To get a charge off your record, you file a petition asking the court that handled your case to expunge or seal it. Whether the court will grant that request depends on how your case ended, the type of offense, and how much time has passed since you finished your sentence. Some states now clear qualifying records automatically, so before you assemble paperwork, check whether you need to file anything at all.
Expungement and Sealing Are Not the Same Thing
Courts use two different remedies, and the one available to you shapes what “clearing” actually means. 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. Law enforcement, immigration authorities, and certain licensing agencies can typically still see sealed records.
Which remedy applies depends on your jurisdiction and the offense. Some states only offer sealing for convictions and reserve expungement for cases that ended in dismissal or acquittal. Others use the terms interchangeably in their statutes. The court applies whatever remedy your local law allows for your situation.
Whether You Qualify
Eligibility rules vary, but almost every state weighs the same three things: how the case ended, how serious the charge was, and how long ago you finished your sentence.
How the Case Ended
Cases that ended without a conviction are the easiest to clear. Dismissals, acquittals, and arrests where charges were never filed generally face fewer barriers and shorter waiting periods. Some jurisdictions clear these records automatically after a set number of years.
Convictions get a more rigorous review. Courts want evidence of rehabilitation and a clean record since. Misdemeanor convictions are more commonly eligible than felonies, and violent felonies and sex offenses are excluded in most places regardless of how much time has passed.
Waiting Periods
Most jurisdictions require you to wait after finishing your sentence before you can petition. The typical range is one to ten years, shorter for misdemeanors and longer for felonies. The clock only starts once you have completed everything the court ordered, including probation, parole, community service, fines, and restitution. If you still owe court-ordered money, the waiting period has not begun.
You also have to stay out of trouble during the waiting period. 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 conviction to a misdemeanor before applying to clear it. This two-step approach is most commonly available for nonviolent offenses such as minor drug possession or theft under a set dollar threshold. Reducing the charge can make you eligible for relief that would otherwise be closed off.
Documents to Gather Before You File
A successful petition depends on specific documents from official sources. Pulling them together before you start on forms prevents delays and procedural rejections.
- Your criminal history report, sometimes called a RAP sheet, from your state’s criminal justice agency or department of justice. Fees generally run from $10 to $75.
- A certified case disposition from the clerk of the court where your case was heard. This document proves how the matter concluded, whether by dismissal, acquittal, or conviction and sentence. Expect a small copying fee.
- The correct petition form for your jurisdiction, usually available on the state judicial branch website. Using the wrong form is a common reason petitions get bounced.
The petition itself will ask for your case number, the date of the arrest, the arresting agency, and the final charges, which may differ from the charges at the time of arrest. If your RAP sheet lists charges but no outcome, you may need to track down the disposition separately. Inaccurate or missing information is grounds for denial.
Filing the Petition
You submit the completed paperwork to 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 payment of a filing fee, and fees vary widely by jurisdiction.
If you cannot afford the filing fee, ask the court to waive it by submitting an affidavit of indigency. The form asks about your income, assets, and financial obligations. If the court approves it, your case moves forward at no cost.
After filing, you must serve a copy of the petition on the prosecuting attorney’s office that handled your case. That gives prosecutors the chance to review it and decide whether to object. You then file proof of service back with the court clerk to complete your submission.
What Happens After You File
A judge reviews the petition and supporting documents to confirm you meet all the eligibility requirements. For straightforward matters, particularly dismissed charges with no objection from the prosecutor, the judge may approve the petition without a hearing. Contested cases and more serious offenses get scheduled for a hearing you must attend.
At the hearing, the prosecutor may argue against clearing the record. Common grounds for objection include public safety concerns, the seriousness of the original offense, unfinished sentencing obligations, or new criminal activity since the conviction. You can respond and present evidence of rehabilitation.
If the judge grants the petition, they sign 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 receive a certified copy of the order, typically within one to two months. Keep it permanently. It is your proof if the record ever resurfaces.
A denial is not necessarily final. If the judge denies the petition “without prejudice,” you can correct the errors or wait until you fully meet the requirements and refile. A denial “with prejudice” bars refiling the same petition, though you may be able to appeal to a higher court. The written order will typically explain the reason and any next steps.
Check Whether Your State Clears Records Automatically
You may not need to file anything. A growing number of states have “clean slate” laws that automatically seal or expunge qualifying records after a set period, with no action from the individual. As of 2025, at least 13 states and the District of Columbia have passed some form of automatic record-clearing legislation, and several more have introduced similar bills.
These laws typically cover non-conviction records and low-level misdemeanor convictions. Waiting periods vary, often three years for misdemeanors and longer for more serious offenses. You generally must have finished your full sentence and stayed conviction-free during the wait. Your state judicial branch website is the place to check whether automatic clearing applies to you.
At the federal level, the Clean Slate Act of 2025 has been introduced in Congress. As of early 2026, it has not been enacted.
What a Cleared Record Won’t Fix
Expungement or sealing does not erase every consequence of a charge. A few areas of federal law and private practice treat cleared records differently than state courts do, and knowing where the limits are matters before you assume the problem is behind you.
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 pleaded guilty, and the court imposed some form of punishment, regardless of whether the state later expunged or sealed the record.1Legal 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.2U.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 status.
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 one for which civil rights have been restored, is not considered a conviction for purposes of federal firearms restrictions. There is one exception: if the expungement order or pardon specifically states that you may not possess firearms, the federal prohibition remains.3Office of the Law Revision Counsel. 18 U.S. Code 921(a)(20) – Definitions State firearms laws can impose their own restrictions independent of federal law.
Professional Licensing
Many state licensing boards for fields such as law, healthcare, education, and law enforcement can access sealed or expunged records during the application process. You may still be required to disclose a cleared conviction. Rules vary by profession and jurisdiction, so check with the licensing board that governs your field.
Private Background Check Databases
A court order clears your record from official government databases, but private background check companies keep their own copies of criminal data. They may keep reporting a cleared charge unless notified. Under the Fair Credit Reporting Act, consumer reporting agencies generally cannot include arrest records more than seven years old, and expunged convictions should not appear at all under the law’s accuracy requirements. The seven-year limit on arrest records does not apply to positions paying $75,000 or more per year.4Office of the Law Revision Counsel. 15 U.S. Code 1681c – Requirements Relating to Information Contained in Consumer Reports If a background check company reports something you have already cleared, you can dispute it, and the company must investigate and correct inaccurate entries.5Federal Trade Commission. What Tenant Background Screening Companies Need to Know About the Fair Credit Reporting Act Send the company a copy of your court order with a written dispute letter, and keep records of every communication. Federal guidance acknowledges these databases can continue to report expunged convictions even where you have the legal right not to disclose them.6U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions
Federal Charges Follow Different Rules
Federal convictions are far harder to clear than state charges. There is no general federal expungement statute; with one narrow exception, a federal conviction stays on your record permanently.
The exception is first-time simple drug possession. A court may place a qualifying person on probation for up to one year without entering a conviction, and if the person completes probation successfully, the case is dismissed. Full expungement of the arrest and proceedings is available only to individuals who were under 21 at the time of the offense. To qualify, you must have no prior federal or state drug convictions and must not have previously received this type of disposition.7Office of the Law Revision Counsel. 18 U.S. Code 3607 – Special Probation and Expungement Procedures for Drug Possessors
For all other federal convictions, the only relief is a presidential pardon. A pardon does not expunge the conviction or remove it from your record; it is an official act of forgiveness that can restore certain rights. Applicants must wait at least five years after completing their sentence, including any supervised release. More serious offenses, including those involving violence, fraud, or narcotics, require a seven-year wait.8U.S. Department of Justice. Pardon Information and Instructions Pardons are granted at the president’s sole discretion and are rare.
What It Costs
Total cost varies by jurisdiction. Budget for several separate fees:
- Criminal history report from your state, typically $10 to $75.
- Certified copies of case documents from the court clerk, a small per-copy fee.
- The court filing fee, which varies widely. If you cannot afford it, file an affidavit of indigency to request a waiver.
- Notarization, if your jurisdiction requires notarized signatures. Notary fees range from $2 to $25 per signature depending on the state.
- Attorney fees, if you hire one. You are not required to, but an attorney can help with contested petitions or complex cases. Many legal aid organizations offer free help for people who qualify based on income.
Handling the process yourself typically runs from around $100 to a few hundred dollars total. An approved fee waiver can bring that down significantly.