Before you file, find out what “clearing the record” means in your state
There is no single United States expunction process. A record that can be completely expunged in one state might only qualify for sealing, set-aside relief, vacatur, or no relief at all in another. Eligibility can depend on how the case ended, the offense, conviction level, age at the time of the offense, sentence-completion date, later criminal history, waiting period, and other state-specific rules.
Expunction, expungement, sealing and set-aside do not always mean the same thing
States use different vocabulary for criminal-record relief. The National Conference of State Legislatures notes that state statutes use terms including annulment, destruction, dismissal, erasure, expungement, sealing, set-aside, and vacatur, and that the legal effect of those words can differ dramatically from one jurisdiction to another.
| Term | General idea | Important caution |
|---|---|---|
| Expunction / expungement | A legal process that can remove, destroy, seal, or otherwise restrict qualifying criminal-record information. | Exact effect depends entirely on state law. |
| Sealing | Usually restricts public access to a record. | Courts, law enforcement, licensing agencies, or other authorized entities may retain access. |
| Set-aside | Can alter the legal status of a conviction without necessarily removing the public record. | A set-aside is not automatically equivalent to sealing. |
| Vacatur | A court sets aside or vacates a judgment under applicable law. | Eligibility and effect vary by jurisdiction and reason for vacatur. |
| Pardon | Executive clemency that can forgive or reduce legal consequences of an offense. | A pardon does not necessarily erase or hide the underlying conviction. |
| Automatic clearing / Clean Slate | Eligible records are cleared through a state-initiated process without an ordinary individual petition. | Only specified records qualify, and implementation timelines vary. |
The case outcome usually matters as much as the offense
Before searching for a form, identify exactly how the criminal case ended. Many record-clearing laws treat a dismissed charge very differently from a conviction.
Arrest without prosecution
Some states provide broader relief when a person was arrested but prosecutors never filed charges.
Case dismissed
Dismissals often have different eligibility rules and waiting periods from convictions.
Not guilty
Some jurisdictions provide expedited, automatic, or fee-free relief for acquittals.
Deferred / diversion case
Successful completion may create a record-clearing route, but the result depends on the particular program and state law.
Misdemeanor or felony
Convictions often have stricter waiting periods, offense exclusions, and criminal-history requirements.
Juvenile record
Juvenile sealing and expunction frequently use separate statutes, forms, and age requirements.
Run this eligibility check before paying a filing fee
This checklist does not determine legal eligibility, but it helps identify the facts that nearly every state record-clearing system will ask about.
- state where the arrest or case occurred
- county and court that handled the case
- court case or docket number
- arrest date
- charge or charges filed
- final disposition for every charge
- offense classification
- conviction date, if any
- sentence-completion date
- probation/parole completion
- later arrests or convictions
- pending criminal cases
- age at the time of the offense
- restitution, fine, or fee status where relevant
- prior expungements or sealing orders
- whether the offense falls into a statutory exclusion
Check for automatic clearing before filing a petition
Record clearing is increasingly automated. The National Conference of State Legislatures currently reports that 26 states and Puerto Rico have at least one statutory automatic criminal-record-clearing provision.
Some states have gone further by creating automated “Clean Slate” systems that identify qualifying records electronically and initiate the clearing process without requiring the person to file the traditional petition.
Typical petition-based expunction process
The exact order differs by state, but a traditional petition usually follows a process like this.
Get your official criminal case information
Search the court that handled the case and obtain the case number, charge information, final disposition, sentence, and completion dates.
Read the current eligibility law
Use the state judiciary, legislature, or other official government source. Do not rely on an old blog post because eligibility laws change frequently.
Download the correct court form
Many states have different petitions for dismissals, acquittals, misdemeanors, felonies, juvenile matters, identity theft, and other categories.
Complete every required case field
Use the exact court case number, offense, statute, disposition, arresting agency, prosecutor, and dates requested by the form.
Attach required supporting documents
Depending on state law, the petition may require a certified disposition, criminal-history report, fingerprints, affidavits, proof of sentence completion, or other records.
File with the correct court
In many petition-based systems, filing occurs in the court or county where the charge or conviction originated. Follow the state’s official instructions.
Pay the fee or request a waiver if available
Filing fees vary widely. Some categories—especially dismissals or acquittals in certain states— may be free, while conviction petitions can carry a fee.
Complete notice, review, or hearing requirements
The prosecutor, law-enforcement agency, state repository, probation office, or another agency may receive notice depending on state law.
Keep the signed order permanently
If relief is granted, obtain and safely store a copy of the judge’s signed order. You may need it later if a database continues reporting the record.
Documents worth gathering before you file
Case disposition
Obtain the docket and final judgment or disposition for each charge you want cleared.
Arrest information
Some petitions require arrest date, arresting agency, booking number, or agency case number.
Completion evidence
Keep documentation showing completion of probation, parole, jail/prison sentence, treatment, or other required conditions.
Identification
Some systems require fingerprints, government ID, date of birth, or other identity verification.
Payment records
Where state law makes them relevant, confirm the status of restitution, fines, court costs, and other financial obligations.
Full criminal-history review
Multiple prior cases can affect eligibility. Review your complete history before filing one case in isolation.
How to find the correct court and official forms
Start with the state where the case occurred. Then identify the court that handled the criminal charge or conviction.
Filing fees can depend on why the record is being cleared
There is no national filing fee. Courts can charge different amounts depending on the state, remedy, case type, and disposition.
Some jurisdictions waive fees for particular outcomes such as a dismissal or acquittal, while other petitions require payment unless the person qualifies for an indigency or fee-waiver process.
Some expunctions require a hearing; others can be decided on paperwork
State law determines whether the judge must hold a hearing. Some straightforward dismissals or statutory automatic cases may require little or no courtroom participation. Other petitions can involve review by the prosecutor, criminal-history checks, objections, or judicial findings.
If a hearing is scheduled, bring the documents required by the court and be prepared to address the eligibility factors contained in that state’s statute.
A signed order is the beginning of the cleanup—not always the end
Once relief is granted, the court may send the order to government agencies identified by state law, or the petitioner may have additional steps.
Potential record holders can include:
- court clerk
- arresting police or sheriff agency
- prosecutor’s office
- county jail
- state criminal-history repository
- department of corrections
- probation or parole agency
- state identification bureau
- FBI criminal-history system where applicable
- commercial background-screening companies
Verify the state criminal-history repository separately
Court records and state criminal-history repositories are not the same database. After an expunction or sealing order, make sure the state’s central criminal-history agency has processed the update when state law requires it.
The FBI maintains a nationwide State Identification Bureau Listing with the centralized criminal-history agency for each state.
What happens to FBI criminal-history information after state expunction?
The FBI says questions about expungement or sealing of nonfederal arrest data should be directed to the State Identification Bureau for the state where the offense occurred, because state laws differ.
In many situations, the state agency processes the correction or record-status change and, where appropriate, transmits updated information through criminal-history systems.
Some states maintain criminal-history records at the state level in a way that means the FBI accesses the state’s current system rather than independently changing the underlying state-maintained record.
Request your FBI Identity History Summary if needed
Use the FBI’s fingerprint-based process if you need to see what appears in your own federal identity-history record.
Compare the entry with the court order
Verify that the arrest, disposition, and record status reflect the court’s final action.
Challenge inaccurate information
The FBI provides an Identity History Summary challenge process for information that is inaccurate or incomplete.
How to check whether the record was actually cleared
Do not test only one database. A useful verification process checks each system that could still be displaying the old record.
Search the court’s public database
Confirm the case is no longer publicly visible or is displayed according to the legal effect of the order in that state.
Review the state criminal-history record
Use the state’s official self-review or criminal-history procedure when available.
Check FBI information when relevant
If the record was submitted into FBI criminal-history systems, review your Identity History Summary when the circumstances justify doing so.
Review employment or tenant background reports
If a consumer reporting company still reports a legally cleared record, dispute it and provide the expunction or sealing order.
What to do if an expunged record still appears on a background check
A private background-screening database can sometimes contain old information even after the government record has been legally restricted.
Consumer Financial Protection Bureau guidance states that consumer reporting agencies need procedures designed to prevent reporting public-record information that has been expunged, sealed, or otherwise legally restricted from public access.
Get a copy of the background report
Identify exactly which company reported the record and how the case is described.
Compare it with the government record
Check the case number, identity, original charge, final disposition, and clearing order.
Dispute the record with the screening company
Provide copies of the signed order and other supporting records. Keep the original documents for yourself.
Ask for the corrected report
Verify that the old criminal record has been deleted or corrected as required.
For employment background checks, the FTC explains that the Fair Credit Reporting Act gives applicants dispute rights when information is inaccurate or incomplete.
FTC employment background-check rightsFederal criminal records follow a very different rule
Do not apply state expunction rules to a federal conviction. Federal criminal cases are filed in the U.S. District Courts, and federal record-clearing authority is much narrower than many state expungement systems.
The U.S. Department of Justice Office of the Pardon Attorney states that expungement of a federal offense is a judicial remedy that is rarely granted. DOJ itself and the President cannot simply expunge a federal conviction.
If you are trying to determine whether a federal case was sealed or whether a particular federal court can grant relief, start with the federal court where the case was filed.
Find the federal case with PACER DOJ federal pardon / expungement FAQA pardon is not the same as expungement
This distinction matters especially for federal convictions.
The Department of Justice states that a presidential pardon does not erase the federal conviction. The conviction and the pardon can both continue to appear in the criminal record.
A pardon can still affect legal disabilities and may help with matters such as employment, licensing, or bonding, but it should not be described as record deletion.
DOJ federal clemency informationWhat an expunction may not automatically fix
Even a valid record-clearing order does not necessarily erase every consequence or every copy of information.
Federal immigration consequences
State record clearing may not eliminate federal immigration consequences. Anyone with an immigration issue should get qualified immigration advice before relying on an expunction.
Professional licensing
Some agencies may have statutory access to records that are no longer publicly searchable.
Firearm rights
Do not assume a record-clearing order automatically restores every state or federal firearm right. Rights-restoration law is a separate question.
Old websites and data brokers
Private sites may retain historical copies until their databases update or a valid removal request is processed.
Published news reports
Clearing the government record does not necessarily remove historically published news or other lawful content.
Authorized agencies
In some states, a sealed record remains accessible to specified courts, law-enforcement agencies, prosecutors, or licensing bodies.
Free or low-cost help may be available
Record-clearing proceedings can be technical, particularly when a person has multiple cases, cases in different states, uncertain dispositions, immigration concerns, or convictions with statutory exclusions.
The Legal Services Corporation funds civil legal-aid organizations across every state, the District of Columbia, and U.S. territories. LSC-funded providers can offer assistance with civil legal problems, and some programs handle criminal-record expungement or sealing matters.
Find local legal aidCommon mistakes that delay record clearing
Using the wrong legal term
Searching only “expungement” can miss a state procedure called sealing, set-aside, vacatur, annulment, or expunction.
Using the original charge
Eligibility often turns on the final disposition or conviction, not merely the first charge listed after arrest.
Filing too early
Waiting periods can depend on sentence completion or discharge rather than the date the case began.
Ignoring other cases
Another pending case or conviction may affect eligibility under the state’s statute.
Using outdated forms
Courts regularly revise forms after statutory changes. Download the current version from an official source.
Throwing away the order
Keep the signed order permanently even after the public record appears to have disappeared.
Checking only the court
Verify the state criminal-history repository and other databases that may have received the original record.
Assuming FBI updates are automatic everywhere
State and federal record-maintenance systems differ. Follow the state repository and FBI procedures when needed.
Believing private sites update instantly
Review consumer background reports separately and dispute legally restricted records when necessary.
A practical record-clearing workflow
| Stage | What to do | Best source |
|---|---|---|
| 1. Identify | Find every relevant case and its final disposition. | Official court / clerk |
| 2. Classify | Determine dismissal, acquittal, diversion, misdemeanor, felony, or juvenile status. | Court judgment / docket |
| 3. Check law | Review current eligibility, exclusions, and waiting period. | State judiciary / legislature |
| 4. Check automation | Determine whether state law clears the record automatically. | State guidance / NCSL database |
| 5. File | Use the correct petition and required attachments if petition-based. | Court handling the case |
| 6. Obtain order | Keep the signed clearing, sealing, or expunction order. | Court clerk |
| 7. Verify state record | Confirm the central criminal-history repository reflects the order. | State Identification Bureau |
| 8. Verify FBI | Review FBI Identity History Summary where relevant. | FBI |
| 9. Check private reports | Dispute expunged/sealed information still appearing in consumer reports. | Background reporting company |
Common questions about clearing criminal records
1. Is expunction the same as expungement?
Sometimes. The terminology depends on state law. North Carolina, for example, officially states that “expunction” and “expungement” mean the same thing under its statutes. Other states may use entirely different terms or give similar terms different legal effects.
2. Does expungement completely erase a criminal record?
Not always. Some states destroy or remove qualifying records, while others seal them from public access but allow certain government agencies to retain access. Read the law governing the specific order.
3. Can a felony be expunged?
It depends on the state, offense, criminal history, sentence, waiting period, and statutory exclusions. Some states allow specified felony convictions to be cleared; others sharply restrict felony relief.
4. Can a dismissed criminal case be expunged?
Many states provide some form of clearing for qualifying dismissed charges, but the procedure, timing, and effect vary. Some dismissals may qualify for automatic clearing while others require a petition.
5. Do I have to pay to file for expungement?
It depends on the jurisdiction and type of case. Some petitions require filing fees, while certain dismissed or acquitted cases can be free. Fee-waiver procedures may also be available.
6. How long does an expunction take?
There is no national timeline. Processing can involve criminal-history checks, prosecutor review, notice to agencies, a court hearing, and later database updates. Follow the timeline published by the court handling your case.
7. Will an expunged state record disappear from the FBI record?
State and FBI record systems interact differently depending on the jurisdiction. The FBI instructs people with questions about nonfederal expungement or sealing to contact the State Identification Bureau for the state where the offense occurred. An FBI Identity History Summary can later be reviewed for accuracy.
8. Can a federal conviction be expunged?
Federal expungement is much more limited than state record clearing. The U.S. Department of Justice describes federal expungement as a judicial remedy that is rarely granted and directs people to the court of conviction.
9. Does a presidential pardon remove a federal conviction?
No. The Department of Justice states that a presidential pardon does not erase the conviction. The federal conviction and the pardon can both remain visible on the person’s criminal record.
10. What if an expunged record still appears on an employment background check?
Obtain the report, verify that the government record was legally cleared, and dispute the entry with the consumer reporting company using the court order and supporting documentation. Federal consumer-reporting rules provide rights to dispute inaccurate or incomplete background information.
Official and authoritative resources
- National Conference of State Legislatures — Automatic Criminal Record Clearing Database
- NCSL — Reentry and Criminal Records Enactment Database
- FBI — Identity History Summary Checks
- FBI — State Identification Bureau Listing
- U.S. Department of Justice — Pardon and Federal Expungement FAQ
- PACER — Federal Court Case Search
- Federal Trade Commission — Employment Background Check Rights
- Consumer Financial Protection Bureau — Background Screening and Expunged Records
- Legal Services Corporation — Find Legal Help