Expungement

What is expungement?

Expungement is a court process that removes or seals a criminal record from public view. After expungement, the record is treated as if it never happened for most purposes.

Expungement vs. sealing: While the terms are sometimes used interchangeably, expungement typically means the record is destroyed, while sealing means it still exists but is hidden from public searches. The practical effect is often similar — most background checks won't find a sealed or expunged record.

Why expungement matters

A criminal record — even for a minor offense or a case that was dismissed — can create lasting barriers:

• Employment — Many employers run background checks, and a record can disqualify you from jobs.
• Housing — Landlords may deny rental applications based on criminal history.
• Education — Some schools and financial aid programs consider criminal records.
• Professional licenses — Certain careers (nursing, teaching, law) require clean records.
• Immigration — Criminal records can affect visa applications and citizenship.

Eligibility requirements

Eligibility varies significantly by state, but common factors include:

• Type of offense — Minor offenses and misdemeanors are more likely to be eligible. Many states exclude serious violent crimes and sex offenses.
• Case outcome — Dismissals, acquittals, and completed diversion programs are often eligible. Some states also allow expungement of convictions.
• Waiting period — Most states require a certain number of years to pass since the offense or completion of the sentence.
• No new offenses — A clean record since the original offense is usually required.
• Completion of sentence — All fines, probation, community service, and other conditions must be fulfilled.

The expungement process

1. Check eligibility — Review your state's laws or consult a legal aid organization to determine if your record qualifies.
2. Obtain your record — Request a copy of your criminal record from the courthouse or state repository.
3. File a petition — Complete the expungement forms for your court and pay any filing fees (fee waivers may be available).
4. Notify the prosecution — Most courts require you to serve a copy of your petition on the district attorney or prosecutor.
5. Attend the hearing — Some petitions are granted without a hearing. If a hearing is required, be prepared to explain why expungement is appropriate.
6. Receive the order — If granted, the court issues an expungement order directing agencies to seal or destroy the record.

After expungement

• For most purposes, you can legally answer "no" when asked about criminal history on job and housing applications.
• Government background checks (law enforcement, security clearances) may still access sealed records.
• Some private background check companies may take time to update their databases — follow up if an expunged record still appears.
• Keep a copy of the expungement order for your records.

Related options

If expungement is not available, other options may help:

• Pardons — A governor or the President can grant a pardon, which forgives the offense but may not remove it from your record.
• Certificates of rehabilitation — Some states issue certificates showing you have been rehabilitated, which can help with employment and licensing.
• Certificates of relief — May remove specific barriers (like licensing restrictions) associated with a conviction.

Finding help

• Your local legal aid office (many have dedicated expungement programs)
• Court self-help centers
• Public defender's office (some assist with post-conviction relief)
• Law school clinics
• Community organizations that offer expungement workshops or "clean slate" events