Illinois became the 13th “clean slate” state when Governor Pritzker signed it into law in January.  The Illinois law’s provisions are explained in a post we published last fall. In support of her veto, Governor Mills’ letter cited the bill’s extension to domestic violence convictions, as well as recurring concerns held by opponents of automatic sealing: cost and constitutionality. There are several significant problems with the legislation. First, as drafted, L.D. 1911 would mandate the sealing of records for Class D domestic violence assault – a result that is plainly contrary to the public interest. Second, a ruling by the U.S. Court of Appeals for the First Circuit strongly suggests that categorically sealing criminal records without conducting a case-by-case review of the circumstances violates the First Amendment. Third, this legislation would commit the State to hiring seven permanent employees to conduct the work of sealing records. Only a fraction of this cost has been appropriated. This is a significant on-going expense that could be avoided by allowing interested persons to request that their records be sealed, rather that requiring the Judicial Branch to seal all records eligible records as a matter of course. The bill’s supporters argued that the inclusion of domestic violence convictions was an acknowledged clerical error that would have been corrected in the implementation process, and that the governor’s other objections (cost and constitutionality) were overblown, and outweighed by the advantages for the many Maine citizens who stood to gain from the bill, which had been passed with bipartisan support.  They pointed out that the petition-based sealing process enacted in 2024 is rarely used, largely because of the difficulties faced by individuals navigating the judicial process.  The bill would have given thousands of deserving Mainers new opportunities for employment and housing. While efforts to override the governor’s veto fell short this year, the bill’s primary sponsor stated that “There is a commitment to working in a future Legislature on bringing this proposal back. . . .  A lot of the groundwork, momentum and excitement for this has been growing.”   Read more

Round-up of fair chance licensing reforms in 2024

Expanding employment opportunities in licensed occupations has been a priority for criminal record reformers in the past half dozen years. Happily, fair chance licensing reforms also appear less politically controversial than some others, with Midwestern states like Iowa and Indiana among the most progressive in the Nation in their treatment of justice-impacted license applicants in the licensing process. In the first half of 2024, two more Midwestern states (South Dakota and Nebraska) enacted comprehensive changes to their licensing laws, Colorado produced a major reform in its licensing scheme, and Pennsylvania closed a gaping loophole in its licensing rules. These major reforms continue a nationwide trend that since 2017 has seen 44 states and the District of Columbia enact 86 separate laws* to limit state power to deny workplace opportunities to qualified individuals based on their criminal history. The new 2024 laws are described briefly below, and additional details can be found in the relevant state profile from the Restoration of Rights Project. A few less comprehensive licensing reforms are also mentioned, as are bills not yet enacted that are being given serious consideration in half a dozen other states. South Dakota In February, South Dakota became the most recent state to enact a uniform approach to licensing justice-impacted individuals. SB 57. As we noted in 2022 in The Many Roads from Reentry to Reintegration report, South Dakota was one of only 3 states that had “no general law or regulations setting limits on how licensing boards may consider an applicant’s criminal record.”  But now, under SB 57, licensing boards may only disqualify applicants with a criminal history if they have been convicted of a crime that “directly relates” to the license at hand, in which case the agency must consider whether “the applicant or licensee has been rehabilitated to the extent that the person no longer poses the kind of risk to the profession or occupation associated with that type of conviction.” Boards are further prohibited from considering non-conviction records, or convictions that have been pardoned, sealed, or expunged. The new law also requires boards to provide applicants with an opportunity for a hearing before denial, and a right to appeal the board’s decision. Critically, SB 57 also establishes a preliminary determination process that allows potential applicants to petition a board to see if their record would be disqualifying before they invest in any costly training or coursework. Nebraska A few weeks after South Dakota adopted its first-time reforms, Nebraska produced an expansive overhaul of its licensing restrictions that resulted in some of the nation’s strongest protections for justice-impacted people seeking licensure. Nebraska’s LB 16 strengthens the protections offered by the new South Dakota law by authorizing denial only if a conviction “directly and specifically” relates to the occupation; if obtaining a license “would pose a direct and substantial risk to public safety because the individual has not been rehabilitated;” and, starting next year, only if a license applicant or licensee has been convicted of an offense on a list of 27 serious violent or fraud offenses. The new Nebraska law forbids consideration of non-conviction records or records that have been expunged, set aside, sealed, or pardoned.  If more were required, the new law prohibits consideration of convictions older than 3 years if no prison sentence was imposed, and three years after release from prison if it was — unless the conviction is one of the 27 potentially disqualifying convictions defined in the statute. Nebraska’s scheme builds on its 2018 Occupational Board Reform Act, which established the policy of the state to protect the “fundamental right of an individual with a criminal history to obtain an occupational license, government certification, or state recognition of the individual’s personal qualifications.” That law included a  process for a preliminary determination to ascertain future eligibility  The 2024 law excludes a number of licensing agencies from the reach of Nebraska’s licensing reforms, including those previously enacted in 2018, an unfortunate limitation in an otherwise impressive reform. The 2018 law and its current extension are described in detail in the Nebraska profile from the Restoration of Rights Project. Colorado In June, Governor Polis signed into law a major reform of Colorado’s occupational licensing laws, building like Nebraska on earlier reforms from 2018. The “Ex-Offenders Practice in Regulated Occupations” Act (HB24-1004) allows a licensing agency to consider an applicant’s conviction only for a 3-year period beginning on the date of conviction or the end of incarceration, whichever date is later. (The earlier reforms prohibited consideration of non-conviction records, and convictions that have been sealed or pardoned.) Only if an individual’s conviction is determined to be “directly related” to the profession or occupation may the agency consider the conviction  after the 3-year period has passed, and even then it may only deny or refuse to renew a license if it determines that the applicant has not been rehabilitated and is unable to perform the duties and responsibilities of the profession or occupation without creating “an unreasonable risk to public safety.”   HB24-1004 also allows an individual to petition a licensing agency to determine whether a criminal conviction will preclude the individual from becoming licensed prior to that individual completing any other requirements for such credentialing, and even while the individual is still incarcerated. It also prohibits licensing boards from using vague terms like “good moral character,” “moral turpitude,” and “character and fitness,” repealing provisions authorizing denials of licensure based on those terms.  Pennsylvania A fourth significant licensing reform was put in place in Pennsylvania, where its State Bureau of Professional and Occupational Affairs released regulations to limit the ability of licensing boards to reject qualified applicants based on their criminal history. In 2020, the state required each board to develop a list of crimes considered “directly related”  to the license sought. Conviction of one of these crimes would create a “rebuttable presumption” that licensure of that individual would pose a substantial risk to public safety, without regard to how long ago the conviction occurred. Perhaps predictably, and without general guidance from the State, individual boards stretched the limits of their authority, proposing long lists of crimes to be directly related to the licenses they issue. The potential damage done to thousands of individuals – particularly those with older criminal records — was described in an extended piece posted last fall by Community Legal Services of Philadelphia.  Responding to the concerns exoressed by advocates, the State Bureau eliminated hundreds of these proposed offenses on grounds that they bore only an attenuated relationship to the particular license. More significantly, convictions more than 5 years old are no longer to be considered “directly related.” “These regulations will allow people who do not present risk to move on to better jobs and provide better lives for their families. They will also help businesses fill job openings with fully qualified workers,” said Sharon Dietrich, Litigation Director for Community Legal Services, which spearheaded the coalition that backed the new regulations. “We thank the Shapiro Administration and the boards and occupations for issuing these win-win regulations.” Final approval of these regulations by the Pennsylvania Independent Regulatory Review Commission is expected at its public meeting on April 18. For further details, see our post from July 2020 as well as the Pennsylvania profile in the RRP. Other reforms and previews Several other states have added features toi their occupational licensing laws this year.  Arizona enacted two laws (SB 1367 and HB 2308) that reduced the “lookback” time for disqualification from seven years to three, and modified the standard for disqualification.  This makes the eighth and ninth law ernacted by Arizona since 2019 to strengthen occupational licensing protections. Tennessee eliminated vague language referring to “good moral character” and “character and fitness” (approving a bill that was considerably watered down from its original terms by the time of passage), Oregon created a fairly modest preliminary determination procedure, and Florida’s governor distinguished himself by vetoing an even more modest amendment of the state’s barber and cometology licensing statute. There are several significant pending bills. Massachusetts has taken significant steps toward enactment of a comprehensive licensing reform law, New York is considering a progressive expansion of its venerable “direct relationship” standard, amd Georgia is close to enacting a law that would impose general limits on consideration of criminal records in the licensing process. Maryland and Kentucky are looking closely at bills authorizing a preliminary consideration process. We hope our readers will alert us to other potential licensing reforms that may be enacted later this year or next. Read more

First fair chance licensing reforms of 2024

Expanding employment opportunities in licensed occupations has been a priority for criminal record reformers in the past half dozen years. Happily, fair chance licensing reforms also appear less politically controversial than some others, with Midwestern states like Iowa and Indiana among the most progressive in the Nation in their treatment of justice-impacted license applicants and licensees. In the first three months of 2024, two more Midwestern states (South Dakota and Nebraska) enacted comprehensive changes to their licensing laws, while a third state (Pennsylvania) was poised to close a major loophole in its licensing scheme. These reforms continue a nationwide trend that since 2017 has seen 43 states and the District of Columbia enact 79 separate laws* to limit state power to deny opportunity to qualified individuals based on their criminal history. Significant legislation is under serious consideration in half a dozen additional states, so we expect this year to produce another bumper crop of fair chance licensing laws. The new laws are described briefly below, and additional details can be found in the relevant state profile from the Restoration of Rights Project. South Dakota In February, South Dakota became the most recent state to enact a uniform approach to licensing justice-impacted individuals. SB 57. As we noted in 2022 in The Many Roads from Reentry to Reintegration report, South Dakota was one of only 3 states that had “no general law or regulations setting limits on how licensing boards may consider an applicant’s criminal record.”  But now, under SB 57, licensing boards may only disqualify applicants with a criminal history if they have been convicted of a crime that “directly relates” to the license at hand, in which case the agency must consider whether “the applicant or licensee has been rehabilitated to the extent that the person no longer poses the kind of risk to the profession or occupation associated with that type of conviction.” Boards are further prohibited from considering non-conviction records, or convictions that have been pardoned, sealed, or expunged. The new law also requires boards to provide applicants with an opportunity for a hearing before denial, and a right to appeal the board’s decision. Critically, SB 57 also establishes a preliminary determination process that allows potential applicants to petition a board to see if their record would be disqualifying before they invest in any costly training or coursework. Nebraska A few weeks after South Dakota adopted its first-time reforms, Nebraska produced an expansive overhaul of its licensing restrictions that resulted in some of the nation’s strongest protections for justice-impacted people seeking licensure. Nebraska’s LB 16 strengthens the protections offered by the new South Dakota law by authorizing denial only if a conviction “directly and specifically” relates to the occupation; if obtaining a license “would pose a direct and substantial risk to public safety because the individual has not been rehabilitated;” and, starting next year, only if a license applicant or licensee has been convicted of an offense on a list of 27 serious violent or fraud offenses. The new Nebraska law forbids consideration of non-conviction records or records that have been expunged, set aside, sealed, or pardoned.  If more were required, the new law prohibits consideration of convictions older than 3 years if no prison sentence was imposed, and three years after release from prison if it was — unless the conviction is one of the 27 potentially disqualifying convictions defined in the statute. Nebraska’s scheme builds on its 2018 Occupational Board Reform Act, which established the policy of the state to protect the “fundamental right of an individual with a criminal history to obtain an occupational license, government certification, or state recognition of the individual’s personal qualifications.” That law included a  process for a preliminary determination to ascertain future eligibility  The 2024 law excludes a number of licensing agencies from the reach of Nebraska’s licensing reforms, including those previously enacted in 2018, an unfortunate limitation in an otherwise impressive reform. The 2018 law and its current extension are described in detail in the Nebraska profile from the Restoration of Rights Project. Pennsylvania A third significant licensing reform was put in place in Pennsylvania, where its State Bureau of Professional and Occupational Affairs released regulations to limit the ability of licensing boards to reject qualified applicants based on their criminal history. In 2020, the state required each board to develop a list of crimes considered “directly related”  to the license sought. Conviction of one of these crimes would create a “rebuttable presumption” that licensure of that individual would pose a substantial risk to public safety, without regard to how long ago the conviction occurred. Perhaps predictably, and without general guidance from the State, individual boards stretched the limits of their authority, proposing long lists of crimes to be directly related to the licenses they issue. The potential damage done to thousands of individuals – particularly those with older criminal records — was described in an extended piece posted last fall by Community Legal Services of Philadelphia.  Responding to the concerns exoressed by advocates, the State Bureau eliminated hundreds of these proposed offenses on grounds that they bore only an attenuated relationship to the particular license. More significantly, convictions more than 5 years old are no longer to be considered “directly related.” “These regulations will allow people who do not present risk to move on to better jobs and provide better lives for their families. They will also help businesses fill job openings with fully qualified workers,” said Sharon Dietrich, Litigation Director for Community Legal Services, which spearheaded the coalition that backed the new regulations. “We thank the Shapiro Administration and the boards and occupations for issuing these win-win regulations.” Final approval of these regulations by the Pennsylvania Independent Regulatory Review Commission is expected at its public meeting on April 18. For further details, see our post from July 2020 as well as the Pennsylvania profile in the RRP. Previews: There are additional important fair licensing reforms being seriously considered in several states, including Alabama, Colorado, Georgia, Kentucky, Massachusetts, and New York.  We hope our readers will alert us to others. ________________________________________________________________________ *Our count is based on the listing in footnote 237 of The Many Roads from Reentry to Reintegration, supplemented by our annual reports on new laws enacted since that report was published in March 2022.   Read more