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Expungement Guide · 2026
How to Get Court Records Expunged (2026 Guide)
Expungement is one of the most powerful tools available for reclaiming your life after an arrest or conviction. When successfully completed, it removes the record from official court systems, restores your ability to deny the arrest in most situations, and gives you a genuine legal fresh start. This guide walks through the process step by step - from checking eligibility through filing the petition to what you must do after the order is granted to fully protect your privacy in the internet age.
By Anthony Will, CEO & Co-FounderUpdated May 27, 2026Read time: 18 min
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Expungement eligibility is entirely governed by state law, and the rules vary enormously. Before investing time and money in the process, confirm you are eligible. The key factors are: For more information, visit the BJA.
Type of Offense
Most states allow expungement of:
Arrests that did not result in conviction (charges dropped, dismissed, acquittal)
Misdemeanor convictions after a waiting period
Low-level felony convictions after a longer waiting period (eligibility varies widely)
Sex offenses - particularly those requiring registration
Offenses against children
DUI convictions (varies significantly - some states do, many do not)
Federal convictions (state expungement cannot reach federal cases)
Waiting Period
Nearly all states impose a waiting period between the completion of sentence and eligibility to petition for expungement. Typical ranges: Learn more about background check reports on our blog.
Dismissed charges / arrests without conviction: 0–2 years (some states allow immediate petition)
Misdemeanor convictions: 1–5 years after completion of sentence
Felony convictions: 3–10 years, if eligible at all
"Completion of sentence" typically means the later of: release from incarceration, completion of probation or parole, payment of all fines and fees, and completion of any required programs.
Clean Record During Waiting Period
Most states require that you have not been convicted of any new offense during the waiting period. A new conviction typically restarts the clock or may permanently disqualify you from expunging the earlier offense.
First Offense vs. Repeat Offenses
Many states limit expungement to first offenses. If you have multiple convictions, some states allow expungement of only one; others may allow multiple if they occurred in the same proceeding; others prohibit expungement entirely for repeat offenders. This is one of the most important variables to check for your specific situation.
2026 Update - Clean Slate Laws
A growing number of states have passed "Clean Slate" legislation that automates expungement for qualifying records after a crime-free waiting period - without requiring the individual to file a petition. Pennsylvania, Michigan, Utah, Connecticut, New Jersey, and others now have some form of automated expungement. Check whether your state has a Clean Slate program before filing a manual petition.
Step 2 - The Expungement Petition Process
If you are eligible, the expungement process follows a general sequence - though specifics vary by state and county: For more information, visit the LawHelp.
1
Gather Your Case Information
Obtain your case number, court name, date of arrest, charges, and disposition information. Request a copy of your criminal history from your state's department of justice or state police to confirm the complete record. You'll need this information to complete the petition accurately.
2
Hire an Attorney or File Pro Se
You can file for expungement without an attorney (pro se) in most states. However, an experienced expungement attorney will know your state's specific rules, eligibility nuances, procedural requirements, and how to handle complications. For complex cases, professional legal help is strongly recommended. Many attorneys offer flat-fee expungement services ranging from $500 to $2,000.
3
Complete the Petition Forms
Most courts have specific forms for expungement petitions. Obtain the correct forms from the court clerk's office or the court's website. Complete them accurately - errors or omissions can delay or derail your petition. Include all required information: your personal details, case information, the legal basis for expungement, and your statement of eligibility.
4
File the Petition and Pay the Filing Fee
File your completed petition with the clerk of the court that handled your original case. Pay the required filing fee (typically $50–$400, though some states have eliminated fees for expungement). Obtain a filed copy with the clerk's stamp as your receipt. In many jurisdictions, the clerk will also provide you with instructions for serving the petition on the prosecutor's office.
5
Serve the Petition on Required Parties
Most states require that you serve a copy of the expungement petition on the prosecuting attorney (district attorney or state attorney), and sometimes on law enforcement agencies involved in the original case. Follow your state's service requirements carefully - improper service can result in your petition being dismissed.
6
Attend the Hearing (If Required)
Some states automatically grant expungements without a hearing if the petition is properly filed and no objection is raised. Others require a court appearance where a judge reviews the petition and may question you about your rehabilitation, compliance with conditions, and reasons for seeking expungement. Dress professionally, bring documentation of your completed sentence and any rehabilitation activities, and be prepared to answer questions respectfully.
7
Receive and Distribute the Expungement Order
When the court grants your petition, you'll receive a signed expungement order. Obtain multiple certified copies. The court will typically send copies to the state criminal history repository and relevant law enforcement agencies automatically - but verify this happened. You'll need certified copies to send to background check companies, and to provide as documentation if questions ever arise.
Step 3 - Documentation to Gather
A well-documented expungement petition is more likely to succeed and process smoothly. Prepare the following:
Case number(s) for every arrest, charge, and conviction you want expunged
Certified copy of your criminal history from your state's law enforcement agency
Proof of sentence completion: discharge papers from probation/parole, payment receipts for fines, completion certificates for required programs
Proof of residency and identity: state ID, utility bills, or other standard identification documents
Character references or letters of support (not always required, but can strengthen your petition)
Evidence of rehabilitation: employment records, educational achievements, community service, treatment completion certificates
Step 4 - State-Specific Notes
Expungement law is intensely local. Here are key notes for the most populous states:
California
Dismissal (PC 1203.4)
California's expungement is technically a "dismissal" under Penal Code 1203.4. Most misdemeanors and many felonies qualify after probation ends. The court sets aside the guilty plea or verdict and enters a dismissal. Does not apply to certain sex offenses or when sentenced to state prison (unless to county jail under realignment). Felony DUIs and certain driving offenses have specific rules.
Texas
Expunction vs. Nondisclosure
Texas has two distinct processes. Expunction (available for arrests where charges were dismissed, acquittals, and certain deferred adjudications) physically destroys all records. Orders of Nondisclosure seal records from public view but preserve law enforcement access. Most Texas convictions are not eligible for expunction - nondisclosure is typically the available option for completed deferred adjudication.
Florida
Expungement and Sealing
Florida requires pre-approval from the Florida Department of Law Enforcement before filing a court petition. Eligibility is limited: you may only expunge or seal one record in your lifetime, and the offense must not be disqualifying. Sealing requires 10 years with no new arrests; expungement is available if the record was previously sealed. Strong exceptions for certain offenses.
New York
Sealing (CPL 160.59)
New York uses "sealing" rather than expungement. Under CPL 160.59, certain individuals with up to two convictions (only one felony) may seal their records after a 10-year crime-free period. Many serious felonies and sex offenses are excluded. Sealed records remain accessible to law enforcement and certain licensing bodies. New York has been expanding its sealing law in recent years.
Illinois
Expungement and Sealing
Illinois offers both expungement (for arrests without conviction and qualifying misdemeanors) and sealing (for a broader range of convictions). Illinois has one of the more expansive expungement frameworks, with automatic expungement available for cannabis convictions and recent expansions under the SAFE-T Act. Waiting periods range from 0 years (dismissed charges) to 3 years for misdemeanors.
Pennsylvania
Expungement and Clean Slate
Pennsylvania's Clean Slate Law provides automatic sealing for misdemeanor 2 and 3 convictions after a 10-year crime-free period. Traditional expungement is available for arrests without conviction, summary offense convictions after 5 years, and for individuals 70 or older who have been crime-free for 10 years. Felony expungement is limited. Act 56 expanded eligibility further in 2020.
Step 5 - Timeline: What to Expect
Realistic timeline expectations for the expungement process:
Eligibility research and consultation: 1–2 weeks
Document gathering: 2–4 weeks (criminal history requests can take time)
Petition preparation and filing: 1–2 weeks
Court processing time: 1–4 months (varies enormously by court and jurisdiction)
Hearing (if required): Scheduled 4–8 weeks after filing in most jurisdictions
Order distribution to agencies: 4–8 weeks after order is signed
Background check database updates: Additional 4–12 weeks or more
Total time from starting the process to having fully updated records: approximately 3 to 8 months in most cases, though complex situations or backlogged courts can extend this.
Critical Section - Don't Skip This
After Expungement: What You Still Need to Do Online
You've done the hard work. The court has granted your petition. Your official record is clear. You can legally deny the arrest on job applications. The background check comes back clean.
And then you Google your name.
There it is - the arrest. The mugshot. The news article from three years ago with your full name and the charges. A data broker listing showing your "criminal history." Multiple pages of results that tell the story you just spent months trying to erase legally.
This situation is not unusual. It's increasingly common - and it represents the most important limitation of expungement that most guides don't address adequately.
The expungement order governs what the court clerk discloses. It has zero authority over the internet.
Here is what the expungement order does not touch:
News articles published about your arrest or case - these are First Amendment-protected content that news organizations are under no obligation to remove simply because your record was expunged
Mugshot websites that obtained your booking photo from public arrest records - these sites operate independently and have no legal obligation to remove photos based on an expungement order
Data broker profiles on sites like Spokeo, BeenVerified, Whitepages, Intelius, and dozens of others that compiled your arrest information from public court records before expungement
Google search results that index the above sources and surface your arrest record when someone searches your name
Internet Archive / Wayback Machine caches of pages that were publicly accessible during your case
Background check services that have indexed your information and haven't yet updated their databases to reflect the expungement
This means that for anyone who encounters your name through an informal Google search - an employer, a landlord, a date, a business contact - the expungement may provide essentially no practical protection. They'll find the same information they would have found before you expunged the record.
Addressing the online dimension requires a separate, systematic effort:
Background check companies: Contact each service directly with a certified copy of your expungement order and formally request that they update their records. Services covered by the FCRA are required to maintain accuracy; many will update upon receiving documentation.
Data broker opt-outs: Most major data broker sites have opt-out mechanisms. Submitting opt-out requests to the top 40–50 data brokers covers the majority of common sources. Note that opt-outs often need to be renewed, as these services re-add information from public sources periodically.
Mugshot sites: Policies vary. Some remove records upon receiving proof of expungement. Some charge fees (illegal in several states). Some ignore requests entirely. Know your state's laws - some states have enacted mugshot extortion laws that provide recourse.
Google content removal: Google has specific removal tools for certain categories of content, including some types of personally identifying information and certain outdated content. Direct court record removal via Google's "Results about you" tool is available in some cases.
News organizations: The most difficult category. News articles are protected speech, and most outlets are reluctant to alter or remove archived stories. However, some have "right to be forgotten" policies, and some will add an update noting the expungement even if they won't remove the article. This typically requires direct outreach to the publication's editor or legal team.
For many people, this online cleanup process is more practically important than the legal expungement itself - because it's what determines what an employer, landlord, or anyone else actually finds when they search your name.
Our team specializes in identifying where your information appears online and evaluating what removal options may be available for each source. If you've already obtained expungement and are concerned about what's still visible, or if you're in the process of expunging and want to understand the full picture, a free case review is the starting point.
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Frequently Asked Questions
How do I get my court record expunged?
To get a court record expunged, you generally need to: (1) confirm eligibility based on your state's laws and the type of offense; (2) wait any required waiting period after completing your sentence; (3) file a petition for expungement in the court that handled your case, along with required supporting documents; (4) attend a hearing if required; and (5) receive and distribute the court's expungement order to relevant agencies. An expungement attorney can significantly simplify and strengthen this process.
How long does the expungement process take?
The expungement process typically takes 3 to 6 months from filing the petition to receiving the final order, though this varies significantly by state and court. Some courts process expungements in weeks; others have backlogs that extend the process to a year or more. After the order is granted, notifying all relevant agencies and databases and having background check services update their records can take additional weeks or months.
Do I need a lawyer to get my record expunged?
You are not required to hire an attorney to file for expungement - it is possible to file pro se (representing yourself). However, an experienced expungement attorney will evaluate your eligibility more accurately, prepare stronger petitions, navigate state-specific procedural requirements, and handle complications if the prosecutor objects. For complex cases or situations with multiple convictions, professional legal assistance is strongly recommended. Many attorneys offer flat-fee expungement services.
What offenses can be expunged?
Eligible offenses vary significantly by state. Most states allow expungement of misdemeanors, minor felonies, dismissed charges, and arrests that didn't result in conviction. Serious violent felonies, sex offenses, and offenses against children are typically excluded. DUI eligibility varies widely. Some states have recently expanded eligibility through "Clean Slate" legislation that automates expungement for qualifying records after a crime-free waiting period.
Does expungement clear your record online?
No. Expungement clears your official court record - but it has no automatic effect on Google, news websites, mugshot sites, data broker listings, or background check services that have already indexed your information. Online content published before expungement requires separate removal steps directed at each individual platform. This is often the more important practical problem to address after legal expungement is complete, and it's the step most people overlook.
How much does expungement cost?
Expungement costs vary widely by state and whether you hire an attorney. Court filing fees typically range from $0 to $400 (some states have eliminated fees to improve access). Attorney fees typically range from $500 to $3,000 depending on complexity and location. Some nonprofit legal organizations offer free or reduced-cost expungement assistance for income-qualifying individuals. Check with your local bar association's referral service or legal aid organization.
What steps should I take after my expungement is granted?
After receiving your expungement order, take these steps: (1) Obtain multiple certified copies of the order from the court - you'll need them for every subsequent request. (2) Confirm that the court has sent copies to the state criminal history repository and relevant law enforcement agencies; follow up if not confirmed within 30 days. (3) Contact background check services individually with a certified copy of the order and request that they update their records - FCRA-governed services are required to maintain accuracy. (4) Submit data opt-out requests to major data brokers (Spokeo, BeenVerified, Whitepages, Intelius, and others) to remove profiles containing the expunged information. (5) Address mugshot sites using the expungement order as documentation - policies vary by site. (6) Submit Google de-indexing requests for any pages that continue to display the expunged record. This post-expungement cleanup process is often the most important step for real-world protection.
Can I legally say I was never arrested after expungement?
In most states, yes - an expungement creates a legal right to answer "no" on job applications and other forms that ask about arrests or convictions, with some important exceptions. Most states allow expunged records to be used by law enforcement, courts (in later proceedings), and certain licensing bodies (professional licenses, law enforcement employment, healthcare). Federal law does not recognize state expungements for federal purposes - so an expunged state conviction may still be considered in federal employment or federal firearms eligibility determinations. A few states also have broader prohibitions on non-disclosure. Consult with your expungement attorney about exactly what you can and cannot legally say in your specific state after expungement.
Where can I find free legal help for expungement?
Several resources provide free or low-cost expungement assistance: (1) LawHelp.org - connects individuals with legal aid organizations by state, many of which offer free expungement help to income-qualifying residents. (2) Your local legal aid organization - most counties have a legal services organization that handles criminal record issues. (3) Law school clinics - many law schools run expungement clinics where supervised students file petitions at no cost. (4) State bar association referral services - can connect you with attorneys who offer reduced fees for expungement. (5) Expungement clinics - community events often organized by nonprofits, legal aid organizations, or courts where attorneys review cases and file petitions in a single session. (6) Clean Slate programs - some states have automated expungement that happens without any petition; check whether your state has a Clean Slate law that may have already cleared your record.
New court records get indexed every day. As part of active cases, we monitor for new publications across legal databases and background check sites - so if your record resurfaces or a new one appears, we catch it before it causes damage.