Clearing an old record: expunging or sealing

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Why clear a record

Old arrests and convictions can block jobs, housing, licenses and loans. Clearing them can open doors.

Expunging vs sealing

• Expungement usually means the record is erased or destroyed, or treated as if it never happened.
• Sealing usually means it’s hidden from the public and most employers, though some agencies can still see it.

Terms and effects vary by state.

Who qualifies

Rules depend on your state, but often:

• The type of offense (many violent and sex offenses are excluded).
• A waiting period after your sentence ends.
• No new convictions.
• All fines, fees and probation completed.

Arrests that didn’t lead to a conviction, and dismissed cases, are often easier to clear.

Clean slate laws

A growing number of states automatically seal certain old records. Check whether yours qualifies or was already sealed.

The process

1. Get copies of your records from the court and state. 2. Fill out your state’s petition forms. 3. File with the court; ask about fee waivers. 4. The prosecutor may respond, and a judge may hold a hearing.

Free help

Legal aid organizations and record-clearing clinics often help for free.

Afterward

In many states you can then legally say you weren’t convicted on most job applications, with exceptions for some jobs. Ask private background check companies to update their records.