Expungement in the United States: What It Is, Who Qualifies, and How It Works

Expungement is a court process that clears or seals a criminal record so it no longer appears in most background checks. Record relief is governed almost entirely by state law, and nearly every state uses a different term and different rules. Federal expungement exists only in narrow circumstances under 18 U.S.C. § 3607(c).

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article addresses criminal record relief under United States federal law and the general framework across all 50 states and the District of Columbia, as of May 29, 2026. It explains the national framework and the terminology that varies by state; it does not provide the full eligibility rules for any single state. For offense-specific detail, see DUI expungement by state and how long a felony stays on your record.

If you are trying to clear a record, start by confirming whether criminal records are public in your state, then identify which form of relief your state offers.

Expungement Laws by State: Quick Comparison

Record relief is governed by state law, and the terminology and rules vary widely. The table below summarizes what each state calls the process, the primary governing statute, and whether the state offers automatic clearing without a petition. Select a state for its full eligibility rules, waiting periods, and process.

State	What It Is Called	Primary Statute	Automatic Clearing?
Alabama	Expungement	Ala. Code § 15-27-1	No
Alaska	Set-aside (no expungement)	AS 12.55.085; AS 12.62.180	No
Arizona	Set-aside, sealing, MJ expungement	A.R.S. § 13-911	No
Arkansas	Sealing	A.C.A. § 16-90-1401	Pardons only
California	Dismissal / conviction relief	Penal Code §§ 1203.4, 1203.425	Yes (2024)
Colorado	Sealing	C.R.S. § 24-72-701	Yes (2022)
Connecticut	Erasure / absolute pardon	Conn. Gen. Stat. §§ 54-142a, 54-142u	Yes
Delaware	Expungement	11 Del. C. §§ 4373, 4373A	Yes (2024)
Florida	Expunge / seal	Fla. Stat. §§ 943.0585, 943.059	Partial
Georgia	Record restriction	O.C.G.A. § 35-3-37	Partial
Hawaii	Expungement	Haw. Rev. Stat. § 831-3.2	Partial (2026)
Idaho	Set-aside (no expungement)	Idaho Code § 19-2604	No
Illinois	Expungement / sealing	20 ILCS 2630/5.2	Coming (2029)
Indiana	Expungement (Second Chance)	Ind. Code § 35-38-9	No
Iowa	Expungement	Iowa Code § 901C.2	No
Kansas	Expungement	K.S.A. 21-6614	No
Kentucky	Expungement	KRS 431.073, 431.078	Partial
Louisiana	Expungement	C.Cr.P. arts. 976-978	Yes (2025)
Maine	Sealing (no expungement)	15 M.R.S. § 2261	No
Maryland	Expungement / shielding	Crim. Proc. §§ 10-105, 10-110	Partial
Massachusetts	Sealing / expungement	M.G.L. c. 276, §§ 100A, 100E	Partial
Michigan	Set-aside	MCL 780.621, 780.621g	Yes (2023)
Minnesota	Expungement	Minn. Stat. §§ 609A.02, 609A.015	Yes (2025)
Mississippi	Expunction	Miss. Code § 99-19-71	No
Missouri	Expungement	Mo. Rev. Stat. § 610.140	No
Montana	Expungement (misdemeanor only)	Mont. Code Ann. § 46-18-1101	No
Nebraska	Set-aside / sealing	Neb. Rev. Stat. §§ 29-2264, 29-3523	Partial
Nevada	Sealing	NRS 179.245	Partial
New Hampshire	Annulment	RSA 651:5	Partial
New Jersey	Expungement	N.J.S.A. 2C:52	Yes
New Mexico	Expungement	NMSA § 29-3A-1	Partial
New York	Sealing	CPL §§ 160.59, 160.57	Yes (2024)
North Carolina	Expunction	G.S. §§ 15A-145.5, 15A-146	Partial
North Dakota	Sealing	N.D.C.C. ch. 12-60.1	No
Ohio	Sealing / expungement	ORC § 2953.32	No
Oklahoma	Expungement	22 O.S. § 18	Coming (2027)
Oregon	Set-aside	ORS 137.225	No
Pennsylvania	Expungement / sealing	18 Pa.C.S. §§ 9122, 9122.2	Yes (2018)
Rhode Island	Expungement	R.I. Gen. Laws § 12-1.3-1	Partial
South Carolina	Expungement	S.C. Code § 17-22-910	Partial
South Dakota	Expungement (arrests) / SIS	SDCL §§ 23A-3-27, 23A-27-13	No
Tennessee	Expungement	T.C.A. § 40-32-101	Partial
Texas	Expunction / nondisclosure	C.Cr.P. ch. 55A; Gov. Code ch. 411	Partial
Utah	Expungement	Utah Code § 77-40a	Yes (2026)
Vermont	Sealing / expungement	13 V.S.A. § 7602	Partial
Virginia	Expungement / sealing	Va. Code §§ 19.2-392.2, 19.2-392.6	Coming (2026)
Washington	Vacating	RCW 9.94A.640, 9.96.060	No
West Virginia	Expungement	W. Va. Code § 61-11-26	No
Wisconsin	Expungement	Wis. Stat. § 973.015	No
Wyoming	Expungement	Wyo. Stat. § 7-13-1501	No
District of Columbia	Sealing / expungement	D.C. Code § 16-801	Yes (2027)

What Expungement Is, and What It Is Not

Expungement is a judicial order that destroys or seals a criminal record so that, for most legal purposes, the conviction or arrest is treated as though it did not occur. It is not the same as a pardon. The Supreme Court recognized in Burdick v. United States, 236 U.S. 79 (1915), that a pardon carries an imputation of guilt and does not erase the underlying record. States use at least five distinct legal mechanisms for clearing records: true expungement, sealing, set-aside or vacatur, certificate of relief, and pardon. The same practical relief carries different labels by jurisdiction. Michigan calls the process a "set-aside" under Mich. Comp. Laws § 780.621. California uses "dismissal" and "conviction relief" under Penal Code §§ 1203.4 and 1203.425. The California Courts self-help portal states plainly that "although true expungement does not exist in California, there may be options to clean your record." New York and Pennsylvania use "sealing."

These five mechanisms differ in what actually happens to the record and who can still see it:

• Expungement destroys the record or orders its return to the petitioner, so it is treated as if it never existed for most purposes.
• Sealing keeps the record in existence but removes it from public access; law enforcement, courts, and certain licensing agencies can still view it.
• Set-aside or vacatur vacates the conviction by court order, though the record of the arrest and proceedings usually still exists.
• Certificate of relief or rehabilitation is a judicial or executive certificate that reduces collateral consequences without erasing the record.
• Pardon is an executive act of forgiveness that does not erase the record or, by itself, restore every civil right.

Because the labels carry different legal effects, the term a state uses controls the answer to practical questions, including how to respond when an employer asks whether you have ever been convicted of a crime.

Is There a Federal Expungement Law?

There is no general federal expungement statute. The Department of Justice Office of the Pardon Attorney states that "expungement is a judicial remedy that is rarely granted by the court and cannot be granted within the Department of Justice or by the President." Only two narrow statutory exceptions exist at the federal level. First, 18 U.S.C. § 3607(c) requires a federal court to enter an expungement order for a qualifying first-offense simple drug possession by a person who was under 21 at the time of the offense; the statute directs that "the court shall enter an expungement order upon the application of such person." Second, 21 U.S.C. § 844a, which governs civil penalties for simple possession, provides that a person who completes that process "shall not be held thereafter under any provision of law to be guilty of perjury" for failing to acknowledge the proceeding.

Outside those provisions, federal courts have very limited power to expunge. Multiple federal circuits have relied on the ancillary-jurisdiction analysis in Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375 (1994), to reject the argument that a federal court may expunge a record purely on equitable or policy grounds, reasoning that the authority must be grounded in a statute. Broader federal legislation has been introduced repeatedly, most recently as the Clean Slate Act bills in the 119th Congress (2025), but no version had been enacted as of May 2026.

A federal pardon does not fill this gap. A 2006 Department of Justice Office of Legal Counsel opinion concluded that "a pardon does not by its own force expunge judicial or administrative records of the conviction." Older federal youth-offender expungement practice, described in the DOJ Justice Manual at Criminal Resource Manual § 1869, rested on the Federal Youth Corrections Act, which Congress repealed in 1984 and which is therefore historical background rather than current law.

Expungement vs. Sealing vs. Set-Aside: Why the Terminology Matters

The label a state uses for record relief determines both the legal effect and who can see the record afterward. True expungement, as Texas describes it for an expunction under Code of Criminal Procedure Chapter 55A, physically destroys the records or orders their return. Sealing, by contrast, makes the record inaccessible to the public and most employers while leaving it visible to law enforcement, courts, and certain licensing boards. Texas draws this line directly: its expunction process destroys the record, while an order of nondisclosure under Government Code Chapter 411, Subchapter E-1, only seals the offense from public view, and several agencies, including law enforcement, retain access. Michigan uses "set-aside" under Mich. Comp. Laws § 780.621, which vacates the conviction but does not destroy the underlying record. California uses "dismissal" and "conviction relief" under Penal Code §§ 1203.4 and 1203.425, and the state does not use the word "expungement" in its statutes.

This terminology discipline has real consequences. When a job or housing application asks whether you have been "convicted" of a crime, the correct answer depends on the exact form of relief your state granted, not on the colloquial word "expunged." A sealed record still exists and remains visible to some government agencies; a set-aside vacates the conviction but leaves a record of the proceedings; a true expunction may allow you to answer that no such record exists. Texas is a useful illustration because it offers both expunction and nondisclosure with different eligibility rules, so two people in the same state can end up with very different rights depending on which remedy they received.

Watch out: Do not assume "expunged" means the same thing nationwide. Read the specific statute your relief was granted under, and consult an attorney licensed in your state before answering questions about your record on an application.

The Clean Slate Wave: States with Automatic Record Clearing

Since 2018, a growing group of states has enacted automatic record-clearing laws that seal or set aside eligible records without requiring the individual to file a petition. Pennsylvania led with its Clean Slate Act (18 Pa.C.S. § 9122.2; Act 56 of 2018, effective June 28, 2018), the first automatic-sealing law in the nation. Michigan followed with a package of Clean Slate bills (Mich. Comp. Laws § 780.621g; Public Acts 187 and 193 of 2020, effective April 11, 2021) that added automatic set-aside on top of its existing petition process. New Jersey enacted automatic clean-slate relief under P.L. 2019, c. 269 (N.J.S.A. 2C:52, effective October 1, 2020) and directed the state to build an automated clearing system. Colorado created automatic sealing under SB 22-099 (C.R.S. §§ 24-72-701 et seq., effective August 10, 2022). Minnesota expanded automatic expungement under Minn. Stat. § 609A.015 (Laws 2023, ch. 52). New York enacted automatic sealing under N.Y. Criminal Procedure Law § 160.57 (Laws 2023, ch. 820, effective November 16, 2024) and made any waiver of sealing rights void and unenforceable. Connecticut enacted automatic erasure under Conn. Gen. Stat. § 54-142u (Public Act 21-32, effective July 1, 2021). California's automatic conviction-relief process under Penal Code § 1203.425 took effect October 1, 2024. Virginia Code § 19.2-392.6 takes effect July 1, 2026, and will require automatic sealing of eligible misdemeanor convictions once seven years have passed since the date of conviction.

State	Statute	Mechanism (state's term)	Effective	Notes
Pennsylvania	18 Pa.C.S. § 9122.2	Automatic sealing	June 28, 2018	First automatic-sealing law in the nation
New Jersey	N.J.S.A. 2C:52 (P.L. 2019, c. 269)	Clean-slate relief	Oct 1, 2020	Directed an automated clearing system
Michigan	Mich. Comp. Laws § 780.621g	Automatic set-aside	Apr 11, 2021	Set-aside, not expungement
Connecticut	Conn. Gen. Stat. § 54-142u	Automatic erasure	July 1, 2021	Includes certain cannabis records
Colorado	C.R.S. §§ 24-72-701 et seq.	Automatic sealing	Aug 10, 2022	Sealing, not expungement
Minnesota	Minn. Stat. § 609A.015	Automatic expungement	2023	Expanded low-level eligibility
California	Cal. Penal Code § 1203.425	Automatic conviction relief	Oct 1, 2024	"Relief"/"dismissal," not expungement
New York	N.Y. CPL § 160.57	Automatic sealing	Nov 16, 2024	Waiver of sealing is void
Virginia	Va. Code § 19.2-392.6	Automatic sealing	July 1, 2026	Takes effect on this future date

Utah also expanded record-clearing eligibility under Utah Code § 77-40a-201 (H.B. 431, 2019), though its pathway is primarily petition-based, and the precise scope of any automatic clearing should be confirmed against the current statute.

Who Is Eligible: General Patterns, Waiting Periods, and Offense Exclusions

Eligibility for expungement or sealing varies widely by state, but most states share a common framework: a required waiting period after conviction or completion of the sentence, a clean record during that waiting period, and a list of offenses that are categorically excluded. Waiting periods range from immediately after a dismissed charge to ten years or more for felonies. The most common categorical exclusions across states include violent felonies, sex offenses that require registration, crimes against children, homicide, and offenses that carry a possible life sentence. DUI and drug offenses fall in the middle: some states allow relief for a first DUI or simple possession after a waiting period, while others exclude them.

Arrests and dismissed charges are generally the easiest records to clear, because no conviction resulted. Misdemeanor convictions usually carry shorter waiting periods than felonies. Felony relief presents the highest bar; many states allow sealing or set-aside of lower-level, nonviolent felonies after an extended waiting period while prohibiting relief for serious or violent felonies. The number of prior convictions also matters: many states limit relief to people with a small number of convictions, and some count any new conviction during the waiting period as a reset.

Because the offense lists and waiting periods are state-specific, use the framework here as orientation only. For two of the most common scenarios, see the dedicated pages on DUI expungement by state and how long a felony stays on your record. Confirm the exact rule that applies to your conviction with an attorney licensed in your state.

Why Expungement Matters: Collateral Consequences and the Limits of Relief

A criminal record creates collateral consequences far beyond the sentence itself. The National Inventory of Collateral Consequences of Conviction, a database funded by the Department of Justice Bureau of Justice Assistance, catalogs more than 40,000 such consequences across federal and state law, covering employment, housing, professional licensing, public benefits, and education. The scale of the affected population is large: the Bureau of Justice Statistics reported in its Survey of State Criminal History Information Systems 2020 that roughly 114.4 million persons appear in state criminal-history repositories, a figure that includes arrest records and not convictions alone.

Record relief restores important opportunities, but it has real limits. The Equal Employment Opportunity Commission's 2012 Enforcement Guidance on the use of arrest and conviction records explains that "the fact of an arrest does not establish that criminal conduct has occurred," which is part of the policy rationale for clearing arrest records that never led to conviction. Yet even after a court clears a record, private background-check companies may continue to report sealed or expunged records if they obtained the data before the order, a gap the EEOC guidance specifically flags.

The federal layer adds another limit. The FBI removes federal arrest data from its Criminal File only "at the request of the submitting agency or upon the FBI's receipt of a federal court order which specifically states expungement." For state records held through the FBI's Interstate Identification Index, updates such as expungements "are maintained solely at the State level," so the state repository, not the FBI, must transmit the change. A state court order, standing alone, does not guarantee that every database reflects it. For more on what employers and others can see, see background check laws by state.

How the Process Generally Works, and How to Verify

Most states use one of two pathways. Under a petition-based system, the individual must confirm eligibility, obtain certified copies of the relevant court records, file a petition in the correct court with any required fee, serve notice on the prosecuting agency, wait out any objection period, attend a hearing if the prosecutor objects, and obtain the court's order. After the order issues, the petitioner usually must send certified copies to the state criminal-history repository, local law enforcement, and any relevant licensing agencies, because the order does not automatically flow through every database. Under an automatic system, such as those now operating in Pennsylvania, Michigan, New Jersey, Minnesota, and New York, the state identifies and clears eligible records without a filing, although individuals should still confirm that their records were actually updated.

Timelines vary. Routine petition cases commonly take three to six months from filing to a signed order, while contested cases or courts with large backlogs can take a year or more. Costs vary as well: court filing fees commonly run from roughly $50 to several hundred dollars depending on the state and county, attorney fees add more for contested matters, and many states offer fee waivers for low-income petitioners or free help through legal-aid organizations. Automatic clearing carries no filing fee because no petition is required.

Verification is the step people most often skip. Whether your relief came through a petition or an automatic process, confirm that the court, the state repository, and commercial background-check databases all reflect it. For a practical walkthrough, see how to check if your record has been expunged.

Next Steps

Expungement, sealing, and set-aside can reopen access to jobs, housing, and licenses, but the rules turn entirely on your state and the specific offense. Identify which form of relief your state offers, confirm your eligibility and waiting period, and verify the outcome across every system that holds your record. For offense-specific and verification guidance, the linked pages above cover DUI relief, felony record timelines, and how to confirm your record is clear.

This article provides general legal information about expungement, record sealing, set-aside, and related forms of criminal record relief under United States federal law and the laws of all 50 states and the District of Columbia. The information reflects statutes and sources as of May 29, 2026, and is provided for educational purposes only. Laws change frequently, and eligibility rules, waiting periods, and excluded offenses vary significantly from state to state. This article does not constitute legal advice and does not create an attorney-client relationship. If you are considering seeking expungement or any other form of record relief, you should consult a licensed attorney in the state where your conviction or arrest occurred. RecordingLaw.com is not a law firm and does not provide legal representation.

Sources

This article relies on primary statutes, federal case law, and government agency guidance. Full citations with links appear below.

Related Articles

• How long a felony stays on your record
• DUI expungement by state
• How to check if your record has been expunged
• Background check laws by state
• Whether criminal records are public

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Last updated: May 29, 2026. Statutes cited reflect their in-force version as of May 29, 2026.