To clean your criminal record, you generally have two tools: expungement, which erases the record, and sealing, which hides it from public view. The path is the same in most states: confirm you qualify, pull your case records, file a petition in the county where the case was handled, and wait for a judge’s decision. A growing number of states now do this automatically for eligible records, with no petition required. And the work doesn’t end when the judge signs the order, because private background check companies keep their own databases that a court order doesn’t automatically update.
Expungement or Sealing: Which One You Want
The two outcomes are different, and the difference matters when you fill out job and housing applications later.
Expungement legally treats the record as if it never existed. In most jurisdictions the physical and digital files are destroyed or permanently removed from public databases. Once a court grants an expungement, you can generally answer “no” when asked about the arrest or conviction.
Sealing is lighter. The record still exists, but it becomes invisible to the general public, employers, and landlords running standard background checks. Law enforcement, courts, and certain government agencies can still see it. Because sealing is less drastic, more offenses tend to qualify for it than for full expungement.
Two related tools come up often but do something different. A pardon forgives the offense without erasing it; a Department of Justice opinion confirms that a presidential pardon “does not automatically expunge Judicial or Executive Branch records relating to the conviction or underlying offense,” and the same is true of most governor’s pardons.1U.S. Department of Justice. Whether a Presidential Pardon Expunges a Conviction Certificates of relief or rehabilitation can restore specific civil rights, such as voting or holding a professional license, without clearing the underlying record.
Check Whether Your State Clears It Automatically
Before you spend time and money on a petition, find out whether you need to file at all. As of 2026, more than a dozen states and Washington, D.C., have enacted Clean Slate laws that automatically seal eligible records after a set waiting period with no new criminal activity. Automatic clearing typically applies to misdemeanor convictions and arrests that didn’t lead to a conviction, and several states include certain non-violent felonies. The waiting period usually runs from the date you completed your sentence, including any probation.
If your state has a Clean Slate law and your record qualifies, the process costs you nothing.
Whether You Qualify
Even in states without automatic clearing, eligibility rules share common threads.
The offense itself drives most of the decision. Misdemeanors and lower-level felonies are the most likely to qualify. Serious violent felonies, most sex offenses, and offenses involving minors are commonly excluded.
The outcome of the case matters too. Arrests that ended in a dismissal or acquittal are the easiest to clear. Convictions face a mandatory waiting period before you can file, and that clock usually starts only after every part of the sentence is finished: any jail or prison time, probation, parole, community service, and full payment of fines and restitution. For misdemeanors, waiting periods commonly run one to three years after completing the sentence. Felonies often require five years or more.
You also have to have stayed out of trouble. Any new arrest or conviction during the waiting period will usually disqualify you, and some jurisdictions treat pending charges as a bar as well.
Two Situations That Trip People Up
Professional licensing boards often require you to disclose expunged or sealed convictions anyway. This is common in nursing, medicine, law, teaching, real estate, and insurance. Several states have passed laws prohibiting licensing boards from considering expunged convictions, but the rules are inconsistent. If you hold or want a professional license, check your board’s rules before assuming the slate is wiped.
If you are not a U.S. citizen, a state expungement does not protect you from immigration consequences. Federal immigration law uses its own definition of “conviction,” which captures any case where you pleaded guilty or were found guilty and received some form of punishment, regardless of what later happened to the record.2Legal Information Institute. 8 USC 1101(a)(48) – Definition of Conviction USCIS policy is explicit that “a record of conviction that has been expunged does not remove the underlying conviction” for immigration purposes, and officers can require evidence of the conviction regardless of whether the record was expunged or sealed.3U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 12, Part F, Chapter 2 Talk to an immigration attorney before you file.
Federal Convictions
Record-clearing happens almost entirely through state courts, because most criminal cases are prosecuted at the state level. There is no general federal expungement statute. The one narrow exception is for first-time simple drug possession where the defendant was under 21 at the time, under 18 U.S.C. ยง 3607.4Office of the Law Revision Counsel. United States Code Title 18 Section 3607 – Special Probation and Expungement Procedures for Drug Possessors Outside of that, the only realistic path for a federal conviction is a presidential pardon, which forgives but does not erase.
Gather Your Records Before You File
You need a complete picture of what’s actually on your record. Start by requesting your criminal history from your state’s central repository, typically the state police or state bureau of investigation. That covers one state’s system.
For a national picture, request your FBI Identity History Summary. It costs $18, with fee waivers available for those who cannot pay, and you submit fingerprints either electronically at a participating U.S. Post Office or by mailing a completed fingerprint card to the FBI.5Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions
For each case you plan to clear, collect:
- The case number assigned by the court
- Date of arrest
- The specific charges filed, not just the general category
- The final disposition: conviction, dismissal, acquittal, or deferred adjudication
- Date the case closed
- Proof that you completed every part of the sentence, including probation or parole, fines, and any required programs
Some jurisdictions require new fingerprints as part of the application, which usually runs $15 to $40. Incomplete paperwork is the most common reason petitions stall, so put everything together before you file.
Filing the Petition
File in the county where your case was handled. If you have cases in more than one county, you file a separate petition in each court. Forms and procedures vary, so contact the clerk of courts for current instructions.
Filing fees generally run from nothing to a few hundred dollars per petition, and most courts offer waivers for financial hardship. After filing, you typically have to serve notice on the prosecutor’s office, and sometimes the original arresting agency, giving them a chance to review the petition.
The prosecutor usually has 30 to 60 days to respond. If no objection is filed, many judges grant the petition without a hearing. If prosecutors object or the judge has questions, you’ll be scheduled for a hearing where you may need to present testimony about your rehabilitation and current circumstances.
What It Costs
Court filing fees generally run $0 to $300 per petition, with waivers available in most jurisdictions. If you hire an attorney, expect somewhere between $400 and $5,000 depending on the complexity of your case, the number of charges, and local rates. Straightforward misdemeanor expungements sit at the low end. Multiple felony convictions, contested hearings, or petitions in several counties cost more.
Free help exists. Many legal aid organizations, law school clinics, and public defender offices run expungement programs for people who qualify by income. Some states hold periodic expungement clinics where attorneys volunteer at no cost. Searching for “free expungement help” plus your state’s name usually turns up local options.
After the Court Clears Your Record
Getting a court order is not the end. Private background check companies build their databases by scraping public records over time, and those databases don’t automatically update when a court grants an expungement. This is where most people stop, and where problems start.
Disputing Entries With Background Check Companies
Once you have the signed order, send it to the private background check companies that may still be reporting the record. The Fair Credit Reporting Act requires consumer reporting agencies to “follow reasonable procedures to assure maximum possible accuracy” in their reports.6Office of the Law Revision Counsel. United States Code Title 15 Section 1681e – Compliance Procedures Reporting an expunged or sealed record violates that standard, which gives you grounds to dispute the entry.
If a background check still shows your cleared record, file a formal dispute with the reporting agency. Under the FCRA, the agency has to investigate and respond. Keep a certified copy of your court order for this purpose.
The Seven-Year Limit on Arrests
Even without an expungement, the FCRA limits what background check companies can report. Records of arrest that did not result in a conviction cannot appear on a consumer report if more than seven years have passed. The seven-year cap does not apply to positions with an annual salary of $75,000 or more.7Office of the Law Revision Counsel. United States Code Title 15 Section 1681c – Requirements on Consumer Reporting Agencies Convictions can be reported indefinitely under federal law unless your state imposes a shorter limit or you obtain an expungement.
Federal Jobs and Fair Chance Hiring
If you’re applying for a federal job or a position with a federal contractor, the Fair Chance to Compete for Jobs Act prohibits the employer from asking about your criminal history before making a conditional offer of employment, with exceptions for positions requiring security clearances, sensitive national security duties, and law enforcement roles.8U.S. Department of the Treasury. The Fair Chance to Compete Act Many states and cities have passed similar “ban the box” laws covering private employers, with specifics that vary by jurisdiction.