Expungement: How to Clear a Criminal Record and Who Qualifies

A criminal record can follow you long after a case ends, affecting jobs, housing, professional licenses, and education. Expungement and record sealing are legal processes that can remove or hide certain records from public view. Rules vary widely from state to state, but understanding the basics can help you decide whether to pursue relief and what to expect.

Expungement vs. sealing

The terms are used differently across states, but in general:

Expungement may mean a record is destroyed or treated as though the event never occurred, at least for most purposes.
Sealing usually means the record still exists but is hidden from the public and most background checks. Law enforcement, courts, and certain agencies can still access it.

Some states use other terms, such as set-aside, vacatur, annulment, or certificate of rehabilitation. What matters is what the specific remedy does under your state’s law.

Who typically qualifies

Eligibility depends on state law, but common factors include:

Type of offense: Arrests without conviction, dismissed charges, and acquittals are often the easiest to clear. Many states allow expungement or sealing of misdemeanors and some lower-level felonies. Serious violent felonies and sex offenses are often excluded.
Waiting period: Many states require a period without new convictions after completing the sentence, which may range from a short time for non-convictions to several years for felonies.
Completion of sentence: Probation, parole, fines, and restitution typically must be completed.
Number of convictions: Some states limit how many convictions can be cleared.
Pending charges: You usually cannot have open cases.

Juvenile records often have their own, more generous rules, and some are sealed automatically.

The petition process

When expungement is not automatic, the general steps are:

Get your record. Request your state criminal history report and court records for each case. Check for errors and missing dispositions.
Determine eligibility for each case under your state’s statute.
Prepare the petition. Many courts offer forms. You may need certified dispositions, fingerprints, or proof of completed sentences.
File and pay fees. Filing fees vary, and many courts allow fee waivers for people with low income.
Serve the prosecutor and other required agencies, which may object.
Attend a hearing, if required. The judge may consider your conduct since the offense, employment, education, and community ties.
Follow up after an order is granted to make sure agencies update their records.

Clean slate laws

A growing number of states have passed clean slate laws that automatically seal or clear eligible records after waiting periods, without a petition. Pennsylvania enacted the first such law in 2018, and other states have followed with their own versions. Automatic relief typically covers non-convictions and certain lower-level convictions. Implementation can take time, and some records may still require a petition, so check your state’s status.

Federal records

Federal law offers very limited expungement. There is no general federal expungement statute for adult convictions. Options include:

Expungement under 18 U.S.C. 3607 for certain first-time simple drug possession offenders who were under 21 at the time of the offense and completed pre-judgment probation
Presidential pardon, which forgives a federal offense but does not erase the record
Limited court authority in rare cases, such as unlawful arrests

State expungement does not affect federal records, and federal records are not cleared by state courts.

What expungement does and does not do

What it typically does

Removes the record from most public court databases
Allows you to answer “no” to many employer questions about convictions, depending on state law
Reduces what appears on many commercial background checks

What it often does not do

Federal immigration consequences: Immigration authorities may still consider expunged convictions. Noncitizens should consult an immigration attorney.
Certain licensing and government jobs: Law enforcement agencies, some licensing boards, and positions involving children or vulnerable adults may still access sealed records.
Firearm rights: Effects vary under state and federal law.
Private databases: Background check companies may have copies of old records.

Background checks and your rights

The Fair Credit Reporting Act regulates consumer reporting agencies that prepare background checks. They must follow reasonable procedures to ensure accuracy. Reporting a record that has been expunged or sealed can be inaccurate. If an expunged record shows up:

Request a copy of the report.
File a dispute with the background check company, including your expungement order.
Notify the employer or landlord.
Consider consulting an attorney, since FCRA violations can allow you to recover damages.

Under the FCRA, employers must give you notice and a copy of the report before taking adverse action based on it.

Ban-the-box laws

Many states and cities have ban-the-box or fair chance hiring laws that limit when employers can ask about criminal history, often delaying the question until after a conditional offer. These laws are separate from expungement but can help people with records.

An example

Suppose you were convicted of a misdemeanor shoplifting offense eight years ago, completed probation, paid restitution, and have had no new arrests. In many states, you would likely be eligible to petition for expungement or sealing. You request your court record, complete the court’s form, attach proof that you completed your sentence, and file. The prosecutor does not object, the judge grants the order, and you send copies to the state repository and to major background check companies. When you apply for jobs afterward, the conviction should no longer appear on most background checks.

Do you need a lawyer?

Many people complete expungement petitions themselves using court forms. A lawyer can help if your case involves multiple convictions, felonies, out-of-state records, immigration issues, or a contested hearing. Legal aid organizations and expungement clinics often offer free help.

Costs

Costs may include court filing fees, fees for certified records, fingerprinting, and attorney fees if you hire one. Fee waivers are often available. Be cautious of companies that charge high fees for services you can obtain from the court or legal aid.

Expungement and housing

Landlords often run criminal background checks. Under fair housing guidance from the U.S. Department of Housing and Urban Development, blanket bans on renting to anyone with a criminal record may raise discrimination concerns, and some states and cities limit how landlords may use criminal history. An expunged or sealed record generally should not appear on tenant screening reports. If it does, dispute it with the screening company under the Fair Credit Reporting Act and provide your court order.

Expungement and professional licenses

Licensing boards for professions such as nursing, law, teaching, and real estate may ask about criminal history, sometimes including sealed or expunged records. Read each application question carefully. Some boards ask specifically whether you have ever been arrested or convicted, “including records that have been expunged or sealed.” Answering inaccurately can cause more problems than the original record. Many states have adopted laws limiting when boards can deny licenses based on old or unrelated convictions.

Keeping records of your order

After you receive an expungement or sealing order, keep several certified copies. You may need them to correct background check reports, respond to licensing questions, or prove eligibility for jobs years later.

Frequently Asked Questions

What is the difference between expungement and sealing?

Expungement often means destruction or legal erasure of a record, while sealing hides it from the public but preserves it for certain agencies. Meaning varies by state.

Can a felony be expunged?

Some states allow expungement or sealing of certain felonies after waiting periods. Serious violent and sex offenses are often excluded.

Will an expunged record show on a background check?

It should not appear on most commercial checks, but some government agencies and licensing boards can still see sealed records.

How long does expungement take?

It varies by state and court, from a few weeks to several months.

Can federal convictions be expunged?

Generally no, except in narrow situations such as certain first-time drug possession cases under 18 U.S.C. 3607.

This article is for general informational purposes only and is not legal, medical, tax, or financial advice. Rules vary by state and change over time; confirm details with the relevant agency or a licensed professional.