Am I Eligible for Expungement?

Answer a few questions to get a general idea of whether your record may qualify for expungement in your state.

This tool provides general information only and is not legal advice. Expungement laws change frequently and have many exceptions. Consult an attorney for your specific situation.

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See what's still showing up online — even after expungement, records can persist on third-party sites.


What is Expungement?

Expungement is a legal process that seals or erases a criminal record from public view. Once a record is expunged, it generally won't appear in standard background checks, and in most states you can legally say the offense never happened when asked by employers, landlords, or licensing boards.

Every state has different eligibility rules, waiting periods, and processes. Some states have "Clean Slate" laws that automatically seal certain records after a set number of years. Others require you to file a petition with the court, pay a filing fee, and sometimes attend a hearing. The type of offense, how long ago it occurred, and whether you've completed your sentence all factor into eligibility.

One critical thing most people don't realize: expungement only affects the official court record. Third-party websites — mugshot databases, data brokers, and people-search sites — scrape public records continuously. Once your record is expunged by the court, these sites are not automatically notified. Your mugshot, arrest record, or case details can continue appearing on Google and background check sites for years unless you take separate action to have them removed.


State-by-State Expungement Resources

Select a state below to see a summary of its expungement laws, waiting periods, and links to official resources and legal aid.

California

Key law: Penal Code 1203.4 allows expungement of most misdemeanors and many felonies after you've completed probation. Proposition 47 (2014) reduced certain felonies to misdemeanors, expanding eligibility. Proposition 64 allows expungement of many marijuana-related offenses.

Waiting period: Typically 1 year after completing probation for misdemeanors. Felonies vary. Dismissed cases are eligible immediately.

Texas

Key law: Article 55.01 of the Code of Criminal Procedure governs expunction for dismissed or acquitted cases. Orders of nondisclosure (Gov. Code Ch. 411) seal records from public view for deferred adjudication cases.

Waiting period: Immediate for dismissed cases. 2 years for Class A/B misdemeanor nondisclosure. 5 years for most felony nondisclosure.

Florida

Key law: F.S. 943.0585 (expungement) and F.S. 943.059 (sealing). Florida limits you to one sealing or expungement in your lifetime. Expungement is available for dismissed charges and completed diversion programs. Sealing is for cases where adjudication was withheld.

Waiting period: No minimum waiting period after eligibility, but you must apply through FDLE and obtain a Certificate of Eligibility first. DUI convictions are never eligible.

New York

Key law: CPL 160.59 allows sealing of up to 2 convictions (max 1 felony) after 10 years. New York's Clean Slate Act (2024) provides automatic sealing of most misdemeanors after 3 years and most felonies after 8 years from sentence completion.

Waiting period: 3 years for automatic misdemeanor sealing, 8 years for felonies under Clean Slate. Sex offenses and Class A felonies are excluded.

Illinois

Key law: 20 ILCS 2630 allows expungement of arrests that did not lead to conviction and sealing of many convictions. The Cannabis Regulation and Tax Act provides automatic expungement of certain marijuana offenses.

Waiting period: Immediate for arrests without conviction. 2+ years after sentence completion for misdemeanor convictions. 3+ years for eligible felony sealing. DUI convictions are not eligible.

Ohio

Key law: R.C. 2953.32 allows sealing of eligible convictions. Ohio significantly expanded eligibility in 2023, allowing sealing of most non-violent felonies (F3-F5) and up to 2 felony convictions.

Waiting period: 1 year after final discharge for most offenses. OVI/DUI convictions are not eligible. Violent and sexual offenses are excluded.

Pennsylvania

Key law: Pennsylvania's Clean Slate Act (Act 56 of 2018) provides automatic sealing of certain misdemeanors after 10 years with no new convictions. Petition-based expungement is available for ARD completions, summary offenses, and cases resulting in not guilty verdicts.

Waiting period: Automatic sealing after 10 years for eligible misdemeanors. Summary offenses: 5 years. ARD program completions can petition immediately. Most felonies require a pardon for full expungement.

New Mexico

Key law: The New Mexico Expungement Act (2019, expanded 2022) significantly broadened eligibility. Most convictions can be expunged after completing the sentence and waiting period. The law covers misdemeanors, many felonies, and even some DWI offenses.

Waiting period: 2 years for petty misdemeanors, 4 years for misdemeanors, 6 years for fourth-degree felonies, 8 years for third-degree felonies, and 10 years for second-degree felonies. First-degree felonies and sex offenses are excluded.

Georgia

Key law: O.C.G.A. 35-3-37 governs record restriction (Georgia's term for sealing). First offender treatment under O.C.G.A. 42-8-60 can result in no conviction on your record if you complete the terms. Record restriction is available for dismissed cases, acquittals, and certain first-offense misdemeanors.

Waiting period: 4 years after sentence completion for first-offense misdemeanor restriction. Dismissed charges can be restricted after 2 years (or immediately with prosecutor consent). Most felonies and all DUI convictions are not eligible.

Indiana

Key law: IC 35-38-9 governs expungement in Indiana. The state allows expungement of most misdemeanors and many felonies, but you can only file one expungement petition in your lifetime. All eligible offenses must be included in a single petition.

Waiting period: 5 years for misdemeanors, 8 years for Class D/Level 6 felonies, 8-10 years for more serious felonies. You must have completed your sentence and have no pending charges. Violent felonies, sex offenses, and homicide are not eligible.


Find an Expungement Attorney

These organizations can help you find free or low-cost legal assistance for expungement in your state.

Legal Aid (LSC)

Free legal help for low-income individuals. The Legal Services Corporation funds programs in every state.

Find Legal Aid Near You

LawHelp.org

State-by-state directory of free legal aid programs, court forms, and self-help resources.

Browse by State

NACDL Lawyer Search

National Association of Criminal Defense Lawyers directory. Find experienced criminal defense attorneys.

Search Attorneys

Avvo Criminal Defense

Attorney profiles with reviews, ratings, and disciplinary records. Filter by practice area and location.

Find a Lawyer

National Reentry Resource Center

Resources for people returning to communities after incarceration, including legal assistance and employment support.

Explore Resources

Even After Expungement, Your Records May Still Be Online

Mugshot websites, data brokers, and people-search sites scrape public records continuously. Once your record is expunged by the court, these third-party sites are not automatically notified. Your mugshot, arrest record, or court case can continue appearing on Google for years.

FixMyRecord scans 100+ sources — including Google, data brokers, mugshot sites, and AI platforms — and sends automated removal requests on your behalf.