What the words mean
States use the terms loosely, but the usual distinction is this. Expungement destroys the record or treats the case as though it never happened. Sealing leaves the record in existence and hides it from the public, including most employers and landlords, while police, prosecutors and some licensing boards can still see it. The law of the state where the case was handled controls, not the state where you live now.
Who qualifies
Every state draws its own lines, and they move often. The common pattern is that arrests without charges, dismissed cases and acquittals are the easiest to clear, and they do not vanish on their own in most states. Many misdemeanors and some lower-level felonies qualify after a waiting period, commonly one to ten years from the end of the sentence, with no new offenses in between. All fines, restitution and probation usually have to be complete. Serious violent felonies and sex offenses are excluded almost everywhere. Federal convictions have virtually no expungement route.
A growing number of states seal eligible records automatically under what are called clean slate laws. Do not assume it has happened. Check.
The process
- You request your state criminal history from the state police or justice department, and you obtain the court file for each case.
- You complete the petition for the court that handled the case, using the forms on the state court website.
- You file it, pay the fee or request a waiver, and send a copy to the prosecutor's office.
- You attend a hearing if one is set, where the judge mainly wants to hear what you have done since.
- You send the signed order to every agency that holds the record.
Fees range from nothing to a few hundred dollars, and the wait runs from six weeks to six months. Legal aid offices hold free clinics in many cities. Hire a lawyer if the prosecutor objects or if the conviction is a felony.
What clearing does not fix
In most states you may lawfully answer that you have no conviction on ordinary job and rental applications once a record is cleared. The exceptions matter. Federal immigration law still counts most expunged convictions, and applications for law enforcement jobs, some professional licenses and security clearances still require disclosure. Read the question as written.
Tip Private background check companies keep copies of old data. Send them the court order and dispute any report that still shows the case, since federal law requires them to report accurately.
