Expungement refers to the process of destroying, erasing, or sealing arrest or conviction records. Most states allow adults and juveniles to “expunge,” “seal,” or otherwise hide or destroy court records of convictions for specified criminal offenses. Though the details vary from one state to the next, most states' laws provide that once an arrest or conviction has been expunged, it need not be disclosed, including to most potential employers or landlords. Learn more about expungement and how it works.
What Is the Definition of Expungement?
When someone expunges their criminal record, they ask the court to seal their criminal record from public view. A criminal record includes more than conviction records; it may also include arrest and booking records, criminal charging documents, sentencing records, and other related criminal justice records.
For most purposes, the expunged record no longer legally exists and doesn’t need to be disclosed. Suppose you were convicted of assault and later got the record sealed, and you had no subsequent brushes with the criminal law system. When applying for an apartment, you can legitimately check the “None” box when asked to list your criminal convictions.
In only a few states or circumstances does the court or other agency destroy expunged records. More often, the court or an agency will retain limited access to the expunged record for purposes of possible future criminal charges or sentencing. (More on this issue below.)
What Is the Difference Between Expunging and Sealing a Record?
Just as states have different laws regarding criminal record expungement, they also define the terms "expungement" and "sealing" differently. Regardless of what a state calls it, what matters is how state law defines the term or terms.
In some states, expunged records are destroyed and sealed records are hidden from public view. Other states don't destroy expunged records and simply use either "expungement" or "sealing" to refer to the process of preventing public access to the record. Several states don’t use either term and may refer to "expunction," "record redaction," "record closure," or some other term. You’ll need to check the law in your state to determine what the process is called and what it means.
What Criminal Records Are Eligible for Expungement?
Your first order of business is to find out whether your record qualifies for expungement. Each state’s laws define what records are eligible for expungement and when. While all states define eligibility differently, most will look at the following factors.
Were You Convicted of a Crime or Arrested But Not Convicted?
Some states will more readily expunge arrest-without-conviction records than those that resulted in a conviction. (It's important to realize that even if the prosecutor decides not to file charges or drops the charges, a record still exists. A person who's acquitted also has a record.)
How Serious Was the Crime?
States typically prohibit the expungement of certain criminal records, including violent felonies and sex offenses. A state might list specific crimes that cannot be expunged or impose stricter eligibility requirements for a category of offenses, such as felonies versus misdemeanors.
How Long Since Your Arrest or Conviction?
Most states impose a waiting period of one, three, five, or more years after arrest, conviction, or completion of a sentence to qualify for expungement.
Have You Completed the Sentence or Diversion Program?
Generally, a person won’t be eligible for expungement until the terms of their sentence or diversion program are successfully completed, which requires completion of all jail or prison time, probation, and parole and payment of all fines, fees, and restitution orders. (Some states allow expungement even though the person has outstanding fines and fees.) As noted above, a waiting period may also apply following the completion of the sentence.
Were You Convicted of Subsequent Crimes?
Most states will not offer record sealing to people who have re-offended after or while completing their sentence. In other words, the person must remain crime-free for a certain amount of time.
Have You Previously Expunged or Sealed a Record?
Several states allow expungement only once in a lifetime. Others might permit a person to expunge any number of non-conviction records, but only one conviction record. The laws vary significantly on whether a person gets one or more bites at the apple.
Is Your Record From Adult Criminal Court or Juvenile Court?
If the record stems from your involvement in juvenile court for an offense committed as a child, your state might have a different expungement process for juvenile records. Contrary to what some believe, most juvenile records don't drop off a person's record once they turn 18. And juvenile records aren't always confidential. So it's a good idea to check out any juvenile records and see if expungement is an option.
How to Apply for Expungement
In many states, you’ll need to fill out an application or petition for expungement and file it with the court that imposed the conviction. Or, in the case of arrest or charging records, you’ll typically file the papers in the court that has jurisdiction over the city or county where the arrest took place.
Do I Need a Lawyer to Expunge My Record?
If your criminal record is eligible for expungement, you might not need to hire an attorney to complete the process. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free. You might also find information and help from a local legal aid organization or at an expungement clinic (often run by a criminal justice organization or law school clinic). In more complex situations, you might need the assistance of a qualified criminal law attorney. (Check out the "Resources" section below.)
Can I Expunge My Record for Free?
As with everything else, the cost of expungement varies by state. Some states will automatically expunge certain records as part of a court hearing or another process, meaning it will be free. In other states, you’ll need to pay a fee when filing your petition or application with the court. But even in these states, you might be able to ask the court to waive the filing fees if you can’t afford to pay them. Look on the court’s website or ask the court for information on filing in forma pauperis (IFP) or seeking a waiver of filing fees.
Limits to Expungement
Although expunging your record will have many advantages, understand that it will not completely erase the event from the face of the earth. Your conviction will come to light and can be used against you in the following circumstances and ways:
- Subsequent criminal charges and sentences. Many criminal offenses can be charged as more serious crimes when the defendant is a repeat offender. Sentences, too, can be enhanced. Your record will likely be available to the prosecutor and the judge should you end up in criminal court again.
- Applying for certain sensitive jobs. Most expungement statutes allow specified employers to gain access to your record, sealed or not. These employers include the government, particularly when you’re applying for law enforcement jobs; and private employers where you’ll be interacting with children or vulnerable adults.
- Online information lives on. Practically speaking, the internet never forgets. If the circumstances of your arrest and conviction were the subject of local news coverage, chances are that there’s an online record of that, which will not be affected by your successful record sealing. If the incident was discussed on social media, it’s still out there.
How States Address Expungement and Record Sealing
Each state has its own rules regarding record sealing or expungement, specifying which convictions or records qualify, which defendants may apply, and the circumstances in which even sealed records may be accessed (when applying for certain jobs, for instance). Whichever state holds the record is the state law that will apply to seal or expunge that record.
Some states have broad expungement laws that allow many individuals a second chance. Several even make the process automatic, so an individual doesn't have to do a thing to seal their record. On the flip side, a number of states' laws continue to greatly limit sealing options. State laws change all the time, so even if your record doesn't qualify now, check the law each year to see if changes make you eligible for expungement.
Resources: Finding Your State's Record-Clearing Laws
To find out how your state addresses expungement and record sealing, check out some of these resources:
- your state's judicial branch or court website (many have self-help forms and instructions for expungement or sealing of records)
- a state, regional, or local legal aid organization (many offer instructions or assistance for record sealing), and
- local law schools (some offer legal clinics for expungement).
National organizations also provide useful information on record-sealing options, including: