Requirements for criminal record sealing in the United States in 2026

Sealing a criminal record means that a court restricts public access to your arrest or conviction records. Once sealed, those records are generally hidden from background checks run by employers, landlords, and the general public — though law enforcement agencies can still access them in most states.

This procedure can open real doors: job applications, housing, and professional licensing all become less complicated when your past record is not publicly visible. Because criminal law is administered at the state level, the exact requirements, eligible offenses, and waiting periods vary significantly from state to state. There is no single federal process for sealing a state criminal record — each state has its own court system and rules.

What this procedure is and what it’s for

Record sealing is a court-ordered process that hides a criminal record from public view. Unlike expungement — which in many states destroys or erases the record — sealing keeps the record in existence but makes it inaccessible to most people and institutions.

It applies to individuals who have been arrested, charged, or convicted of certain offenses and who meet the eligibility criteria set by their state. Common qualifying situations include first-time offenses, misdemeanors, non-violent felonies, dismissed charges, and juvenile records.

The procedure is handled at the state court level — typically the same court where the original charge was filed. In some states, the petition goes to a county superior court; in others, it goes to a district or circuit court. A few states also allow petitions through the state’s Department of Corrections or a dedicated board.

Documents required

The documents below are standard across most states. Always check your specific state court’s requirements, as some may ask for additional forms.

• Completed petition to seal (state-specific form) — obtain this from your state court’s website or clerk’s office; do not use a generic version
• Certified copy of your criminal record — request this from the state Bureau of Investigation or your state’s criminal history repository
• Court disposition records — certified copies of the judgment, sentencing order, or dismissal for each case you are petitioning to seal
• Proof of identity — a government-issued photo ID such as a driver’s license, state ID, or passport
• Proof of completed sentence — discharge papers from probation or parole, or a completion certificate if a diversion program was involved
• Filing fee payment — a money order, cashier’s check, or credit card payment depending on the court
• Certificate of rehabilitation or good conduct (required in some states, such as California and New York, for certain felony petitions)

Originals or certified copies are required for court records — photocopies are not accepted. Your identity document may be submitted as a copy. No apostille or foreign-language translation is needed unless a document was issued abroad.

Steps to complete the procedure

1. Confirm eligibility. Review your state’s sealing statute. Most states have a waiting period (typically 3–7 years after sentence completion) and exclude certain offenses such as sex crimes, violent felonies, and DUI convictions in some jurisdictions.

2. Obtain your criminal history record. Contact your state’s Bureau of Investigation (for example, the Florida Department of Law Enforcement, the California Department of Justice, or the Texas Department of Public Safety) and request a certified copy of your record. This usually takes 2–4 weeks.

3. Get the correct petition form. Download the state-specific petition from your state’s court website or pick it up at the clerk’s office. Complete it accurately, listing every case number and charge.

4. File the petition at the correct court. Bring your completed petition, supporting documents, and filing fee to the clerk of the court where the original case was heard. Some states allow online filing through their e-filing portal.

5. Serve notice on the prosecutor. Most states require you to notify the district attorney’s office. The court clerk can advise on the method — certified mail is common.

6. Attend the hearing (if required). Some states schedule a brief court hearing; others process petitions administratively without one. If a hearing is scheduled, be prepared to explain why sealing serves the public interest.

7. Receive the order. If approved, the court issues a sealing order. You may need to send certified copies to arresting agencies, the state repository, and the FBI’s Criminal Justice Information Services (CJIS) division if federal records are involved.

Fees and timelines

• Filing fee: typically $100–$400 depending on the state and the number of cases being sealed; some states waive fees for low-income petitioners
• Criminal history record request fee: usually $15–$50 payable to the state agency
• Processing time: 60–180 days from filing to a final order is typical; complex cases or states with high court volume can take up to 12 months
• Hearing scheduling: if a hearing is required, expect 30–90 days from filing to hearing date
• Duration of sealed status: indefinite — a sealed record stays sealed unless a court later orders it unsealed, which is rare and requires a legal proceeding
• Fee waivers: available in California, Illinois, New York, and several other states for petitioners who qualify under poverty guidelines

Common mistakes and how to avoid them

• Filing in the wrong court. You must file in the court that handled the original case, not a court near your current home. Verify the case number and originating court before filing.
• Missing the waiting period. Many petitions are rejected because the applicant files before the required waiting period has elapsed after completing probation, parole, or sentence. Count from the date of full discharge, not the conviction date.
• Incomplete or unsigned forms. Courts return petitions that are missing a signature, a case number, or a required attachment. Review the checklist published by your state court before submitting.
• Not notifying the prosecutor. Failure to properly serve the district attorney’s office is one of the most common procedural errors and will result in the case being dismissed or delayed.

Frequently asked questions

Will sealing a record completely hide it from employers? For most private employers and landlords, yes — a sealed record will not appear on a standard background check. However, government agencies, law enforcement, and employers in certain licensed fields (healthcare, education, firearms) may still be able to access sealed records depending on your state’s law.

Can I seal a federal conviction? Federal convictions cannot be sealed or expunged under current federal law, with very limited exceptions for juvenile records under 18 U.S.C. § 5037. This guide covers state-level record sealing only.

Do I need a lawyer? It is not legally required in most states, but an attorney who handles expungement and sealing cases can significantly reduce the risk of errors, especially if you have multiple cases or charges that may not qualify. Many legal aid organizations offer free or low-cost help.

What happens if my petition is denied? You will typically receive a written explanation. Depending on the reason, you may be able to refile after correcting the error, wait until you meet a longer eligibility period, or appeal the decision. Timeframes for refiling vary by state.

Does sealing a record affect immigration status? Possibly. U.S. Citizenship and Immigration Services (USCIS) may still consider sealed convictions in immigration proceedings. If you are not a U.S. citizen, consult an immigration attorney before filing.

What to do next

Start by confirming your eligibility under your state’s current sealing statute — this is the step that determines everything else. Then request your certified criminal history record from your state’s Bureau of Investigation and download the correct petition form from your state court’s official website.

Requirements, eligible offenses, and fees change when state legislatures update sealing laws. Always verify current requirements directly with the clerk of the court where you plan to file before submitting any documents. The National Center for State Courts (ncsc.org) and your state’s official court website are reliable starting points.