To get a charge off your record, you petition the court that handled your case to either expunge or seal it. Whether that petition succeeds depends on how your case ended, how serious the charge was, and how much time has passed since you finished your sentence. The steps are the same almost everywhere: pull your records, file the petition with the right court, serve the prosecutor, and wait for a judge’s decision. Some states now clear qualifying records automatically, so the first thing worth checking is whether you need to file at all.
Expungement and Sealing Are Not the Same
Expungement directs that the record be destroyed. Legally, the arrest or conviction is treated as though it never happened. Sealing hides the record from public view but does not destroy it, and law enforcement, immigration authorities, and certain licensing agencies can typically still see sealed records.
Which remedy is available depends on your state and the offense. Some states only seal convictions and reserve expungement for cases that ended in dismissal or acquittal. Others use the terms interchangeably in their statutes. The court applies whichever remedy your local law allows for your situation, so you generally do not have to choose between them when you file.
Do You Qualify
Eligibility rules vary, but most states weigh the same three things: how your case ended, how serious the charge was, and how much time has passed.
How the Case Ended
Cases that ended without a conviction are the easiest to clear. Dismissals, acquittals, and arrests where charges were never filed face fewer barriers and shorter waiting periods, and some states clear these records automatically after a set number of years.
Convictions get a tougher review. Courts want to see evidence of rehabilitation and a clean record since. Misdemeanor convictions are more commonly eligible than felonies. Violent felonies and sex offenses are excluded in most places regardless of how much time has passed.
The Waiting Period
Most states require you to wait a set period after completing your sentence before you can petition. That wait typically runs from one to ten years, shorter for misdemeanors and longer for felonies. The clock starts only after you finish every part of the sentence: probation, parole, community service, fines, and restitution. If court-ordered money is still outstanding, your waiting period has not started.
You also have to stay out of trouble during the wait. A new arrest or conviction will generally disqualify you or reset the clock.
Reducing a Felony First
In some states, you can petition to reduce a qualifying felony to a misdemeanor before applying for expungement. This two-step route is most commonly available for nonviolent offenses like minor drug possession or theft under a dollar threshold. Reducing the charge first can bring a record within reach that would otherwise be excluded as a felony.
Documents to Pull Before You File
Gather these before you start the petition forms. Missing or inconsistent information is one of the most common reasons petitions get kicked back.
- Your criminal history report (RAP sheet). This is your official record with law enforcement, requested through your state’s criminal justice agency or department of justice. Fees generally run $10 to $75.
- A certified case disposition. This document from the clerk of the court where your case was heard shows how it ended — dismissed, acquitted, or convicted with a specific sentence. Expect a small copying fee.
- The correct petition form. Most court systems publish official templates on their judicial branch website. Using the wrong form invites a procedural rejection.
The petition will ask for your case number, the date of arrest, the arresting agency, and the final charges, which may differ from what you were arrested for. If your RAP sheet shows charges but no final outcome, you will need to track the disposition down separately.
Filing the Petition
You file with the clerk of the court that handled your original case. Most courts accept filings in person, by mail, or through an electronic filing portal. Each method requires a filing fee, which varies widely by jurisdiction.
If you cannot afford the fee, ask the court to waive it by filing an affidavit of indigency. The form asks about your income, assets, and obligations so the court can decide whether to let you proceed without paying. If approved, your case moves forward at no cost.
After filing, you must serve a copy of the petition on the prosecutor’s office that handled your case. This gives prosecutors the chance to review and object. You then file proof of service back with the court clerk to complete the submission.
What Happens After You File
A judge reviews the petition and your supporting documents to confirm you meet every eligibility requirement. For straightforward cases, especially dismissed charges that draw no opposition, the judge may approve without a hearing. For contested or more serious cases, the court schedules a hearing you must attend.
At the hearing, the prosecutor may argue against the petition. Common objections include public safety concerns, the seriousness of the original offense, incomplete sentencing obligations, or new criminal activity since the conviction. You can respond and present evidence of your rehabilitation.
If the Judge Grants Your Petition
The judge signs an order directing that the record be expunged or sealed. The clerk sends copies to the state criminal records repository and the arresting agency. You will get a certified copy of the order, typically within one to two months. Keep it permanently. It is your proof the record was cleared if it ever resurfaces.
If the Judge Denies It
A denial without prejudice means you can fix the problem and refile, either by correcting errors or by waiting until you fully meet the eligibility rules. A denial with prejudice means you cannot refile the same petition, though you may be able to appeal to a higher court. The written order will usually explain the reason and your next steps.
Clean Up Private Background Check Databases
A court order clears your record from official government databases. Private background check companies keep their own copies of criminal data and may keep reporting a charge after it has been cleared unless they are told.
Federal law helps here. The Fair Credit Reporting Act prohibits consumer reporting agencies from including arrest records more than seven years old in most background reports, and convictions that have been expunged should not appear at all under the law’s accuracy requirements. The seven-year limit on arrests does not apply to positions paying $75,000 or more a year.1Office of the Law Revision Counsel. 15 U.S. Code 1681c – Requirements Relating to Information Contained in Consumer Reports
If a background check company reports a charge you have already cleared, you can dispute it. The company must investigate and correct or remove inaccurate entries.2Federal Trade Commission. What Tenant Background Screening Companies Need to Know About the Fair Credit Reporting Act Send a copy of your court order with a written dispute letter, and keep records of every communication.
What a Cleared Record Still Will Not Do
Expungement or sealing does not erase every consequence of a charge. Several areas of federal law treat cleared records differently than state courts do.
Immigration
Federal immigration authorities do not recognize state-level expungement. Under federal immigration law, a “conviction” includes any case where a judge or jury found you guilty, or you entered a guilty plea, and the court imposed some form of punishment, regardless of whether the state later expunged or sealed the record.3Legal Information Institute. 8 U.S. Code 1101(a)(48) – Definition of Conviction U.S. Citizenship and Immigration Services has stated that an expunged conviction for a controlled substance violation or a crime involving moral turpitude still counts as a conviction for visa, citizenship, and removal purposes.4U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 12, Part F, Chapter 2 – Adjudicative Factors If you are not a U.S. citizen, talk to an immigration attorney before assuming an expungement resolves your situation.
Firearms
Federal firearms law generally treats an expunged conviction as though it never happened. A conviction that has been expunged, set aside, or pardoned, or for which civil rights have been restored, is not considered a conviction for purposes of federal firearms restrictions. The exception: if the expungement order or pardon specifically states you may not possess firearms, the federal prohibition still applies.5Office of the Law Revision Counsel. 18 U.S. Code 921(a)(20) – Definitions State firearms laws may impose their own restrictions regardless of federal law.
Professional Licensing
Many state licensing boards, including those for law, healthcare, education, and law enforcement, can access sealed or expunged records during the application process. You may still be required to disclose a conviction even after it has been cleared. Rules vary by profession and jurisdiction, so check with the specific licensing board before you assume the record is invisible.
Employment
In most situations, a cleared record lets you legally deny a conviction on a job application. Federal guidance acknowledges that private databases may keep reporting expunged convictions anyway, which can create problems even where you have the legal right not to disclose.6U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions If a prospective employer finds a cleared record, dispute the background report under the Fair Credit Reporting Act.
Federal Charges Follow Different Rules
Everything above applies to state charges. Federal convictions are far harder to clear, and there is no general federal expungement statute. The one narrow exception is for first-time simple drug possession under the Federal First Offender Act, which allows a dismissal after successful probation and offers full expungement only to people who were under 21 at the time of the offense.7Office of the Law Revision Counsel. 18 U.S. Code 3607 – Special Probation and Expungement Procedures for Drug Possessors For every other federal conviction, the only available relief is a presidential pardon, which does not expunge the conviction and is granted at the president’s sole discretion. The waiting period is at least five years after completing your sentence, including supervised release, and seven years for more serious offenses such as those involving violence, fraud, or narcotics.8U.S. Department of Justice. Pardon Information and Instructions
Check Whether Your State Clears Records Automatically
You may not need to file at all. As of 2025, at least 13 states and the District of Columbia have passed some form of “clean slate” law that automatically seals or expunges qualifying records after a set period, with no petition required. These laws typically cover non-conviction records and low-level misdemeanor convictions. Waiting periods vary, commonly three years for misdemeanors and longer for more serious offenses, and you generally need to have completed your full sentence and stayed conviction-free during the wait. A federal Clean Slate Act was introduced in Congress in 2025 but has not been enacted as of early 2026. Your state’s judicial branch website will tell you whether automatic clearing applies to your record.
What It Costs
Costs vary by jurisdiction, but budget for the following:
- Criminal history report: $10 to $75 from the state agency.
- Certified court documents: a small per-copy fee from the court clerk.
- Filing fee: varies widely; waivable through an affidavit of indigency if you cannot afford it.
- Notarization: $2 to $25 per signature where your state requires notarized petitions or affidavits.
- Attorney fees: optional. An attorney can help in contested or complex cases, and many legal aid organizations handle record clearing for free based on income.
Handling the process yourself, total out-of-pocket costs in most places land somewhere between $100 and a few hundred dollars. A granted fee waiver can bring that down significantly.