How to Get a Record Expunged (and Cleaned Up Online Afterward)
How to get a record expunged or sealed in the US: checking eligibility, filing the petition, what happens at court, and how to get old records off background checks and Google.
To get a record expunged, check whether your offense and case outcome qualify under your state’s law, wait out any required waiting period, get your criminal history and case documents, then file a petition with the court that handled the case. If the judge grants it, the record is sealed or destroyed and you can generally treat the case as if it didn’t happen for most purposes. Rules differ a lot between states, so a local lawyer or legal aid office is worth a call before you file.
Expungement is the legal half of the job. The second half, which people often miss, is getting mugshot sites, background check companies and search results to stop showing the old record. This guide covers both, in general terms. It’s not legal advice.
Expungement vs sealing: what each one does
States use different words for similar results, and the difference matters for what you can say and who can still see the record.
| Term | What it usually means | Who can typically still see it |
|---|---|---|
| Expungement | The record is erased or destroyed, or treated as never having existed | Very few, sometimes certain law enforcement or licensing bodies |
| Sealing | The record still exists but is hidden from public view | Courts, law enforcement and some government employers or licensing agencies |
| Set aside or vacate | The conviction is cancelled or dismissed, but the record may remain visible with that update | Often the public, with the new outcome noted |
| Pardon | Forgiveness from a governor or the president; it doesn’t necessarily erase the record | Usually the public |
Your state may use one of these terms for something closer to another. Read what the order actually does, not just its name.
Who is eligible
Eligibility is set by state law for state cases. Factors that commonly matter:
- The outcome. Arrests that never led to charges, dismissed cases and acquittals are the easiest to clear. If you want to expunge an arrest record with no conviction, many states allow it sooner and with fewer conditions.
- The type of offense. Minor misdemeanors and some lower-level felonies are often eligible. Serious violent offenses, sex offenses and certain other crimes are commonly excluded.
- Waiting periods. Many states require a set number of years after the sentence ends, including probation, before you can apply.
- Your record since. New convictions or pending charges often reset the clock or disqualify you.
- Completing the sentence. Fines, restitution and probation usually need to be finished.
Federal convictions are a separate matter. There’s no general federal expungement law, and options for clearing federal records are very limited. Talk to a lawyer if your case was federal.
Clean slate laws: automatic clearing
A growing number of states have passed “clean slate” laws that seal certain eligible records automatically after a waiting period, without a petition. Pennsylvania passed the first in 2018, and others have followed with their own rules and timelines.
Automatic doesn’t always mean complete. These laws usually cover specific offense types, may be phased in over several years, and can leave some records for a petition. Check your state court or attorney general’s website to see whether your record has already been cleared, and whether anything remains that you need to file for.
How to get a record expunged, step by step
- Get your records. Request your state criminal history report, often through the state police or a state records agency, and get the case file or docket from the court clerk. You need the case number, charges, dates and final disposition.
- Confirm eligibility. Compare your case to your state’s expungement statute or the court’s self-help pages. Many courts publish eligibility checklists and plain-language guides.
- Get the right forms. Most state courts publish petition forms online or at the clerk’s office. Some counties have their own versions.
- Complete the petition. List every case you want cleared, accurately. Mistakes or omissions are a common reason for delays.
- File with the correct court. This is usually the court where the case was handled. There may be a filing fee, and many courts allow you to request a fee waiver if you can’t afford it.
- Serve the required parties. Many states require you to notify the prosecutor and sometimes the arresting agency, who may have a period to object.
- Attend the hearing if one is scheduled. Some petitions are decided on paper. If there’s a hearing, be ready to explain what you’ve done since, such as work, education, treatment or community involvement.
- Get certified copies of the order. Keep several. You’ll send them to agencies and companies that still show the record.
- Confirm agencies updated their records. Check your state criminal history again after the time the court or agency says processing takes.
If you want to expunge a criminal record with several cases in different counties, you may need a separate petition in each court. Legal aid organizations and some bar associations run free expungement clinics that help with exactly this.
After the order: clearing the record from background checks
An expungement order binds government agencies. Private companies that already copied your record aren’t automatically updated, so this part is on you.
Under the Fair Credit Reporting Act, consumer reporting agencies that sell background checks must follow reasonable procedures to report accurate information, and you have the right to dispute inaccurate or incomplete information in your file. Reporting a sealed or expunged record as if it were still public is the kind of error a dispute is designed for.
- Request your background reports from the major screening companies. You’re entitled to see your own file.
- Dispute any expunged or sealed record in writing, with a copy of the court order.
- Keep copies of everything you send and the responses.
- Recheck later. Records can reappear if a company buys old data from another source.
If a company keeps reporting an expunged record after a dispute, a consumer protection lawyer can advise on your rights under the FCRA.
Not sure where to start?
Get a free audit of your search results and review profiles, with a prioritized fix list.
Get a free auditAfter the order: cleaning up search results and mugshot sites
Getting your record expunged doesn’t remove a mugshot site’s page, a people-search listing or a local news story. Each needs its own request:
- Mugshot sites: many will remove a booking photo when shown an expungement or dismissal, and several states have laws restricting mugshot sites that charge for removal. Our guide on removing a mugshot from the internet covers the process.
- Court record aggregators and people-search sites: send the order with an opt-out or correction request. See our guide on removing court records from Google.
- News articles: publishers rarely delete stories, but some will update an article to note the case was dismissed or expunged, or remove your name. A short, polite request with the order is the best approach.
- Google: once a page changes or comes down, use Google’s “Refresh outdated content” tool so the old snippet disappears from results.
A worked example
This is an illustrative scenario, not a real client.
Jordan was arrested for a misdemeanor at 22. The charge was later dismissed, but eight years on, a mugshot and an arrest listing still come up when employers search his name.
- He gets his state criminal history and the court docket showing the dismissal.
- His state lets people get a dismissed arrest record expunged without a waiting period, so he files the court’s standard petition and asks for a fee waiver.
- The prosecutor doesn’t object, and the petition is granted without a hearing. He orders certified copies.
- He disputes the record with two background check companies, sends the order to the mugshot site and a people-search site, and asks a local paper to update its short arrest item.
- As each page changes, he submits Google refresh requests.
The paper adds a note rather than removing the item, and he decides that’s acceptable. The mugshot and listings come down. How long each step takes depends on the court, the agencies and the websites involved.
Common mistakes
- Assuming you’re not eligible. Eligibility has widened in many states. Check the current rules, not what you heard years ago.
- Leaving cases off the petition. An incomplete petition can mean refiling.
- Paying a site to remove your mugshot. Use the order and the law instead; paid removal often doesn’t last.
- Stopping at the court order. Private databases and search results need their own follow-up.
- Misunderstanding what you can say. In many states you can deny an expunged record on most job applications, but there are exceptions for some government jobs, licenses and immigration matters. Check your state’s rules or ask a lawyer.
When reputation help makes sense
If the record is cleared but articles or listings still dominate your name in search, that’s a search result problem as much as a legal one. Our content removal service works through the sites that will act on an expungement order and tells you honestly which items are likely to stay. For publishers that won’t budge, strengthening accurate, positive results for your name is often the more realistic path.
Frequently asked questions
How long does it take to get a record expunged?
It depends on the state and the court. Some petitions are decided within a few weeks, while others take several months, especially if the prosecutor objects or a hearing is needed. Updating agency and private databases takes additional time after the order.
Can I expunge an arrest record if I wasn't convicted?
In most states, arrests that didn’t lead to a conviction are among the easiest records to clear, often with shorter or no waiting periods. Some states clear them automatically. Check your state’s rules or court self-help pages.
Does expungement remove my record from Google?
Not by itself. The court order updates official records, but websites that copied the record must be asked separately. Once a page is changed or removed, Google’s “Refresh outdated content” tool helps the old result drop out of search.
Do I need a lawyer to get a record expunged?
Not always. Many people file on their own using court forms and self-help guides. A lawyer or legal aid clinic is worth it if eligibility is unclear, you have multiple cases or states, or immigration or licensing is involved.