Misdemeanor expungement is available in almost every state and is often straightforward enough to handle without an attorney. This guide walks you through the complete process - from eligibility check to internet cleanup.
By Anthony WillEst. 2013Published May 27, 2026Read time: 10 min
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Most states allow expungement of first-offense misdemeanors, and many allow expungement of multiple misdemeanors with waiting periods. Key eligibility factors: For more information, visit the NCSL statutes.
Type of misdemeanor - Petty theft, simple assault, minor drug possession are commonly eligible. Domestic violence misdemeanors often face additional restrictions due to federal firearms law (Lautenberg Amendment).
Waiting period - 1–5 years after completing your sentence is typical for misdemeanors
Sentence completion - Fines paid, probation completed, community service done
Subsequent record - No new convictions after the misdemeanor you're seeking to expunge
Misdemeanor Expungement by State (Quick Reference)
State
Wait Period
Multiple Misdemeanors?
Key Notes
California
Probation completion
Yes
§ 1203.4; limited relief, not full deletion
Texas
Varies (by type)
Limited
Only dismissed cases fully expunged
Florida
Varies
One per lifetime
Withholds of adjudication qualify
New York
3 years
Limited
Sealing more common than expungement
Illinois
2–3 years
Yes (some limits)
Many misdemeanors eligible for sealing
Michigan
3 years
Yes (up to 3)
Clean Slate Act expanded eligibility
Ohio
1–3 years
Yes
SB 288 (2022) expanded eligibility
Georgia
4 years
One per lifetime
Must be first offense
Most people in your position reach out right here.
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Your record is probably showing in more places than you realize - and each one can be addressed.
Most people who reach out to us had no idea how many places their record had spread. Justia, Google Scholar, UniCourt, background check sites - each one a new place where employers, landlords, or dates might find you. A free scan shows you exactly where you stand, so you can do something about it.
For straightforward misdemeanor cases, self-representation is common and often successful: For more information, visit the Nolo expungement.
Download the expungement petition form from your state or county court website
Gather your case records: case number, conviction date, charge, and sentence details
Complete the petition with all required information
File with the court clerk and pay the filing fee ($50–$300 depending on state)
Serve a copy on the prosecutor if required by your state
Attend any hearing (many misdemeanor expungements are granted without hearings)
Receive your certified expungement order
Serve the order on all required agencies
Free Misdemeanor Expungement Resources
If cost is a barrier, explore these options before hiring an attorney:
Legal aid organizations - Free for income-qualified applicants; many run misdemeanor expungement clinics
Court self-help centers - Many courthouses have free assistance completing expungement forms
Law school clinics - Free under attorney supervision; wait times vary
State bar pro bono programs - Attorneys who volunteer for record-clearing projects
Online self-help resources - Many nonprofits publish state-specific guides with sample petitions
After Expungement: Your Online Record
Misdemeanor records that made it onto Google, Justia, CourtListener, data broker sites, or local news sites are not automatically removed by your expungement order. A misdemeanor case with online coverage - especially an arrest without conviction, a dismissed case, or an older case - often persists in search results for years unless directly addressed. Learn more about court record removal on our blog.
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Frequently Asked Questions
How much does misdemeanor expungement cost?
Court filing fees for misdemeanor expungements typically range from $50 to $300. If you hire an attorney, add $700–$2,000 in legal fees for a straightforward case. Many people self-file successfully for just the filing fee. Free options include legal aid organizations and court self-help centers.
Can I expunge a misdemeanor DUI?
In many states, yes - first-offense misdemeanor DUI is one of the most commonly expunged offenses. California (§ 1203.4), Michigan, Ohio, Indiana, and many other states allow misdemeanor DUI expungement. Texas and Florida are notable exceptions. Check your state's specific eligibility requirements.
Does expunging a misdemeanor clear my background check?
For most standard employment and housing background checks run through FCRA-compliant agencies, yes. The misdemeanor should no longer appear. However, some background check companies lag in updating their databases, and professional licensing boards sometimes have independent access to expunged records. Law enforcement and government security clearances typically see all records.
Can a domestic violence misdemeanor be expunged?
This is complicated by federal law. The Lautenberg Amendment permanently prohibits people convicted of domestic violence misdemeanors from possessing firearms - and this restriction survives expungement in most circumstances. Many states also restrict expungement of domestic violence convictions. An attorney's guidance is especially important for these cases.
Will expunging a misdemeanor remove it from the internet?
No automatically. Expungement addresses official government records. Third-party websites - Justia, CourtListener, Spokeo, local news sites - captured the information before expungement and aren't covered by the court order. Internet removal requires separate action targeting each platform.