Introduction
A criminal record can follow you for life — affecting your ability to find employment, secure housing, obtain professional licenses, and more. Fortunately, many states allow certain criminal records to be sealed or expunged, effectively hiding or erasing them from public view. If you qualify, expungement or sealing can be one of the most impactful legal steps you can take to improve your future opportunities.
What is the Difference Between Sealing and Expungement?
Expungement
Expungement is the legal process of destroying or erasing a criminal record entirely. Once expunged, the record is treated as if it never existed. In most cases you can legally answer “no” when asked on job applications whether you have been arrested or convicted.
Record Sealing
Sealing a record does not destroy it but hides it from public view. The record still exists and can be accessed by certain government agencies, law enforcement, and courts — but it will not appear on most background checks. The practical effect for most people is similar to expungement.
What Records Can Be Expunged or Sealed?
Eligibility varies significantly by state but commonly includes:
- Arrests that did not lead to conviction
- Charges that were dismissed
- Minor misdemeanor convictions
- First-time nonviolent felony convictions (in some states)
- Juvenile records
- Certain drug offenses — especially after completion of a diversion program
What Records Generally Cannot Be Expunged?
- Serious violent felonies
- Sex offenses requiring registration
- Crimes against children
- DUI or DWI convictions (in most states)
- Multiple convictions in some states
General Eligibility Requirements
While requirements vary by state, most expungement processes require that you:
- Have completed your sentence including probation and parole
- Have paid all fines, fees, and restitution
- Have waited a required period of time after completing your sentence (typically 1 to 5 years)
- Have not been convicted of any new crimes during the waiting period
- Meet the specific eligibility criteria for the type of offense
Step-by-Step: How to Expunge or Seal Your Record
Step 1: Obtain Your Criminal Record
Request a copy of your complete criminal record from your state’s Department of Justice or State Police. Review it carefully for accuracy — errors on criminal records are more common than you might think.
Step 2: Research Your State’s Eligibility Requirements
Look up your state’s specific expungement laws. Many state court websites have self-help sections explaining eligibility requirements and the filing process. Legal aid organizations in your area may also offer free guidance.
Step 3: Complete the Required Forms
Obtain the expungement petition forms from your local courthouse or state court website. Fill them out completely and accurately. You will typically need to provide your personal information, details of the offense, and the case number.
Step 4: File the Petition with the Court
File your completed petition with the court that handled your original case. Pay the filing fee — typically $100 to $400 depending on your state. Some states waive fees for low-income applicants.
Step 5: Notify the Prosecutor
In most states you are required to notify the prosecutor’s office of your petition. They have the right to object. In many cases prosecutors do not object to expungements for minor offenses.
Step 6: Attend the Hearing
Some states require a court hearing where a judge reviews your petition. Be prepared to explain why expungement is appropriate in your case and how you have moved forward since the offense.
Step 7: Receive the Order and Follow Up
If your petition is granted, the court will issue an expungement order. Make sure copies are sent to all relevant agencies — the arresting police department, the state repository, and any other agencies that may have records. Follow up to confirm the record has actually been updated.
How Long Does Expungement Take?
The process typically takes 3 to 6 months from filing to completion. Some states have faster processes for straightforward cases while others can take longer especially if there is a hearing involved.
Do I Need an Attorney?
For straightforward cases — a single arrest or minor misdemeanor — many people successfully handle their own expungement without an attorney. However for more complex situations, multiple offenses, or states with complicated eligibility requirements, hiring an expungement attorney can be worthwhile. Many attorneys offer flat fees for expungement services ranging from $500 to $1,500.
Free Expungement Resources
- Legal aid organizations — many offer free expungement clinics and assistance
- Law school clinics — law students supervised by attorneys often handle expungements for free
- Self-help centers at courthouses
- Reentry programs for formerly incarcerated individuals
The information on LegalConsultants.com is provided for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.