A criminal record in the United States generally lasts forever. Arrests and convictions enter state and federal databases when they happen, and nothing in those systems purges them automatically after a set number of years. The only way to shorten how long a criminal record lasts is a specific legal step — sealing, expungement, or, in a growing number of states, automatic clearing under a Clean Slate law — and only certain offenses qualify.
Why Records Don’t Expire on Their Own
When you’re arrested, fingerprinted, and booked, the information goes into state repositories and into the FBI’s criminal history system. A conviction from 1995 will still appear in those databases in 2026 unless a court has ordered it removed or sealed. The public can reach much of this information through court filings, state criminal history repositories, and commercial background check services. Law enforcement and certain government agencies see even more, including the FBI’s Criminal Justice Information Services systems, which are also available to agencies running background checks for child placement, employment, housing, and licensing.1United States Department of Justice. National Crime Information Systems
There is no universal expiration date. What changes over time is not the record itself but who is allowed to see it and use it.
Arrests vs. Convictions
An arrest record is created whenever police take you into custody. It doesn’t mean you were charged, let alone convicted. Charges may never be filed, a prosecutor may drop the case, or you may be acquitted, and the arrest still shows up in the database. Without a reported disposition explaining how the case ended, that bare entry can cost someone a job or a benefit.2Federal Bureau of Investigation. Arrest Dispositions
A conviction record reflects a finding of guilt after a plea or trial. Misdemeanor or felony, it becomes part of your permanent criminal history unless you successfully petition to change that. Convictions are harder to clear than arrests, and they follow you longer in the places most people care about, such as background reports for jobs and housing.
The Seven-Year Rule on Background Checks
Commercial background check companies are governed by the Fair Credit Reporting Act. Under federal law, most negative information has to drop off a report after seven years, including non-conviction arrest records, civil judgments, and collections.
Convictions are the exception. The statute specifically carves them out, so a background check company can report a criminal conviction indefinitely.3Office of the Law Revision Counsel. United States Code Title 15 Section 1681c – Requirements Relating to Information Contained in Consumer Reports Put plainly: an old arrest without a conviction should fall off commercial reports after seven years under federal law. An old conviction can appear on those reports for the rest of your life.
Roughly ten states go further than federal law. California, Massachusetts, Montana, and New Mexico prohibit reporting convictions older than seven years at all. Kansas, Maryland, New Hampshire, and Washington apply their seven-year limit only to positions paying below a certain salary threshold. In every other state, federal law is the floor and there is no ceiling.
Sealing a Record
When a court seals your record, the record still exists but is hidden from public view. It won’t show on a standard criminal history search, and most employers and landlords won’t see it. Sealed records typically remain accessible to law enforcement, certain licensing agencies, and immigration authorities. If you apply for a job that requires carrying a firearm, for example, the sealed record may still be visible to that employer. A court can also unseal the record in specific circumstances.
Expungement
Expungement goes further. It either destroys the record or removes it from public databases entirely. In many states, an expunged record legally allows you to deny the arrest or conviction ever happened. Some states physically destroy the files; others keep internal copies accessible only to law enforcement. Either way, an expunged offense should not appear on background checks or court record searches.
Expungement has real limits, though. A court order cannot reach news articles, social media posts, or other public traces of the event that exist outside the court system. If your arrest was covered by a local newspaper, that story does not vanish when the court grants expungement.
How the Process Works
Both sealing and expungement typically require filing a petition in the court that handled the original case. You’ll usually need to show that you’ve completed your entire sentence, including probation and any financial obligations such as fines and restitution. Most states impose a waiting period after sentence completion before you can file. Depending on the jurisdiction and the case, the court may hold a hearing or decide on the paperwork alone. If the petition is granted, the court issues an order directing agencies to seal or destroy the record. Filing fees generally range from nothing to about $500, plus possible costs for fingerprinting and notarization.
Waiting periods vary by offense. For misdemeanors, the wait usually runs one to five years after sentence completion. For felonies, it’s often three to ten. “Completion of sentence” means all of it: jail or prison, probation, parole, community service, fines, fees, and restitution. If you still owe court-ordered money, the clock may not have started.
Clean Slate Laws
Historically, clearing a record meant knowing the option existed, finding the right court, filing the right paperwork, and often hiring a lawyer. Only a small fraction of eligible people actually followed through. Clean Slate laws are meant to fix that by making record clearing automatic.
As of late 2025, thirteen states plus Washington, D.C. have passed Clean Slate legislation. The details vary, but the framework is similar: after a set number of years without a new offense, eligible records are automatically sealed or expunged without any petition. Typical timelines run from about one year for misdemeanors to seven or ten years for felonies. Violent crimes, sex offenses, and offenses involving minors are almost universally excluded.
Where Clean Slate is in effect, hundreds of thousands of records may be cleared that would otherwise have sat in public databases forever. In states without such a law, the traditional petition process remains the only path.
Federal Convictions Are Almost Permanent
Federal convictions are much harder to clear than state convictions. There is no general federal expungement statute, and federal courts have consistently held that they lack inherent authority to expunge valid convictions except in extraordinary circumstances, such as an arrest or conviction that was constitutionally invalid or resulted from a clerical error.
The one narrow exception is the Federal First Offender Act, which applies to a very specific group: people who were under 21 at the time of the offense, were convicted of misdemeanor drug possession, had no prior drug convictions, and successfully completed probation. For anyone else convicted of a federal crime, the record is essentially permanent.
A presidential pardon removes the legal penalties of a federal conviction but does not erase the record. The Department of Justice has made clear that a pardon and expungement are distinct actions and that a pardon alone does not require courts or agencies to delete any records.4United States Department of Justice. Whether a Presidential Pardon Expunges Judicial or Executive Branch Records The conviction remains a historical fact even after a pardon is granted.
What Usually Can’t Be Cleared
Even at the state level, not every conviction qualifies for sealing or expungement. Common exclusions include:
- Violent felonies, such as crimes involving physical assault, kidnapping, or murder.
- Sex offenses, particularly those requiring registration.
- Crimes against children.
- DUI/DWI in several states, either permanently or only after extended waiting periods and often only for a first offense.
- Repeat offenses, where multiple convictions within a set time frame can disqualify you from clearing any of them, even offenses that would otherwise be eligible.5National Conference of State Legislatures. Record Clearing by Offense
Eligibility rules differ enough between states that an offense ineligible in one state might be clearable in another. Check the rules in the state where the conviction happened, not where you live now.
Juvenile Records Are Treated Differently
Juvenile records get stronger privacy protections than adult records. Every state requires some degree of confidentiality for juvenile court proceedings, and the tools used to restrict access — confidentiality rules, sealing, and expungement — are legally distinct and vary widely in strength.6Office of Justice Programs. Expunging Juvenile Records: Misconceptions, Collateral Consequences, and Emerging Practices Some states automatically seal juvenile records when the person turns 18 or 21, or after a period without new offenses. Others require you to petition a court. Even where sealing is automatic, entities that conduct fingerprint-based background checks may still see the record.
An attorney isn’t legally required to petition for sealing or expungement in most jurisdictions, but the procedure involves enough detail that many people find one worth the cost, especially for felony-level offenses.