If you have a criminal record, you probably already know that it can create trouble for you. Maybe an employer or landlord has asked whether you’ve ever been convicted of -- or even arrested for -- a criminal offense. Perhaps your answer has taken you out of the running for a job or an apartment. In these and other ways, a criminal record for even a minor offense can wreak havoc in your life. The good news is that, in some cases -- depending on the specifics of your record and on the state in which you reside -- you may be able to clean up your criminal record through a process called "expungement" or, in some states, "expunction."
This article concerns adult criminal records. If you are interested in sealing a juvenile court record, see expunging or Sealing a Juvenile Court Record.
What Is Expungement?
Expungement refers to the process of destroying, erasing, or sealing arrest or conviction records. Almost every state has enacted laws that allow people to expunge arrests, and often convictions, from their records. Though the details vary from one state to the next, most states' laws provide that once an arrest or conviction has been expunged, it need not be disclosed, including to most potential employers, or landlords. For example, let's say that you were convicted of petty theft and later had the conviction expunged, and that this was your only brush with the criminal justice system. If you apply for a job and the application asks, "Have you ever been convicted of a criminal offense?" you can legally answer, "No."
Although expunging or sealing a criminal record has many benefits, in some situations your criminal record will live on. You can learn about the limited situations in which a sealed or expunged record may still be used against you in The Limits of Expunging Your Criminal Record.
Is Your Record Eligible for Expungement?
Because an expungement offers a fresh start of sorts, one of the most important actions you can take is to find out whether your record qualifies. A few states have very strict laws and rarely allow expungement of accurate arrest or conviction records, but most have expungement procedures that depend on the following factors:
• whether you were actually convicted of a crime
• if you were convicted, the severity of the crime
• how long it has been since you were arrested or convicted
• whether you have successfully completed the terms your sentence, probation, or diversion program, and
• whether you have been convicted of other crimes in the past.
No matter where you live, it is unlikely that you will be able expunge a very serious crime, such as a violent felony or a sex offense.
Applying for Expungement
If your criminal record is eligible for expungement, you may not need to hire an attorney to complete the process. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free. (That said, you must usually pay a fee at the time you file your paperwork with the court.) In more complex situations, you will need the assistance of a qualified criminal law attorney.
Expungement Laws by State
To learn more about expunging criminal records, read the overview for your state below. Follow the link to the state article itself, to learn whether you can expunge an arrest or conviction record where you live, and for tips on getting started.