How to Expunge a Criminal Record in Expungement Attorneys: Steps & Eligibility
How to Expunge a Criminal Record: Attorneys, Steps & Eligibility
Criminal record expungement attorneys help people determine whether past arrests, dismissed charges, misdemeanors or felony convictions qualify for expungement, sealing or another form of record relief. They can review court records, prepare legal petitions, handle objections and verify that a granted order has been implemented.
First, obtain your complete criminal-history information and certified court dispositions. Next, check the expungement or sealing laws of the state where each case occurred. If eligible, complete the required forms, file the petition or application, give any required notices, attend a hearing if ordered, and obtain the signed order.
You do not always need an attorney. However, an experienced expungement lawyer can be particularly helpful for felony convictions, multiple cases, previous denials, immigration concerns and disputed eligibility.
What Is Criminal Record Expungement?
Criminal record expungement is a legal process that provides qualifying relief from the public or governmental consequences of an arrest, criminal charge or conviction.
The meaning of expungement differs substantially among U.S. jurisdictions. Depending on the state and legal procedure, a record may be destroyed, removed from routine public access, sealed from most background checks or updated to show that a conviction was dismissed.
Some states use the word expungement for procedures that others call record sealing, set-aside, dismissal or record restriction.
Expungement vs. sealing vs. dismissal
| Legal remedy | Typical effect | Important limitation |
|---|---|---|
| Expungement | May remove, destroy or legally restrict eligible criminal records. | Meaning and agency access depend on the statute. |
| Record sealing | Generally hides qualifying records from ordinary public access. | Some government agencies and authorized employers may retain access. |
| Conviction dismissal | Sets aside or dismisses an eligible conviction under a state procedure. | Does not always erase the case from court or criminal-history records. |
| Set-aside | Changes the legal status of a qualifying conviction or judgment. | The effect depends on the governing state law. |
| Record restriction | Limits access to designated criminal-history information. | Restricting an agency record may not automatically seal the court file. |
| Pardon | Grants executive clemency for a qualifying offense. | A pardon generally does not automatically expunge the conviction. |
Who Is Eligible to Expunge a Criminal Record?
Eligibility depends on the state, offense, case outcome, criminal history and the type of relief requested.
No nationwide rule guarantees expungement after a particular number of years. A waiting period that applies to a dismissed misdemeanor in one state may not apply to a felony conviction in another.
Common factors that determine eligibility
Dismissal or Acquittal
Arrests without convictions may be eligible for expungement or sealing. Some states provide automatic relief for particular non-conviction records.
Misdemeanor or Felony
Eligibility often depends on the offense classification. Some convictions qualify; others remain excluded or require special relief.
Probation and Parole
Some laws require completing probation, parole or supervision before relief can be requested.
Waiting Period
A required waiting period may begin after conviction, sentencing, release from custody or completion of the sentence.
Prior Convictions
The number and nature of prior convictions can affect eligibility, especially when statutes limit relief to certain records.
Automatic Relief
Some states automatically clear eligible records. Implementation dates and actual completion can differ from the date a law was enacted.
Criminal records that may qualify
- Arrests that did not result in charges.
- Dismissed criminal cases.
- Charges ending in an acquittal.
- Completed diversion or deferred-disposition cases.
- Qualifying misdemeanor convictions.
- Eligible nonviolent felony convictions under certain state laws.
- Some qualifying marijuana-related offenses.
- Certain juvenile records under separate juvenile procedures.
Criminal records that may be ineligible
State laws frequently exclude some serious violent crimes, specified sex offenses, offenses involving children or other specially designated convictions.
Additional restrictions may apply to people with new criminal charges, incomplete sentences or certain prior convictions.
The National Conference of State Legislatures’ Automatic Criminal Record Clearing Database provides state-by-state statutory information about automatic record relief.
What Do Criminal Record Expungement Attorneys Do?
An expungement attorney is a licensed lawyer who helps clients pursue a legally available process to clear, restrict, dismiss or seal qualifying criminal records.
Some specialize in post-conviction criminal law, while others handle record clearing through criminal defense, civil legal aid or reentry legal services.
Common services provided by an expungement lawyer
| Attorney service | How it helps |
|---|---|
| Criminal-history review | Identifies arrests, charges, case numbers and final dispositions across relevant courts. |
| Eligibility analysis | Determines which statutes and record-relief procedures might apply. |
| Certified-record collection | Obtains dispositions, sentences and other documents required for a petition. |
| Application preparation | Prepares eligibility applications, affidavits and supporting materials. |
| Court petition filing | Submits the appropriate petition in the court with jurisdiction. |
| Agency notification | Handles required notice to prosecutors, police agencies and other designated recipients. |
| Hearing representation | Represents the client when a hearing, objection or contested eligibility issue arises. |
| Order follow-up | Helps confirm the court and designated criminal-history agencies have processed the order. |
When is hiring an expungement attorney particularly useful?
- You have several criminal cases in different counties or states.
- A felony conviction or complicated sentencing history is involved.
- Your record includes deferred adjudication, probation revocation or multiple dispositions.
- A prosecutor has objected or a previous petition was denied.
- You have immigration consequences or are not a U.S. citizen.
- You need to understand professional licensing or firearm-related consequences.
- You need a remedy other than ordinary expungement.
How to Expunge a Criminal Record: 10 Practical Steps
These steps describe a typical petition-based process. The exact sequence may differ in states with automatic sealing, administrative relief or a separate eligibility certification requirement.
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Step 1: Obtain your criminal-history record.
Request the relevant state criminal-history report or available personal record review. If a case occurred in several states, check the records of each jurisdiction rather than relying on one public name search.
You can also review your own federal Identity History Summary through the FBI’s fingerprint-based request procedure.
- Step 2: Collect your court case numbers and dispositions. Contact the Clerk of Court where each case was filed. Ask for certified dispositions showing whether the case ended in dismissal, acquittal, conviction, diversion or another outcome.
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Step 3: Determine the correct type of relief.
Check whether the jurisdiction offers expungement, sealing, conviction dismissal, set-aside, record restriction or automatic relief.
A dismissed charge and a conviction may require different applications.
- Step 4: Confirm statutory eligibility. Review waiting periods, offense exclusions, prior convictions, probation status and any other requirements. An expungement attorney can identify the controlling statutes and relevant exceptions.
- Step 5: Complete the required application or petition. Download the court-approved forms or use the state’s official guided forms. Include accurate personal information, case numbers, sworn statements and required supporting documents.
- Step 6: Obtain preliminary approval if the state requires it. Some states require a certificate or agency determination before filing. Florida, for example, requires a Certificate of Eligibility through FDLE for its ordinary court-ordered sealing and expungement process.
- Step 7: File in the court with jurisdiction. Submit the petition to the proper court, generally associated with the original criminal proceeding. Confirm any filing fee or fee-waiver process.
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Step 8: Serve required notices.
Depending on state law, the prosecutor, law-enforcement agency or state criminal-history repository may need copies of the petition.
Preserve proof of service where required.
- Step 9: Attend a hearing if necessary. Some petitions are decided on submitted documents. Others require a hearing, especially when the prosecutor objects or the court must make discretionary findings.
- Step 10: Obtain the final order and verify record updates. A submitted petition or preliminary eligibility certificate is not the final relief. Obtain the signed order, keep a certified copy and check whether the relevant record custodians have processed it.
What Documents Should You Bring to an Expungement Attorney?
Arriving at a legal consultation with the correct records can make the eligibility assessment more useful.
| Document | Why it is needed | Where to obtain it |
|---|---|---|
| Government photo identification | Verifies your identity. | Government issuing agency. |
| State criminal-history transcript | Identifies potentially relevant arrests and dispositions. | State police or identification bureau. |
| Complete case numbers | Identifies the exact criminal proceedings. | Original court records. |
| Certified court dispositions | Establishes whether charges ended in conviction, dismissal or another result. | Clerk of Court. |
| Sentencing and probation documents | Shows the sentence and whether the terms were completed. | Court or supervising agency. |
| Diversion completion letter | Supports relief based on completed diversion. | Prosecutor or diversion program. |
| Prior sealing or expungement orders | Helps identify previous relief that could affect eligibility. | Original court or record custodian. |
| Relevant immigration or licensing notices | Helps evaluate consequences beyond ordinary public background checks. | Relevant agency or legal representative. |
How Much Do Criminal Record Expungement Attorneys Cost?
The cost of hiring a criminal record expungement attorney varies by state, attorney, offense history and case complexity.
There is no reliable nationwide fixed fee for every expungement case. Some attorneys charge a flat fee for a straightforward petition, while others charge hourly rates for contested or complicated matters.
What may be included in the total cost?
| Expense | What it covers | What to ask |
|---|---|---|
| Attorney consultation | Initial case review and eligibility assessment. | Is the consultation free or paid? |
| Attorney flat fee | Defined legal services for a specific petition. | Does the quoted fee include filing and follow-up? |
| Hourly attorney services | Work billed for research, preparation, negotiations or hearings. | What hourly rate and estimated hours apply? |
| Court filing fee | Submission of the petition or motion. | Is a fee waiver available? |
| Certified court records | Obtaining original dispositions or orders. | Are copying and certification costs included? |
| Fingerprinting | Submission of fingerprints where required. | Does a separate vendor fee apply? |
| Agency application | Eligibility certification or state repository processing. | Is the agency fee refundable if denied? |
| Contested hearing | Attorney appearance and response to objections. | Is hearing representation included in the flat fee? |
| Post-order verification | Checking court and agency record updates. | Does the lawyer handle follow-up without additional charges? |
Examples of verified government fees
These government amounts are not attorney fees. They illustrate how separate state and court expenses can differ.
New York’s CPL § 160.59 process, for example, charges $5 for a disposition certificate outside New York City or $10 within the five boroughs, while the sealing application itself has no filing fee.
New York Courts — Official Sealing Application and Fee Instructions
How to avoid surprise attorney charges
Ask for a written fee agreement that identifies the cases covered, the type of relief sought, what happens if the petition is denied, whether hearings are included and who pays outside costs.
How to Find Qualified Criminal Record Expungement Attorneys Near You
A lawyer who regularly handles criminal record expungement or sealing in the jurisdiction where the case was filed is generally a stronger choice than someone unfamiliar with that state’s post-conviction procedures.
You do not necessarily need a lawyer located where you currently live. If your case was filed elsewhere, the lawyer must be authorized to practice and handle the matter in the relevant jurisdiction.
Step 1: Use a state or local bar lawyer referral service
The American Bar Association maintains a Lawyer Referral Directory listing state and local bar referral programs.
Search the directory for the state or city where your criminal case was filed, then ask the referral service for attorneys experienced with criminal record expungement, sealing or post-conviction relief.
ABA Lawyer Referral DirectoryStep 2: Verify attorney licensing and disciplinary status
Before paying, use the relevant state bar or attorney regulatory agency’s official lawyer lookup to confirm that the lawyer is authorized to practice and review any public disciplinary information.
A law firm’s marketing website alone is not proof that a particular person is licensed to provide legal representation.
Step 3: Ask about experience with your case type
Criminal record relief differs for a dismissed arrest, a misdemeanor conviction, a felony, a juvenile record and an older multi-state criminal history.
Ask the attorney to explain the actual statute or remedy that may apply to your case and why.
Step 4: Compare written service agreements
Request information about the work covered, anticipated procedural steps, filing costs, hearing representation and post-order verification.
10 Questions to Ask a Criminal Record Expungement Attorney Before Hiring
These questions help determine whether a prospective lawyer understands your jurisdiction and the type of relief you need.
- Are you licensed to practice in the state where my criminal case occurred?
- How frequently do you handle expungement or sealing petitions in this court?
- Which statute or record-relief procedure could apply to my case?
- Does my case require a waiting period or sentence completion?
- Will you review every charge and the final disposition before advising me?
- Can my court records and state criminal-history repository records both be addressed?
- Does your fee cover documents, filing, prosecutor notice and hearings?
- What happens if the prosecutor objects or the court denies my petition?
- Will you help confirm that the signed order was processed by the appropriate agencies?
- How might the relief affect licensing, immigration, firearm rights or legally required disclosures?
How to Expunge a Criminal Record for Free or With Low-Cost Legal Help
Hiring a private attorney is not the only option.
Some courts provide self-help forms, nonprofit legal organizations provide eligible clients with assistance, and public defender offices in certain counties operate post-conviction record-cleaning programs.
Legal Services Corporation
Search for local nonprofit legal aid organizations supported by LSC. Eligibility and the availability of expungement help depend on the organization.
Find Legal AidLawHelp.org
Find state-specific legal information, legal aid programs and available free forms. Not every area has a dedicated record-clearing project.
Search State ResourcesRecord-Cleaning Clinics
Some counties offer record-clearing clinics through public defenders, legal aid organizations or community programs.
California ProgramsCan you file an expungement petition yourself?
Yes, in many jurisdictions.
Illinois, for example, provides court-approved expungement and sealing forms that must be accepted by Illinois courts. Illinois Legal Aid Online also provides a free Easy Form interview that prepares case-specific paperwork based on the user’s answers.
That program prepares the forms but does not automatically file them or guarantee approval.
Criminal Record Expungement by State: Official Rules and Starting Points
State differences are one of the most important reasons to use official court resources or consult an attorney familiar with the jurisdiction.
The following examples show why a single nationwide expungement checklist cannot replace state-specific instructions.
| State | Important legal distinction | Official starting point |
|---|---|---|
| California | Common conviction relief involves dismissal under Penal Code § 1203.4 or related statutes. Separate arrest-sealing and automatic-relief provisions may apply. | California Courts |
| Florida | Ordinary court-ordered sealing and expungement require an FDLE Certificate of Eligibility before petitioning the court. | FDLE Instructions |
| Illinois | Qualifying arrests and convictions may be expunged or sealed using court-approved forms. Eligibility depends on the disposition and offense. | Illinois State Appellate Defender |
| Pennsylvania | Expungement petitions and Clean Slate record sealing are separate mechanisms. The State Police provides an official record-access process. | Pennsylvania State Police |
| New York | Uses sealing rather than a broad traditional expungement remedy for most criminal records. CPL § 160.59 allows eligible convictions to be sealed by petition. | New York Courts |
| Georgia | Uses record restriction and separate court-record sealing for qualifying cases. Arrest dates and dispositions matter. | Georgia Courts |
| Other states | Requirements may include automatic sealing, judicial petitions, waiting periods and offense-specific restrictions. | NCSL State Law Database |
Florida: Eligibility certificate before a court petition
Florida requires applicants seeking ordinary court-ordered sealing or expungement under §§ 943.059 and 943.0585 to apply for a Certificate of Eligibility.
FDLE requires a completed application, appropriate certified dispositions, fingerprints, the applicable $75 processing fee and other supporting materials.
If the certificate is issued, the person must still petition the court and obtain relief.
California: Dismissal is not the same as erasure
California Courts provides instructions for qualifying misdemeanor and felony conviction dismissals and other record-cleaning options.
Forms CR-180 and CR-181 are used for many conviction dismissal proceedings.
A dismissal may update the legal outcome without removing the original case from every record system.
Pennsylvania: Obtain your history before petitioning
Pennsylvania State Police instructs expungement applicants to request their criminal history through Form SP 4-170, then follow the Clerk of Courts’ instructions in the county where the case occurred.
The state’s published access-and-review request fee is $20.
Official statewide expungement petition forms are also available through the Pennsylvania Unified Judicial System.
New York: Petition-based and automatic sealing
Under CPL § 160.59, eligible individuals with a limited conviction history may petition for sealing after a qualifying ten-year period.
New York’s Clean Slate law separately provides for automated sealing of qualifying convictions.
As of October 2026, New York Courts states that implementation continues, with the system required to be operational by November 16, 2027.
Can Criminal Record Expungement Attorneys Clear Federal Convictions?
Federal criminal cases are more complicated because federal law does not provide a broad, general expungement procedure comparable to many state record-clearing laws.
Federal courts have limited authority to expunge records. A specific federal statute or other valid legal basis is generally necessary.
An example of limited federal expungement
Under 18 U.S.C. § 3607(c), a qualifying person who committed certain federal simple drug possession offenses before age 21 may obtain statutory expungement after satisfying the specified first-offender disposition requirements.
This is a narrow federal exception, not a general rule allowing the expungement of any federal conviction after a waiting period.
Official U.S. Code — 18 U.S.C. § 3607
Does a presidential pardon erase a federal conviction?
No. The U.S. Department of Justice’s Office of the Pardon Attorney states that a presidential pardon does not expunge the underlying conviction. Both the conviction and the pardon ordinarily remain reflected in the record.
A pardon may provide other legal benefits but should not be marketed as guaranteed record deletion.
DOJ Office of the Pardon Attorney — Frequently Asked Questions
How Long Does Criminal Record Expungement Take?
Expungement timelines depend on the jurisdiction and whether the process requires administrative review, a court petition, service on agencies or a contested hearing.
There is no reliable nationwide processing deadline.
| Stage | What affects the time | How to avoid unnecessary delay |
|---|---|---|
| Criminal-history retrieval | State records processing and fingerprint requirements. | Request complete histories and records early. |
| Certified dispositions | Court archives, processing queues and document availability. | Use full case numbers and identify the exact documents. |
| Eligibility certification | State agency workload and application completeness. | Submit every required form and attachment. |
| Petition filing | Filing method, fee payment and court requirements. | Use current court-approved forms. |
| Prosecutor review | Notice deadlines and objections. | Ensure legally required service is completed. |
| Judicial decision | Hearing calendars and disputed issues. | Provide complete, organized documentation. |
| Agency implementation | Transmission and processing of the signed order. | Verify receipt with the authorized custodians. |
Florida processing-time example
Florida FDLE states that processing a complete Certificate of Eligibility application typically takes approximately 12 weeks, with some requests taking longer.
That is the agency’s eligibility-review period—not a guarantee that the entire court petition, judicial ruling and records implementation will be completed in 12 weeks.
What If Your Criminal Record Expungement Petition Is Denied?
An unsuccessful application does not automatically mean every possible form of relief is unavailable.
The first step is to determine whether the denial involved an eligibility problem, procedural error, incomplete documentation, discretionary court decision or another legal reason.
Common reasons for denial
- The offense is excluded by statute.
- The required waiting period has not elapsed.
- The applicant has not completed the applicable sentence.
- The criminal-history record contains disqualifying convictions.
- The wrong court or procedure was used.
- Required documents, fingerprints or notices were missing.
- The prosecutor objected and the court declined relief.
- Earlier record relief affects eligibility for another petition.
What can an expungement attorney do after a denial?
A lawyer can review the written decision, identify whether a curable procedural problem exists, determine whether reconsideration or appellate review is legally available, and assess alternative record-clearing remedies.
Some people may qualify for sealing even if they do not qualify for expungement. Others may need a conviction set-aside, special statutory relief or executive clemency instead.
What Happens After Your Criminal Record Is Expunged or Sealed?
When the court grants relief, the practical effect depends on the specific statute and order.
In many cases, the objective is to restrict public disclosure of eligible records. However, certain government agencies, courts, licensing authorities or other authorized recipients may retain lawful access.
What should you verify after the order?
- Obtain a certified copy of the signed order. Keep it with your personal legal records.
- Confirm the Clerk has updated the case. Ask how the court records will reflect the relief.
- Confirm notice was transmitted to appropriate agencies. This can include the arresting agency and state criminal-history repository.
- Review your updated history when legally available. Use an authorized personal-review procedure.
- Ask about old third-party listings. A court order may not automatically remove cached web pages, news stories or independently maintained third-party content.
- Understand required disclosures. Ask a lawyer whether the relief changes what must be disclosed for particular jobs, immigration matters or professional licensing.
Will expungement remove a record from Google?
Not necessarily.
A criminal court or state agency may restrict its own records following a valid order, but that does not automatically guarantee removal of historical search results, independent news coverage or data stored by private third parties.
If the information is inaccurate, outdated or unlawfully disclosed, separate correction or removal procedures may be available depending on the circumstances.
Can an expunged conviction affect immigration?
Yes. Expungement, sealing or dismissal does not automatically eliminate all immigration consequences.
People who are not U.S. citizens should discuss the original conviction and proposed relief with an immigration attorney before filing, especially when seeking a post-conviction remedy intended to address legal defects in the original proceeding.
Criminal Record Expungement Attorneys FAQs
1. Do I need an attorney to expunge my criminal record?
Not necessarily. Many states allow individuals to file eligible expungement or sealing petitions without a lawyer. An attorney is especially useful for complicated convictions, multiple cases, contested petitions or consequences involving immigration and professional licensing.
2. How much do criminal record expungement attorneys charge?
Fees vary by location, attorney and case complexity. Some lawyers charge a flat fee, while others bill hourly. Court filing fees, certified dispositions, fingerprinting and agency application fees may be additional. Ask for a written cost breakdown before hiring.
3. Can a felony criminal record be expunged?
Some felony convictions qualify for expungement, sealing or another form of relief under specific state laws. Other felonies remain excluded. Eligibility depends on the offense, disposition, sentence, waiting period and criminal history.
4. Can a dismissed criminal charge be expunged?
Often, yes, but the procedure varies. Some states allow petition-based expungement of non-conviction records, while others automatically seal qualifying dismissals or acquittals. An attorney can identify whether action is required.
5. How long does the expungement process take?
There is no single nationwide timeline. Processing depends on record retrieval, state agency review, court filing, prosecutor notice, hearings and final order implementation. Florida’s FDLE typically takes approximately 12 weeks to review a complete eligibility application, excluding the remaining court process.
6. Can I expunge my criminal record for free?
Some courts offer free forms and fee waivers, and qualifying people may receive help from legal aid or public defender record-clearing programs. Whether you can complete the process without paying depends on the jurisdiction and required services.
7. Does expungement remove a criminal record from background checks?
It may remove or restrict qualifying information from ordinary public checks, but certain authorized agencies can retain access. The legal effect depends on the type of relief and jurisdiction, and third-party websites may need separate attention.
8. Can I expunge a federal criminal conviction?
Federal expungement is very limited. There is no broad general federal process for clearing convictions. Certain specific statutes, including 18 U.S.C. § 3607(c), permit relief in narrow circumstances. Consult an attorney experienced in federal post-conviction law.
9. Can an attorney guarantee that my record will be expunged?
No attorney can legitimately guarantee that a court will grant relief in every case. Statutory eligibility, available evidence, prosecutor objections and court decisions all matter. Be skeptical of promises of automatic record erasure.
10. Where can I find an expungement attorney near me?
Start with the American Bar Association’s Lawyer Referral Directory or your state or local bar association. Verify the lawyer’s authorization to practice and experience with expungement or sealing in the jurisdiction where the criminal case occurred. Legal Services Corporation can help locate nonprofit legal aid programs.
Final Checklist: Choosing the Right Criminal Record Expungement Attorney
Before paying an attorney or filing your own petition, make sure you understand the type of relief available and the court that has jurisdiction over your record.
- Obtain your criminal-history report and certified dispositions.
- Identify the state and county of every relevant case.
- Check expungement, sealing and automatic-relief eligibility.
- Find an attorney licensed in the relevant jurisdiction if legal representation is needed.
- Ask which statute applies and what outcome is legally possible.
- Request written attorney fee and service information.
- Use official court forms and required filing procedures.
- Keep certified copies of final court orders.
- Verify that the relevant records have been updated.
- Seek specialized advice before relying on relief for immigration, licensing or other regulated purposes.
Official Criminal Record Expungement Resources and Attorney Directories
These court, government, bar association and nonprofit resources support the eligibility explanations, procedures, attorney-search guidance and fee examples in this article.
- American Bar Association — Lawyer Referral Directory
- Legal Services Corporation — Find Free Legal Help
- LawHelp.org — State Legal Aid and Self-Help Resources
- National Conference of State Legislatures — Automatic Criminal Record Clearing Database
- California Courts — Criminal Record Cleaning
- California Courts — Misdemeanor Conviction Dismissal
- California Courts — Legal Help and Public Defender Programs
- California Courts — Immigration Consequences and Record Relief
- Florida FDLE — Certificate of Eligibility Application
- FDLE — Criminal Record Sealing and Expungement Process
- FDLE — Sealing and Expungement FAQs
- Illinois Courts — Approved Expungement and Sealing Forms
- Illinois Legal Aid Online — Free Expungement Easy Form
- Illinois Office of the State Appellate Defender — Expungement Resources
- Pennsylvania State Police — Apply for Criminal Record Expungement
- Pennsylvania Unified Judicial System — Expungement Court Forms
- New York Courts — Criminal Records and Sealing
- New York Courts — Sealing Eligible Convictions Under CPL § 160.59
- Georgia Courts — Record Restriction and Expungement
- FBI — Identity History Summary Checks
- United States Code — 18 U.S.C. § 3607 Federal Expungement Exception
- U.S. Department of Justice — Presidential Pardons and Expungement