Record expungement/sealing

Criminal record expungement and sealing are legal processes that restrict public access to a person's criminal history. A criminal record — even for minor offenses or charges that were dismissed — can create lifelong barriers to employment, housing, education, professional licensing, and financial opportunities.

64 steps across 12 sections

1. Determine Eligibility

  • Research your state's specific eligibility criteria (offense type, waiting period, prior record)
  • Obtain a copy of your criminal record from the state repository or local court
  • Consider consulting with a criminal defense attorney or legal aid organization (many offer free eligibility screenings)

2. Gather Documentation

  • Certified copy of the criminal record/case disposition
  • Proof of sentence completion (discharge papers, probation completion letter)
  • Proof of fines/restitution payment
  • Character references (some states consider these)
  • Personal statement explaining rehabilitation and reasons for seeking expungement

3. File the Petition

  • Complete the petition/application form (available from the court clerk, state court website, or legal aid)
  • File in the court where the original case was handled
  • Pay the filing fee
  • Some states require notarization of the petition

4. Notification

  • The prosecutor's office (and sometimes the arresting agency and victim) must be notified of the petition
  • There is typically a waiting period (30–90 days) for objections to be filed
  • The prosecutor may object, support, or take no position

5. Hearing (If Required)

  • Not all states require a hearing; some allow expungement by petition alone if no objection is filed
  • At the hearing, you (or your attorney) present your case for expungement
  • The prosecutor may argue against it
  • The judge considers: rehabilitation efforts, time elapsed, nature of offense, impact on public safety, and the petitioner's overall record
  • The judge grants or denies the petition

6. Court Order

  • If granted, the court issues an Order of Expungement/Sealing
  • The order is sent to all relevant agencies (state police, FBI, local law enforcement, court records)
  • Agencies must comply within a specified timeframe (typically 30–60 days)
  • The petitioner may need to follow up to ensure compliance

7. Offense Type

  • Non-convictions (dismissed charges, acquittals, nolle prosequi): Eligible in almost all states, often immediately or with minimal waiting
  • Misdemeanor convictions: Eligible in most states after a waiting period
  • Low-level felony convictions: Eligible in a growing number of states after a longer waiting period
  • Drug offenses: Many states have specific provisions for marijuana and other drug offenses
  • Generally ineligible offenses:
  • Murder and manslaughter
  • Sexual offenses (especially those requiring sex offender registration)
  • Crimes against children
  • DUI/DWI (in many states)
  • Domestic violence (in some states)

8. Waiting Period (Time Since Completion of Sentence)

  • Non-convictions: Immediate to 1 year
  • Misdemeanors: Typically 1–5 years after completion of all sentence requirements
  • Felonies: Typically 5–10 years after completion of all sentence requirements
  • "Completion of sentence" includes: jail/prison time, probation, parole, payment of all fines and restitution, and completion of court-ordered programs

9. Other Requirements

  • No new convictions during the waiting period (any new offense typically resets the clock)
  • All fines, fees, and restitution paid in full
  • Probation/parole completed successfully
  • Not currently facing charges in any jurisdiction
  • No prior expungements (some states limit the number of times you can petition)
  • Age at offense: Juvenile records have separate (usually more favorable) expungement rules

10. What It Hides

  • Standard employment background checks (through commercial screening companies)
  • Landlord/tenant background checks
  • Most public records searches
  • State court record databases (online and in-person)
  • State criminal history repositories

11. What It Does NOT Hide

  • FBI/federal databases: State expungement does not automatically clear federal records (though updates may be shared)
  • Immigration proceedings: USCIS and immigration judges can access sealed/expunged records
  • Federal employment and security clearances: Federal agencies (FBI, CIA, DOD) can access expunged records; applicants for security clearances must disclose them
  • Law enforcement investigations: Police and prosecutors can typically access sealed records for ongoing investigations
  • Judicial review: Judges can access sealed records when sentencing for subsequent offenses
  • Sex offender registry: Expungement does not remove you from the sex offender registry
  • Media reports and internet: Expungement does not remove news articles, social media posts, or mugshot websites (separate legal action required)
  • Professional licensing boards: Some licensing boards (legal, medical, law enforcement, education) can access sealed records and may require disclosure

12. State-Specific Cost Examples

  • California (Prop 47 relief): $0 filing fee for eligible offenses
  • Pennsylvania: $132 filing fee for expungement petition
  • New York (Clean Slate Act): Automatic sealing at no cost
  • Illinois: $0 for sealing; varies for expungement
  • Florida: $75 filing fee + $75 FDLE processing fee = $150 minimum
  • Texas: $28 filing fee for expunction; attorney fees typically $1,000–$2,500
  • Ohio: $50 filing fee

Common Mistakes

  • Not checking eligibility before filing
  • Having outstanding fines or restitution
  • Getting arrested during the waiting period
  • Assuming expungement erases everything
  • Not following up on compliance

Pro Tips

  • Check if your state has a Clean Slate law
  • Use free legal resources
  • Get a copy of your full criminal record first
  • Address all eligible records at once
  • Keep copies of everything

Sources

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