HR-8361-119
Referred to the House Committee on Education and Workforce.
Sponsored by Nikema Williams (D-GA)
What it does
The Clean Slate through Rehabilitation Act would establish a federal mechanism to expunge or seal criminal records for individuals who complete a qualifying rehabilitation program. The bill is currently in committee, and its full text has not been published, but based on its title and education category classification, it would likely tie record-clearing eligibility to participation in educational or vocational rehabilitation programs. Individuals who meet the bill's criteria would have their records cleared or hidden from standard background checks.
Who benefits
Individuals with criminal records who complete rehabilitation programs — particularly those with nonviolent or low-level offenses. Formerly incarcerated people seeking employment, housing, or educational opportunities where background checks are a barrier. Employers who gain access to a broader labor pool. Communities with high incarceration rates, which may see reduced recidivism. Educational institutions that provide qualifying rehabilitation programs, which may see increased enrollment and funding.
Who is hurt
Employers, landlords, and licensing boards that rely on complete criminal history disclosures to make hiring or tenancy decisions — they would have less information available. Victims of crimes committed by individuals whose records are cleared, who may object to the erasure of the public record. Background check companies and data brokers whose services would become less comprehensive. Competing applicants for jobs or housing who do not have criminal records and currently benefit from that distinction in screening processes.
Supporters argue
Supporters argue that permanent criminal records create a lifelong barrier to employment, housing, and education — even for people who have demonstrably rehabilitated — and that this cycle drives recidivism rather than reducing it. They contend that tying record-clearing to completed rehabilitation programs creates an earned, merit-based pathway rather than automatic expungement, ensuring public safety is balanced against reintegration. Research from the University of Michigan found that individuals whose records were expunged saw a 25% increase in wages within two years, suggesting meaningful economic benefit.
Opponents argue
Opponents argue that expunging or sealing criminal records removes information that employers, schools, and the public have a legitimate interest in accessing, particularly for offenses involving violence, fraud, or harm to others. They contend that rehabilitation program completion does not guarantee behavioral change and that limiting background check disclosures shifts risk onto third parties — such as employers and co-workers — who had no role in the original offense. Critics also argue that a federal record-clearing mandate may conflict with states' authority to maintain their own criminal history systems under the Tenth Amendment.