Criminal Record Expungement and Sealing in the U.S.

Expungement and record sealing are legal mechanisms that limit public access to criminal history records, reducing barriers to employment, housing, and professional licensing that follow a conviction or arrest. These remedies exist under state law in every U.S. jurisdiction, though eligibility criteria, procedural requirements, and legal effects vary substantially across jurisdictions. Federal criminal records are governed by a distinct and more restrictive framework. Understanding the classification boundaries between expungement, sealing, and related relief forms is essential for interpreting what a given state's statute actually provides.

Definition and scope

Expungement, in its strict legal meaning, refers to the destruction or erasure of a criminal record — effectively treating the underlying arrest or conviction as though it did not occur for most legal purposes. Record sealing, by contrast, removes a record from public view but preserves it in a restricted government repository accessible to certain agencies, such as law enforcement, courts, and specified licensing bodies.

The distinction matters because sealed records can resurface. A sealed felony conviction, for example, may still be visible to a prosecutor evaluating a subsequent offense, or to a federal agency conducting a background check under the Immigration and Nationality Act — a point directly relevant to immigration consequences of criminal convictions.

State statutes govern both mechanisms. The National Conference of State Legislatures (NCSL) tracks expungement and sealing laws across all 50 states and the District of Columbia (NCSL Criminal Record Expungement Laws). As of its most recent survey, 45 states permit some form of expungement or sealing for at least misdemeanor offenses. Federal law contains no general expungement statute for adult convictions; the primary federal authority is 18 U.S.C. § 3607, which applies only to certain first-time drug offenders under the Controlled Substances Act, as amended (most recently by a technical corrections act effective December 23, 2024, clarifying definitions within the Act).

A third category — set-aside or dismissal — exists in states such as California (Penal Code § 1203.4) and Arizona (A.R.S. § 13-907). A set-aside does not erase or seal a record; it substitutes a "conviction set aside" notation on the file. The underlying arrest record typically remains accessible.

How it works

The expungement or sealing process follows a structured sequence that varies by jurisdiction but typically includes:

1. Eligibility determination — The petitioner identifies whether the offense type, conviction class, and elapsed time meet statutory thresholds. Violent felonies, sex offenses requiring registry, and offenses involving minors are commonly excluded. See felonies vs. misdemeanors classification for background on offense-class distinctions.
2. Waiting period satisfaction — Most states impose a mandatory waiting period after sentence completion, including any term of probation and parole. Waiting periods range from one year for certain misdemeanors to ten or more years for felonies.
3. Petition filing — The petitioner files in the court of original jurisdiction, typically using a standardized form. Filing fees vary; California's fee is set at $150 under Penal Code § 1203.4, though waivers may apply for indigent petitioners.
4. Notice and prosecutorial review — The court notifies the original prosecuting agency. Prosecutors may object, and a hearing may be scheduled.
5. Judicial review — The court evaluates petition compliance, objections, and, in discretionary states, factors such as rehabilitation evidence and community impact.
6. Order issuance and record update — If granted, the court issues an expungement or sealing order. The petitioner must often separately notify state repositories (e.g., state bureau of investigation) and, in some cases, the FBI's National Crime Information Center (NCIC), maintained by the Federal Bureau of Investigation.

Common scenarios

Arrest without conviction — Records of arrests that did not result in conviction are among the most broadly eligible for relief across states. California's Penal Code § 851.87 creates a presumptive right to seal arrest records where no conviction followed.

Misdemeanor conviction — First-time misdemeanor convictions are eligible for expungement or sealing in the majority of U.S. jurisdictions, typically after a waiting period of one to three years post-sentence completion.

Non-violent felony conviction — Eligibility varies significantly. Michigan's Clean Slate Act (2020) automatically expunges certain non-violent felonies after ten years. Other states require individual petitioning. Drug offenses under U.S. criminal law represent a common category, particularly for possession-level offenses.

Juvenile records — Juvenile adjudications operate under a distinct framework through the juvenile criminal justice system. Most states automatically seal juvenile records at age 18 or upon case closure, though serious offenses (including those tried in adult court) frequently remain accessible.

Federal convictions — No general federal expungement pathway exists for adult convictions. The Second Chance Act of 2007 (Public Law 110-199) funded reentry programs but did not create expungement authority. Individuals seeking federal relief typically pursue a presidential pardon through the Office of the Pardon Attorney, U.S. Department of Justice.

Decision boundaries

Certain offense categories are categorically excluded from expungement or sealing under most state frameworks:

• Sex offenses requiring registration — Convictions that trigger sex offender registry requirements are excluded in the substantial majority of states. The Jacob Wetterling Act and its successor, the Adam Walsh Act (34 U.S.C. § 20901 et seq.), create federal minimum registration standards that state expungement cannot override.
• Violent crimes — Homicide, aggravated assault, and offenses classified as violent crimes under violent crimes criminal classification frameworks are excluded by statute in most jurisdictions.
• Offenses against children — Broadly excluded across states regardless of conviction class.
• Multiple convictions — States that permit felony expungement frequently cap eligibility at one felony or impose a combined limit on total convictions. Michigan's Clean Slate Act, for example, allows expungement of up to three felonies and an unlimited number of misdemeanors, subject to offense-type restrictions (Michigan Compiled Laws § 780.621).

Expungement vs. sealing — key distinction summary:

Automatic expungement — a legislative development in states including Pennsylvania (Clean Slate Act, 2018) and California (AB 1076, 2019) — eliminates the petition requirement for qualifying offenses, triggering record clearance through algorithmic case review rather than individual application.

References

• National Conference of State Legislatures — Expungement, Sealing and Set-Aside of Criminal Records
• U.S. Department of Justice, Office of the Pardon Attorney
• FBI National Crime Information Center (NCIC)
• 18 U.S.C. § 3607 — Special probation and expungement procedures for drug offenders
• 34 U.S.C. § 20901 — Adam Walsh Child Protection and Safety Act
• Second Chance Act of 2007, Public Law 110-199
• Michigan Compiled Laws § 780.621 — Clean Slate Act
• U.S. Citizenship and Immigration Services — Immigration and Nationality Act
• Controlled Substances Act, as amended by technical corrections act (effective December 23, 2024) — correcting definitional errors relevant to drug offense classification under federal law