Unpaid restitution is the most common silent block.

Why it happens

Most state Clean Slate statutes condition automatic sealing on “completion of all sentence requirements,” which is interpreted to include any criminal restitution order entered at sentencing. The eligibility check is run by the state repository, which queries the court docket — if the docket shows an open restitution balance, the record is not flagged as eligible, even if the underlying offense and time elapsed otherwise qualify.

The civil-judgment trap

Many states convert unpaid criminal restitution into a civil judgment after a certain number of years. The civil judgment is a separate proceeding — it can be paid off, discharged in bankruptcy, or settled with the victim. None of those discharge the criminal restitution order on the docket. The criminal docket needs a court order showing the restitution as paid in full, not the civil-judgment file.

If your situation looks like “I paid the civil judgment but the criminal docket still shows owing,” the fix is procedural: motion to the criminal court to enter an order of satisfaction. Sometimes the court clerk can do this administratively; sometimes it requires a motion. An attorney call clears this up quickly.

Partial payment plans

Some states allow restitution to be discharged via formal payment plan. Completing the plan satisfies the criminal order — but only when the court enters a satisfaction order at the end. If you've completed payments but no satisfaction order shows on the docket, the next step is to ask the court to enter one.

When you can't pay

A meaningful subset of people with old convictions can't realistically pay outstanding restitution. Several Clean Slate states have introduced “ability to pay” carve-outs: after a certain number of years and a good-faith attempt, the court can find restitution “effectively satisfied” for eligibility purposes.

The law here is moving fast — California, Pennsylvania, and Michigan have all liberalized recently. If your state page shows a high wait period and you're blocked on unpaid restitution, this is one of the categories where consulting a local expungement attorney is most likely to find a path forward.