Frequently Asked Questions

In most cases, yes. After expungement, your record is removed from most employer and housing background checks. However, federal law enforcement, immigration authorities, and some professional licensing boards (law, medicine, teaching) may still access sealed records. The exact scope depends on your state's law.

Most states process expungement petitions in 3–6 months. The timeline includes filing the petition, serving notice to the prosecution, a waiting period, and (in some states) a court hearing. Some automatic Clean Slate states process records in batches without any action required from you.

Court filing fees typically range from $100–400 depending on the state and county. If you hire an attorney, add $500–2,000 in legal fees. Some nonprofit legal aid organizations offer free or subsidized expungement help for qualifying individuals. The return on investment is significant — a cleared record opens up better jobs, housing, and opportunities.

It depends on the state and the specific felony. Many states allow expungement of non-violent felonies after a waiting period. Violent felonies, sex offenses, and offenses involving children are usually excluded. Some states have recently expanded felony eligibility — check your specific state guide.

Clean Slate laws automatically seal or expunge eligible criminal records without requiring individuals to file a petition. Pennsylvania passed the first in 2018; since then, 13+ states have passed similar laws. If you live in a Clean Slate state, your record may already be sealed — or will be automatically after a waiting period.

No — expungement does not affect immigration records or proceedings. Federal immigration authorities retain access to expunged records regardless of state law. If you're a non-citizen, consult an immigration attorney before pursuing expungement to understand all implications.

It depends on your state. Some states allow DUI expungement after a waiting period and completion of all sentence requirements. Others exclude DUI offenses entirely. A few states allow sealing but not full expungement. Check your state guide for specific DUI rules.

Expungement typically destroys or fully erases the record. Sealing hides the record from public view but it still exists — law enforcement and courts can access it. In practice, both achieve the same goal for most people: the record doesn't show up on standard background checks. The terminology varies by state — some use them interchangeably.

Not always. Many states allow you to file a pro se (self-represented) petition. However, attorneys know how to avoid procedural errors that can delay or sink your petition. For complex cases (felonies, multiple offenses, prior denials), legal help is strongly recommended. For simple misdemeanor expungements in cooperative counties, self-filing is often feasible.

In most states, once expunged, you can legally answer 'no' to questions about prior convictions. However, some professional licensing applications and government positions specifically ask about expunged records — read the question carefully. When in doubt, consult an attorney.

Yes, in most states juvenile records can be expunged or sealed. Many people believe juvenile records automatically disappear at 18 — they don't. The process is typically simpler than adult expungement, and more offenses qualify. Waiting periods are usually shorter too. See our juvenile record expungement guide for details.

In most states, a successful expungement restores firearm rights — but there are important exceptions. Federal law has a separate permanent bar for misdemeanor domestic violence convictions that expungement does not remove. Federal convictions also generally cannot be expunged. Always verify with an attorney before possessing a firearm after expungement.

Drug possession convictions are among the most commonly expungeable offenses. Many states have special provisions for marijuana convictions, including automatic expungement. Drug trafficking and manufacturing convictions are much harder to expunge. Federal drug convictions have very limited expungement options.

Most states require you to wait a certain period after completing your sentence before you can apply for expungement. For misdemeanors, this is typically 1–3 years. For felonies, it's usually 3–10 years. Some states have no waiting period for dismissed or acquitted charges. Clean Slate states may seal records automatically after the waiting period.

Yes, but you must file separately in each state where you have a record. Each state has its own eligibility rules, forms, and processes. Start with the state where the most damaging record exists — typically the most recent or most serious conviction.

Yes. After expungement, your criminal record won't appear on standard tenant background checks. You can legally answer 'no' when landlords ask about criminal history. This includes private landlords, property management companies, and most public housing applications.

You can usually refile after addressing the reasons for denial. Common reasons include: incomplete sentence requirements, not meeting the waiting period, or the offense being ineligible. In some states, you can appeal the denial to a higher court. An attorney can help identify what went wrong and improve your chances on refiling.