How long courts keep records depends on which court held the case and how serious it was. A federal criminal case that went to trial is kept forever. A minor federal criminal case with a short sentence can be destroyed 15 years after it closes. State schedules run the full range, from about five years for traffic and misdemeanor files to permanent retention for capital cases, adoptions, and many divorce decrees.
Even after a court destroys its own file, information from the case can keep circulating in background check and credit bureau databases under separate federal rules.
What Sets the Retention Period
Two things drive the timeline: the court system that handled the case, and the seriousness of the case itself. Federal courts follow disposition schedules approved by the Judicial Conference and the Archivist of the United States. Each state runs its own schedule through its judicial administration or state archives.
Within both systems, criminal records are generally kept longer than civil records, serious offenses longer than minor ones, and family law matters longer than most civil disputes. A murder conviction may need to be reviewed decades later if new evidence surfaces. A custody order can matter for 18 years or more. A small claims judgment over a few hundred dollars has limited long-term significance. Retention schedules try to match the shelf life of the record to its likely future importance.
Federal Court Retention
The federal judiciary uses two main Records Disposition Schedules. Schedule 1 covers the U.S. Courts of Appeals. Schedule 2 covers the U.S. District Courts, Bankruptcy Courts, the Judicial Panel on Multidistrict Litigation, and several specialized courts. Both sort case files into “permanent” or “temporary” categories with specific destruction timelines.
Criminal Cases
The biggest factor in how long a federal criminal file survives is whether the case went to trial. Any criminal case dated 1970 or later that was terminated during or after trial is permanent and eventually transfers to the National Archives.
For non-trial criminal cases, the retention period tracks the sentence:
- Sentence of 15 years or less: destroyed 15 years after the case closes.
- Sentence between 15 and 30 years: destroyed 30 years after the case closes.
- Life sentence or sentence over 30 years: destroyed 75 years after the case closes.
Some categories stay permanent regardless of whether a trial occurred. Cases involving treason, national security offenses, and cases where a public official was charged with embezzlement, fraud, or bribery are kept indefinitely.
Civil Cases
Federal civil cases follow a similar trial-based split. Civil cases dated 1970 or later that went to trial, along with class actions and multidistrict litigation, are permanent. Most other federal civil files are temporary and destroyed 15 years after the case closes.
A few records are permanent across the board no matter the case type. Docket sheets, case indices, and judgment and order books all transfer to the National Archives after 25 years.
Transfer to the National Archives
When a federal record is designated permanent, the court keeps legal custody while the physical file sits in a Federal Records Center. Typically 15 years later for paper records and 30 years later for electronic records, those files transfer to NARA’s legal custody, where they are preserved for historical research, genealogy, and public access.
State Court Retention
Every state publishes its own retention schedule, and the differences can be dramatic. What one state preserves forever, another can authorize for destruction after a decade. Most states, though, follow recognizable patterns tied to case severity.
Serious felony files are typically permanent. Capital cases and cases resulting in life sentences almost universally fall into that category. Lower-level felony files are often kept for 25 years or more after the case closes, with the exact period varying by state.
Misdemeanor and traffic case files tend to have much shorter retention periods, commonly five to ten years after closing. Small claims cases often follow a similar timeline. Judgments from general civil lawsuits may be retained for ten to twenty years.
Family law records get special treatment almost everywhere. Divorce decrees, child custody orders, and adoption records are frequently kept for very long periods or permanently, because any of them can need to be referenced years or decades later. Juvenile records sit at the opposite extreme. Most states impose shorter retention periods and restrict public access to shield minors from the lasting consequences of early legal involvement.
Why a Record Can Outlive the Court’s File
A court record can keep affecting you long after the court itself has destroyed the file, because private background check companies and credit bureaus maintain their own databases. Federal law puts some limits on how long that information can follow you.
Federal Reporting Limits Under the FCRA
The Fair Credit Reporting Act restricts what consumer reporting agencies can include in a background check or credit report:
- Bankruptcy: cannot be reported more than 10 years after the order for relief.
- Civil suits, civil judgments, and arrest records: cannot be reported more than 7 years after the date of entry, or until the statute of limitations expires, whichever is longer.
- Collections and charge-offs: cannot be reported more than 7 years.
- Criminal convictions: no federal time limit. Convictions are explicitly exempted from the 7-year restriction and can be reported indefinitely.
That last point catches many people off guard. An arrest that never led to a conviction drops off a background report after seven years, but a conviction from 30 years ago can still legally appear.
Expunged Records That Keep Showing Up
Government databases must update once an expungement or sealing order is issued. Private background check companies don’t always update as quickly. They pull data from public records and may keep outdated snapshots. Under the FCRA, you can dispute inaccurate information on a background report and demand corrections. If you’ve had a record expunged or sealed, sending a copy of the court order directly to the major background check companies is the most reliable way to get their databases in line with the court’s.
Getting a Copy of an Old Record
Requesting an old court record starts with identifying which court handled the case. From there, the process depends on how old the record is and whether it sits in a federal or state court.
Federal Records Through PACER
For federal cases, the Public Access to Court Electronic Records system (PACER) is the primary tool. It provides online access to dockets, motions, orders, judgments, and briefs from federal district, bankruptcy, and appellate courts. Pages cost $0.10 each, capped at $3 per document. Audio recordings of hearings cost $2.40 per file. Spend $30 or less in a quarter and PACER waives the fees.
PACER works well for cases filed in the electronic era. Older cases predating e-filing may not be online. For those, contact the clerk’s office at the court that handled the case. If the records have already been transferred to NARA, the National Archives has a process for ordering court records through its regional facilities.
State Records
Access to state court records varies widely. Many states now offer some form of online case lookup, though the depth of information ranges from basic docket entries to full downloadable documents. For records not available online, the courthouse clerk’s office is the starting point. You’ll need enough identifying information to locate the file: a case number, the names of the parties, or at least an approximate filing date.
Older state records are frequently moved to off-site storage or a state archive. The clerk’s office can tell you where a specific file went and how to request it. Expect search and copying fees, which vary by jurisdiction. Certified copies typically cost more than plain copies, often running from a few dollars to $40 or more per document depending on the state.
Sealing and Expunging Records
Sealing and expungement operate independently from retention schedules. A record can be well within its retention period and still be sealed or expunged if a court grants the request. Neither is automatic in most places. You have to file for it.
A sealed record is hidden from public view but not destroyed. Most members of the public can’t find it, but law enforcement and prosecutors can still access it, sometimes with a court order. Expungement goes further. Law enforcement agencies are directed to destroy their records of the arrest and charges, and the court impounds its own file. The case functionally ceases to exist in most official databases.
Eligibility depends on the jurisdiction and the nature of the offense. Common qualifying situations include arrests that didn’t lead to a conviction, dismissed charges, and certain non-violent offenses after a waiting period. Serious offenses such as sex crimes, domestic violence, and DUI convictions are almost universally excluded. The process usually involves filing a petition, paying a filing fee, and in many cases attending a hearing where a judge decides whether to grant the request. Filing fees for expungement petitions generally range from nothing to several hundred dollars depending on the jurisdiction.
Clean Slate Laws
A growing number of states now automatically seal certain records without requiring a petition. As of late 2024, thirteen states plus Washington, D.C. had passed some form of clean slate law. Common features include automatic sealing of non-conviction records such as dismissed charges and acquittals, automatic sealing of certain misdemeanor convictions after a waiting period, and in some states, automatic sealing of lower-level felony convictions for people who have remained crime-free for a specified number of years. Pennsylvania has expanded its clean slate law to cover felony convictions for the first time.
At the federal level, a Clean Slate Act was introduced in the 119th Congress in 2025, which would create an automatic sealing process for certain federal records. It has not been enacted. For now, federal record clearing still requires an individual petition.
Even where clean slate laws exist, automatic sealing doesn’t reach every offense. Violent crimes, sex offenses, and offenses involving minors are typically excluded. Automatic sealing also only affects the court’s records, so the same lag with private background check databases applies. Pulling your own background report after any sealing or expungement is worth doing.