How to Seal or Expunge Your Criminal Records

A criminal record can follow you for decades, affecting employment, housing, education, and even personal relationships. But depending on your state and the nature of the offense, you may be able to have that record sealed or expunged entirely. This guide explains the difference between the two, walks you through the process, and covers important developments in automatic expungement laws across the country.

Expungement vs. Sealing: What Is the Difference?

These two terms are often used interchangeably, but they are legally distinct:

• Expungement destroys the record. Once a record is expunged, it is treated as though the arrest or conviction never happened. The record is physically or digitally deleted from court and law enforcement databases. In most states, you can legally deny the event ever occurred on job applications and in other contexts.
• Sealing restricts access to the record. A sealed record still exists, but it is hidden from public view. Most employers, landlords, and members of the public cannot see it. However, certain government agencies, law enforcement bodies, and courts may still access sealed records under specific circumstances.

Whether your state offers expungement, sealing, or both depends entirely on state law. Some states use only one mechanism, while others provide both options depending on the type of offense.

Who Qualifies for Expungement or Sealing?

Eligibility varies widely by state, but expungement or sealing is generally available for the following situations:

• Dismissed cases: If charges were dropped or dismissed, most states allow expungement.
• Acquittals: If you were found not guilty at trial, many jurisdictions permit clearing the record.
• Deferred dispositions: If you completed a pre-trial diversion program, deferred adjudication, or conditional discharge, the underlying charge is typically eligible.
• Certain misdemeanor convictions: Many states allow expungement of lower-level misdemeanors after a waiting period, provided you have not committed additional offenses.
• Juvenile records: Most states offer sealing or expungement for offenses committed as a minor.

The Rise of Automatic Expungement and Clean Slate Laws

One of the most significant developments in criminal record reform is the growing number of states adopting automatic expungement, often called "Clean Slate" laws. Instead of requiring individuals to hire an attorney and navigate a complex petition process, these laws shift the burden to the state, which identifies and clears qualifying records automatically.

Utah: Automatic Clearance (January 1, 2026)

As of January 1, 2026, Utah's courts now automatically identify and clear qualifying criminal records without requiring the individual to file a petition. The system reviews cases for eligibility based on the type of offense, time elapsed, and the individual's subsequent criminal history, then processes clearance without any action from the record-holder.

Virginia: Automatic Sealing (July 1, 2026)

Beginning July 1, 2026, Virginia will automatically seal records of misdemeanor acquittals and dismissals with prejudice. This means that individuals who were found not guilty or whose cases were dismissed on the merits will no longer need to petition the court to have those records removed from public view.

Other States With Clean Slate Laws

A growing number of states have enacted or are implementing automatic expungement or sealing laws, including Pennsylvania, Michigan, Utah, Connecticut, Delaware, Oklahoma, Colorado, New Jersey, and others. These laws typically cover non-violent misdemeanors and, in some cases, certain non-violent felonies after a specified waiting period with no subsequent offenses.

How to File a Petition for Expungement or Sealing

If your state does not offer automatic clearance for your type of record, you will need to file a petition. Here is the general process:

1. Identify the court. You must file your petition in the same court where the prosecution took place. If your case was in a county criminal court, that is where you file.
2. Obtain your criminal history. Request a copy of your criminal record from your state's bureau of investigation or the court clerk's office. You need to know exactly what is on your record before you can petition for its removal.
3. Check your eligibility. Review your state's expungement or sealing statutes to determine whether your offense qualifies, what waiting periods apply, and whether any outstanding fines or restitution must be paid first.
4. Complete the petition forms. Many courts provide standardized expungement petition forms through their clerk's office or self-help center. These typically require your case number, the date of arrest or conviction, the charges, and the disposition.
5. File the petition and pay any fees. Filing fees vary by state and jurisdiction, typically ranging from $0 to $300. Some states waive fees for indigent petitioners.
6. Attend a hearing (if required). Some jurisdictions require a hearing where a judge reviews your petition. The prosecutor may object. In other cases, the judge reviews the petition without a hearing.
7. Receive the court order. If the judge grants your petition, the court issues an order directing law enforcement agencies and court systems to expunge or seal the record.

After Expungement: The Data Broker Problem

Here is what catches many people off guard: even after a court grants expungement, your criminal record information may continue to appear on the internet. Data brokers, people-search sites, mugshot websites, and background check services scrape public records databases continuously. Once that data has been copied into their systems, a court order does not automatically remove it from those third-party sites.

This means your arrest record, mugshot, or case details could still appear when an employer, landlord, or anyone else searches your name online, even though the record has been legally destroyed or sealed.

To fully benefit from expungement, you need to address these secondary sources of exposure:

• Mugshot sites: Many states have passed laws prohibiting mugshot sites from charging fees for removal, but you still need to submit individual takedown requests.
• People-search sites: Spokeo, BeenVerified, TruePeopleSearch, and similar sites may still display old arrest or court data. Each requires a separate opt-out process.
• Background check databases: Commercial screening companies must update their records to reflect expungements, but delays are common.
• Google search results: Cached pages and indexed content can persist in search results long after the underlying data is removed.

PrivacyOn automates this cleanup. After you obtain your expungement or sealing order, PrivacyOn continuously monitors over 100 data broker and people-search sites for your personal information, including criminal record data, and submits removal requests on your behalf. Because data brokers regularly refresh their databases, one-time removal is never enough. PrivacyOn's ongoing monitoring ensures that when your information reappears, it gets removed again automatically.

Consult Your State's Laws or a Local Attorney

Criminal record expungement and sealing laws differ dramatically from state to state. What qualifies in California may not qualify in Texas. Waiting periods, fee structures, hearing requirements, and the scope of what gets cleared all vary. Many legal aid organizations and public defender offices offer free expungement clinics, and a growing number of attorneys specialize in record clearing with free initial consultations.

Start by searching your state's judicial website for expungement forms and eligibility guidelines, or contact the clerk of the court where your case was handled. For complex cases involving multiple charges, convictions in different jurisdictions, or federal records, working with an attorney is strongly recommended.

Clearing your criminal record is one of the most impactful steps you can take toward a fresh start. Pair the legal process with data broker removal through PrivacyOn, and you can ensure that your past stays where it belongs: in the past.