Automatic Expungement Expands: Which Crimes Are Being Cleared in 2026

Multiple states are expanding automatic expungement laws in 2026, clearing marijuana convictions, old felonies, and non-violent offenses without beneficiaries having to file. Here's what's covered and how it works.

In 2026, more states than ever are implementing automatic expungement systems. Instead of requiring people to apply, the state reviews its records and clears eligible convictions on its own. If you qualify, the expungement happens without you having to do anything.

What's Changing and Where

Several states have passed major expungement legislation effective in 2026. Michigan expanded its clean slate law to include additional felony categories, automatically clearing convictions that meet the new criteria. Pennsylvania added marijuana offenses to its automatic expungement list, covering thousands of old possession cases from before legalization.

Virginia passed legislation enabling automatic expungement for certain misdemeanors after a waiting period. Illinois continued expanding its automatic expungement program, with the state proactively identifying and clearing eligible records without requiring individual applications.

Ohio implemented new automatic sealing rules for low-level offenses, including some felonies that previously required a court filing. The state is using its criminal database to identify qualifying cases rather than waiting for people to apply.

What Types of Offenses Are Covered

Automatic expungement laws vary significantly by state, but common categories include:

Marijuana convictions** remain the biggest target of automatic expungement efforts. As more states legalized cannabis, they've moved to automatically clear old marijuana possession and cultivation convictions. If you were convicted of simple possession or minor cultivation in a state that has since legalized, there's a good chance you're eligible for automatic clearance.

Non-violent felonies and misdemeanors** are covered in many states after a conviction-free period — typically 3 to 7 years after completing a sentence. Violent felonies, sex offenses, and crimes against children are generally excluded from automatic expungement in most states.

First-offense petty theft, vandalism, and drug possession** are commonly included in clean slate laws. The idea is to clear low-level offenses that create barriers to employment and housing long after the sentence is served.

What Automatic Expungement Actually Means

When a record is automatically expunged, it should disappear from most background checks. Employers, landlords, and licensing agencies who run standard background checks won't see the conviction. You don't need to disclose it on most job applications.

However, automatic expungement doesn't make the record invisible to everyone. Law enforcement and courts can still see expunged records in some circumstances. Professional licensing boards in fields like healthcare, law enforcement, and finance may still access certain records. Immigration and national security background checks typically have different rules.

Also note: automatic expungement in one state doesn't affect records in other states where you might have convictions. If you have records in multiple states, each state would need to process its own.

How to Find Out If You're Covered

Even with automatic expungement, there's usually no guarantee you were automatically cleared unless you take steps to verify. In some states, the automatic process requires a technical trigger — a background check request, a petition from a prosecutor, or a random audit of old cases.

The safest approach: check your own record. Request a copy of your criminal history from the state background check system. In most states, you can do this online. Review what convictions appear and whether they would qualify for automatic expungement under current law.

If your record still shows convictions that should have been automatically cleared, contact the state court system or the attorney general's consumer protection division. Many states have processes for correcting errors in the automatic expungement system.

The Limits of Automatic Expungement

Automatic expungement is a powerful tool, but it doesn't solve every problem. Records that don't qualify — particularly serious violent felonies — still require individual petitions and court orders. The waiting periods in some states are long, meaning recent convictions aren't covered.

And even where records are expunged, people may face practical challenges. Some background check companies scrape court records directly rather than relying on state databases, potentially surfacing information that should have been cleared. This is an ongoing legal issue that hasn't been fully resolved.

For anyone with an old conviction that's creating barriers to employment or housing, it's worth researching your state's current expungement laws. The landscape is changing fast, and options that didn't exist a year ago may be available now.