By Erica Norris, PBI Intern
Missouri joined 13 other states and the District of Columbia that have clean slate laws, which automatically seal or expunge certain offenses from an individual’s criminal record and help remove barriers to successful reentry, according to the Clean Slate Initiative. Since Pennsylvania passed the first clean slate law in 2018, advocates have pushed for other states to implement clean slate policies and for federal recognition of clean slate initiatives.
On May 15, Missouri took a major step toward expanding second chances by passing bipartisan public safety bill, Senate Bill 1421 (SB1421), with a 110–25 vote. SB 1421 was delivered to Governor Mike Kehoe for approval on May 28 and was signed into law on July 9. The law will take effect on January 1, 2027.
Missouri Clean Slate Act
Approximately 100 million people, which is about 1 in 3 adults, have a criminal record. For many, this poses a barrier to securing employment, as 87% of employers conduct background checks. More than 60% of individuals are unemployed 1 year after being released. In addition, formerly incarcerated individuals are nearly ten times more likely to experience homelessness. Record expungement, including through clean slate initiatives, can be essential for giving people second chances and reducing the barriers that a criminal record creates.
Record expungement is the legal process where someone’s criminal record is cleared, making their previous charges no longer visible to the public. Once records are expunged, employers and landlords no longer have access to people’s backgrounds, therefore decreasing the chance to prejudge a candidate based on their criminal history and prevent them from qualifying for employment or housing.
The Missouri Clean Slate Act extends protections and promotes a more just society through several criminal justice provisions, including changes to drug amount classification for drug charges and changes to surety bail bond agents. It specifically targets the automatic expungement of drug possession and unlawful use of drug paraphernalia charges. Under this law, records are sealed one year after final disposition of a misdemeanor and three years after a nonviolent felony, provided the individual remains crime-free. The law also limits people to a maximum of three misdemeanor expungements and two felony expungements.
Beginning January 1, 2027, the Missouri State Highway Patrol’s central criminal records repository will oversee the automatic screening and expunging of eligible convictions on a weekly, rolling basis. This monumental development is a large step forward in criminal justice reform in Missouri, where people charged with drug possession and unlawful use of drug paraphernalia, who once did not have the opportunity to get their records expunged, can wake up with a clean record.
Impacts of Clean Slate Laws
Missouri is taking steps to eliminate the cost and time barriers needed to expunge one’s record and remove barriers that hinder people’s access to opportunities. According to the Missouri Second-Hand Expungement Gap Study, approximately 518,000 people were eligible for expungement, but roughly 896 records were expunged per year. The uptake rate of expungement relief was less than 1%, underscoring the gap between those with access to record expungement and those not afforded such opportunities.
For many, the expungement process can be complicated to navigate because people must meet multiple legal requirements, often leading them to retain a lawyer to help them through the process. This poses a cost and time barrier for people, which may include taking time off work in addition to paying for legal services. By making the process automatic, Missouri removes the need for lawyers, clerks, and the courts to file a record expungement. The clean slate law allows everyone eligible for a record expungement to receive one, making the process equal and fair for all.
Moreover, having a criminal record hinders people’s access to opportunities. Even after an individual meets the requirements of their sentence, they can still be viewed as guilty by the public because their record follows them, causing barriers to education, employment, and housing, thus limiting their ability to pursue new opportunities. Record expungement is an important component in an individual’s ability to fully reintegrate into society.
The Missouri Clean Slate Act is a valuable reform that supports second chances and eliminates lifetime record criminalization. The states with clean slate laws have seen an immediate and positive impact. In Pennsylvania, about one year after their clean slate laws took effect, 34 million cases and about 47 million offenses have been sealed from public view. Additionally, states with clean slate laws have recidivism rates below the national average, showing the significant impact of second chances.
How Clean Slate Laws Affect Pro Bono
For pro bono work, reducing the need for pro bono lawyers to file petitions for expungement opens the door for other types of engagement. While clients may still require assistance to determine eligibility, address implementation delays, address clerical errors, or navigate multiple jurisdictions, centralizing the process makes it easier for individuals to access relief.
Clean Slate efforts also provide pro bono advocates an opportunity to support legal reforms while expanding access to justice. In Maryland, Clean Slate Maryland organizes advocates to support the passage and implementation of laws that automate the sealing process to address the effects of criminalization, while Maryland Legal Aid hosts free legal clinics to help eligible individuals navigate expungement and sealing, creating multiple opportunities for pro bono engagement. Similarly, in Texas, organizations host record expungement and sealing clinics, and Clean Slate Texas advocates for policies that expand access to housing, education, and employment by increasing opportunities for record sealing.
Missouri SB1421, now the Clean Slate Act, joined the movement for second chances for people with criminal records, no longer allowing a single moment to define someone.