Expungement and Record Sealing: Clearing Your Criminal Record
A criminal record can follow you for life, affecting employment, housing, education, and even your ability to volunteer. Expungement and record sealing are legal processes that can limit or eliminate public access to your criminal history.
Expungement vs. Record Sealing
Expungement: The criminal record is destroyed or deleted as if it never existed. You can legally say you were never arrested or convicted in most circumstances.
Record Sealing: The record still exists but is hidden from public view. Law enforcement and certain government agencies may still access it. You may still need to disclose sealed records in some situations (e.g., applying for a security clearance).
Who Is Eligible?
Eligibility varies dramatically by state, but common factors include:
Type of offense: Many states allow expungement of misdemeanors and non-violent felonies. Serious offenses (murder, sex crimes, DUI with injury) are typically excluded.
Time elapsed: Most states require a waiting period after completing your sentence (typically 1-10 years).
Completion of sentence: You must have completed all terms of your sentence including probation, community service, fines, and restitution.
No subsequent offenses: You generally cannot have any new criminal charges or convictions.
Age at offense: Juvenile records are often easier to expunge than adult records.
Step-by-Step Process
Step 1: Obtain Your Criminal Record
Request your records from the court where your case was handled
You can also request a background check through your state's bureau of investigation or the FBI
Step 2: Determine Your Eligibility
Review your state's expungement statute (often found in the criminal procedure code)
Consider consulting an attorney or legal aid organization
Some states offer free online eligibility tools
Step 3: Prepare and File Your Petition
Complete the expungement petition form (available from your court or state judiciary website)
Attach supporting documents: proof of sentence completion, evidence of rehabilitation, character references
Pay the filing fee (typically $100-$400, though fee waivers may be available for low-income petitioners)
Step 4: Serve Notice
The prosecutor's office must be notified of your petition
Some states also require notifying the arresting agency and state police
Step 5: Attend the Hearing
Not all states require a hearing, but many do
Be prepared to explain your rehabilitation and why expungement serves the interests of justice
The prosecutor may object — bring evidence of your good conduct since the offense
Step 6: After Expungement
Notify background check companies of the order
Records may take weeks or months to be fully removed from databases
Private background check companies may still have cached records — you may need to contact them directly
Clean Slate Laws
A growing number of states have adopted "Clean Slate" laws that automatically seal or expunge certain records after a specified time period without requiring a petition. States with automatic expungement include Pennsylvania, Utah, Michigan, Connecticut, and others.
Key Terms: Expungement — destruction of criminal records. Sealing — hiding records from public view. Clean Slate — automatic expungement laws. Petition — formal request to the court.
Disclaimer: Expungement laws vary significantly by state. Many legal aid organizations offer free expungement clinics. Consult an attorney for advice specific to your situation.