A criminal record can be a lifetime anchor—blocking employment, housing, professional licenses, and even volunteer opportunities. But in 2026, a wave of new "clean slate" laws across the country is making it easier than ever to clear your record legally. From Kentucky's Automatic Expungement Act to Maryland's Clean Slate Act, and from Virginia's fee-free expungement to D.C.'s automatic sealing deadlines, the path to a fresh start is widening .
This guide explains the difference between expungement and sealing, who qualifies, the new 2026 laws taking effect, and step-by-step instructions for clearing your record.
Expungement vs. Sealing: What's the Difference?
Expungement
Records are destroyed or impounded as if they never existed.
Legal effect: You may lawfully deny the arrest ever occurred, except in specific exceptions .
Available for: Acquittals, dismissals, nolle prosequi, and certain non-convictions .
Sealing
Records exist but are hidden from public view. Law enforcement and certain agencies can still access them.
Legal effect: Private employers and landlords generally cannot see sealed records .
Available for: Many convictions, including eligible misdemeanors and felonies after waiting periods .
2026 Clean Slate Laws: Major Reforms Across the Country
Creates an automatic expungement process for specific eligible misdemeanor and felony convictions .
- Automatic expungement without petition
- Prosecutor may object and halt automatic expungement
- Searchable portal to check eligibility
- Fee waiver for eligible convictions
Requires automatic expungement of eligible cases .
- All cases meeting criteria expunged by July 1, 2028
- Monthly automatic expungement of newly eligible cases
- Department of Public Safety and Judiciary responsible
Major updates to expungement procedures .
- No court fees for filing expungement petitions
- If no prior record and misdemeanor/civil offense, expungement is entitled absent good cause
- Prosecutor may stipulate to manifest injustice, allowing expungement without hearing
Automatic sealing and expungement provisions .
- Automatic expungement for decriminalized offenses
- Automatic sealing for cases terminated without conviction
- Automatic sealing for eligible misdemeanor convictions after 10 years
Florida: When You Can (and Cannot) Deny Your Record
SB 1168 (2026) amends Florida's expungement and sealing statutes to clarify when a person may lawfully deny or fail to acknowledge an expunged or sealed record .
Criminal Justice Employment
Criminal Defendant
Florida Bar Admission
Child/Elderly Care Positions
Education Employment
Firearm Purchase
Concealed Weapon License
Care Provider Screening
In all other circumstances, you may lawfully deny the arrest covered by the expunged record .
New Jersey: Fixing the Expungement Backlog
The New Jersey Office of the Public Defender announced a Supreme Court consent order resolving litigation over expungement delays in Essex County .
Key reforms:
- Prosecutor's office must reduce backlog from Sept 2025 through Feb 2026
- Beginning March 2026, maintain backlog below 20% of new petitions
- Prosecutor cannot object based on missing probation letters if court records already confirm eligibility
Texas: Waiting Periods and Eligibility
Under Chapter 55A of the Texas Code of Criminal Procedure, expungement is available for cases ending without conviction .
Not eligible: Convictions, deferred adjudication, probation .
Timeline: Expunction takes about 6–10 months, including 30-day notice period and agency compliance .
Washington, D.C.: Automatic Sealing by 2027
D.C.'s new statute (effective March 1, 2026) creates automatic sealing for many cases .
Cases dismissed before Dec 20, 2022 automatically sealed
Cases dismissed after Dec 20, 2022 sealed within 90 days of dismissal
Eligible misdemeanor convictions sealed 10 years after sentence completion
Excluded from automatic sealing (misdemeanor convictions):
- Domestic violence
- Parental kidnapping
- Abuse of vulnerable adult
- Financial exploitation
- Incest
- Misdemeanor sexual abuse
- Non-consensual pornography
- Stalking
- Sex offender offenses
- Dangerous offenses
- Crimes of violence
- DUI
Illinois: What Can't Be Sealed
Under Illinois law, certain convictions are ineligible for sealing :
How to Clear Your Record: Step-by-Step
Check your case disposition. Generally, acquittals, dismissals, nolle prosequi, and cases without conviction are eligible . Convictions may be eligible for sealing after waiting periods .
Texas: 180 days (Class C), 1 year (A/B misdemeanor), 3 years (felony) . D.C.: 10 years for eligible misdemeanor convictions .
You'll need: warrant/summons/indictment, date of arrest, arresting agency, case number, disposition date, fingerprints .
File in the circuit court where the case was disposed . Serve copy on prosecutor, who may object within 21 days .
Court must find "manifest injustice" to grant expungement, unless prosecutor stipulates . For misdemeanors with no prior record, expungement is entitled absent good cause .
After order signed, agencies need time to remove records—often months .
Automatic Expungement vs. Petition-Based
Automatic
No petition required. Court and agencies initiate removal.
- Kentucky SB 290 (proposed)
- Maryland Clean Slate Act (by 2028)
- D.C. auto-sealing
Petition-Based
You must file a motion and attend hearing.
- Virginia § 19.2-392.2
- Texas Chapter 55A
- Most traditional expungement
After Expungement: What You Can Legally Deny
In most states, after expungement, you may lawfully deny the arrest ever occurred .
Key exceptions (Florida):
- Employment with criminal justice agencies
- As a defendant in a criminal prosecution
- Admission to The Florida Bar
- Certain health/education positions with vulnerable populations
Texas: "Expunged records don't appear on background checks, and Texas law allows you to legally deny the arrest ever occurred" .
Do You Need a Lawyer for Expungement?
Self-representation is allowed .
Chapter 55A in Texas is complicated; filing mistakes cost time and money .
Experienced counsel can navigate waiting periods, objections, and documentation.
A Fresh Start Is Possible
2026 is a landmark year for criminal record relief. Key takeaways:
- Expungement destroys records; sealing hides them from public view .
- Automatic expungement is expanding: Kentucky, Maryland, and D.C. are implementing automatic systems .
- Virginia eliminates filing fees for expungement petitions starting July 1, 2026 .
- Florida clarifies when you can deny expunged records—with 9 statutory exceptions .
- New Jersey is fixing backlogs with enforceable court orders and 60-day benchmarks .
- Waiting periods vary: 180 days to 3 years in Texas ; 10 years for D.C. misdemeanor convictions .
If you have a criminal record, consult an experienced attorney to determine your eligibility. With new laws taking effect throughout 2026, the opportunity to clear your record has never been greater.