Expungement is the legal procedure used to destroy or seal the records of a case. The exact definition of expungement varies greatly among states. Each state offers different types of record clearing or expungement relief, and each of those legal procedures can use different terminology and have different effects on the criminal record. Examples of record clearing services include: expungement, record sealing, setting aside a conviction, vacating a conviction, and orders of non-disclosure. To get specific expungement information for your state, please click here or choose the state in which you have a record from the drop down menu above.
The Expungement Process
The process, much like the laws and terminology, differs widely among states. The process will generally involve initial research to obtain the court documents, which will contain the information required on the expungement petition. That information is then included in the application or petition, which is filed, along with any supporting documents required by the court, in the county in which the case occurred. The petition is usually also submitted to the district attorney or prosecutor’s office for their review; they are provided time to review and respond to the petition. Once the court receives the petition, they will either set a hearing date or submit the petition to the judge for a decision to be made.
The timeframe for the entire expungement process also differs from court to court, ranging anywhere from 2-6 months on average. To get a more accurate estimate on how long your expungement may take, please take our confidential eligibility test and review the information on the service for which you are eligible.
Effects of an Expungement
After your arrest or conviction is expunged, sealed, set aside, or vacated, you can feel more confident applying for jobs or housing. The law varies from state to state, but generally, you do not have to disclose your expunged conviction when applying for a job, to a school, or for housing. An expungement is a great way to put your past behind you and open up many opportunities, allowing you to focus on the future.
Depending on the laws in your state, the arrest may remain on your record and appear on higher-level background checks that require fingerprinting; in those instances, the case would appear as dismissed, because the conviction (finding of guilt) has been removed from your record. In other states, an expungement is a complete removal of the case from your criminal record and the records of the case are destroyed. Background checks that search for convictions (the type performed by many employers) normally will not reveal an expunged case, because the case has either been completely removed from your record or because it is no longer considered a conviction
Can I Get an Expungement?
Eligibility requirements for expungement vary widely among states. However, some felony and misdemeanor offenses that may be eligible to be expunged or sealed include:
Indiana Appeals Court: Trial Judges Have No Discretion in Certain Expungements
The Indiana Court of Appeals ruled today that judges do not have discretion to deny a valid petition for expungement of a low-level felony or misdemeanor conviction. The appellate court held that the use of the word "shall" from Indiana's 2013 expungement law change prevents judges from exercising discretion in deciding these expungement requests. Read More
Minnesota House Passes Expungement Bill HF 2576
he Minnesota House of Representatives passed a bill last week that will significantly improve the expungement law in Minnesota. The major changes include expanding the eligibility for a statutory expungement to some misdemeanor and felony convictions. Additionally the bill adds an explicit provision that requires background check companies to promptly remove the record of a case once they know it has been expunged. Read More
California Appellate Court Upholds Expungement of Attempted Sex Offense
Recordgone.com recently defended an appeal of a granted California expungement, and the Court of Appeal has unanimously affirmed the order granting the expungement motion. The case involved whether a conviction for an attempted violation of section 288(a) could be expunged under California Penal Code section 1203.4. Read More
Pennsylvania State Senator Announces Bills to Reform Marijuana Expungement Laws
Two new Pennsylvania bills are set to reform marijuana expungement laws. Both bills would have a significant, positive effect on the number of people eligible for an expungement in Pennsylvania. Currently, summary offenses are one of the few types of convictions that are eligible to be expunged. Read More
New York Chief Judge to Propose New Expungement Law
Across the country, more states are starting to consider and introduce expungement laws. Currently, New York has one of the most restrictive expungement and record sealing laws in the country. However, many in New York have been working to make get a bill passed that would help former offenders move past their conviction. Chief Judge Jonathan Lippman is introducing an expungement bill that is greatly needed in New York. Read More