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Expungement and Record Sealing: How Clearing a Record Works

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A criminal record can affect jobs, housing and licenses long after a case ends. Many states allow some records to be sealed or expunged, but eligibility depends heavily on the state and the offense.

Expungement vs. sealing

Expungement generally means the record is erased or treated as if it never existed. Sealing hides the record from most public view, though courts and some agencies may still see it. The terms are used differently in different states.

Who is often eligible

  • People whose charges were dismissed or who were acquitted, in many states.
  • People convicted of certain lower-level offenses after a waiting period without new offenses.
  • People who completed a diversion or deferred adjudication program.
  • Some states have "clean slate" laws that clear certain records automatically.

Who often is not

Serious violent offenses and sex offenses are commonly excluded, and some states limit how many records you can clear. Always check the rules for your state and the exact offense.

Typical steps

  1. Get a copy of your criminal record to confirm what is on it.
  2. Check eligibility and the waiting period under state law.
  3. Complete the petition and pay the fee, if any. Waivers may be available.
  4. File with the court, notify the prosecutor if required and attend a hearing.
  5. Once granted, update background check companies and keep a copy of the order.

Frequently asked questions

Can I legally say I have no record after expungement?

It depends on the state and the situation, including exceptions for certain jobs and applications. Ask a lawyer.

Where can I get help?

Many legal aid groups and law school clinics run record-clearing programs, often for free.

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