Charges stay on your criminal record permanently. There is no automatic expiration date, no period after which a charge falls off on its own, and no built-in reset, whether the charge ended in dismissal, acquittal, or conviction. The only way an entry comes off is through a formal legal process such as sealing or expungement, and not every record qualifies. So the real question behind how long charges stay on your criminal record is not when they leave but whether you can take steps to remove them.
Where the Seven-Year Myth Comes From
A lot of people believe charges disappear after seven years. That belief comes from a federal rule about background checks, not about criminal records themselves.
Under the Fair Credit Reporting Act, consumer reporting agencies (the companies that run background checks for employers and landlords) generally cannot report arrests that are more than seven years old if the arrest did not result in a conviction.1Office of the Law Revision Counsel. United States Code Title 15 – 1681c The same seven-year cap applies to civil suits, civil judgments, and most other adverse information.
Two exceptions matter. Criminal convictions are excluded from the time limit entirely, so a conviction can be reported on a background check no matter how old it is. And if the job you are applying for pays $75,000 or more per year, the seven-year limit does not apply at all, and older arrests can be included.1Office of the Law Revision Counsel. United States Code Title 15 – 1681c Some states impose stricter reporting limits that override the federal rule.
None of this deletes anything from the actual record. Courts, police departments, state criminal records bureaus, and the FBI keep their copies regardless of what a commercial background report can show. Law enforcement can still see the whole history.
What the Record Shows After Different Outcomes
The outcome of your case affects what the record says, not whether it exists.
- Dropped or dismissed charges. The record shows the original arrest and the charge that was filed, then notes the dismissal. A background check will still surface the arrest and the charge unless the record is sealed or expunged.
- Acquittal. If a judge or jury found you not guilty, the record reflects that verdict, but the charge and arrest history remain visible until cleared.
- Conviction. The record includes the charge, the plea or verdict, and your sentence. Convictions are the hardest entries to clear and carry the most lasting consequences for employment, housing, and licensing.
Even an arrest that never leads to formal charges can appear in your record. Police log the arrest, and that entry persists until it is specifically removed through your state’s clearing process.
Sealing and Expungement
Two legal tools exist for clearing a criminal record, and they work differently.
Record Sealing
Sealing hides the record from public view. Employers, landlords, and the general public will not see it on standard background checks. The record still exists. Law enforcement, prosecutors, and courts can access sealed records for purposes like sentencing in a future case or during an investigation. In some states, government licensing agencies can also view sealed records for positions in law enforcement, education, or healthcare.
Expungement
Expungement is more thorough. In some states, the record is physically destroyed. In others, it is segregated and made inaccessible to virtually everyone, including most government agencies. The practical effect varies by jurisdiction, but expungement generally comes closer to erasing the record than sealing does.
After either process, you can typically answer “no” on job applications that ask whether you have a criminal record. The exact protection depends on your state’s specific statute, so check what your order actually permits before assuming you are covered.
Who Qualifies to Clear a Record
Not every record qualifies. Rules vary by state, but the patterns are consistent enough to outline.
Type of Offense
Misdemeanors and lower-level felonies are the most commonly eligible offenses. As severity increases, eligibility narrows. Many states prohibit clearing violent felonies, sex offenses, and offenses involving minors.2National Conference of State Legislatures. Record Clearing by Offense Driving-related offenses like DUI are frequently excluded.
Case Outcome
Dismissed charges and acquittals are easier to clear than convictions. Some states allow you to seal a dismissal immediately with no waiting period. Convictions require meeting additional conditions and waiting longer.
Waiting Periods
For convictions, most states require a waiting period before you can petition. The clock usually starts when you finish your entire sentence, including probation, parole, and payment of fines or restitution. Waiting periods range from as little as one year for minor misdemeanors to five or ten years for felonies.2National Conference of State Legislatures. Record Clearing by Offense
Criminal History
Your overall record matters. Prior or subsequent offenses can disqualify you from clearing an earlier charge, even one that would otherwise qualify. Some states cap the number of convictions you can expunge in a lifetime.
Clean Slate Laws and Automatic Sealing
A growing number of states have passed Clean Slate laws that automatically seal eligible records after a set period, without requiring the person to file a petition. As of early 2026, thirteen states plus Washington, D.C., have enacted some form of automatic sealing legislation. Michigan’s system, one of the earliest to launch, has automatically sealed records for over 900,000 people since implementation began in 2023. Colorado’s law took full effect in mid-2025 and has already cleared hundreds of thousands of records.
These laws typically cover nonviolent misdemeanors and some lower-level felonies after a waiting period with no new offenses. Serious violent crimes and sex offenses are not covered. If you live in a state with a Clean Slate law, your record may be sealed without any action on your part, but only for offenses within the law’s scope. For everything else, the traditional petition process still applies.
How the Petition Process Works
If you need to petition for sealing or expungement, the process follows a predictable pattern in most jurisdictions.
You start by filing a petition or application in the court that handled your original case. This document formally asks a judge to seal or expunge your record. Most courts charge a filing fee, typically somewhere between $0 and $400 depending on the jurisdiction and the offense. Some states waive fees for dismissed charges or for people who demonstrate financial hardship.
After you file, the prosecutor’s office is notified and given a chance to object. In straightforward cases with old, minor offenses, prosecutors often do not oppose the petition. If there is a dispute, the court schedules a hearing where both sides present arguments. The judge considers the nature of the offense, your behavior since the case, and any objections from the prosecution.
If the judge grants your petition, the court issues an order directing all agencies that hold the record (the court clerk, the arresting agency, and the state criminal records bureau) to seal or destroy it as specified. The process from filing to receiving an order can take anywhere from a few weeks to several months.
Legal representation makes a significant difference. A National Institute of Justice study found that people with full legal representation cleared their records at far higher rates than those who tried to navigate the process alone.3National Institute of Justice. Expungement – Criminal Records as Reentry Barriers Attorney fees for a standard petition generally range from a few hundred to several thousand dollars depending on complexity and location.
Getting the FBI to Update Its Copy
A state court order is not always the end of the process. The FBI maintains its own criminal history database, and it does not automatically update when a state court seals or expunges your record. The FBI functions as a passive repository that depends on state agencies to submit updates. If your state’s criminal records bureau does not notify the FBI, your arrest and charge will continue to appear in the federal system indefinitely.
Under federal regulations, you can challenge inaccurate or outdated information by contacting the agency that submitted the data or by writing directly to the FBI’s Criminal Justice Information Services Division.4eCFR. 28 CFR 16.34 The FBI forwards your challenge to the originating agency and makes corrections only after that agency confirms the change. Follow up with your state’s identification bureau after receiving a court order to make sure the update reaches the FBI, and consider requesting a copy of your Identity History Summary to verify.
Situations Where Normal Clearing Rules Do Not Apply
Juvenile Records
Juvenile records operate under different rules. Federal law requires that records from juvenile delinquency proceedings be safeguarded from public disclosure. Juvenile record information generally cannot be released for employment applications, licensing, or civil rights inquiries, and agencies must respond as though the person was never involved in a juvenile proceeding. Exceptions apply for law enforcement investigations, court inquiries, treatment facility directors, and national-security positions.5Office of the Law Revision Counsel. United States Code Title 18 – 5038 Many states go further, and some automatically seal juvenile records at a certain age.
Federal Convictions
Federal records are much harder to clear than state records. There is no general federal expungement statute. The one narrow exception applies to first-time drug possession offenders under 21 who successfully complete probation; in that situation, the court is required to enter an expungement order for the arrest, charges, and disposition.6Office of the Law Revision Counsel. United States Code Title 18 – 3607 For every other federal conviction, expungement is not available. A presidential pardon is the primary remedy, and even a full pardon does not eliminate the underlying facts or prevent all collateral consequences; a pardoned conviction can still appear in criminal history databases.7Congress.gov. ArtII.S2.C1.3.7 Legal Effect of a Pardon – Constitution Annotated
Immigration Consequences
If you are not a U.S. citizen, state-level expungement offers far less protection than most people assume. Federal immigration law uses its own broader definition of “conviction”: one exists whenever a court or jury found the person guilty (or the person pleaded guilty or admitted sufficient facts) and the judge ordered any punishment or restraint on liberty.8Legal Information Institute. United States Code Title 8 – 1101(a)(48) Definition of Conviction This can capture deferred adjudications and plea deals your state does not consider convictions. USCIS treats a conviction as still existing for immigration purposes if it was dismissed only because the person completed a rehabilitative program, rather than being vacated for a constitutional or procedural defect.9U.S. Citizenship and Immigration Services. USCIS Policy Manual – Adjudicative Factors A state expungement may do nothing for a visa application or green card petition. Talk to an immigration attorney before assuming a state court order resolves the issue.
Copies That Escaped Online
Even after a court grants sealing or expungement, traces of the record can linger. Arrest records, mugshots, and court filings often get picked up by third-party websites, data brokers, and news outlets before the record is cleared. A court order reaches government agencies. It has no automatic effect on private websites that already captured the information. Removing that material usually means contacting each site individually. Some comply, some charge a fee, and some ignore requests. A handful of states have passed laws requiring mugshot sites and data brokers to remove expunged records upon request, but enforcement is uneven. Plan for that gap before assuming an order will make a charge fully invisible.