Expungement Eligibility
Checker
A criminal record can follow you for decades — blocking jobs, housing, and education opportunities even after you've served your time. But many records can be expunged or sealed, and a growing number of states now offer automatic record clearing through clean slate laws. This free tool checks whether your record qualifies for expungement based on your state, offense type, and time elapsed.
Important: This tool provides educational estimates only — not legal advice. Made For Law is not a law firm and is not affiliated with, endorsed by, or connected to any federal, state, county, or local government agency or court system. Calculator results are based on statutory formulas and publicly available fee schedules — not AI. Supporting content is AI-assisted and editorially reviewed. Results may not reflect recent legislative changes or your specific circumstances. Do not rely solely on these estimates — always verify with official sources and consult a licensed attorney before making legal or financial decisions. Full disclaimer
Check Your Eligibility
Answer a few questions about your record to see whether you may qualify for expungement or record sealing in your state.
What Is Expungement?
Expungement is a legal process that erases or seals a criminal record so it no longer appears on standard background checks. Once a record is expunged, you can generally answer “no” when asked about criminal history on job and housing applications.
Record Sealing
The record still exists but is hidden from public view. Law enforcement and certain government agencies may still access sealed records. Most states use this approach for felony expungements.
True Expungement (Destruction)
The record is physically or digitally destroyed. Fewer states offer true expungement — when available, it provides the most complete fresh start. Common for arrests without conviction and juvenile records.
Who qualifies?Eligibility depends on three main factors: the type of offense, how much time has passed since completing your sentence, and whether you've stayed out of trouble since. Most states require a waiting period of 1 to 10 years and a clean record during that time.
Types of Records That Can Be Expunged
Expungement eligibility varies by state, but these categories are the most commonly approved:
Misdemeanor Convictions
Most states allow expungement of misdemeanors after a waiting period (typically 1-5 years). Common eligible offenses include petty theft, disorderly conduct, trespassing, and simple assault. This is the largest category of successful expungements.
Non-Violent Felonies
A growing number of states now allow expungement of non-violent felonies such as drug possession, fraud, and property crimes. Waiting periods are longer (5-10 years), and many states limit the number of felonies that can be expunged.
Arrests Without Conviction
If you were arrested but charges were dropped, dismissed, or you were acquitted, most states allow immediate expungement. Some states (like California) automatically seal arrest records that don't result in conviction.
Juvenile Records
Nearly every state allows sealing or expungement of juvenile records, often automatically when the person turns 18 or 21. Juvenile records are generally the easiest category to expunge, and many states seal them by default.
State Clean Slate Laws
Since Pennsylvania passed the first clean slate law in 2018, a wave of states have adopted automatic expungement legislation. These laws clear eligible records without requiring individuals to file petitions or appear in court.
| State | Law | Type | Waiting Period | Year |
|---|---|---|---|---|
| Pennsylvania | Clean Slate Act (Act 56) | Automatic | 10 years (misdemeanors) | 2018 |
| Michigan | Clean Slate Laws (HB 4980-4985) | Automatic + Petition | 7 years (misdemeanors), 10 years (felonies) | 2020 |
| California | AB 1076 (Automated Relief) | Automatic | Upon completion of sentence | 2019 |
| Utah | Clean Slate Act (HB 431) | Automatic | 5-7 years depending on offense | 2022 |
| New Jersey | Clean Slate Law (A1410) | Automatic + Petition | 10 years (indictable offenses) | 2019 |
| Connecticut | Clean Slate Act (PA 21-32) | Automatic | 7 years (misdemeanors), 10 years (felonies) | 2021 |
| Oklahoma | HB 3316 | Automatic | Varies by offense | 2022 |
| Delaware | SB 111 (Clean Slate Act) | Automatic | 3 years (misdemeanors) | 2021 |
| Virginia | SB 1339 | Automatic + Petition | 7-10 years | 2021 |
| Colorado | HB 22-1314 | Automatic + Petition | Varies by offense class | 2022 |
Clean slate laws as of March 2026. Additional states have pending legislation. Check your state's current statutes for the latest eligibility rules.
The Expungement Process
- 1Check your eligibility.
Review your state's expungement statutes to determine if your offense qualifies. Key factors include the type of offense, time since completion of sentence, and whether you have any subsequent convictions. Use the checker above for an initial assessment.
- 2Obtain your criminal record.
Request a copy of your criminal history from your state's bureau of investigation or the court where your case was adjudicated. You'll need this to identify exact charges, case numbers, and disposition dates for your petition.
- 3File the expungement petition.
Complete your state's expungement petition form and file it with the court that handled your original case. Most states provide standardized forms. Include all required supporting documents such as proof of sentence completion and character references.
- 4Pay the filing fee ($0-$500).
Filing fees range from free (some states waive fees for certain offenses) to $500. Many states offer fee waivers for low-income petitioners. Legal aid organizations and expungement clinics may cover costs for qualifying individuals.
- 5Attend the hearing (if required).
Some states require a hearing where a judge reviews your petition. The prosecutor may support or object. Bring evidence of rehabilitation — employment records, community service, education, and letters of support strengthen your case.
- 6Receive the court order.
If approved, the court issues an expungement order directing relevant agencies to seal or destroy records. This typically takes 30-60 days after the hearing. Keep certified copies of the order for your records.
- 7Notify agencies and verify completion.
The court order is sent to law enforcement agencies, the state repository, and the FBI. Follow up 60-90 days later by running a background check on yourself to confirm records have been removed from commercial databases.
Records That Usually Cannot Be Expunged
Certain offenses are excluded from expungement in virtually every state. Understanding these exclusions can save you time and filing fees:
Sex Offenses
Sex crimes are ineligible for expungement in nearly every state, especially offenses requiring sex offender registration. This includes sexual assault, child exploitation, and indecent exposure in most jurisdictions.
DUI / DWI (Most States)
While a few states allow DUI expungement after long waiting periods, most explicitly exclude drunk driving convictions. This is particularly true for repeat offenses and DUIs involving injury or death.
Violent Felonies
Murder, manslaughter, aggravated assault, robbery, and kidnapping are almost universally ineligible. Some states make narrow exceptions for certain assault charges after extended waiting periods, but this is rare.
Federal Convictions
The federal system has no general expungement statute. Federal convictions cannot be expunged through state courts. Limited relief may be available through presidential pardon or specific federal programs for minor drug offenses.
Why Expungement Matters
A criminal record creates barriers that persist long after the sentence is served. Expungement removes these barriers and restores opportunities:
Employment
Studies show that a criminal record reduces callback rates for job applications by 50%. Expungement allows you to legally answer 'no' on job applications and pass standard background checks, dramatically improving employment prospects.
Housing
Landlords routinely screen tenants using criminal background checks. An expunged record won't appear on these checks, opening access to rental housing, Section 8 vouchers, and other housing programs that screen for criminal history.
Education
Many colleges and universities ask about criminal history on applications. An expunged record removes this barrier and may restore eligibility for federal financial aid, scholarships, and student housing.
Professional Licenses
Nursing, teaching, law, real estate, and dozens of other professions require background checks for licensing. Expungement can restore eligibility for professional licenses that would otherwise be denied due to criminal history.
Frequently Asked Questions
Edited and reviewed by our editorial team. Answers are general information — not legal advice.
What records can be expunged?
Most states allow expungement of misdemeanor convictions, non-violent felonies, arrests that didn't lead to conviction, and juvenile records. Eligibility depends on the offense type, how much time has passed, and whether you've completed your sentence. Drug possession charges, minor theft, and disorderly conduct are among the most commonly expunged offenses.
How long does expungement take?
The expungement process typically takes 3 to 6 months from filing to court order, though it can vary by jurisdiction. Simple cases with no objections may resolve in 6-8 weeks, while contested petitions or states with backlogs can take 9-12 months. Automatic expungement under clean slate laws may take 1-2 years to process through the system.
Does expungement remove everything?
Expungement seals or destroys court records so they don't appear on standard background checks. However, law enforcement and certain government agencies may still access sealed records. Federal databases like the FBI's NCIC may retain records even after state-level expungement. The level of removal varies — some states destroy records entirely, while others seal them from public view.
Can employers see expunged records?
In most states, employers cannot see expunged records on standard background checks, and you can legally answer 'no' when asked about criminal history on job applications. However, certain employers — law enforcement agencies, schools, healthcare facilities, and government positions requiring security clearances — may still access sealed records in some states.
How much does expungement cost?
Expungement costs range from $0 to $500+ depending on the state and complexity. Court filing fees typically run $50-$400. Attorney fees add $500-$2,500 for straightforward cases. Many states offer fee waivers for low-income petitioners, and legal aid organizations provide free expungement clinics. Some clean slate states process automatic expungements at no cost to the individual.
Can I expunge a felony?
Many states allow expungement of certain non-violent felony convictions after a waiting period (typically 5-10 years). Drug possession, theft under a certain dollar amount, and fraud are commonly eligible. However, violent felonies, sex offenses, and crimes against children are almost universally ineligible. Some states have expanded felony expungement through recent clean slate legislation.
Do I need a lawyer for expungement?
You're not legally required to hire a lawyer for expungement — many people successfully file pro se (on their own). However, an attorney can help navigate complex eligibility rules, ensure paperwork is complete, and represent you at hearings if the prosecutor objects. Legal aid organizations and law school clinics often provide free or low-cost expungement assistance.
Related Legal Tools
Check your expungement eligibility.
Free. No signup. State-specific eligibility in minutes.
Open the checkerLegal professional? Embed this tool on your website →
Related Criminal Defense Calculators
Before filing, check court filing fees by state →