How to Expunge a Criminal Record in Expungement: Steps & Eligibility
United States criminal record expungement guide
How to Expunge a Criminal Record: Eligibility, Filing Steps & State Laws
The expungement of criminal records can help eligible people limit public access to an arrest, charge or conviction. However, the process depends on the state, the offense, how the case ended, and whether the law provides expungement, sealing or another form of record relief.
In many states, you start by getting your criminal case disposition, checking eligibility, and filing the required petition with the appropriate court. Some states automatically clear qualifying records, while others require additional approval from a state criminal-history agency.
Understand your legal options
What Does It Mean to Expunge a Criminal Record?
Expungement is a legal remedy that changes how a qualifying criminal record is retained, disclosed or treated under the law. The precise effect is different from state to state. Some expungement orders result in destruction or removal of designated records; others limit their release while preserving information for certain government purposes.
Before applying, determine whether your state actually offers expungement for your situation or uses a different remedy.
| Record-clearing remedy | What it generally does | Important limitation |
|---|---|---|
| Expungement / expunction | Removes, destroys or legally restricts designated qualifying criminal records. | The scope and exceptions depend on state or federal law. |
| Record sealing | Restricts public access while allowing specified agencies access in authorized circumstances. | The record may continue to exist. |
| Dismissal / set-aside | Changes how a conviction is treated through a court order or statutory procedure. | It may not erase the arrest or original docket. |
| Order of nondisclosure | Limits disclosure of certain records, notably under Texas law. | Authorized agencies may retain access. |
| Automatic Clean Slate relief | Qualifying records are sealed or cleared through a statutory agency process without an ordinary individual petition. | Eligibility, implementation dates and exceptions vary. |
| Pardon | Provides executive clemency and may relieve certain legal consequences. | A pardon ordinarily does not itself erase the underlying record. |
Check before paying or filing
Who Is Eligible for Criminal Record Expungement?
Eligibility depends on more than whether the offense was a felony or misdemeanor. The court or statute may consider how the case ended, whether the sentence is complete, other convictions, and the legal waiting period.
Arrest without charges
An arrest that never led to a filed criminal charge may qualify for removal or sealing in some states. You may need the arrest date, arresting agency and proof that no charges were filed.
Dismissed criminal charge
A dismissed charge may qualify for relief, sometimes sooner than a conviction. However, dismissal alone does not guarantee that arrest records or public court entries disappear.
Acquittal or not-guilty verdict
Some states provide a specific procedure after acquittal. The remedy may differ from ordinary conviction expungement and may have special forms or deadlines.
Misdemeanor conviction
Certain misdemeanors may qualify after sentencing and an applicable waiting period. Offense exclusions, repeat convictions and unpaid obligations can affect eligibility.
Felony conviction
Some states allow relief for selected felony convictions. Others exclude certain violent, sexual, serious or repeated offenses. Never assume all felonies are automatically ineligible.
Diversion or deferred adjudication
Successful completion may create a different route to dismissal, sealing or expunction. In Texas, for example, most deferred adjudications are not ordinary expunction cases, although nondisclosure may be available.
Eligibility questions worth answering first
- Was the case dismissed, acquitted, diverted, or resolved with a conviction?
- What is the exact statute or offense classification?
- Have probation, parole, jail, supervision and other sentence requirements been completed?
- Do fines, restitution or other court-ordered obligations affect eligibility?
- Has the required waiting period passed?
- Are there pending criminal charges or additional convictions?
- Has this record already been automatically cleared or sealed?
The actual filing workflow
How to Expunge a Criminal Record: 8 Practical Steps
The following process provides a reliable starting sequence. State-specific requirements may add fingerprinting, prosecutor certification, agency eligibility certificates, hearings or automatic processing.
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Get your complete criminal case information
Identify the arrest date, arresting agency, case number, court, exact charges and final disposition. Obtain the docket or certified disposition from the Clerk of the court where the case was filed.
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Check your state’s specific eligibility law
Use official state court or agency guidance. Determine whether your case calls for expungement, sealing, nondisclosure, dismissal or another remedy. Check whether automatic clearing has already occurred.
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Determine the correct waiting period
Find out whether the period begins on the arrest date, dismissal, conviction, release from incarceration, completion of supervision or another event. Do not calculate from the original charge date unless the statute says to.
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Collect the required documents
Gather identification, certified dispositions, proof of sentence completion, probation discharge orders, relevant criminal-history reports and other documents required by your jurisdiction.
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Complete the official application or petition
Use the current court-approved form and include all required case identifiers. Some states require a proposed order or separate petition for each arrest or criminal case.
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File with the correct court or agency
Submit through the courthouse, electronic filing system, or agency route specified by state law. Confirm the applicable fee, whether a waiver is available, and which other parties must receive notice.
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Respond to objections and attend a hearing if required
The prosecutor or another authorized party may be permitted to respond. Some courts decide petitions on written submissions; others schedule a hearing. Bring your documents and follow the court’s instructions.
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Obtain the signed order and verify implementation
If the petition is granted, retain the signed order and confirm the court or responsible agency has processed it. Record clearing may require updates by separate criminal-history repositories or law-enforcement agencies.
Before visiting the courthouse
Documents You May Need for Expungement
Make a separate folder for each criminal case, particularly if records exist in more than one county or state.
| Document | Where to obtain it | Why it matters |
|---|---|---|
| Criminal case number and docket | Filing court or Clerk of Courts | Identifies the exact proceeding |
| Certified final disposition | Clerk of the court | Proves the legal outcome |
| State criminal-history report | State police or criminal-history repository | Helps identify arrests and other cases |
| Proof of sentence completion | Probation, corrections or court | Shows completion of required conditions |
| Payment or restitution information | Court or supervising authority | May be relevant to statutory eligibility |
| Identification and fingerprints | Applicant and authorized fingerprint provider | Required for certain state applications |
| Approved petition and proposed order | Official state court forms page | Requests the specific legal relief |
Keep your own lawful copies of the final disposition and granted order. You may need them later to explain the legal result to an agency that still has an outdated entry.
Different states, different remedies
Criminal Record Expungement Laws by State
These state examples show why locating the correct official form matters. The rules below are selected starting points—not an exhaustive eligibility determination for any particular conviction.
California — Dismissal and Arrest Sealing
California commonly uses conviction dismissal under Penal Code section 1203.4 rather than literal destruction of every criminal record. Its official procedures for qualifying convictions use Petition for Dismissal (CR-180) and Order for Dismissal (CR-181).
For certain arrests that did not lead to conviction, the separate arrest-sealing procedure uses CR-409. California also has automatic relief for some eligible convictions and arrests under Penal Code sections 1203.425 and 851.93.
California Courts — Clean Your Record Instructions and Forms
Florida — FDLE Certificate Before Petitioning
Florida has an additional agency step. Under sections 943.0585 and 943.059, a person seeking ordinary court-ordered sealing or expungement generally must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE).
FDLE requires specified application materials, a certified disposition, qualifying fingerprints and a $75 nonrefundable processing fee. Its published eligibility processing estimate is typically about 12 weeks from receipt of a complete packet. That is not a guarantee of the total time to obtain a court order.
After the certificate is issued, the applicant still must pursue the appropriate court petition. The certificate itself does not seal the record.
Texas — Expunction vs. Nondisclosure
Texas distinguishes expunction from an order of nondisclosure. Expunction generally applies to qualifying arrests and specified dispositions under Chapter 55 of the Texas Code of Criminal Procedure. Nondisclosure can restrict public release of other qualifying records under the Government Code.
A dismissed deferred-adjudication case does not automatically qualify for expunction. The specific offense, disposition and statutory exception matter. The legal aid guides below provide petition instructions and a Fresh Start eligibility resource.
Illinois — Approved Statewide Expungement and Sealing Forms
Illinois provides official statewide forms accepted by all Illinois courts. The Illinois Courts website lists a Request to Expunge and/or Seal Criminal Records package updated in September 2026.
An applicant can use a free guided interview through Illinois Legal Aid Online to help complete the approved forms. Whether the correct remedy is expungement or sealing depends on the charges, disposition and applicable law.
Pennsylvania — Obtain Your State Record, Then Petition
Pennsylvania State Police instructs individuals seeking expungement to obtain a criminal-history record for review using Form SP 4-170. The state lists a $20 fee for this access-and-review request.
After obtaining the record, contact the Clerk of Courts in the county where the arrest or case occurred for the required expungement procedure. The record-request form and fee are not themselves an expungement order.
Pennsylvania Government — Criminal Record Expungement Process
New York — Record Sealing and Clean Slate
New York generally uses record sealing, rather than broad criminal conviction expungement. Some records may be sealed under an existing court process, while other convictions may qualify for automatic Clean Slate sealing.
The Clean Slate Act took effect November 16, 2024, but New York Courts has until November 16, 2027 to implement the required automatic-sealing processes. Its eligibility structure generally uses three years for qualifying misdemeanors and eight years for qualifying felonies, subject to exceptions, supervision status and pending cases.
Those are New York’s Clean Slate rules, not national expungement waiting periods.
Arizona — Petition to Seal Criminal Case Records
Arizona permits petitions to seal qualifying criminal case records under A.R.S. § 13-911. The state provides Petition to Seal Criminal Case Records (AOCCRSL1F) and a proposed order.
For certain convictions, the published waiting periods range from two or three years for specified misdemeanors to five or ten years for specified felony classifications. These periods apply only when the applicable eligibility requirements are met. Certain serious offenses are excluded.
The correct filing court depends on whether there was a conviction, dismissal, acquittal or arrest without charges.
Ohio — Sealing and Expungement Eligibility
Ohio has both sealing and expungement remedies, with eligibility affected by the offense, disposition and later amendments to state law. Ohio Legal Help offers a Criminal Sealing and Expungement Eligibility Action Plan to identify possible relief for individual charges.
If multiple cases were filed in different courts, separate applications may be required in each appropriate court.
Federal criminal cases require a different review
Can You Expunge a Federal Criminal Record?
Federal expungement is limited. There is no broad federal process comparable to the record-clearing laws available in many states. However, specific federal statutes allow relief in narrowly defined circumstances.
Federal First Offender Act
Under 18 U.S.C. § 3607(c), qualifying people whose federal simple-possession cases received the specified first-offender disposition may obtain expungement when they were under age 21 at the time of the offense and meet the statutory requirements.
2026 Trafficking Survivors Relief Act
The Trafficking Survivors Relief Act, signed into law January 23, 2026, added 18 U.S.C. § 3771A. It creates a process for certain survivors of human trafficking to request expungement of qualifying federal arrests and vacatur of qualifying convictions when the offense directly resulted from their trafficking victimization.
Eligibility is defined by the law’s offense categories and supporting evidence. It is not a general remedy for every federal conviction.
Does a presidential pardon erase a federal conviction?
No. The U.S. Department of Justice explains that a presidential pardon does not automatically remove the conviction from the record. A pardon and an expungement are legally different forms of relief.
If a federal case is involved, start with the court where the conviction or arrest occurred and obtain advice about the available statutory remedy before filing a motion.
Budgeting for the application
How Much Does It Cost to Expunge a Criminal Record?
Costs depend on the state and filing route. You may encounter court filing fees, certified-document charges, fingerprinting costs, criminal-history request fees, mailing expenses or attorney fees. Some programs provide free forms or allow fee waivers.
| Example | Published cost | What it covers |
|---|---|---|
| Florida FDLE | $75 | Agency Certificate of Eligibility processing, not the complete court proceeding |
| Pennsylvania PSP | $20 | Access-and-review record request before the county petition |
| Illinois approved forms | Free to download | Court form preparation; any court filing fee is separate |
| California approved forms | Free to obtain | Court forms; service or filing expenses depend on the procedure |
| Arizona sealing petition | Check local court | Fee and submission requirements depend on the applicable process |
| Federal trafficking survivor motion under § 3771A | No filing or processing fee under the statute | Qualifying statutory motion |
These are selected published charges, not national estimates of the full cost. Confirm whether your court offers a fee waiver, free legal-help clinic or self-help center before paying a private filing service.
Follow through after approval
What Happens After a Criminal Record Is Expunged or Sealed?
The effect depends on the particular order. Government repositories and public court indexes may be updated separately. A state sealing order does not necessarily remove an older article, search-engine result or third-party website listing.
After receiving relief, check these points
- Keep the signed order or official confirmation in a secure place.
- Check whether the court docket is updated as required by the applicable law.
- Verify any required state police or criminal-history repository update.
- Ask the relevant agency about an incorrect or outdated record if one remains.
- Use the state’s specific disclosure rules when answering employment, licensing or housing questions.
- For immigration, firearms or other specialized legal purposes, obtain professional advice about the effect of the order.
Can a sealed or expunged record still appear on background checks?
Sometimes. It may remain available to specifically authorized agencies, or a commercial database may contain outdated information collected before relief. The correct legal response depends on the state law, the background-check provider and the use of the report.
If a consumer reporting company supplies inaccurate, outdated or unlawfully reportable information, use the applicable dispute process. The Consumer Financial Protection Bureau explains consumer-reporting concepts, and the Federal Trade Commission provides information about employment background-check rights.
Frequently asked questions
Expungement of Criminal Records FAQs
1. How do I start the expungement of a criminal record?
Find the original court case and final disposition, then check the official expungement or sealing law in the state where the case occurred. Use the current approved petition, complete any required agency steps and submit it through the correct court or agency.
2. Can a dismissed criminal case be expunged?
Often, a dismissal may create eligibility for sealing or expungement, but it is not automatic everywhere. The type of dismissal, the arrest record and state-specific eligibility rules matter.
3. Can a felony conviction be expunged?
Some felony convictions qualify for relief in certain states, but others are excluded by offense classification, sentencing conditions or criminal-history rules. Check the exact felony statute and current state law before filing.
4. How long do you have to wait to expunge a criminal record?
There is no nationwide waiting period. Some dismissed charges may qualify without the waiting period imposed on convictions, while particular misdemeanors and felonies may require years after sentence completion. The correct starting date also varies.
5. Can I expunge my record without hiring a lawyer?
Many jurisdictions permit eligible people to file their own petitions, and some provide free approved forms or guided interviews. Legal help is especially useful when a case involves multiple convictions, immigration consequences, complex eligibility rules or an objection.
6. Does expungement remove a record from the FBI database?
Not automatically in every case. State agencies and federal repositories have separate updating procedures. Ask the court and state record custodian how the specific order is transmitted and what effect it has on federal criminal-history reporting.
7. Will an expunged conviction appear on an employment background check?
The answer depends on the type of relief, state disclosure law, the screening method and whether the record has been properly updated. Some authorized employers or agencies may still receive certain protected information.
8. What happens if my expungement petition is denied?
Read the court’s written explanation. A denial for statutory ineligibility differs from a dismissal because of missing information or filing in the wrong court. Appeal rights, corrections and opportunities to reapply are jurisdiction-specific.
9. Are expungement and sealing the same thing?
No. Although the terms are sometimes used loosely, sealing ordinarily restricts access while expungement may remove, destroy or otherwise alter records according to the controlling law. The exact legal effect depends on the jurisdiction.
10. Does a pardon automatically expunge a criminal conviction?
No. In particular, the U.S. Department of Justice explains that a presidential pardon does not erase the federal conviction record. Pardons and record-clearing orders involve different legal processes.
Government and court resources
Official Expungement Forms, Laws and Eligibility Resources
Use these jurisdiction-specific resources rather than relying on a general form advertised for every U.S. state.
- California Courts — Criminal Record Cleaning
- California Courts — Arrest Without Conviction Sealing
- Florida FDLE — Seal and Expunge Process
- Florida FDLE — Certificate of Eligibility Application Instructions
- Texas Law Help — Expunction Petition and Forms
- Texas Law Help — Nondisclosure Orders
- Illinois Courts — Approved Statewide Expungement Forms
- Pennsylvania Government — Criminal Record Expungement
- New York Courts — Clean Slate Act
- New York Courts — Sealed Criminal Records
- Arizona Courts — Criminal Case Sealing
- Ohio Legal Help — Sealing and Expungement Eligibility Tool
- U.S. Government Publishing Office — 2026 Trafficking Survivors Relief Act
- U.S. Code — Federal First Offender Expungement Provision
- U.S. Department of Justice — Pardons and Expungement FAQs