Expunging or Sealing an Adult Criminal Record

Criminal records can make life difficult. Employers and landlords commonly ask job or rental applicants whether they've ever been convicted of (or perhaps even arrested for) a criminal offense. Employers might not hire, or landlords might not rent to, people who answer "yes" to having a record. The good news is that, in some cases, you may be able to get an arrest or conviction sealed so that most people can't view it.

Below we review criminal expungement for adult records. We have a separate article on Sealing Juvenile Court Records.

What Is Expungement?

Expungement refers to the process of sealing arrest, conviction, and related criminal records from public view. Virtually every state has enacted laws that allow people to expunge arrests and convictions from their records. Your state might use a different term than expungement, such as expunction, or refer to the process as setting aside, sealing, erasing, or vacating a criminal record.

Does Expungement Erase a Criminal Record?

Not completely. Very few states actually destroy or erase an expunged record. Instead, most states make the record confidential so the public can't view it. Some states refer to this as "sealing" the record. For example, a potential employer who requests a background check won't be able to see expunged records on file. But a police officer could see the record when making arrest decisions.

Why Is It Important to Get a Criminal Record Expunged?

Though the details can vary from one state to the next, most states' laws provide that once your arrest or conviction has been expunged, you don't need to disclose it to potential employers, landlords, or licensing boards. Expunging a record also prevents the general public from viewing it, as explained above.

Let's assume that Joe was convicted of petty theft and later had the conviction expunged. This was Joe's only brush with the criminal justice system. If Joe applies for a job and the application asks, "Have you ever been convicted of a criminal offense?" Joe can honestly answer "No" and has a much better chance of getting that job.

Who Can See an Expunged Record?

In most states, judges, law enforcement, and prosecutors will be able to see expunged records when they make future criminal arrest, charging, or sentencing decisions. Certain state employers or licensing boards may also ask the court to open an expunged record when a person applies for a sensitive position, such as working in a daycare, nursing home, or criminal justice agency.

Expungement applies only to government records. Whatever information is out there in newspapers, on social media, or in private databases will likely remain there unless you take additional efforts to address such information. As people like to say, the internet never forgets.

What Types of Adult Criminal Records Can Be Expunged?

Not all criminal records can be expunged. Most states place limits on what type of records and offenses qualify for expungement. For example, a jurisdiction might allow expungement only for misdemeanor and felony arrests that don't result in a conviction, non-violent misdemeanor convictions, and a short list of felony convictions. Many states provide a list of ineligible offenses. Common offenses that are ineligible for expungement include violent offenses, homicides, sex offenses, impaired driving (DUI), and bribery or fraud offenses.

State laws vary widely on what records and offenses are eligible. Having more than one felony conviction on record might make you ineligible. Some states limit a person to one expungement in a lifetime.

When Can You Apply for Expungement?

Many states make expungement available only after a person finishes serving the entire sentence, including any term of probation. A state might require payment of all fines, fees, and restitution associated with the offense.

Also, check to see whether a wait period applies. Before requesting an expungement, some laws require a person to wait a certain amount of time (such as 2 or 5 years) after completing their sentence–and have no new arrests or convictions during that time. These wait periods might vary depending on the offense level and whether the record is a conviction or nonconviction record. Nonconviction records and misdemeanors tend to have shorter wait periods for expungement.

How to Get an Adult Criminal Record Expunged

A few states have implemented automatic expungement laws, which means the work might be done for you. But most people will still need to file an application or petition with the court. The process will vary by state, but below are four common steps involved in getting a criminal record expunged.

Step one is figuring out whether a record can be expunged. It's helpful (and sometimes required) to get a copy of your criminal history record. You'll also want to review your state's laws regarding expungement eligibility. Many courts and legal aid organizations have information online explaining what records qualify for expungement in your state.

Step two usually involves paperwork. Typically, a person must fill out a court form (such as an expungement petition or application), file the petition or application with the court and the prosecutor's office, and sometimes pay a filing fee. Most courts have expungement forms online, or you can contact the court clerk.

Step three may require going to court for a hearing. At this hearing, the judge might ask questions about why you want an expungement (for instance, maybe you've had a hard time finding a job) and why you can be trusted not to break the law again. Sometimes, if the prosecutor doesn't object to the expungement, no court hearing will be required.

Step four is to wait. If the judge grants the expungement, it will likely take a few days or weeks to seal the court and agency records. It's also a good idea to check court records and agency records to verify that the expunged record no longer shows up.

Do You Need a Lawyer to Get an Expungement?

Expungement doesn't necessarily require hiring an attorney. Many courts have forms and instructions available online or at the courthouse. But expungement laws can be complicated, and each state uses a different procedure, which can vary by offense, disposition, and other factors. Understandably, the process can get overwhelming rather quickly.

Many states are working to make the expungement process easier (and even automatic in some places), but know it can take some time and effort to work through all the details, fill out forms properly, file the court forms, and go to court. If you need assistance, consider hiring an attorney or seek out help from a legal aid organization (some run free expungement clinics).

Finding More Resources on Expunging Adult Criminal Records

Contact an attorney if you're not comfortable going through the process of expunging your records on your own or you're just overwhelmed. Other helpful resources may be found on the court's website or on the website of a legal aid or expungement clinic. Do a quick online search or check out some of these resources:

• Collateral Consequence Resource Center (50-state guides)
• Clean Slate Clearinghouse
• Clear My Record (California only)

You can also check out answers to the FAQs below.

FAQs on Expunging or Sealing Adult Criminal Records

Here are some additional questions people commonly have about expungement.

• My state decriminalized marijuana. Did the new law automatically expunge my old marijuana conviction?
• How do I expunge criminal records from another state?
• What can I do if I can't afford the court filing fee for the expungement?
• Will expungement automatically restore my gun rights?
• If I was acquitted or the charges were dismissed, do I need to expunge my records?

  My state decriminalized marijuana. Did the new law automatically expunge my old marijuana conviction?

  That will depend on what state you are in and, in some cases, the specifics of your conviction. Some states require old marijuana possession convictions to be automatically expunged. Others require a person to file a petition with the court. Even if a petition is required, many states created simplified processes for these decriminalized offenses. States with the automated process might still require certain people to file a petition with the court, usually in cases where a defendant faced multiple criminal charges. Check out this resource from the Collateral Consequences Resource Center to learn more about your state's laws.

  How do I expunge criminal records from another state?

  A court only has the authority to expunge or seal records in their jurisdiction. This means an Alabama court can only expunge Alabama records; it can't expunge Louisiana records or any other state or federal records. You need to file an expungement petition in the state where the conviction occurred.

  What can I do if I can't afford the court filing fee for the expungement?

  Many states waive court filing fees for individuals who can't afford them. But you'll likely need to fill out financial forms and affidavits that the court will review to see if you meet the indigency thresholds. If you receive government assistance, you will probably qualify for a fee waiver. Check the court website or ask the court clerk for fee waiver forms, often referred to as in forma pauperis.

  Will expungement automatically restore my gun rights?

  Not usually. Only a few states allow restoration of gun rights upon expungement of the disqualifying offense. But the law might provide exceptions for certain violent offenses, impose a wait period, or require the judge to include the restoration in its order. It's important to check how your state's laws work—as it's often a felony to illegally possess a firearm.

  If I was acquitted or the charges were dismissed, do I need to expunge my records?

  You might. Even without a conviction, you may still have arrest, charging, and booking records on file. State laws might require the court or prosecution to seal all records not resulting in a conviction, but it might not happen automatically. You or your attorney might need to make the request in court or file a petition. Some states offer a simplified process for these types of records. If you only have a police record, your state might have a process for asking the law enforcement agency to seal or destroy its records.