How to Get a Criminal Record Expunged or Sealed

A criminal record, even an old arrest that never led to a conviction, can show up on background checks for jobs, apartments and licenses. Most states offer a way to expunge (erase or destroy) or seal (hide from public view) at least some records.

Expungement vs. sealing

The terms are used differently from state to state. Broadly, expungement removes the record or treats the case as if it never happened, while sealing keeps it but restricts who can see it. Either way, law enforcement, courts and some licensing agencies may still have access, and some federal processes (like immigration) look past state relief.

What's usually eligible

• Arrests that didn't lead to conviction, and dismissed or acquitted charges: almost always eligible, sometimes immediately.
• Diversion or deferred adjudication cases you completed successfully.
• Many misdemeanors after a waiting period.
• Some lower-level felonies in a growing number of states.
• Marijuana offenses in many states that legalized cannabis, sometimes automatically.

Usually not eligible: serious violent felonies, most sex offenses and certain offenses involving children. Many states also require that you have no new convictions during the waiting period and that you've paid fines and finished probation.

The usual steps

1. Get your record. Order your state criminal history and court records so you know exactly what's there.
2. Check eligibility and waiting periods under your state's law. Waiting periods commonly run from a year to ten years depending on the offense.
3. File a petition with the court that handled the case, often with a filing fee (waivers are often available).
4. Notice to the prosecutor, who may object.
5. Hearing, if required, where a judge decides.
6. Follow up to make sure agencies, and ideally private background check companies, update their records.

"Clean slate" laws

A growing number of states have passed clean slate laws that seal eligible records automatically after a waiting period, without a petition. If you're in one of these states, check whether your record has already been cleared.

Do you need a lawyer?

Simple cases (a dismissed charge, one old misdemeanor) are often doable with court self-help forms. A lawyer is worth it if you have multiple cases, cases in several counties or states, a felony, or a denied petition. Some legal aid groups run free expungement clinics.

Find a criminal defense attorney near you who handles record clearing.

This guide is general information, not legal advice. Eligibility and procedures vary significantly by state.