Expungement and Record Sealing: The Basics

Many people use the word "expungement" for any way of limiting who can see an old record. The words are not used the same way everywhere. In some states, sealing hides a record from most public searches but keeps it in the court file. Expungement may mean the record is destroyed or treated as if it never existed, but that also depends on state law. This page explains the general ideas and the questions to answer before you act.

What the terms usually mean

Sealing usually means a court order that closes a record to the public. Certain authorized agencies, such as law enforcement or some licensing boards, may still be able to see it, depending on the state.

Expungement usually means a court order that removes the record from official files, or at least from most of them. The exact effect is written into the state's statute and into the court's order, so read the order itself rather than relying on the name of the process.

Some states also use other terms, such as "record clearance," "set aside," or "dismissal and sealing." When you read a statute, look for the definitions section first. It often explains what the word means in that state.

Why the rules differ by state

Each state decides which offenses can be cleared, how long a person must wait, and whether a conviction must be fully completed first. Completion usually means that fines, restitution, probation, and other conditions are finished. Some states also ask whether arrests that never led to charges can be cleared, and some limit how many records a person can clear over a lifetime. Certain serious offenses may be excluded from the process altogether.

Federal criminal cases follow federal law, which is a separate system from state law. The federal courts describe their case types, including criminal cases, on their own website. If your case was in federal court, the rules are not the same as for a state case, and the questions below still apply.

What a relief order may not do

An order may not erase every trace of a case. Some agencies, licensing boards, courts, or government employers may still have access to certain information. Private background check companies may keep their own copies. Removing copies from private websites is a separate matter that a court order does not control.

The effect on housing, jobs, or professional licenses depends on the law that applies to each situation. For that reason, no one can promise a particular result. A sealed or expunged record also does not change what happened in the case. When a job or landlord application asks about your history, the wording of the question and your state's law decide how to answer. This is a good question to bring to a lawyer before you respond.

Questions to answer before you file

• Which court handled the case, and in which county?
• Was the outcome a conviction, a dismissal, an acquittal, or only an arrest?
• Are fines, restitution, probation, or other conditions finished?
• Is there a waiting period, and when does it start?
• Do you have any other open cases that could affect eligibility?
• Is there a filing fee, and can it be waived if money is tight?

Write your answers down before you go to the clerk. Keeping track of dates, case numbers, and receipts from the start makes the process easier to manage.

Where to find the rules for your state

Start with the court clerk's office in the county where the case was decided. Many clerks can explain the forms and filing steps, though they cannot tell you whether you qualify. The state court system's website usually publishes self-help forms and instructions. The federal court pages cover federal cases only.

Free or low-cost help can come from legal aid programs. The Legal Services Corporation's legal aid finder lets you enter an address or city to find an LSC-funded program near you. Those programs focus on civil legal problems, so ask directly whether they can advise on a criminal record matter.

When to talk to a lawyer

Filing for record relief can involve forms, hearings, deadlines, and sometimes a judge's discretion. A criminal defense lawyer who practices in your state can explain whether your record may qualify and what the process looks like in your county. Our criminal defense practice page lists criminal defense lawyers by city.

Common mistakes to avoid

• Assuming a record is cleared automatically once a waiting period passes.
• Missing a filing deadline or a required hearing.
• Leaving a case out of the petition, which can cause problems later.
• Ignoring a court order that remains in effect while a petition is pending.
• Guessing how to answer an application question instead of checking the law.

Frequently asked questions

Is sealing the same as expungement? Not always. The words are used differently in different states. Read your state's statute and your court order to see what actually happens to the record.

Will an expunged record disappear everywhere? Not necessarily. Some agencies may keep access, and private data companies may have copies. Ask a lawyer what the order covers and what it does not.

Can I apply for relief on my own? Many people do, using court forms and help from the clerk. A lawyer or legal aid program can help you decide whether to apply and how to present the request.

What if my case was in federal court? Federal relief follows different rules than state relief. Ask a lawyer who handles federal criminal matters.

General information, not legal advice. Laws change and every case is different. Talk to a licensed attorney in your state about your situation.