Expungement allows individuals to have criminal records sealed or destroyed, giving them a fresh start. Eligibility varies significantly by state, but this guide covers common factors.
Type of offense: Most states allow expungement of misdemeanors and certain non-violent felonies. Violent crimes, sex offenses, and DUIs are often ineligible.
Disposition: Arrests that did not lead to conviction, dismissed charges, and acquittals are usually the easiest to expunge. Some states also allow expungement of completed sentences.
Waiting period: Most states require a waiting period after completing your sentence (typically 1-10 years depending on the offense).
Subsequent offenses: Additional arrests or convictions after the one you want expunged may disqualify you.
Generally involves filing a petition with the court, paying a filing fee ($50-$400 depending on jurisdiction), attending a hearing where a judge evaluates your eligibility and rehabilitation, and waiting for a decision (typically 2-6 months).
An expunged record is generally hidden from standard background checks, allowing you to legally answer "no" when asked about criminal history on most job applications. However, law enforcement and certain government agencies may still access sealed records.