We all make mistakes. Some just end up on paper and follow us around for years. Criminal records make life harder, job hunting, apartment searching, loan applications, you name it.
But expungement offers a second chance. It’s a legal process that can erase or seal certain offenses from your record. Not many people know about it, and even fewer understand how to do it right.
Let’s walk through the steps to clear your record and move on with your life.
Table of Contents
Get Your Complete Criminal Record First
You can’t clear what you don’t know about. Start by getting your full criminal history. This means every arrest, charge, and conviction on your record.
Most states let you request this from the state police or bureau of investigation. Some charge a small fee, usually $20-40. Fingerprinting might be required too. Get the official version, don’t rely on what you remember or think is on there.
The report shows exactly what potential employers, landlords, and others see when they run a background check on you. Sometimes you’ll find mistakes or things you didn’t know were there.
Better to discover these now rather than halfway through the expungement process.
Find Out Which Charges Can Be Expunged
Not everything can be wiped away. Each state has different rules about what qualifies for expungement. Generally:
Some convictions can never be expunged in certain states, like sexual offenses, major felonies, or DUIs. This is where an expungement attorney really helps; they know exactly what can and can’t be cleared in your state. They’ll save you time trying to expunge something that isn’t eligible.
Wait the Required Time Before Filing
Patience matters here. Most states make you wait a specific period before applying for expungement. The clock usually starts after you’ve completed your sentence, including:
Waiting periods vary widely – from 1 to 10 years depending on the offense and your state. Some places have shorter waits for misdemeanors (maybe 3 years) and longer for felonies (5+ years). Filing too early just wastes your time and money.
Gather All the Paperwork You’ll Need
The paperwork feels endless, but stay organized. You’ll typically need:
Make copies of everything. Courts sometimes lose documents, and you don’t want to start over. Keep the originals in a safe place and submit copies with your petition unless originals are specifically required.
File Your Petition in the Right Court
File in the same court where your case was originally handled. This means if you have charges in different counties, you might need to file multiple petitions in different courthouses.
Filing fees range from $100-400 depending on your location. Some courts offer fee waivers if you can’t afford it – ask the clerk about this option if needed.
Make sure your forms are complete and accurate. Even small errors can cause delays or denials. The court clerk can check if your paperwork is complete but can’t give legal advice about how to fill it out.
Prepare for Your Hearing if One’s Required
Some jurisdictions decide expungements just based on your paperwork. Others require a hearing where you appear before a judge. If you need a hearing:
The prosecutor might object to your expungement request. The judge weighs your rehabilitation efforts against public safety concerns. Be honest about your progress since the conviction.
Follow Up When the Court Makes a Decision
Courts move slowly. Expect to wait weeks or months for a decision. If approved, the court sends orders to agencies that have your records.
Don’t assume everything happens automatically. Follow up with the court clerk if you haven’t heard anything after a few months. Get copies of the expungement order – you might need them later if problems arise.
Check That Your Record Really Got Cleared
Even after approval, records sometimes slip through the cracks. Wait about three months, then request a new background check on yourself. This verifies that the expungement actually happened.
If you find expunged items still showing up, contact the court with copies of your expungement order. They’ll send correction notices to the agencies that didn’t update their records.
Some private background check companies use outdated information. If an employer or landlord denies you based on expunged records, provide them with your expungement order.
