Federal Second Chance Acts — Expungement and Record-Sealing at the National Level

While state-level expungement laws vary dramatically, federal action on criminal record reform has moved in fits and starts. Here's a clear-eyed look at what the federal government has done, what it's trying to do, and what it means for people seeking a fresh start.

The First Step Act of 2018

The First Step Act was the most significant federal criminal justice reform in a generation. Signed into law in December 2018 under the Trump administration with bipartisan support, it made several changes directly relevant to record expungement and sealing:

Expanded compassionate release: Allowed more people in federal prison to seek early release due to age, disability, or extraordinary circumstances
Reduced mandatory minimums: Modified some drug-related mandatory minimum sentences that had disproportionately affected communities of color
Recidivism reduction programs: Created incentives for participation in rehabilitation programs, with credits that could eventually lead to earlier release or transitions to lower-security facilities
Self-petitioning for immigration relief: Allowed certain noncitizens in removal proceedings to request judicial review
Bureau of Prisons reforms: Improved medical care, limited solitary confinement use, and required the BOP to use risk assessment tools

The First Step Act did not create an automatic expungement pathway for federal convictions. However, it directed the Department of Justice to study and issue recommendations on record-sealing, laying groundwork for later efforts.

The Clean Slate Act — Still Waiting

The Clean Slate Act has been introduced in multiple congressional sessions but has not yet become law. The most recent version would have:

Required automatic sealing of federal criminal records for certain non-violent offenses after a waiting period — similar to what many states have already implemented
Established a 7-year waiting period for misdemeanor convictions and a 10-year waiting period for felony convictions before automatic sealing would apply
Created a process for people to petition for earlier sealing based on rehabilitation
Restricted how federal records could be shared with state agencies and private employers

The bill has had bipartisan support in concept but stalled over disagreements about which offenses should qualify, how to handle violent felonies, and concerns from law enforcement about access to records for background checks.

The Second Chance Pell Experiment

Beyond legislation, the executive branch has taken administrative action. The Second Chance Pell program, launched in 2016 and expanded under Biden, allows people in federal prisons to access Pell Grants for higher education. As of 2025:

Over 200 colleges and universities participate, offering courses in prisons across 48 states
Studies show education programs in prison reduce recidivism by 40% or more
Graduates often report significantly improved employment prospects upon release
The program has survived congressional scrutiny despite longstanding restrictions on Pell Grants for incarcerated students

FACT Act and Data Accuracy

Congress also passed the Fix Accuracy to Promote Transparency (FACT) Act, which specifically addressed problems with commercial background check databases. Under the FACT Act provisions:

Background check companies must have documented procedures to update records when court orders are issued
Consumers can request free annual file disclosures to check what's in their background check file
Dispute investigation timelines were shortened, giving individuals faster recourse when errors appear
State attorneys general can enforce violations at the state level, not just the FTC at the federal level

What Federal Action Actually Means for You

Federal reforms create a floor, not a ceiling. Here's the practical reality:

If You Have a Federal Conviction

Your record is controlled by federal law and federal databases, not state courts. Automatic expungement at the federal level is not yet available for most convictions. You would need to pursue a pardon from the President (rare and discretionary) or seek a certificate of rehabilitation through a federal court petition. A pardon is the only mechanism that fully restores firearm rights and certain other civil rights for people with federal convictions.

If You Have a State Conviction

Federal actions set important precedents and can influence state policy, but your expungement options are governed by your state's laws. The good news: state-level automatic expungement has expanded rapidly. As of 2026, 14 states automatically seal eligible records without requiring a petition, and another 20+ have petition-based expungement available.

Employer Background Checks Still Rely on Commercial Databases

Even if your record is legally expunged, commercial background check companies — the firms most employers use — don't always update their databases promptly. Federal rules like the FACT Act and the FTC's AI-in-hiring rules (finalized April 2026) provide additional leverage to dispute outdated or inaccurate information in those databases.

Where Things Are Headed

The political landscape for criminal record reform remains complicated. Key developments to watch:

Clean Slate Act reintroduced: Advocates expect another push in the current congressional session, potentially with modified offense categories to attract more Republican support
State-federal patchwork: Without federal action, the gap between states with strong expungement laws and those without continues to grow, creating a geographic lottery for people seeking a second chance
AI regulation intersection: The FTC's new AI rules add a layer of protection that didn't exist before, particularly relevant as employers increasingly use automated screening
Executive clemency trends: Recent administrations have taken different approaches to pardoning — track actual grants, not just announcements

The federal government's role in expungement and record-sealing is likely to remain limited in the near term. State-level action has been the primary driver of reform, and that shows no signs of slowing. The most impactful thing you can do is understand your state's specific laws and deadlines.