To file for expungement, you submit a petition to the court that handled your original case, but most of the work happens before you get there: confirming eligibility under your state’s statute, pulling certified records, completing the correct form, paying a filing fee, and formally notifying the prosecutor. Expungement is governed entirely by state law, so the details shift depending on where the offense occurred. The general sequence, though, is consistent across most states.
Make Sure Expungement Is What You Actually Want
Three remedies get confused constantly, and they do different things to your record.
- Expungement permanently destroys or erases the record from government databases. Once completed, it’s as if the arrest or conviction never happened, and in most states you can legally deny it occurred.
- Sealing hides the record from public view but leaves it accessible to law enforcement, certain government agencies, and sometimes professional licensing boards. Some states call their process “expungement” when it’s technically closer to sealing.
- Pardon is an act of forgiveness from the governor or president. It may restore rights like voting or firearm possession, but the conviction remains visible. In some states, a pardon is a prerequisite for becoming eligible for expungement.
Not every state offers true expungement for convictions. Some only allow sealing, and a few provide neither for certain offense categories. Read the specific statute that applies to your case before assuming the remedy is available.
Confirm You’re Eligible
Eligibility depends on three things: what the offense was, how the case ended, and how much time has passed.
Offense Type and Case Outcome
The easiest records to clear are arrests that never led to a conviction. If your case ended in dismissal, acquittal, or completion of a pretrial diversion program, you’re eligible in virtually every state, often with little or no waiting period. Non-violent misdemeanor convictions are the next most commonly eligible category, followed by lower-level non-violent felonies in states that allow felony expungement at all.
Serious violent felonies, sex offenses requiring registration, and certain repeat offenses are almost universally excluded. DUI and domestic violence convictions fall into a gray area where some states permit expungement and others don’t. If your offense is on the borderline, the answer is in your state’s specific statute, not in general guidelines.
Waiting Periods
Even for eligible offenses, you can’t file immediately after completing your sentence. Every state imposes a waiting period that begins after you finish all terms of your sentence, including probation, parole, and payment of fines or restitution. For misdemeanors, this is commonly one to five years. Felony waiting periods are longer and vary more, ranging from three years for lower-level felonies in some states to ten or fifteen years for more serious offenses in others. You must stay conviction-free during the entire waiting period.
Check Whether Your State Clears Records Automatically
A growing number of states have passed “clean slate” laws that automate expungement or sealing for qualifying offenses once the waiting period expires. If you live in one of these states, your record may be cleared without you filing anything. As of 2025, states with clean slate laws include California, Colorado, Connecticut, Delaware, Illinois, Michigan, Minnesota, New Jersey, New York, Oklahoma, Pennsylvania, Utah, Virginia, and Washington, D.C. Each state covers different offenses and timelines, so even in a clean slate state, not every record qualifies. If your offense isn’t covered by the automatic process, you can still file a petition manually.
Gather Your Documents
Once eligibility is confirmed, you need two things: a certified copy of your criminal record and the court’s official petition form.
Get a Certified Copy of Your Criminal Record
Contact the state police, state bureau of investigation, or department of justice in the state where the offense occurred to request a certified copy of your criminal history. You can also request a national Identity History Summary from the FBI for $18.1Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions The FBI report confirms what’s in the federal database; the state record is what you’ll actually attach to your petition.
From your criminal record, pull the following details for each case you want to expunge:
- Date of the arrest
- Name of the arresting law enforcement agency
- Court case number
- Specific charges filed
- Final disposition of the case (dismissed, convicted, diverted, etc.)
Get every detail right. Courts reject petitions over mismatched case numbers or incorrect charge descriptions, and filing fees are non-refundable.
Download the Correct Petition Form
The petition is a standardized form available on the website of the state or county court where your case was handled.2United States Courts. Expungement and Benefit Reinstatement Forms Download the current version. Petitions filed on outdated forms get rejected, and the fix is to start over and pay a new filing fee. Some jurisdictions also require fingerprinting as part of the application, typically through a Live Scan appointment at a law enforcement office or authorized provider.
File the Petition and Serve the Prosecutor
File your completed petition with the clerk’s office of the court where the original case was handled. Depending on the court’s rules, you may be able to file in person, by mail, or in some jurisdictions electronically. You’ll pay a filing fee at the time of submission. Fees vary widely, from nothing in states that waive them for certain non-conviction records to several hundred dollars for felony petitions. Filing fees are non-refundable, even if your petition is denied.
If you can’t afford the filing fee, most states allow you to request a fee waiver by submitting a separate form documenting your income and financial hardship. The court reviews your finances and either waives the fee entirely or sets up a payment plan. Ask the clerk’s office for the fee waiver form when you pick up or download the petition.
After filing, you have to formally notify the prosecutor’s office by “serving” them a copy of your petition. This gives the district attorney notice and an opportunity to object. In some courts, the clerk handles service automatically when you file. In others, you’re responsible for delivering copies to both the prosecutor and every law enforcement agency named in the petition. Either way, you’ll need to file proof of service with the court before a judge will review your case. Don’t skip this step. A petition sitting without proof of service just sits indefinitely.
The Hearing and the Judge’s Decision
After the prosecutor receives your petition, they typically have 30 to 60 days to file an objection. If no objection is filed, many judges will grant the expungement on the paperwork alone, without a hearing. If the prosecutor objects or local rules require it, the court will schedule a hearing.
What the Judge Considers
At a hearing, the judge weighs the seriousness of the original offense, how much time has passed, your criminal history since the offense, your employment and rehabilitation efforts, and the specific harm you’d face if the petition were denied. The prosecutor may argue that public safety concerns outweigh the benefits of clearing the record. You’ll have the chance to present your case, including evidence of rehabilitation such as employment records, community involvement, completion of treatment programs, or letters of support.
Judges have wide discretion here, and a well-organized presentation showing genuine rehabilitation makes a meaningful difference, especially when the prosecutor is pushing back. If your case involves a contested hearing, hiring an attorney shifts the odds meaningfully in your favor.
Get a Certified Copy of the Order
If the judge grants your petition, they’ll sign an order directing relevant agencies to expunge or seal the record. Get a certified copy of this order immediately and store it somewhere safe. Once the record is sealed, obtaining another copy becomes difficult, and you may need it years later to challenge an old background check that didn’t get updated.
What to Do After the Order Is Granted
The court clerk sends certified copies of the expungement order to the law enforcement agencies listed in your petition. Those agencies generally have 30 to 60 days to update their databases and remove the record from public access. Getting the order signed is really only half the job.
Follow Up With Government Agencies
Don’t assume agencies comply automatically. Contact each agency listed in your order after the compliance period expires and confirm your record has been removed. The FBI removes federal arrest data only at the request of the original submitting agency or upon receipt of a federal court order specifically directing expungement.1Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions Some state expungement orders automatically trigger an update to FBI records, but many don’t. If the state agency hasn’t forwarded the update to the FBI, contact your state identification bureau and specifically request that they transmit the updated information to the FBI’s Criminal Justice Information Services division.
Dispute the Record With Private Background Check Companies
Private background check companies buy criminal record data in bulk from court systems and public databases. Even after government agencies update their records, private companies may continue reporting your old charges for months because they’re working from stale data. Federal law requires these companies to follow reasonable procedures to ensure the maximum possible accuracy of the reports they sell.3Office of the Law Revision Counsel. 15 USC 1681e – Compliance Procedures A company that reports an expunged record after being notified of the order is potentially violating that standard.
If an expunged record appears on a background check, you have the right to dispute it directly with the reporting company. Send them a copy of your expungement order and demand they remove the record. The Foundation for Continuing Justice operates an Expungement Clearinghouse that can notify more than 500 private background check companies on your behalf. The process requires submitting a copy of your court order and typically takes 60 to 120 days.
If Your Petition Is Denied
A denial isn’t necessarily the end. What matters is the reason and whether the court dismissed your petition with or without prejudice.
A denial “without prejudice” means you can fix the problem and try again. Common fixable issues include filing too early before the waiting period expired, submitting incomplete paperwork, or failing to properly serve the prosecutor. Correct the deficiency and refile when the time is right. A denial “with prejudice” is more serious. The court has made a final determination, and your recourse is to file a formal appeal to a higher court, which is generally worth pursuing only if the judge made a clear legal error.
If your petition was denied on its merits because the judge found the offense too serious or your rehabilitation evidence insufficient, you may still be able to file a new petition after additional time passes. Some states allow refiling after a set number of years. Use the intervening time to strengthen your case: steady employment, community service, and completed rehabilitation programs all carry weight the second time around.
What It Costs to File
The total depends on whether you handle the process yourself or hire an attorney, and on what your state charges in fees.
- Court filing fees range from zero in states that waive fees for non-conviction records up to several hundred dollars for felony petitions. Many states set fees between $60 and $200 for a standard petition.
- If your jurisdiction requires fingerprinting, expect to pay $50 to $100 for a Live Scan or ink-based submission, combining the service provider’s fee with state and federal processing charges.
- State criminal history reports typically cost $10 to $30. An FBI Identity History Summary costs $18.1Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions
- Hiring a lawyer for a straightforward, uncontested expungement typically runs $400 to $4,000, depending on complexity and local rates. Contested hearings push costs higher.
If you can’t afford these costs, look into free expungement clinics. Many legal aid organizations and bar associations hold periodic clinics where attorneys handle petitions at no charge for qualifying individuals. Some public defender offices also assist with post-conviction relief. Searching your county bar association’s website or calling 211, the community services helpline, will usually point you toward local options.
Federal Convictions Are a Different Situation
Everything above applies to state-level offenses. There is no general federal expungement statute. The one narrow exception is 18 U.S.C. ยง 3607, which allows expungement for first-time simple drug possession offenders who were under twenty-one at the time of the offense and were placed on probation without a judgment of conviction. If you meet those criteria, the court is required to grant expungement upon your application.4Office of the Law Revision Counsel. 18 USC 3607 – Special Probation and Expungement Procedures for Drug Possessors
For everyone else with a federal conviction, courts have occasionally used their inherent authority to expunge records in extraordinary circumstances, such as arrests based on unconstitutional statutes or cases involving serious government misconduct. In practice, this almost never succeeds for valid convictions. If you have a federal record, consulting an attorney who specializes in federal post-conviction relief is worth the cost of a consultation before spending time on a petition that has virtually no chance.