What does expungement mean, and can I clear my criminal record?

What does expungement mean? Expunge, seal, dismiss and nondisclosure

There is no single national definition. In general, expungement restores a person, in the eyes of the law, to the status they had before the arrest or the case. How that happens differs: some states destroy the records, others seal them or limit who may use them. These are the words you will see:

• Expungement, or expunction. The record is cleared. In Florida, expunged records are destroyed, although the state's Department of Law Enforcement keeps a confidential copy. In Texas, after an expunction you may deny that the arrest happened.Fla. Stat. § 943.0585(6) · Tex. Code Crim. Proc. art. 55A.401
• Sealing. The record still exists, but it is hidden from the public and only certain agencies can see it. New York and Florida both seal records.N.Y. CPL §§ 160.57, 160.59 · Fla. Stat. § 943.059
• Dismissal, sometimes called "set aside". California's main path. The court dismisses the conviction, and you are released from most penalties and disabilities that came from it. The conviction can still be used if you are prosecuted again later.Cal. Penal Code § 1203.4
• Order of nondisclosure. Texas's way to seal some records. Courts and criminal justice agencies may not release the record to the public, and you don't have to mention it on applications for jobs, information or licenses. Criminal justice agencies and some licensing agencies can still see it.Tex. Gov't Code §§ 411.0755, 411.076

Can a federal conviction be expunged?

Rarely. Federal law has only a few narrow expungement laws. The U.S. Department of Justice says expungement "is a judicial remedy that is rarely granted" by courts, and that neither the Department nor the President can grant it.

• Young first-time drug possession. A person who was under 21 at the time of a federal simple-possession offense and was placed on pre-judgment probation can apply to the court to expunge the records of the arrest and the case.
• Wrong or unlawful records. Federal agencies must let you ask them to correct inaccurate records, and federal courts may expunge records that came from an invalid or unconstitutional arrest or conviction.
• Everything else. In a 2020 review, the Congressional Research Service found that most federal appeals courts say they have no power to expunge a valid record just because it seems fair.
• A presidential pardon does not erase the record. It can help remove legal disabilities that come from the conviction, but the pardoned offense stays on your record.

Can I get my record expunged? What usually decides it

Every state has its own list, but the same questions come up again and again:

• How the case ended. Arrests that never led to charges, dismissed cases and acquittals are usually the easiest to clear. Texas and Florida, for example, limit expunction mostly to cases like these.
• The type of offense. Many states exclude some crimes. New York, for example, will not seal sex offenses or most class A felonies.
• A waiting period. In New York, applying to seal a conviction requires 10 years after sentencing or release. In Texas, some people can ask for nondisclosure right after deferred adjudication ends, others only after 2 or 5 years.
• Finishing your sentence. California and New York both require that you are no longer on probation or parole.
• No new charges. A pending case usually blocks relief. California requires no new case pending, and New York's automatic sealing requires no pending charge.
• Your history. Florida generally allows sealing only if you were never adjudicated guilty of a crime there and never had a record sealed or expunged before. New York's application process covers at most two convictions, only one of them a felony.

Expungement in California, Texas, Florida and New York

Other states use their own names, waiting periods and forms. Start with your state court's self-help website, or ask the clerk of the court where your case was heard.

Clean Slate laws: when records are cleared automatically

Some states now clear or seal certain records without a petition. In California, the state Department of Justice may already have dismissed an eligible conviction or sealed an arrest on its own; you can check by requesting your RAP sheet. New York's Clean Slate Act seals eligible convictions automatically once the waiting period has passed.

Automatic relief does not cover every record. If yours does not qualify, you may still be able to ask the court yourself, and California's courts note there may be extra benefits to asking the court even after automatic relief.

How to get a record expunged, step by step

1. 1Find out exactly what is on your record. The court, the case number, the charges and how the case ended. Ask the clerk of the court where your case was heard for the final disposition. Florida, for example, requires a certified copy.
2. 2Check whether it was already cleared. In states with automatic relief, such as California and New York, some records are cleared without a petition.
3. 3Check your state's rules. The type of offense, the waiting period, and whether you have finished your sentence. Your state court's self-help website is the place to start.
4. 4Use the right form, in the right court. Usually the court where your case was. Texas sends nondisclosure petitions to the court that placed you on deferred adjudication, and New York applications go to the court of your most serious conviction. In Florida, you need a certificate of eligibility from the state first.
5. 5Expect the prosecutor to be told. In Texas, for example, the court gives the state notice and a chance for a hearing before it decides on nondisclosure.
6. 6Keep certified copies of the order. You may need them if an old record still shows up, for example on a background check.

After a record is cleared: what changes, and what doesn't

• You may be able to say it didn't happen. In Texas, after an expunction you may deny the arrest and the expunction order. Florida allows the same for expunged and sealed records, with exceptions, for example when you apply to a criminal justice agency or to the Florida Bar.Tex. Code Crim. Proc. art. 55A.401 · Fla. Stat. §§ 943.0585(6), 943.059(6)
• Job and license applications. With a Texas order of nondisclosure, you are not required to mention the case on an application for employment, information or licensing.Tex. Gov't Code § 411.0755
• Some agencies can still see it. In New York, sealed records stay available for law enforcement, for some licenses and jobs that require a criminal background check, and for a gun license. In Texas, courts may still share nondisclosed records with criminal justice agencies and for licensing.N.Y. Clean Slate Act · Tex. Gov't Code § 411.076
• A dismissal is not erasure. In California, a dismissed conviction can still be used in a later prosecution, must still be disclosed when asked directly on an application for public office or a state or local license, and does not restore the right to have a gun if you are otherwise barred.Cal. Penal Code § 1203.4(a)

If a cleared record still shows up on a background check, contact the background reporting company, explain the mistake and ask it to fix it, with a copy of the court order. If an employer turns you down because of a background report, it must first give you a copy of the report and a summary of your rights.

Do I need an expungement lawyer?

Not always. Many people file on their own with the court's forms. But the rules are detailed, and California's courts say plainly that the law on cleaning your record is complicated. In Texas, the State Law Library lists legal aid groups and clinics that help people clear their records. A lawyer or legal aid office can help most when you have several cases, cases in more than one state, or a federal case.

Common questions

Official sources

1. Congressional Research Service: Record Scratch, expunging federal criminal records (Legal Sidebar LSB10413, 2020, PDF) congress.gov
2. U.S. Department of Justice, Office of the Pardon Attorney: Frequently asked questions justice.gov
3. 18 U.S.C. § 3607: special probation and expungement for certain drug possession offenders (U.S. Code, 2024 ed.) govinfo.gov
4. California Courts Self-Help Guide: Clean your record courts.ca.gov
5. California Courts Self-Help Guide: Record cleaning, misdemeanors courts.ca.gov
6. California Courts Self-Help Guide: Record cleaning, felony convictions and Proposition 47 courts.ca.gov
7. California Penal Code § 1203.4: dismissal after probation leginfo.legislature.ca.gov
8. Texas State Law Library: Expunctions and nondisclosure orders sll.texas.gov
9. Texas Code of Criminal Procedure, Chapter 55A: expunction of criminal records legis.texas.gov
10. Texas Government Code, Chapter 411, Subchapter E-1: orders of nondisclosure (§§ 411.0725, 411.0731, 411.0755, 411.076) legis.texas.gov
11. Florida Statutes § 943.0585 (2026): court-ordered expunction of criminal history records flsenate.gov
12. Florida Statutes § 943.059 (2026): court-ordered sealing of criminal history records flsenate.gov
13. New York Criminal Procedure Law § 160.59: sealing of certain convictions on application nysenate.gov
14. New York Criminal Procedure Law § 160.57: automatic sealing (Clean Slate Act) nysenate.gov
15. New York State Assembly: The Clean Slate Act, what it does assembly.ny.gov
16. New York Governor's office: Clean Slate Act signed (Nov. 16, 2023) governor.ny.gov
17. Federal Trade Commission: Employer background checks and your rights ftc.gov

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