Getting a criminal record expunged usually starts with one question: which state and which court created the record? There is no single nationwide expungement application for ordinary state convictions. Each state decides what can be cleared, how long you must wait, whether a dismissed charge is treated differently from a conviction, whether fingerprints are required, what the filing fee is, and whether the result is called expungement, sealing, set-aside, vacatur, annulment, dismissal or nondisclosure.
What does it mean to expunge a criminal record?
“Expungement” does not have one identical legal meaning nationwide. In one state, expungement may remove a record from ordinary public access. In another, the court may seal the record while keeping it available to law enforcement. A third state may call the remedy a set-aside, dismissal, vacatur, annulment or order of nondisclosure.
Expungement, sealing, set-aside and pardon are not the same
| Relief | General idea | Important limitation |
|---|---|---|
| Expungement | Record is removed, destroyed or placed beyond ordinary access under the applicable law. | The exact legal effect varies greatly by state. |
| Sealing | Public access is restricted while the record may remain available to authorized agencies. | Police, courts or specified licensing agencies may retain access. |
| Set-aside | The conviction is legally set aside under state law. | It may not erase every historical record. |
| Vacatur | The judgment is vacated under a statute or court rule. | The effect depends on why the judgment was vacated. |
| Nondisclosure | Certain public disclosures are restricted. | The record may remain accessible to specified agencies. |
| Pardon | Executive clemency forgives the offense or relieves certain legal consequences. | A pardon normally does not erase the conviction itself. |
How to tell whether your record may be eligible
The strongest eligibility factors usually come from the actual court disposition, offense, sentence-completion date and your later criminal history.
Dismissed or dropped charge
Many states provide broader relief when no conviction resulted.
Acquittal
Some states offer automatic or simplified sealing/expungement after acquittal.
Lower-level misdemeanor
Many states permit relief after a waiting period and completion of the sentence.
Felony conviction
Some states permit selected felonies; others exclude broad categories of felony convictions.
Juvenile record
Juvenile sealing or expungement commonly follows a different statute and process.
Record not expungeable
Sealing, set-aside, nondisclosure, pardon or rights-restoration may still be available.
Questions that usually determine eligibility
- Was the charge dismissed, acquitted or convicted?
- Was the offense a misdemeanor or felony?
- Was violence involved?
- Was the victim a minor?
- Was the offense sexual in nature?
- Was it a DUI or serious driving offense?
- Have all fines and restitution been paid?
- Has probation, parole or supervision ended?
- Has the required waiting period passed?
- Are there new or pending charges?
- How many prior convictions are on the record?
- Does the state cap the number of records that may be cleared?
Common reasons an expungement request can fail
Every state is different, but common barriers include:
- filing before the waiting period ends
- unpaid fines, fees or restitution
- unfinished probation or parole
- a pending criminal case
- a disqualifying violent offense
- a disqualifying sex offense
- certain offenses against children
- too many prior convictions
- filing in the wrong court
- using the wrong statutory remedy
- missing fingerprints or criminal-history certification
- failing to serve the prosecutor or required agencies
How to get a criminal record expunged: step-by-step
Identify every arrest and court case you want cleared
Write down the court, county, case number, arresting agency, charge, disposition and sentence-completion date for each record.
Get the final court disposition
Do not rely only on a commercial background report. Obtain the judgment, dismissal, disposition or docket from the official court.
Get your state criminal-history record if required
Many states require a state police, bureau of investigation or State Identification Bureau record before the court will evaluate eligibility.
Check the exact law in the state where the case occurred
Expungement law follows the jurisdiction of the case. Your current residence usually does not replace the law of the state where the record originated.
Choose the correct relief
Determine whether your state calls the process expungement, sealing, setting aside, vacatur, annulment, dismissal or nondisclosure.
Complete the current official forms
Use the state judiciary, county court, attorney general or official criminal-history agency website. Avoid old forms copied to third-party websites.
File with the correct court or agency
In many states this is the court where the case was originally filed, but some systems use a central administrative process.
Serve the required government agencies
The prosecutor, attorney general, state police, probation department, arresting agency or other entities may need notice.
Attend the hearing if the court schedules one
Some cases are decided administratively; others require a judge to hear objections and make findings.
Get certified copies of the signed order
Keep copies permanently. They can be useful if a court, state agency, FBI record or private background company later shows stale information.
Verify that all official systems were updated
Check the court, state criminal-history repository and FBI Identity History Summary where relevant.
Start with the actual court record, not a people-search website
The court record usually tells you the information that matters most: charge, amended charge, conviction status, dismissal date, sentencing date, probation completion and final disposition.
If you do not know the court, use the official court system in the state where the arrest or prosecution occurred.
Get your state criminal-history record before filing when useful
Every state has a centralized criminal-history agency, often called a State Identification Bureau, state police criminal-records division, bureau of investigation or department of justice.
A state criminal-history review can reveal:
- arrests reported by law enforcement
- charges reported into the state repository
- court dispositions
- records from more than one county
- incorrect or incomplete dispositions
- records that do not appear in an ordinary court-name search
The FBI maintains an official directory of State Identification Bureaus.
Should you get your FBI Identity History Summary?
If you have been arrested in more than one state, have a federal arrest, or want to see what fingerprint-based information the FBI maintains about you, request your own FBI Identity History Summary.
Current FBI fee
The FBI currently charges $18 for an Identity History Summary request. A fee-waiver process is available for people who cannot afford the fee.
The FBI requires fingerprints
The FBI does not use a simple name search for your personal Identity History Summary. Fingerprints are used to establish positive identity.
Request FBI Identity History Summary
How to find the correct expungement process in your state
Do not search only for the word “expungement.” Your state may use a different legal name for record relief.
| Term to search | What it may mean |
|---|---|
| Expungement / expunction | Removal or restriction of qualifying criminal records. |
| Record sealing | Restricting public access to a criminal record. |
| Set aside | Setting aside a qualifying conviction. |
| Vacatur | Vacating a judgment or conviction under a statute. |
| Nondisclosure | Restricting disclosure to ordinary public requesters. |
| Annulment / erasure | State-specific terms used for record relief. |
Use this official-source search order
- State judiciary / state court website.
- Court where the case was filed.
- State Identification Bureau or state police criminal-history agency.
- State attorney general.
- Official legal-aid or public-defender resources if available.
Find Your State Court System Find State Criminal-History Agency
What documents are commonly required for an expungement petition?
Exact requirements vary, but many court systems ask for some combination of:
- petition or application for expungement
- case number
- arrest date
- charging document
- certified disposition
- sentencing information
- proof probation/parole ended
- proof fines or restitution were paid
- fingerprint card
- state criminal-history report
- eligibility certificate
- proposed order for the judge
- service copies for prosecutor/agencies
- filing fee or fee-waiver application
Will you have to go to court?
Possibly. Some states clear qualifying records automatically. Some allow a paper petition that a judge can decide without a hearing. Others require a hearing, particularly when a prosecutor objects or the statute gives the judge discretion.
What a judge may consider
- whether you satisfy the statute
- time since completion of sentence
- later arrests or convictions
- payment of restitution and fines
- prosecutor objections
- public-safety factors where state law allows them
- evidence of rehabilitation where legally relevant
What to do immediately after the judge grants expungement
A signed order is not something you should file away and forget. Follow the record through every official system that is supposed to change.
Get certified copies
Obtain more than one certified copy if the clerk permits it.
Confirm the clerk distributed the order
Ask whether the court sends it to the prosecutor, arresting agency, state police, corrections department and other repositories automatically.
Recheck the state criminal-history repository
Allow the state’s normal processing time, then obtain a new record if necessary.
Recheck your FBI Identity History Summary
If the arrest was submitted to the FBI, verify that the national record reflects the state update or expungement.
Dispute stale private background reports
Provide the signed order when a private background company continues reporting information that should have been updated.
How does an expunged state record get updated at the FBI?
The FBI explains that nonfederal arrest data generally originates with state and local agencies. For state records, corrections or removals normally begin with the state repository or agency that originally submitted the information.
The FBI says most states require changes to be processed through the state’s State Identification Bureau before the national Identity History Summary is updated.
The FBI currently charges no fee to challenge inaccurate Identity History Summary information.
Why a private background website may still show the old record
Expungement changes official records according to the applicable law, but private databases may have copied information before the court granted relief.
If a private background company keeps reporting stale information:
- save a copy of the incorrect report
- obtain a certified expungement/sealing order
- use the company’s dispute procedure
- identify the exact case that should be updated
- keep written proof of your dispute
Can you say “no” when asked about an expunged conviction?
The answer depends on the state law, the wording of the question and who is asking. Some statutes permit a person to deny or omit a qualifying cleared record in many ordinary situations, while still requiring disclosure to particular government, licensing, law-enforcement or regulated entities.
Can a federal criminal record be expunged?
There is still no general federal expungement statute for ordinary federal convictions. A presidential pardon also does not erase the conviction from the record.
Federal relief can nevertheless exist in narrow statutory situations.
New 2026 trafficking-related federal remedy
Effective January 23, 2026, 18 U.S.C. § 3771A created a specific remedy for qualifying people whose federal offense or arrest was directly connected to their status as a victim of human trafficking.
Vacatur + expungement
A qualifying person convicted of a statutory “level A offense” may move the sentencing court to vacate the conviction when the offense was committed as a direct result of trafficking victimization.
Arrest-record expungement
The statute also permits qualifying motions to expunge specified federal arrest records tied directly to trafficking victimization, subject to the statutory requirements.
Does a presidential pardon expunge a federal conviction?
No. The U.S. Department of Justice Office of the Pardon Attorney states that a presidential pardon does not erase or expunge the underlying federal conviction.
If a pardon is granted, the conviction and the pardon can both remain part of the record.
Juvenile expungement usually follows a different process
Juvenile records commonly have separate confidentiality, sealing and expungement rules. A state’s adult criminal-expungement petition may be the wrong form for a juvenile case.
Look specifically for:
- juvenile record sealing
- juvenile expungement
- delinquency record destruction
- youthful-offender relief
Dismissed charges, acquittals and arrests without conviction
Do not assume a dismissed case automatically disappeared. In many jurisdictions the arrest and court filing remain publicly searchable until a separate sealing or expungement process occurs.
At the same time, non-conviction records often qualify for broader or faster relief than convictions.
How long does criminal-record expungement take?
There is no reliable national processing time. The total period can include:
- waiting-period eligibility
- fingerprint processing
- criminal-history certification
- court filing
- prosecutor response time
- hearing scheduling
- entry of the final order
- distribution to law-enforcement agencies
- state and FBI database updates
Do you need an expungement lawyer?
Many jurisdictions provide self-help forms, so a lawyer is not always legally required. Legal help becomes more useful when:
- you have records in multiple states
- you have several convictions
- felony eligibility is unclear
- the prosecutor objects
- you have immigration consequences
- firearm rights are involved
- professional licensing is involved
- the case is federal
- you were a trafficking victim seeking federal relief
- the criminal-history repository is inaccurate
USAGov provides an official starting point for locating free or lower-cost legal assistance.
Criminal record expungement: frequently asked questions
1. Where do I file to expunge a criminal record?
Usually with the court where the case was filed or through the official record-relief procedure established by that state. Some states use a centralized administrative process instead.
2. Can a felony be expunged?
Sometimes. Some states allow selected felony convictions to be sealed, set aside or expunged, while others exclude broad felony categories. Eligibility depends on the exact state statute and offense.
3. Can a dismissed charge be expunged?
Often, but not automatically in every state. Non-conviction records frequently have broader relief options, but a separate petition or sealing process may still be required.
4. Does expungement erase the record everywhere?
Not necessarily. The effect varies by state. Some records may remain available to courts, law enforcement or other authorized agencies even when ordinary public access is restricted.
5. Do I need fingerprints to get a record expunged?
Some states require fingerprints, a state criminal-history report or an eligibility certification; others do not. Check the current official instructions for the jurisdiction where the case occurred.
6. Should I get my FBI record before filing?
It can be useful if you have arrests in multiple states, federal arrests or want to verify what fingerprint-based information the FBI maintains. The current FBI Identity History Summary fee is $18.
7. How do I get an expunged state record removed from my FBI history?
State corrections normally begin with the State Identification Bureau or contributing agency. After the state updates the record, the change can be transmitted to the FBI. You can later obtain a new FBI summary and use the FBI challenge procedure if the information remains inaccurate.
8. Can an ordinary federal conviction be expunged?
There is no general federal expungement system for ordinary federal convictions. Narrow statutory relief can exist, including a 2026 trafficking-victim remedy under 18 U.S.C. § 3771A.
9. Does a presidential pardon erase a federal conviction?
No. The U.S. Department of Justice states that a presidential pardon does not expunge or erase the underlying conviction.
10. What should I keep after my record is expunged?
Keep certified copies of the final court order, relevant dispositions and correspondence showing that official criminal-history agencies were notified or updated.
Official resources for criminal-record expungement research
- USAGov — Federal, State, County and Municipal Courts
- FBI — Identity History Summary Checks
- FBI — State Identification Bureau Listing
- FBI — Identity History Summary FAQ and Challenge Information
- U.S. Department of Justice — Pardon FAQ
- 18 U.S.C. § 3771A — Federal Trafficking-Related Vacatur and Expungement
- USAGov — Find Free or Low-Cost Legal Help