LIVE NOW — FREE 24/7 LEGAL HOTLINE

Expungement

A criminal record follows people into jobs, housing, loans and professional licenses long after any sentence ends. Most states offer some route to clearing it — expungement, sealing, set-aside or a certificate of relief — and a growing number now clear eligible records automatically. Eligibility, waiting periods and effect differ profoundly between states. Every state writes its own rules here, so the answer always begins with which state you are in. Call 1-844-690-0555 free, any hour — and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.

Call now — 1-844-690-0555

Free legal information, 24/7. Speak to a real lawyer about your situation, any time.

Expungement at a glance

Expungement vs sealing

Expungement generally destroys or erases the record; sealing hides it from public view but keeps it for some agencies

Arrests without conviction are easiest

Dismissals, acquittals and no-file decisions are the most commonly clearable

Waiting periods apply

Usually running from completion of the sentence, including probation and payment of fines

Clean slate laws are spreading

Several states now clear eligible records automatically without an application

Some records never clear

Serious violent and sexual offences are typically excluded everywhere

What can usually be cleared

The strongest candidates are arrests that never led to conviction — charges dismissed, cases declined by the prosecutor, acquittals — which many states clear on a short timeline or automatically. Next are misdemeanors and lower-level felonies after a waiting period measured from the completion of the whole sentence, including probation, restitution and fines, which is why unpaid court debt quietly blocks a great many applications. Diversion and deferred adjudication programs often end in dismissal and eligibility for clearing. Serious violent offences, sex offences and, in many states, driving under the influence are commonly excluded. Talk it through with a lawyer now →

How the process runs

In most states you petition the court that handled the case, attaching your record and documentation that the sentence was completed, and the prosecutor may object. Some states hold a hearing and weigh rehabilitation, employment and the time since the offence. Fees apply and waivers are often available. Where clean slate laws exist, eligible records are cleared automatically — but automatic does not mean instant or perfect, and it is worth checking your own record rather than assuming it has happened. Talk it through with a lawyer now →

What a cleared record still means

Clearing does not always mean invisible to everyone. Sealed records typically remain available to law enforcement, courts and some licensing bodies, and can be considered in later sentencing. Certain employers — in law enforcement, childcare, healthcare, finance and government security roles — may still see them, and immigration authorities generally treat a conviction as a conviction even after state expungement, which is a critical point for non-citizens. Commercial background check companies also keep stale data: after clearing, pull your own reports and demand corrections. Talk it through with a lawyer now →

Clearing your record, step by step

Get your own complete criminal history firstPeople are routinely wrong about what their record actually says.

Check your state's eligibility rules and waiting periodsAnd clear any outstanding fines, which commonly block applications.

Petition, then verify the private databases updatedBackground check companies keep stale data. Call 1-844-690-0555 free, any hour — and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.

Expungement — your questions answered

Can I say I have never been convicted after expungement?

In most states, for most purposes, yes — that is the point of it, and many states expressly permit you to deny the arrest or conviction on job applications. But the exceptions matter: applications for law enforcement roles, some professional licenses, and firearms may require disclosure, and lying on those is its own offence. Check the specific wording of the question and your state's rule.

Does expungement help with immigration?

Usually not. Federal immigration law generally treats a conviction as a conviction even after a state has expunged, sealed or set it aside, because the state's rehabilitation label does not control federal consequences. For a non-citizen, this is one of the most important and least known facts in the area, and it deserves advice from someone who does immigration work before relying on a clearing.

How long do I have to wait?

It depends entirely on the state and the offence, and the clock usually starts when the entire sentence is complete — including probation, community service, restitution and fines — rather than at conviction or release. Unpaid court debt is the single most common reason people find they are not yet eligible, so clearing that is often the first practical step.

Not sure where you stand? Find out in minutes.

Call the free hotline any time. We'll help you understand your options and, if you need one, connect you with a lawyer — anywhere in Australia, usually within the hour.