Before investing time and money in pursuing expungement, you need to determine whether your particular conviction qualifies for record clearing under your state's laws. Expungement eligibility varies dramatically across states, with some jurisdictions offering broad access to record clearing while others maintain strict limitations. Understanding the specific eligibility requirements in your state helps you assess your chances and avoid pursuing relief that is not available to you.
Offense-Based Eligibility
The type of offense on your record is often the primary factor determining expungement eligibility. Most states categorize offenses into those that can be expunged and those that cannot. Misdemeanors are generally more likely to qualify than felonies, and non-violent offenses are more likely to qualify than violent crimes. Many states maintain specific lists of eligible and ineligible offenses in their expungement statutes.
Common offenses that typically qualify for expungement include minor drug possession charges, theft of low-value property, disorderly conduct, simple assault in some states, certain traffic offenses, and first-time DUI in some jurisdictions. The trend has been toward expanding eligibility, with many states recently broadening the categories of offenses that can be expunged as part of criminal justice reform efforts.
Offenses That Cannot Be Expunged
Serious violent felonies are almost universally excluded from expungement eligibility. Murder, manslaughter, kidnapping, and armed robbery typically cannot be expunged regardless of how much time has passed. Sex offenses and crimes against children are similarly excluded in virtually all states, reflecting the judgment that these offenses are too serious to allow the records to be sealed.
Other commonly excluded offenses include domestic violence convictions, offenses committed against public officials, certain firearms offenses, and offenses that resulted in serious bodily injury. Some states exclude any offense that resulted in prison time as opposed to probation. Federal convictions generally cannot be expunged through state court proceedings and face their own limitations under federal law.
Time Requirements
Most states require a waiting period between completing your sentence and becoming eligible for expungement. This waiting period serves multiple purposes, including allowing time to demonstrate rehabilitation and ensuring that the criminal justice system has fully concluded its involvement with your case. Waiting periods typically range from one to ten years depending on the offense severity and state law.
The waiting period usually begins after you complete all aspects of your sentence, including any period of probation, parole, or supervised release. Paying all fines, court costs, and restitution is typically required before the clock starts. Some states have different waiting periods for different types of offenses, with misdemeanors having shorter waits than felonies.
Criminal History Limitations
Your overall criminal history affects expungement eligibility in many states. Some states limit expungement to first-time offenders, reasoning that repeat offenders have demonstrated a pattern of criminal behavior that should remain on record. Other states allow expungement of multiple offenses but impose numerical limits on how many convictions can be cleared in a lifetime.
States that allow expungement of multiple offenses may still require that you have no convictions during the waiting period. Any new criminal activity typically resets your eligibility or may disqualify you entirely. This requirement encourages ongoing law-abiding behavior and helps ensure that expungement is granted to people who have genuinely reformed.
Arrest Records and Dismissed Cases
Even if you were never convicted, arrest records can cause problems on background checks. Most states allow expungement of arrest records when no charges were filed, charges were dismissed, or you were acquitted. These records can be particularly unfair because they suggest criminal involvement even though the justice system determined you were not guilty or that charges were not warranted.
The eligibility requirements for expunging arrest records without conviction are typically less stringent than for conviction records. Waiting periods may be shorter or nonexistent, and the range of eligible offenses is often broader. If you were arrested but not convicted, expunging that arrest record should be a priority since it reflects an encounter with the justice system that did not result in any finding of wrongdoing.
Juvenile Records
Records from the juvenile justice system are often treated differently than adult records, with broader eligibility for sealing or expungement. The philosophy underlying juvenile justice emphasizes rehabilitation over punishment, and sealing juvenile records supports the goal of allowing young people to move past mistakes without having their adult lives defined by youthful behavior.
Many states automatically seal juvenile records when the individual reaches a certain age, while others require a petition similar to adult expungement. Even serious juvenile offenses may be eligible for sealing that would not qualify if committed as an adult. If you have a juvenile record affecting your opportunities, investigating sealing options should be a priority.
Deferred Adjudication and Diversion
If you completed a deferred adjudication program, pretrial diversion, or similar alternative disposition, your eligibility for expungement may differ from standard convictions. Many of these programs specifically provide for expungement upon successful completion, allowing participants to avoid a permanent conviction record if they fulfill all program requirements.
The specific terms of your alternative disposition affect your expungement rights. Some programs result in automatic expungement upon completion, while others require you to file a petition. Review the terms of your original plea agreement or program participation agreement to understand what record-clearing options you have and whether any waiting periods apply.
Determining Your Eligibility
Given the complexity and state-specific nature of expungement eligibility, determining whether you qualify often requires research into your specific state's laws. Start by obtaining copies of your complete criminal record from both state and FBI repositories to understand exactly what appears on your record. This ensures you identify all records that need to be addressed.
Consulting with an expungement attorney in your state provides the most reliable assessment of your eligibility. Many attorneys offer free consultations to evaluate expungement cases. Legal aid organizations and court self-help centers may also provide guidance on eligibility requirements. Taking the time to confirm eligibility before filing saves money and prevents the disappointment of having a petition denied.