That little mistake from years ago keeps coming back to haunt you. Job applications, apartment rentals, loan applications; your record follows you everywhere.
But maybe you've heard about expungement and wonder if it could be your ticket to a clean slate.
Expungement isn't some magic eraser that makes your past disappear completely, but it can seal records from public view and potentially give you a fresh start.
It's complicated though, varies by state, and definitely isn't available to everyone.
Expungement doesn't actually delete your record; it seals it from public view. Law enforcement agencies can still access the information in certain situations, but most employers, landlords, and members of the general public cannot.
Not everyone qualifies. Eligibility varies dramatically depending on:
Most states allow expungement for arrests that didn't lead to a conviction.
Many allow expungement of minor misdemeanors after a waiting period.
Some states now even allow certain non-violent felonies to be expunged after longer waiting periods.
You typically won't qualify if you have pending charges or if you're still on probation or parole. Multiple offenses also complicate eligibility in most states.
The process looks simple on paper, but can be frustratingly complex in practice. Generally, you'll need to:
Many people find working with an expungement lawyer saves them significant time and improves their chances of success, especially in complicated cases involving multiple charges or when there's any question about eligibility.
The timeline varies wildly. Some jurisdictions process expungements in weeks, others take over a year. There's usually no way to expedite the process, so patience becomes a necessary virtue.
Expungement isn't free. Costs typically include:
Court filing fees ranging from $50 to $550 depending on your state. Getting certified copies of records can add another $10-$50.
If you hire a lawyer, add anywhere from $500 to $2,500 depending on case complexity.
The process also costs time—researching requirements, gathering documents, filing paperwork, and possibly attending hearings. Many people report spending 15-30 hours on DIY expungements.
Then there are the emotional costs. The process can force you to revisit difficult times in your life. You might face disappointment if your petition is denied. The uncertainty while waiting for a decision can be stressful.
After expungement, you can legally answer "no" to most job application questions about convictions (with some exceptions for government jobs and professional licenses). Private employers generally cannot see or ask about expunged records.
Housing applications become easier. Loan applications may be affected positively. There's often a psychological benefit too—finally closing a difficult chapter in your life.
What doesn't change: Federal immigration authorities can still see expunged convictions. Some professional licensing boards can access sealed records.
High-level security clearances might still uncover the information. If your case received media coverage, those news stories won't disappear.
In rare cases, technical errors can cause expunged records to reappear in background checks.
It's worth checking your record a few months after expungement to ensure everything processed correctly.
DIY expungement works fine for simple cases; single, minor offenses with straightforward eligibility. But consider legal help if:
Legal aid organizations sometimes offer free expungement assistance. Some public defender offices help former clients with expungements at reduced rates. Court clerks can provide forms but cannot give legal advice.
The investment in legal help often pays off through higher success rates and fewer delays caused by paperwork errors.
But for truly simple cases, paying a lawyer might be unnecessary; just be prepared to put in the research time yourself.
