{"id":352413,"date":"2023-08-22T11:59:06","date_gmt":"2023-08-22T16:59:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/expungement\/expungement-eligibility.html"},"modified":"2023-08-22T11:59:06","modified_gmt":"2023-08-22T16:59:06","slug":"expungement-eligibility","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/expungement\/expungement-eligibility.html","title":{"rendered":"Expungement Eligibility"},"content":{"rendered":"\n
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Expungement Eligibility<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Meagan Neil, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Expunging your arrest record or criminal charges can open many opportunities for you. Many jobs require a background check as part of the hiring process. Even minor infractions may prevent potential employers from considering you. Criminal convictions can prevent you from getting certain professional licenses. They can disqualify you from student loans and housing. If you qualify, applying for an expunction would be worth your time and the filing fees.<\/p>\n\n <\/div>\n\n

What Is The Correct Term: Expunction, Annulment, or Expungement?<\/h2>\r\n

States have various terms for expungement<\/a>. Some call it an annulment; others call it an expunction. These are all generally the same thing. An expungement will erase an entry on your criminal history. It’s as if the event never happened. A few states even destroy the physical court records of your offense. You can honestly say in most circumstances that you have never been arrested or convicted of a crime without risk of perjury.<\/p>\r\n

While an expungement erases your criminal record, it is not entirely gone. Should you get arrested again, law enforcement agencies may have access to your prior history, even with an expungement order. The judicial system may consider these previous charges when handling your criminal case.<\/p>\r\n

Records may still appear at a federal level. This can be especially difficult if you are applying for a federal job or immigration benefits, or need a national security clearance. Seek legal advice from a criminal defense attorney<\/a> in your area if you want to learn more about how to clear your record.<\/p>\r\n

Sealing Criminal Records or Setting Aside Convictions<\/h2>\r\n

Several states do not offer expunctions. Expungement also is not available for federal crimes except in very limited circumstances.<\/p>\r\n

Your state may only seal<\/i> your criminal history, keeping it from public view. A general background check for a job or apartment will not display that record.<\/p>\r\n

Sealing your records is not the same as expunging them. A sealed record still exists. Some agencies, including law enforcement, can see it on your criminal record. A court order can unseal your records.<\/p>\r\n

Having a criminal conviction set aside does not remove it from public record. The charges will still be visible. It simply notes that your charges or conviction has been \u201cset aside." It means you have not had a conviction or a conviction is considered overturned.<\/p>\r\n

Am I Eligible?<\/h3>\r\n

Expungement laws vary by state. It is within the judge or attorney general’s discretion whether to grant or deny your request. Expunction may not be guaranteed.<\/p>\r\n

Generally, a person’s criminal record must meet specific standards to qualify. Expungement eligibility usually depends on several factors, including those listed below.<\/p>\r\n

Where the Offense Occurred<\/h3>\r\n

The state where the offense happened is a significant factor in whether you can have your criminal history cleared. An expungement petition gets submitted in the same court that filed your case. Certain states do not expunge criminal records but may have other options. Other states will not expunge criminal convictions but may expunge misdemeanor offenses, acquittals, or dismissed charges.<\/p>\r\n

If your state doesn’t offer any of these options, you may be able to seek a pardon from your state’s governor. You can check your state’s laws on FindLaw’s Expungement and Criminal Records: State-Specific Information<\/a> page.<\/p>\r\n

Age at the Time of the Offense<\/h3>\r\n

If you were a juvenile<\/a> when charged or adjudicated<\/a>, it might be easier to have your record expunged or sealed. Often, states will automatically seal your juvenile criminal history or expunge your juvenile records when you reach the age of majority, usually 18.<\/p>\r\n

You should know that law enforcement may be able to access the expunged records if you get arrested as an adult. Those offenses can come into consideration when dealing with your new charges.<\/p>\r\n

The Seriousness of the Crime<\/h3>\r\n

The type of criminal offense<\/a> you were charged with is a big factor in whether you may have your record expunged. Many states will not expunge felony convictions. The best way to understand if your case can be expunged is to talk with a criminal defense attorney<\/a> in your area.<\/p>\r\n

Certain serious felony charges and violent crimes are not eligible for expungement. These include murder, felony domestic violence, arson, and sex crimes, especially involving a child. This also can vary by the state in which you live.<\/p>\r\n

The Outcome of Your Case<\/h3>\r\n

You’ll need to have successfully completed the following things before the courts will consider expungement:<\/p>\r\n