Requirements for expungement in the United States in 2026

Expungement is the legal process of petitioning a court to seal or clear a criminal record so it no longer appears in most public background checks. Once granted, an expunged record is generally hidden from employers, landlords, and the general public, giving eligible individuals a meaningful fresh start when pursuing jobs, housing, or professional licenses.

Because expungement is governed entirely by state law — not federal law — eligibility rules, waiting periods, and required documents vary considerably from jurisdiction to jurisdiction. There is no universal federal expungement statute covering most offenses; each petition must be filed in the court where the original case was heard. The information in this guide reflects common requirements across U.S. jurisdictions in 2026, but you must confirm the specific rules in your state before filing.

What expungement is and what it’s for

Expungement is a court-ordered process that seals or removes an arrest, charge, or conviction from a person’s publicly accessible criminal record. After a successful expungement, the affected record is typically unavailable to employers conducting background checks and cannot be reported by consumer reporting agencies under the Fair Credit Reporting Act.

This procedure applies to individuals who have been arrested, charged, or convicted of a qualifying offense and who have met their state’s eligibility criteria — usually a mandatory waiting period after completing a sentence, probation, or parole. The types of offenses that qualify depend entirely on state law: many states allow expungement of misdemeanors and certain non-violent felonies; others permit only arrests that did not lead to conviction. Federal convictions are subject to very different rules and are rarely eligible for expungement under current federal law.

The official body responsible is the state court — usually the county or district court — where the original case was adjudicated. Some states also involve the state police or a state bureau of investigation to update criminal history databases after a court order is issued.

Documents required

The exact list varies by state and case type. The following documents are required in most U.S. jurisdictions:

Completed petition for expungement (state-specific court form; available from the clerk of court or the state’s official court website)
Certified copy of the court disposition showing the final outcome of your case (acquittal, conviction, dismissal, or nolle prosequi)
Government-issued photo ID (driver’s license, state ID card, or U.S. passport)
Proof of current address (utility bill, bank statement, or lease agreement dated within 60–90 days)
Certificate of completion of probation or parole issued by the supervising agency
Proof of payment of all court fines, fees, and restitution
Proof of completion of any court-ordered programs (community service, substance abuse treatment, etc.)
Certified copy of your state criminal history record from the state bureau of investigation or state police (required in most states; fee of approximately $15–$30)
FBI Identity History Summary (required in some states; obtainable through the FBI’s Identity History Summary Checks service for a fee of $18)
Fingerprint card (required in some states for identity verification; typically completed at a local law enforcement office or authorized vendor)
Filing fee payment (check, money order, or electronic payment as accepted by the court)

If any document is in a language other than English, a certified translation by an accredited translator is required. All copies submitted to the court must be certified originals bearing the official court or agency seal — plain photocopies are not accepted.

Steps to complete the procedure

Confirm your eligibility. Review your state’s expungement statute or visit your state court’s official website to verify that your offense qualifies and that the mandatory waiting period has passed. Legal aid organizations or a licensed attorney can help with this step.
Obtain your certified criminal history record. Request a certified copy from the state bureau of investigation or state police. This typically costs $15–$30 and can take 1–4 weeks to arrive.
Gather all supporting documents. Collect certified court dispositions, proof of sentence completion, proof of fine payment, and any other state-specific documents before completing the petition form.
Complete the petition for expungement. Download the correct form from the clerk of court’s office or the official state court website. Fill it out completely and accurately; courts routinely reject petitions with missing or inconsistent fields.
File the petition with the clerk of court. Submit the completed petition and all supporting documents in person at the county or district court where the original case was heard. Some states allow online filing through the state court’s e-filing portal. Pay the filing fee at this time.
Serve notice on all required parties. Most states require you to formally serve a copy of the petition on the prosecuting attorney’s office and the arresting law enforcement agency by a court-specified deadline. Follow your state’s service rules precisely.
Attend the court hearing, if scheduled. Some states hold a hearing before a judge; others process petitions administratively without one. If a hearing is required, appear on the assigned date prepared to answer the judge’s questions.
Distribute certified copies of the court order. If the petition is granted, the court issues an expungement order. Certified copies must typically be sent to the state police, the state bureau of investigation, and any other agencies that hold a copy of the record so that all databases are updated.

Estimated total time from filing to final order: 3 to 6 months in most states, though jurisdictions with high court volumes may take up to 12 months or longer. An appointment with the clerk of court may be required before filing; check the court’s website in advance.

Fees and timelines

Court filing fee: $50–$400 depending on the state and offense type; some states charge no filing fee for arrests that did not result in conviction
State criminal history record fee: $15–$30 payable to the state bureau of investigation or state police
FBI Identity History Summary fee: $18 (if required by your state)
Certified copy fees: $5–$15 per document, depending on the issuing court or agency
Fee waivers: available in many states for applicants who meet income-based criteria; request a fee waiver application from the clerk of court at the time of filing
Processing time: 3–6 months in most states after the petition is filed; up to 12 months or more in jurisdictions with significant court backlogs
Validity of the expungement order: permanent once granted — the record remains sealed unless a court later vacates the order due to a subsequent qualifying conviction or a procedural defect

Common mistakes and how to avoid them

Filing before the mandatory waiting period has elapsed. Each state imposes a waiting period — typically 1 to 10 years after sentence completion — before a petition can be accepted. Filing even one day early results in automatic denial and may restart the clock in some states. Confirm the exact period in your state’s statute before submitting anything.
Filing in the wrong court or county. The petition must be filed in the specific court that adjudicated the original case. Submitting to a different court or county will result in rejection and significant delays.
Submitting non-certified or incomplete documents. Courts require certified copies of dispositions and criminal records bearing official seals. Plain photocopies or uncertified printouts are routinely rejected. Blank or inconsistent fields on the petition form are also a common cause of rejection.
Failing to properly serve all required parties. Most states treat failure to serve the prosecutor’s office or the arresting agency as a procedural defect that results in dismissal of the petition. Confirm which parties must be served and which method of service (personal delivery, certified mail, etc.) your state requires.

Frequently asked questions

Will an expunged record still show up on background checks? In most states, an expunged record will not appear on standard commercial background checks and cannot be reported by consumer reporting agencies. However, certain government bodies — including law enforcement agencies, courts, and some professional licensing boards — may still access sealed records under state law. The scope of sealing varies by state.

Can I get a federal conviction expunged? Federal law does not have a general expungement statute for adult federal convictions. Expungement of federal records is available only in very limited circumstances, such as certain juvenile offenses or first-time drug possession under 18 U.S.C. § 3607. If you have a federal conviction, consult a licensed attorney about alternative options such as a presidential pardon.

Do I need a lawyer to file for expungement? You are not legally required to hire an attorney. Many courts provide self-help desks, standard petition forms, and instructional guides for pro se filers. However, a licensed attorney — or a legal aid organization if you qualify based on income — significantly reduces the risk of procedural errors. Cases involving multiple convictions, felonies, or out-of-state records strongly benefit from legal representation.

How long do I have to wait before I can apply? Waiting periods are set by state law and depend on the severity of the offense. Common ranges are 1–3 years for misdemeanors and 3–10 years for eligible felonies, measured from the date of sentence completion, discharge from probation, or release from custody. Check your state’s expungement statute directly for the period applicable to your specific offense.

What happens to my expunged record if I am arrested again later? In many states, a subsequent arrest or conviction can expose a previously expunged record in later legal proceedings or affect your eligibility to expunge the new offense. The rules vary significantly by state. If this situation applies to you, consulting a licensed attorney before filing any new petition is strongly advisable.

Before you file

The two most critical items to have ready are the certified copy of your court disposition and documentation proving you have completed all sentencing requirements. Your first concrete step is to contact the clerk of court in the county where your case was heard, confirm that your offense is eligible, and request the correct petition form.

Expungement laws are amended regularly by state legislatures. Eligible offenses, waiting periods, and filing fees can change without advance notice. Always verify current requirements directly with the clerk of court, your state’s official court website, or a licensed attorney in your state before submitting any documents.

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