To clean your criminal record, you generally pursue one of four paths: expungement, record sealing, an executive pardon, or a correction if the record contains errors. Which one fits depends on the offense, your state’s rules, and how much time has passed since your sentence ended. A growing number of states now clear qualifying records automatically under Clean Slate laws, so in some cases the work may already be done for you. Federal convictions are the hardest to touch, and even a successful expungement has limits you should know about before you file.
The Four Paths and What Each One Actually Does
The differences matter, because they change what shows up on a future background check and what you can legally say when asked about your past.
Expungement is a court order that destroys or removes a conviction or arrest from official records. In most states, an expunged record is treated as though it never happened, and you can legally deny the arrest or conviction on most job applications.1Legal Information Institute. Expunge
Record sealing is different. The record still exists but is hidden from public view. Law enforcement and certain government agencies can still access it. Private employers running a standard background check should not see it.
An executive pardon is formal forgiveness of a conviction by a governor or the President. It restores civil rights lost because of the conviction, but the conviction itself stays on your record as a historical fact.2National Governors Association. The Governors Clemency Authority – An Overview of State Pardon and Commutation Processes
A record correction fixes factual mistakes — a wrong charge, a case that belongs to someone else, or a missing disposition showing a case was actually dismissed.
Some states use “expungement” and “sealing” interchangeably. What matters is the practical effect where you live: who can still see the record after the court order, and whether you can lawfully answer “no” when asked about past convictions.
Who Qualifies for Expungement or Sealing
Eligibility varies by state, but the pattern is consistent. Misdemeanors are easier to clear than felonies. Most states exclude violent crimes, sex offenses, and crimes against children entirely.
Beyond offense type, you’ll typically need to show all of the following:
- Your sentence is complete — jail or prison time served, probation or parole finished, and any court-ordered classes or community service done.
- All fines, fees, and victim restitution are paid. Outstanding balances block most petitions.
- The waiting period has passed. This ranges from immediate eligibility for minor offenses in some states to eight or more years for felonies in others.
- You’ve had no new arrests or convictions since the original case.
Juvenile records follow separate and usually more generous rules. Many states seal juvenile records automatically once the person reaches adulthood, or allow sealing with a shorter waiting period and fewer restrictions on offense types.
Before you check eligibility, pull your case details together: the case number, exact charges, conviction date, and the county where the case was resolved.
How to File a Petition
The petition process follows a similar path across most states, even though forms and timelines differ.
Start with your state court system’s website. Many states publish downloadable expungement or sealing packets with instructions. If you can’t find them online, the clerk of court in the county where your case was heard can point you to the right paperwork.
Complete the forms and file them with the court that handled your original case. You’ll pay a filing fee at this stage, typically between $100 and $400, though some states waive the fee for people who can demonstrate financial hardship.
Most states require you to serve notice of the petition on the prosecutor’s office and sometimes the arresting agency. This gives them the opportunity to object. If no one objects and your case is straightforward, some courts grant the petition without a hearing. Where a hearing is required, be prepared to explain what you’ve done since the conviction and why clearing the record serves the interests of justice. A judge weighs the severity of the original offense, your conduct since, and whether you’ve met the statutory requirements.
If the petition is granted, the court issues an order directing law enforcement agencies and court record-keepers to seal or destroy the relevant records. For arrests that were reported to the FBI, the court order or your state’s identification bureau will notify the FBI to update its files.3FBI. Identity History Summary Checks Frequently Asked Questions
You can file a petition on your own using court forms, but hiring a lawyer generally costs between $500 and $2,000 depending on complexity and location. Legal aid organizations in many areas offer free or reduced-cost help, and some states run expungement clinics where volunteer attorneys file petitions at no charge. If cost is a concern, searching for legal aid in your county is a reasonable first step.
Automatic Clearing Under Clean Slate Laws
A growing number of states now clear qualifying records automatically, no petition needed. As of 2025, thirteen states and Washington, D.C. have enacted Clean Slate laws. Pennsylvania led the way in 2018, and states including Utah, Michigan, California, New York, and Illinois have followed.
The mechanics vary, but the idea is the same: the state’s court or criminal justice database periodically reviews records and automatically clears those that meet the eligibility criteria. Covered offenses are typically limited to misdemeanors and low-level nonviolent felonies, with sex offenses and violent crimes excluded. Waiting periods still apply — the automatic process kicks in only after enough time has passed and the person has stayed out of trouble.
If you live in a Clean Slate state, check whether your records have already been cleared before paying to file a petition. Some states are still phasing in their automated systems, so the technology may lag the law. If it does, you can still file a traditional petition rather than wait for the automation to catch up.
Federal Convictions Are a Separate Problem
This is where most people hit a wall. There is no general federal expungement statute.
The one narrow exception is for first-time simple drug possession. Under federal law, if you were found guilty of simple possession of a controlled substance, had no prior drug convictions, and were under twenty-one at the time of the offense, the court can place you on probation for up to one year without entering a conviction. If you complete probation successfully and were under twenty-one, the court must expunge the record on your application.4Office of the Law Revision Counsel. 18 USC 3607 – Special Probation and Expungement Procedures for Drug Possessors
For everyone else with a federal conviction, a presidential pardon is the primary avenue for relief, and it doesn’t erase the record. If you have both state and federal charges from the same incident, the state charges may be eligible for expungement under state law while the federal charges remain.
Executive Pardons
A pardon is fundamentally different from expungement. It doesn’t erase your conviction; it forgives it. The conviction remains a historical fact on your record, but the pardon formally removes the legal penalties and restores civil rights you lost.2National Governors Association. The Governors Clemency Authority – An Overview of State Pardon and Commutation Processes
The President can only pardon federal offenses. State governors handle pardons for state crimes, sometimes acting alone and sometimes through a state board of pardons. The President’s pardon power is broad — it covers any federal offense and can be exercised before charges are filed, during prosecution, or after conviction.5Constitution Annotated. ArtII.S2.C1.3.1 Overview of Pardon Power
Restored rights typically include voting and the ability to hold public office. Firearm rights are more complicated: state pardons that restore civil rights generally remove the federal firearms prohibition, but the details depend on what the pardon specifically says and how state law treats the restoration. If restoring gun rights is a priority, get specific legal advice on how your pardon interacts with both federal and state firearms laws.
After receiving a pardon, you may still need to disclose the underlying conviction when asked, but you can also state that you received a pardon.
Applying for a Federal Pardon
The Department of Justice requires a minimum waiting period of five years. That clock starts on the date you were released from confinement, not the date of conviction or sentencing. If your sentence didn’t include any confinement, the five years runs from the date of sentencing. You should also have fully completed any probation, parole, or supervised release before applying.6eCFR. 28 CFR 1.2 – Eligibility for Filing Petition for Pardon
You submit the petition to the Office of the Pardon Attorney at the Department of Justice. It requires a detailed personal history, an explanation of why you’re seeking the pardon, and evidence of rehabilitation — employment history, community involvement, and character references.7eCFR. 28 CFR 1.1 – Submission of Petition; Form To Be Used The office investigates, contacts the original prosecutors, and makes a recommendation to the President. The process takes years, and most petitions are denied.
Applying for a State Pardon
Processes vary widely. Some states route applications through a board of pardons that makes recommendations to the governor. Others give the governor sole authority. Waiting periods, application requirements, and approval rates differ from state to state. Contact your state’s pardon board or governor’s office for specific instructions.
Fixing Errors on Your Record
Errors on criminal records are more common than people realize. Arrests that ended in dismissal may show up without the disposition. Charges may be listed incorrectly. Someone else’s record may appear on yours because of a shared name or a data entry mistake.
Start by getting a copy of your criminal history. For your federal record, request an Identity History Summary from the FBI. The cost is $18, and fee waivers are available if you can’t afford it.3FBI. Identity History Summary Checks Frequently Asked Questions For state records, contact your state’s criminal records repository, usually housed in the state police or department of public safety. Many states also allow online requests.
Once you identify an error, the correction process depends on where the mistake originated. If the arresting agency reported incorrect information to the state or FBI, that agency has to submit the correction. If court disposition data is missing or wrong, contact the clerk of court that handled the case and request a certified copy of the correct disposition, then submit that documentation to the records agency. For FBI records, you can challenge inaccurate information at no cost, and the FBI aims to process challenges within 45 days.3FBI. Identity History Summary Checks Frequently Asked Questions
What Cleaning Your Record Does Not Fix
Even a successful expungement or pardon leaves gaps that surprise people.
Immigration
If you are not a U.S. citizen, an expunged conviction still counts as a conviction for immigration purposes. U.S. Citizenship and Immigration Services takes the position that a state court expungement does not remove the underlying conviction in the immigration context. An expunged drug conviction or crime involving moral turpitude can still make you inadmissible or deportable, and USCIS can require you to produce records even if they’ve been sealed by a state court.8USCIS. Chapter 2 – Adjudicative Factors
Private Background Check Databases
Court records get scraped by commercial data brokers and background check companies long before you petition. After a court grants your petition, government databases get updated, but the private databases that employers actually search may still show the old record. Under the Fair Credit Reporting Act, consumer reporting agencies are not supposed to report expunged or sealed records.9FTC. What Tenant Background Screening Companies Need to Know About the Fair Credit Reporting Act Arrests that didn’t lead to conviction also cannot be reported after seven years.10Office of the Law Revision Counsel. 15 USC 1681c – Requirements on Consumer Reporting Agencies
In practice, stale records slip through. After you receive an expungement order, run a personal background check on yourself before applying for jobs or housing. If the expunged record still appears, you have the right to dispute it with the reporting company, and the company is legally required to investigate and correct the error. An employer who receives a background report containing expunged information and decides not to hire you must first send you a pre-adverse action notice and a copy of the report, giving you a chance to respond.
Professional Licensing
Many state licensing boards for healthcare, law, education, and law enforcement retain access to sealed records and may require you to disclose expunged or sealed convictions on applications. Rules vary by state and profession. Some states prohibit licensing boards from denying a license based solely on criminal history, but those protections don’t always eliminate the disclosure requirement. If you’re pursuing a license, check with the specific board before assuming your cleaned record settles the question.
Security Clearances and International Travel
Federal security clearance applications require disclosure of all criminal history, including expunged and sealed records. Lying on a clearance application is a federal offense.
Foreign countries make their own entry determinations. Canada, for example, may deny entry based on a conviction even if it was expunged in the United States. A U.S. expungement or pardon does not automatically count in Canada; the Canadian visa office evaluates whether the pardon is valid under Canadian law.11Canada.ca. Overcome Criminal Convictions Other countries have their own rules. If international travel matters, research the entry requirements of specific countries before assuming a cleaned record clears the way.
If You Don’t Qualify: Certificates of Rehabilitation
If the offense type, a felony conviction, or your state’s rules leave you outside expungement eligibility, a certificate of rehabilitation may be worth pursuing. These are court orders declaring that you’ve been rehabilitated. They don’t hide your record; they add an official statement of good character on top of it.12National Conference of State Legislatures.