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Expungement and Record Sealing: The Basics

Why an arrest record outlives a dismissed case, and what can be done about it.

An arrest leaves a record even when nothing follows it. Charges dropped, case dismissed, found not guilty — the arrest record persists, and it surfaces in background checks for years. Expungement and sealing are the legal mechanisms for dealing with that.

Expungement versus sealing

Terminology varies by state, and the difference matters. Expungement generally means the record is destroyed or treated as though it never existed. Sealing generally means it continues to exist but is hidden from public view, while remaining visible to courts and law enforcement. Some states use one term for both; some offer only one.

What is usually eligible

Cases that ended without conviction — dismissals, acquittals, charges never filed, completed diversion programmes — are the most commonly eligible. Many states also allow relief for certain older convictions after a waiting period, typically excluding serious violent offences and sex offences.

What is usually not

Serious violent felonies, offences requiring registration, and in many states repeat convictions are excluded. Pending cases are not eligible while pending.

It is a court process, not a form

Relief generally requires a petition to the court, sometimes with a filing fee, sometimes with a hearing, and frequently with notice to the prosecutor, who may object. Timelines run from weeks to many months. A handful of states have introduced automatic clearance for some categories, but automatic does not mean instant, and coverage is narrow.

Why it is worth doing

Background checks are pulled routinely for employment, housing and licensing. An arrest without a conviction is legally meaningless and practically damaging, because most people reading a report do not distinguish between the two.

Private sites and the removal industry

Clearing the official record does not automatically clear copies held by commercial sites, though many update after the underlying record changes. Reputable sites correct or remove records on request without charge. Sites that demand payment to remove a record are engaged in a practice that is unlawful in a number of states — report them rather than paying.

For records shown on this site, use the corrections and removal page. There is never a fee, and we do not work with reputation-management firms.

Getting it done

Eligibility rules are state-specific and change. Many states publish self-help packets, and legal aid organisations and law school clinics frequently handle these petitions at no cost. Where a case is borderline, an hour with an attorney licensed in that state is usually the cheapest step in the process.

Nothing here is legal advice; it is a description of how these processes generally work.

This guide describes how these processes generally work in the United States. Procedures, deadlines and eligibility rules vary by state and county, and nothing here is legal advice. For a specific case, speak to an attorney licensed in the relevant state.

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