If an old record keeps closing doors on jobs and housing, you may have options. How to expunge a criminal record: check your state’s eligibility rules, wait out any required period, then petition the court that handled your case.
This guide is part of our wider coverage of prison reentry, and it explains the general process rather than the rules of any single state.
| Item | Value |
|---|---|
| Adults with a criminal record of some kind | About one in three |
| Federal convictions | Can’t be expunged |
| Typical petition filing cost | $100 to $600 |
| Typical time for the sealing or expungement process | 1 to 6 months |
| Typical minimum wait in most states | At least 3 years after the case concludes |
These figures come from Checkr’s expungement guide (dated September 18, 2025) and DeleteMe’s guide to clearing a record. Costs, waiting periods and eligibility can change, so check the source and your local court before you rely on them.
What is the difference between expungement and sealing?
Expungement is the legal process of removing or sealing a criminal record. Sealing means the record still exists but is inaccessible to the public and can only be disclosed with a court order, according to Checkr’s guide. Some jurisdictions destroy expunged records instead.
The words are not used the same way everywhere. DeleteMe describes expungement as removing arrests and convictions as if they never happened, while a California law firm’s explainer says an expungement order “does not erase history completely, but it limits how criminal records appear during a case search.” A Philadelphia Inquirer explainer, published January 29, 2021, notes that in New Jersey expunging a record does not mean it is destroyed.
So before you start, find out what your state’s version of relief actually does. The name on the form matters less than the legal effect.
Who can expunge a criminal record
Each state sets its own laws, so eligibility depends on where the conviction happened. Federal convictions can’t be expunged, according to Checkr’s guide, and a state-by-state guide on prisonist.org says there is no standard system for federal offenses.
Most states look at the same few factors:
- Type of offense: which offenses are eligible and which are excluded.
- Waiting period: a set time that typically begins once every term of the sentence, including probation or parole, is complete.
- Clean record: many states require no additional arrests or convictions after the original offense.
- Money owed: fines, fees and restitution must be paid before you seek an expungement.
DeleteMe says violent offenses, homicides, sexual offenses, DUIs and fraud offenses are not typically eligible. That is a general pattern, not a rule for every state, so confirm with your local courthouse or a lawyer.
The steps, from record request to filing
Checkr and DeleteMe describe a similar path. Details change by county, so treat this as a map rather than a checklist for your court.
- Get your full criminal record. It should show the offenses, the court for each conviction and the date of each one. You may need to attach a copy to your application.
- Check eligibility. Compare your state’s offense list, waiting period and clean-record rules with your own history.
- Research local procedure. Counties can often set their own procedures, so one may require an in-person petition while another offers an online process.
- Consider legal help. A lawyer is not required, but if hiring one isn’t feasible, Checkr suggests looking for free or low-cost legal aid.
- File the petition. Petitions generally must be filed in the court where your case was first handled, along with any filing fee.
- Attend a hearing if asked. DeleteMe says you might have to appear if, for example, the state’s attorney objects to your petition.
Accuracy matters at the filing stage. Checkr warns that any errors on your petition form could result in delays or even denial, so work from your record rather than from memory.
How long it takes and what it costs
There is no single timeline. DeleteMe says that in most states you have to wait at least 3 years after the case concludes before filing, although the wait can be shorter or longer depending on your case and your state’s law.
Once you file, the sealing or expungement process itself can take anywhere from 1 to 6 months, according to the same guide. It also puts the usual filing cost between $100 and $600, and Checkr notes that costs vary by county. Ask the clerk’s office for the current fee schedule, and ask whether a fee waiver exists if the cost is out of reach.
How much the rules differ by state
The same record can be treated very differently depending on the state. The examples below are only illustrations from the sources, and each carries its own date.
- Alabama: the prisonist.org state guide, citing a Thomson Reuters summary from November 2024, lists an application window that opens 90 days after a dismissal, no-bill or not-guilty verdict.
- Alaska: the same guide says Alaska lacks general expungement statutes.
- Colorado: waiting periods run from 1 year for petty offenses to 5 years for all other offenses, according to that guide.
- New Jersey: according to the Inquirer’s report, a waiting period applies from your most recent offense if your record holds both indictable and disorderly persons convictions, and a “clean slate” expungement can cover an entire record after a longer wait.
Laws in every state can change after those dates. Use these examples to see why a general guide can’t tell you your own answer, and look up your state’s current statute or ask a legal aid office.
What can still show up afterward
After an expungement, the record typically won’t show up in most background checks run by a consumer reporting agency for employment, housing or other purposes, according to Checkr. That is not the same as vanishing everywhere.
- Law enforcement and certain government agencies may still access records during investigations or proceedings, according to the California law firm’s explainer.
- In New Jersey, as of the Inquirer’s January 2021 report, agencies not affiliated with law enforcement, such as the state Department of Insurance, don’t have to update their records.
- DeleteMe says data brokers could still hold the information even after a record is cleared, so it suggests checking what remains online.
Once the order is in hand, it helps to keep a copy and know exactly what it covers. If you are still sorting out where to live, you can read about what is a halfway house as one housing option after release. Coverage is another early question, and we explain health insurance after release from prison separately.
This page is general education, not legal advice. A local attorney or legal aid office can tell you how the rules apply to your case.
Frequently asked questions
Can a federal conviction be expunged?
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Checkr’s guide, dated September 18, 2025, says federal convictions can’t be expunged. The prisonist.org guide also says there is no standard system for expungement of federal offenses. Ask a lawyer or legal aid office about other options.
How long does expungement take?
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DeleteMe says the process itself can take anywhere from 1 to 6 months, with no set timeline. The waiting period before you can file is separate and depends on your state.
Do you need a lawyer to expunge a record?
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Not required, according to Checkr, though an attorney can be a valuable source of support. If you can’t hire one, it suggests searching for free or low-cost legal aid in your area.
Will an expunged record disappear from every background check?
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Not necessarily. Checkr says it typically won’t show up in most consumer reporting agency checks, but law enforcement and some agencies may still have access, and data brokers may still hold copies.
