How Expungement Works to Clear and Seal Criminal Records

70 Million Americans Carry Criminal Records That Follow Them Daily

Approximately 70 million Americans — nearly one in three adults — have some form of criminal record, including arrests that did not result in convictions, according to the National Employment Law Project. Background checks for employment, housing, professional licenses, educational loans, and public benefits routinely flag these records, creating what researchers call "collateral consequences" that extend punishment well beyond the formal sentence. One arrest without a conviction can disqualify an applicant from apartment rentals, nursing licenses, and federal student aid.

Expungement — the legal process of sealing or destroying criminal records — offers relief for eligible individuals by removing records from standard public access. A successfully expunged record typically does not appear on most background checks and, in many states, can be legally denied on most employment applications. The process is not available for all offenses, varies significantly by state, and involves a court proceeding rather than an administrative form.

Expungement vs. Record Sealing: What the Terms Actually Mean

The terms expungement and record sealing are often used interchangeably but have distinct technical meanings in most states. Understanding the difference determines what protections actually apply after a successful petition.

• Expungement: Typically means the records are physically destroyed or returned to the petitioner; the case is treated as if it never occurred for most purposes; the broadest form of relief
• Record sealing: Records are hidden from public view but not destroyed; they remain accessible to certain government agencies (law enforcement, courts for sentencing purposes, some licensing boards) while being invisible on most civilian background checks
• Dismissal vs. expungement: A dismissed charge shows on a background check as "dismissed" unless separately expunged; expungement removes the entire record from the public database
• Conviction expungement vs. arrest record expungement: Many states allow expungement of arrest records that did not result in conviction more readily than expungement of convictions; these are separate processes requiring separate petitions

Typical Eligibility Requirements

Expungement eligibility is determined by state law, and the variation between states is substantial. California allows expungement for most misdemeanor and some felony convictions after probation is completed. Texas allows sealing (called non-disclosure) of many first-offense deferred adjudications but is more restrictive on final convictions. Some states, including Georgia and Mississippi, have historically offered very limited expungement relief for convictions (though Georgia significantly expanded availability in 2021).

The Petition Process

Expungement is a court proceeding, not an automatic administrative process. The petitioner (or their attorney) files a petition with the court that handled the original case, pays a filing fee (typically $100–$400), and in many states must serve copies on the prosecutor's office and relevant law enforcement agencies. The prosecutor may oppose the petition, and the court holds a hearing at which the petitioner typically must demonstrate eligibility and, in some states, that granting expungement is in the interest of justice.

After a successful petition, the court issues an order directing all relevant agencies — the arresting agency, the state criminal record repository, and the court clerk — to seal or destroy the records. This order must be followed up to confirm compliance; state record repositories may take weeks or months to update their files, and court records may be separately maintained from police records.

• Private background check companies are not automatically notified of expungements; individuals who discover expunged records still appearing on a background check should dispute the entry under FCRA procedures
• Federal records are not subject to state expungement orders; federal convictions can only be expunged under federal law (which provides very limited authority)
• FBI National Crime Information Center (NCIC) records require separate notification following state expungement; this does not happen automatically

What Expungement Does Not Cover

Expungement's protections are meaningful but not total. Several categories of entities retain access to expunged records even after a successful petition.

Law enforcement agencies typically retain access to expunged records for investigative purposes. Immigration proceedings treat expunged convictions as convictions for removal purposes — expungement provides no immigration benefit. Federal government employment and many professional licensing applications require disclosure of expunged records. Courts use expunged convictions for sentencing enhancement purposes in subsequent criminal cases in most states.

Automatic Expungement: The Growing Trend

Several states have enacted automatic expungement laws that clear eligible records without requiring individuals to file petitions. Pennsylvania's Clean Slate Act (2018) implemented automatic sealing for certain low-level misdemeanors and summary offenses. Utah, Michigan, and New Jersey have enacted similar automatic expungement laws. These reforms address the gap between the number of people legally eligible for expungement and those who actually obtain it — studies consistently show that only 6–10% of eligible individuals successfully petition for expungement, largely due to lack of awareness, cost, and procedural complexity.

The Second Chance Act and related federal legislative proposals have sought to create federal expungement authority for first-time nonviolent federal offenders, though comprehensive federal legislation had not been enacted as of 2025.

This article is for informational purposes only and does not constitute legal advice.