Understanding the Criminal Record Expungement Process

Approximately one in three adults has a criminal record of some kind. If you’re one of these individuals, your record may make it difficult to find employment or housing. Depending on your case, you may be eligible to seek an expungement, which may reduce the impact of your criminal record on your life today. This guide explains how to expunge a record and provides a step-by-step process for getting started.

Expungements are legal proceedings that result in limited access to criminal records. Through the expungement process, you can seek to have a criminal record removed from public records or made unavailable to the public, depending on the laws and regulations in your area. Following an expungement, the criminal record typically won’t show up in most background checks conducted by a consumer reporting agency for employment, housing, or other purposes.

Expungement and sealing of criminal records are closely related processes. Sealing means the record still exists, but it is inaccessible to the public and can only be disclosed with a court order.

In some jurisdictions, the expungement process results in the sealing of criminal records. Other jurisdictions will destroy expunged records. When an expungement results in the destruction of a record, it is no longer accessible to anyone under any circumstances.

Eligibility for expungement varies based on where the criminal conviction occurred. Federal convictions can’t be expunged, and each state sets its own laws and qualifications for the expungement process, including eligible offenses, waiting periods, and criminal history since the conviction. Here’s a look at each type of qualification.

States may require those seeking expungements to wait a set amount of time before applying. These mandatory waiting periods typically begin once all terms of the sentence have been completed, including probation or parole. Additionally, all fines, fees, or restitution must be paid before seeking an expungement.

States may require those seeking expungements to wait a set amount of time before applying. These mandatory waiting periods typically begin once all terms of the sentence have been completed, including probation or parole. Additionally, all fines, fees, or restitution must be paid before seeking an expungement.

Many states have clean record requirements for expungements. Under these laws and regulations, a person is only eligible for an expungement if they have had no additional arrests or convictions after the initial offense.

To start the expungement process, you should obtain your criminal record, determine your eligibility, research the requirements, and consider seeking legal advice. Here’s how to get started, step by step.

Before applying for the expungement process, you need detailed information about your criminal history. Ordering a complete criminal record will give you key facts, such as:

You may also need to provide a complete copy of the record with your application.

Familiarize yourself with your state's expungement laws and regulations and compare them to your specific circumstances. Remember, you will typically need to meet all qualifications, such as offense type, waiting period, and clean record requirements, unless your state provides exceptions.

Although states pass laws and enact regulations that govern the expungement process, counties can often establish their own procedures. For example, one county may require submitting a petition in person, while another offers an online process.

If your conviction occurred in a county court, you’ll need to follow the procedure in place there. Research the process, including steps, rules, and application forms. Also, find out how much it is to expunge a record in that county, as costs vary.

Although not required, an attorney can be a valuable resource and source of support during the expungement process. If hiring one isn't feasible, search for free or low-cost legal aid services in your area.

Accuracy matters when requesting an expungement. Any errors on your petition form could result in delays or even denial of your request. Don't rely on memory alone when completing paperwork.

To reduce the chance of errors, order a complete criminal history report from a trusted background check provider, like Checkr, so you have exact details in front of you. With Checkr, you can order a personal background check online and receive results in minutes.

Double-check that you have the correct petition forms for your case. Some jurisdictions may have just one form, while others may use different forms, depending on the type of offense and other factors.

Once you have the proper forms, fill them out carefully. Confirm the spelling of all words and refer to your criminal history report for specific information. Review the form entirely when you’re finished. Consider having an attorney or trusted third party check the form for errors or omissions.

Petitions generally must be filed in the court where your case was initially handled. Submit the forms to the correct court and be prepared to pay any filing fees.

To expunge your record, you’ll need to check eligibility, fill out the appropriate forms, pay fees or apply for fee waivers, file paperwork, and confirm the court's final order. Here’s the expungement process from start to finish.

The first step in the expungement process is reviewing the qualifications and waiting period in your state. First, check if your state or county has a dedicated web page for expungements that explains the eligibility requirements.

If you can’t find one, review the text of criminal identification acts or criminal record acts in your state. An attorney can be helpful at this stage in the process to confirm your eligibility and explain your options.

For eligible individuals wondering how to expunge a record, the next step is obtaining expungement forms. As previously mentioned, the county may use a single form or have separate forms for different conviction types and situations.

Where you can obtain these forms also varies. Many counties will provide them online for download or submission, while others may require you to pick them up at the courthouse.

Counties typically assess fees for expungements, and the cost varies depending on the circumstances. Some states allow individuals who meet income and other requirements to apply for waivers—if approved for a waiver, you can then receive a free expungement.

Even if your state does not have a waiver program, you may be eligible for expungement fee assistance through nonprofit organizations in your area. To find help, search online for “expungement fee assistance [County, State].”

Once your paperwork is complete, file it online or in person at the county courthouse. In most cases, the county court will then schedule an expungement hearing.

After submitting your request, you will typically need to fulfill the service requirements. This means that you must give formal notice of your expungement request to specific parties, such as law enforcement agencies and the county clerk.

You will need to serve them within a certain number of days before your hearing date. Depending on the procedures of your county, you can provide service via certified mail, electronically, or with the assistance of a process server.

You will need to serve them within a certain number of days before your hearing date. Depending on the procedures of your county, you can provide service via certified mail, electronically, or with the assistance of a process server.

Consider having an attorney represent you at your hearing. On the appointed day, show up on time and come prepared with two copies of the following:

At the start of the hearing, the judge will ask you questions about your petition and your criminal history. Answer truthfully and be as open as possible. If you don’t understand a question, ask for clarification before responding.

The prosecutor may speak at the hearing, and might argue against your request and provide reasons why. Remain quiet and allow them to finish.

Then, you will have the opportunity to speak on your behalf. Consider reading your written statement aloud at this point. You can also respectfully refute or clarify anything that the prosecutor said.

After your statement, the judge may have additional questions. In some cases, they will give their decision immediately. Other times, they may provide you with a written decision within a few days or weeks.

If the judge approves your petition, they will issue a court order directing relevant agencies to expunge your records. The court distributes the order for you and gives the agencies a timeframe for completing the request. Once the deadline has passed, you can order a criminal background check report or search public court records to confirm the expungement has been completed.

The costs of expungements vary by state and county. You may be responsible for paying the following:

An expungement may provide a fresh start by reducing the impact of a past conviction on your life, both present and future. While the expungement process varies by jurisdiction, obtaining your complete criminal history can be a good first step.

Checkr makes it easy to access the criminal history information that you need to start the expungement process. Our personal background check reports include detailed criminal records information and are available in minutes. Begin the expungement process by ordering your personal background check today.

About the author

Hayley Harrison writes about a wide range of business topics and best practices, including background checks, candidate experience, and recruitment and retention. Her work includes educational articles, e-books, and blog posts.