Expunging or Sealing an Adult Criminal Record

Almost every state has enacted laws that allow people to expunge arrests, and often convictions, from their records.

Having a criminal record of a conviction for a criminal offense -- or even the record of an arrest -- can negatively impact a person’s life. A criminal record can be a barrier, for instance, to securing employment, housing, and professional licenses, because most employers and landlords now conduct background checks on applicants as a matter of routine, and applications for professional licenses usually require information about an applicant’s criminal history. Even a record containing a single minor criminal offense such as misdemeanor trespassing or disorderly conduct can cause difficulties in a person’s life years later. Fortunately, in some cases -- depending on the specifics of your record and laws in the state where the incident occurred -- you may be able to clear your criminal record through a process called "expungement" or "expunction."

This article concerns adult criminal records. If you are interested in sealing a juvenile court record, see Expunging or Sealing a Juvenile Court Record.

What Is Expungement?

Expungement refers to the process of destroying, erasing, or sealing arrest or conviction records. Almost every state has enacted laws that allow people to expunge arrests, and often convictions, from their records. Though the details vary from one state to the next, most states' laws provide that, once an arrest or conviction has been expunged, it need not be disclosed, including to most potential employers and landlords. For example, if your criminal record consisted of only one conviction for petty theft and you later had the conviction expunged, you can legally answer, “No” if you apply for a job and the application asks, "Have you ever been convicted of a criminal offense?"

Although expunging or sealing a criminal record generally means that it will not appear in a background check and that the courts will not disclose the record, in some situations the court may be required to disclose the record or a person or organization may be entitled to access it. For example, the record may be accessible to a government agency if you apply for a position in law enforcement. For information about the limited situations in which a sealed or expunged record can be disclosed or used against you, refer to The Limits of Expunging Your Criminal Record.

Is Your Record Eligible for Expungement?

The first step in seeking an expungement is to determine whether your record qualifies. A few states have very strict laws and rarely allow expungement of accurate arrest or conviction records, but most have expungement procedures that depend on the following factors:

  • whether you were actually convicted of a crime
  • if you were convicted, the severity of the crime
  • how long it has been since you were arrested or convicted
  • whether you have successfully completed the terms your sentence, probation, or diversion program, and
  • whether you have been convicted of other crimes.

It is unlikely that any state law will allow expungement of a very serious crime, such as a violent felony or a sex offense, except in a case of mistaken identity or identity theft where you actually are not the person who was convicted of the crime.

Applying for Expungement

If your criminal record is eligible for expungement, you may not need to hire an attorney to complete the process. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free. You usually will be required to pay a fee in in order to file the expungement application with the court. In more complex situations, you will need the assistance of a qualified criminal law attorney.

Expungement Laws by State

To learn more about expunging criminal records in selected states, read the overviews, below. Follow the link to the state article itself, to learn whether you can expunge an arrest or conviction record in that state, and for tips on getting started.

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