Criminal Defense · Haute Lawyer Network
What Is an Expungement and Can I Get One?
Last reviewed: June 2026
An expungement is a court order that seals, erases, or destroys a criminal record — making it unavailable to most public inquiries and background checks. After expungement, you can generally legally deny that the arrest or conviction occurred in most contexts, and the record will not appear on standard criminal background checks conducted by employers, landlords, or creditors.
Expungement laws vary enormously by state. Some states offer broad eligibility; others limit expungement to arrests without conviction or first-time minor offenses.
Who Typically Qualifies
Arrests that did not result in conviction — expungeable in most states.
First-time offenders — many states offer expungement after completing sentence and probation.
Non-violent misdemeanors — broadly expungeable after a waiting period.
Non-violent felonies — expungeable in some states after a longer waiting period.
Violent offenses and sex offenses — generally not expungeable.
What Expungement Does Not Do
Does not affect immigration status.
Does not apply to all background checks — federal agencies and some licensing boards may still access expunged records.
Does not automatically restore all rights lost through conviction.
Frequently Asked Questions
How long after conviction can I apply?
Waiting periods vary — typically 1 year for misdemeanors to 5-10 years for felonies after completion of sentence and probation.
Does expungement mean the record is destroyed?
Not always. Some states seal the record — making it inaccessible to most but not physically destroying it. Law enforcement may still access sealed records.
Can employers ask about expunged records?
In most states, after expungement you may legally answer "no" on job applications. Positions requiring federal security clearances may require disclosure even of expunged records.
Does an expungement show up on a background check?
For standard employer checks — no. For government agency or FBI checks — depends on the state and type of check.
Do I need an attorney to get an expungement?
Not always, but an attorney significantly increases the likelihood of success and ensures all paperwork is correctly prepared.
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