Court records are public by default, which means an old arrest or conviction can follow someone through job applications, housing, and licensing for decades. Every state now offers some way to remove or hide qualifying records. The names and rules differ, but the shape of the process is similar everywhere, and understanding it helps you find your state's version.
This guide is general information, not legal advice. Eligibility rules are detailed and change often; check the current statute for your state or talk to a legal aid office.
Steps at a glance
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Get your complete criminal record
Order your official criminal history from the state repository and pull the court file from each county so you know every charge, its disposition, and its date.
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Identify which remedy each case qualifies for
Read your state's expungement and sealing statutes or use the court's self-help resources. Dismissals and acquittals often qualify for expungement; convictions may qualify for sealing after a waiting period.
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Confirm the waiting period has passed
Most remedies require that the case be closed, all fines and probation completed, and a set number of years elapsed with no new offenses.
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File the petition in the court that handled the case
Use the court's form if one exists. File in the court where the case was heard, pay the filing fee or request a waiver, and serve the prosecutor and any agencies the statute names.
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Attend the hearing if one is set
Some petitions are granted on paper; others require a hearing where the prosecutor can object. Bring proof of completed sentence and rehabilitation.
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Verify the order was carried out
After the order is signed, check the court index, the state repository, and any background-check services that previously showed the record. Send the order to any that still report it.
Expungement, sealing, and nondisclosure
- Expungement (or expunction) orders every agency that holds the record to destroy it or return it to the court. Afterwards you can generally deny the arrest ever happened. It is the strongest remedy and usually the hardest to qualify for.
- Sealing removes the record from public view. Courts, police, prosecutors, and specific licensing agencies can still see it. Some states call this an order of nondisclosure.
- Set-aside, vacatur, or dismissal after probation changes the legal status of a conviction without necessarily removing the record. It may be a prerequisite for sealing.
- Certificates of rehabilitation or relief do not hide the record but limit how it can be used against you.
Who typically qualifies
Rules vary, but the common pattern is:
| Situation | Typical remedy |
|---|---|
| Arrested, never charged | Expungement, often after a short waiting period |
| Charged, then dismissed or acquitted | Expungement |
| Completed a diversion or deferred program | Expungement or sealing, depending on the state and offense |
| Convicted of a minor misdemeanor | Sealing after a waiting period; expungement in some states |
| Convicted of a felony | Sealing in some states after a longer period; often excluded for violent, sexual, and DWI offenses |
| Juvenile adjudication | Sealing, often automatic at a certain age |
Waiting periods run from the date the sentence, including probation and fines, was fully completed, not from the date of the offense.
The process in most states
- Get your record. Order your official criminal history from the state repository (fingerprint-based is best) and pull each court file. You need exact charges, dispositions, dates, and case numbers. Our criminal records guide explains where to look.
- Check eligibility for each case. One arrest can produce several charges with different outcomes, and each may qualify for a different remedy.
- Prepare the petition. Most states have a statutory form or a court-provided form. It is filed in the court where the case was heard, and it must list every agency that holds the record (police, sheriff, prosecutor, state repository, jail).
- File and pay. Filing fees range widely; fee waivers are available for people who cannot afford them.
- Serve the prosecutor and agencies. They have a period to object.
- Hearing. If nobody objects, many courts sign the order without a hearing. If there is an objection, a short hearing is held.
- Distribute the order. The clerk sends the signed order to the listed agencies. Keep a certified copy for yourself.
Automatic ("clean slate") expungement
A growing number of states automatically seal or expunge qualifying records without a petition, typically minor convictions after a set number of years, and non-conviction records soon after the case closes. Automatic relief still depends on the state's data being accurate, so check your record afterwards.
Verifying the record is gone
Several months after the order:
- Search the court's public index for your name.
- Order a new copy of your state criminal history.
- If a background-check company previously reported the case, send them the order and ask for a corrected report.
- Remember that federal agencies, immigration authorities, and some licensing boards may still see sealed records, and that sealing in one state does not affect records in another.
What expungement cannot do
- Remove a case from news reports or private websites that copied the record before it was sealed (some states require data brokers to honor sealing orders).
- Clear a federal conviction; federal expungement is extremely limited.
- Restore rights automatically (firearms, voting, professional licenses); those are often separate processes.
Finding help
Legal aid societies, law-school clinics, and public defender offices run expungement clinics in most states. Courts increasingly publish self-help packets. The state guides on this site link the relevant statutes so you can read the eligibility rules directly.
Frequently asked questions
What is the difference between expungement and sealing?
Expungement destroys or removes the record so that it legally never existed. Sealing (or an order of nondisclosure) hides it from the public but keeps it available to law enforcement, courts, and certain licensing agencies and employers.
Can a conviction be expunged?
In most states, expungement is limited to arrests that did not lead to a conviction, such as dismissals, acquittals, and completed diversion programs. Convictions are more often eligible for sealing after a waiting period, though some states now expunge certain misdemeanors.
Do I need a lawyer to expunge a record?
Not always. Many courts provide forms and self-help guides, and legal aid organizations run expungement clinics. A lawyer helps when eligibility is unclear or the prosecutor is likely to object.
Will an expunged record show up on a background check?
It should not, but private background-check companies sometimes keep stale data. Send them a copy of the order; the Fair Credit Reporting Act requires them to report accurate, current information.