An expungement eligibility guide helps you understand whether your criminal record may qualify for expungement based on your state, offense type, and time since conviction. Use this tool to get a general sense of eligibility before consulting an attorney.
Legal Disclaimer: Expungement laws vary significantly by state and change frequently. This guide provides general information only and is not legal advice. Consult a licensed attorney in your state for advice specific to your situation.
Your Situation
Or years since arrest (if no conviction)
Eligibility Factors
Next Steps
This tool provides general eligibility guidance only. Expungement laws change frequently and vary by county as well as state. Always consult a licensed attorney or legal aid organization for your specific situation.
How to Use the Expungement Eligibility Guide
This expungement eligibility guide helps you understand whether your criminal record might qualify for expungement or sealing. Having a criminal record can affect employment, housing, professional licensing, and more. Expungement can be life-changing for eligible individuals.
Step 1: Understand Your Record Type
There's a significant difference between an arrest and a conviction. An arrest without conviction (charges dropped, acquittal, case dismissed) is almost always eligible for expungement in most states, often without waiting periods. Convictions, especially felonies, have more restrictions. The offense type matters enormously — violent and sex offenses are typically ineligible while non-violent first offenses have the best eligibility rates.
Waiting Periods and Subsequent Offenses
Most states require a waiting period after conviction and completion of sentence before you can apply for expungement. Typical waiting periods: misdemeanors 1–5 years, felonies 3–10 years. During the waiting period, you generally must have stayed out of trouble. A subsequent criminal conviction almost always disqualifies you from expungement of the prior offense.
Free Legal Help for Expungement
Many legal aid organizations offer free or low-cost expungement assistance. Look for "expungement clinics" in your area — these free legal events help qualified individuals file expungement petitions with attorney assistance at no cost. State bar associations often maintain referral lists. Several states have also implemented automatic expungement for certain eligible offenses, meaning no filing is required.
FAQ
What does expungement mean?
Expungement (also called expunction or record sealing) is a legal process that removes a criminal conviction or arrest from your public record. After expungement, you generally do not have to disclose the offense on job applications or rental applications. Law enforcement may still see the sealed record in some states.
Can all criminal records be expunged?
No. Serious felonies (murder, rape, child sex offenses) are generally not eligible for expungement in most states. DUI convictions are often ineligible or have long waiting periods. First-time misdemeanors and non-violent felonies have the best eligibility rates. Federal convictions have very limited expungement options.
How long does expungement take?
The process varies by state but typically takes 3–6 months from filing to completion. You file a petition with the court, there is often a waiting period for the prosecutor to object, and then a hearing where the judge decides. Some states have simplified automatic expungement for eligible offenses.
Do I need an attorney for expungement?
Many people successfully handle their own expungement without an attorney, especially for straightforward misdemeanor cases. Attorney fees typically run $500–$1,500. Legal aid organizations in many cities help with expungement at no cost for qualifying individuals.
Is this tool free?
Yes, completely free with no signup required. All calculations run locally in your browser.