Clearing a Criminal Record
Clearing a criminal record — “expungement” or “sealing” — is state law, and it varies more than almost any other topic. Some states erase eligible records entirely, some just hide them from public view, and a growing number now seal them automatically after enough time passes.
Know your options
- Expunge vs. seal: “Expungement” usually destroys or erases the record; “sealing” hides it from the public but lets courts and police still see it. Which one you can get depends on your state and the offense.
- Non-convictions are easiest: Arrests that ended in dismissal, acquittal, or no charges filed are the most widely eligible — many states clear those quickly or automatically.
- Convictions are harder: Some states let you clear old misdemeanors and even some felonies after a waiting period; others allow very little. Serious/violent and sex offenses are almost always excluded.
- “Clean Slate” is spreading: A dozen-plus states now automatically seal eligible records once you stay conviction-free for a set number of years — no petition and no fee.
Your state’s rules
Pick your state above to see your rules.
Alabama
- What can be cleared
- Expunge dismissals/acquittals; the 2021 “Redeemer Act” added up to 2 nonviolent misdemeanor convictions and pardoned felonies (violent/sex/DUI excluded).
- Typical waiting period
- Dismissed with prejudice: 90 days; misdemeanor conviction: 3 years; pardoned felony: 180 days.
- Automatic “clean slate”
- No automatic process — you must petition in circuit court.
- How it works
- File a petition in circuit court.
Alaska
- What can be cleared
- Alaska has no expungement for convictions — records can be “set aside” (not erased). Sealing is only for mistaken identity or false accusation.
- Typical waiting period
- Set-aside: after you complete probation (marijuana possession has a 2024 exception).
- Automatic “clean slate”
- No — Alaska has no automatic clearing.
- How it works
- Ask the court to set aside the conviction at/after sentencing.
Arizona
- What can be cleared
- Seal most misdemeanors and many felonies under the 2023 law (ARS § 13-911); dangerous/sex/child offenses excluded.
- Typical waiting period
- 2–3 years for misdemeanors; 5 years for Class 4–6 felonies; 10 years for Class 2–3 (no wait for dismissals).
- Automatic “clean slate”
- No automatic sealing — you apply (a broad new option since 2023).
- How it works
- Petition the court to seal, after paying all fines/restitution.
Arkansas
- What can be cleared
- Seal many misdemeanors and nonviolent Class C/D and some drug felonies (Class Y/A/B, sex, and violent felonies excluded).
- Typical waiting period
- Most misdemeanors: immediately after the sentence; violent Class C/D felonies: 5 years.
- Automatic “clean slate”
- No automatic sealing — you file a petition.
- How it works
- File a petition to seal (the prosecutor gets 30–90 days to object).
California
- What can be cleared
- Dismissals/arrests, most misdemeanors, and many felonies that didn’t end in prison (serious/violent and sex-registry offenses excluded).
- Typical waiting period
- Usually after probation ends; automatic relief kicks in ~1–4 years after the sentence.
- Automatic “clean slate”
- Yes — the DOJ automatically seals eligible records monthly (AB 1076 / SB 731).
- How it works
- A PC 1203.4 dismissal petition, or simply wait for automatic relief.
Colorado
- What can be cleared
- Seal most misdemeanors and many lower-level felonies (Class 1–3 felonies, DUI, and others excluded).
- Typical waiting period
- Civil infractions: 4 years; misdemeanors: 7 years; eligible felonies: 10 years, conviction-free.
- Automatic “clean slate”
- Yes — the Clean Slate Act (in effect July 2024) auto-seals eligible records.
- How it works
- Automatic for many; petition-based for the rest.
Connecticut
- What can be cleared
- Erase most misdemeanors and Class D/E (lower) felonies (sex crimes and family-violence crimes excluded).
- Typical waiting period
- Misdemeanors: 7 years; eligible felonies: 10 years, from the most recent conviction.
- Automatic “clean slate”
- Yes — the Clean Slate law auto-erases eligible convictions (erasures began Jan. 2025).
- How it works
- Automatic under Clean Slate, or apply for a pardon (erasure) from the Board.
Delaware
- What can be cleared
- Automatically deletes non-convictions and many misdemeanors/some felonies; discretionary petitions cover more.
- Typical waiting period
- Auto: misdemeanors 5 years, felonies 10 years; petition: misdemeanors 3–7 years, felonies 7 years.
- Automatic “clean slate”
- Yes — the Clean Slate law auto-expunges eligible records (since Aug. 2024).
- How it works
- Automatic for many; petition-based for the rest.
Florida
- What can be cleared
- Seal or expunge one arrest in your lifetime — only if you were never convicted (charges dismissed or you were acquitted).
- Typical waiting period
- None beyond getting a certificate; a sealed record can be expunged after 10 years.
- Automatic “clean slate”
- Only for juveniles (auto-expunged at 21) — not for adults.
- How it works
- Get an FDLE “certificate of eligibility,” then petition the court.
Georgia
- What can be cleared
- “Record restriction” hides non-convictions; you can also restrict up to 2 misdemeanor convictions (DUI, family violence, sex offenses excluded).
- Typical waiting period
- 4 years after a misdemeanor conviction (none for dismissals/acquittals).
- Automatic “clean slate”
- Partial — non-convictions since 2013 are auto-restricted; convictions need a petition.
- How it works
- Petition the court (non-convictions are auto-restricted).
Hawaii
- What can be cleared
- Mostly non-convictions (arrests without a conviction). Convictions are rarely expungeable — a few first-time drug/property and some underage-alcohol/DUI offenses qualify.
- Typical waiting period
- Non-convictions: usually immediately (5 years for some bail-forfeiture cases).
- Automatic “clean slate”
- No automatic process — you apply to the Attorney General.
- How it works
- Apply to the Hawaii Criminal Justice Data Center.
Idaho
- What can be cleared
- No true expungement for convictions — you can expunge non-convictions and (since the Clean Slate Act) shield eligible records from public view.
- Typical waiting period
- Non-convictions: immediately (or 1 year if never charged); Clean Slate shielding: 5 years after the sentence.
- Automatic “clean slate”
- Limited — the Clean Slate Act lets you shield records after 5 years (not automatic).
- How it works
- Apply to the Idaho State Police / file with the court.
Illinois
- What can be cleared
- Expungement for arrests/dismissals and supervision; sealing for most misdemeanors and Class 1–4 felonies. A DUI can never be cleared.
- Typical waiting period
- 2 years for misdemeanors/supervision; 3 years for eligible felonies (from sentence completion).
- Automatic “clean slate”
- Coming — the Clean Slate Act (2026) automates sealing starting Jan. 1, 2029.
- How it works
- Petition the circuit court to expunge or seal (until automation begins).
Indiana
- What can be cleared
- Expunge/seal arrests and many misdemeanors and felonies under the “Second Chance” law (homicide, sex, human-trafficking excluded).
- Typical waiting period
- Arrests: 1 year; misdemeanors: 5 years; most felonies: 8 years (or 3 years after the sentence).
- Automatic “clean slate”
- No automatic process — and you generally get only one lifetime petition.
- How it works
- File a verified petition — timing and completeness matter (it’s one shot).
Iowa
- What can be cleared
- Expunge dismissals/acquittals and (since 2019) a single misdemeanor conviction. Deferred judgments are auto-expunged.
- Typical waiting period
- Single misdemeanor: 8 years after conviction, one-per-lifetime; deferred judgments (post-2013) are automatic.
- Automatic “clean slate”
- Partial — completed deferred judgments auto-expunge; a conviction needs a petition.
- How it works
- File an application in the sentencing court.
Kansas
- What can be cleared
- Expunge most misdemeanors and many felonies (murder, rape, and most sex offenses are never eligible).
- Typical waiting period
- Misdemeanors/minor felonies: 3 years; serious felonies and DUI: 5 years (10 for a repeat DUI).
- Automatic “clean slate”
- No automatic sealing — you file a petition.
- How it works
- File a petition to expunge in the district court.
Kentucky
- What can be cleared
- Expunge dismissals/acquittals; unlimited eligible misdemeanors and many Class D felonies (violent/sex offenses excluded).
- Typical waiting period
- 5 years after completing the sentence (10 years for a DUI).
- Automatic “clean slate”
- Partial — acquittals and dismissals-with-prejudice auto-expunge within 30 days; convictions need a petition.
- How it works
- Get an expungement certification, then file in the sentencing court.
Louisiana
- What can be cleared
- Expunge non-convictions, and misdemeanor and felony convictions after a waiting period (violence, sex, offenses against minors excluded).
- Typical waiting period
- Misdemeanor: 5 years; felony: 10 years after completing the sentence, conviction-free.
- Automatic “clean slate”
- Partial — an automated process (since 2025) clears some eligible records back to 2006.
- How it works
- File a petition (some cases are now automated).
Maine
- What can be cleared
- Very limited — no general expungement. Only some Class E misdemeanors (the lowest level) committed before age 28 can be “sealed.”
- Typical waiting period
- Class E offenses: 4 years after the sentence, if committed before 28.
- Automatic “clean slate”
- No automatic process (non-conviction and trafficking-survivor relief added recently).
- How it works
- File a motion to seal in the sentencing court.
Maryland
- What can be cleared
- Expunge non-convictions and a set list of misdemeanors; some records can be “shielded” from employers/landlords.
- Typical waiting period
- Non-convictions: 3 years; eligible convictions: 10 or 15 years after the sentence.
- Automatic “clean slate”
- Coming — a Clean Slate Act would auto-shield misdemeanors after 7 years (records reviewed by 2028).
- How it works
- File a petition (automation is being phased in).
Massachusetts
- What can be cleared
- Seal most misdemeanors and felonies on your CORI; expungement is narrower (firearms and “crimes against public justice” never sealable).
- Typical waiting period
- Misdemeanors: 3 years; felonies: 7 years (from the finding or release).
- Automatic “clean slate”
- Not yet — sealing is by request (an automatic-sealing bill is pending).
- How it works
- File to seal with the court or the commissioner of probation.
Michigan
- What can be cleared
- Set aside most misdemeanors and up to 3 felonies (life-max, serious assaultive, and some others excluded).
- Typical waiting period
- Automatic: 7 years for misdemeanors, 10 years for felonies (from sentencing).
- Automatic “clean slate”
- Yes — “Clean Slate” automatically sets aside eligible convictions (since April 2023).
- How it works
- Automatic, or apply to set aside a conviction sooner.
Minnesota
- What can be cleared
- Expunge dismissals, diversions, and many misdemeanor and felony convictions.
- Typical waiting period
- Clean Slate: petty/misdemeanor 2 years, gross misdemeanor 3 years, felony 5 years (from sentence discharge).
- Automatic “clean slate”
- Yes — the Clean Slate Act auto-expunges eligible records (started June 2025).
- How it works
- Automatic under Clean Slate, or file a petition.
Mississippi
- What can be cleared
- Expunge one felony in a lifetime plus eligible misdemeanors (violent, sex, DUI, and some others excluded).
- Typical waiting period
- Most first misdemeanors: immediately; municipal misdemeanors: 2 years; felonies: 5 years.
- Automatic “clean slate”
- No automatic process — you must petition.
- How it works
- File a petition in the sentencing court.
Missouri
- What can be cleared
- Expunge up to 2 felonies and 3 misdemeanors (Class A/dangerous felonies, sex offenses, most DWIs excluded).
- Typical waiting period
- 1 year for misdemeanors; 3 years for felonies (reduced in 2025), conviction-free.
- Automatic “clean slate”
- Partial — courts auto-expunge many marijuana convictions; others need a petition.
- How it works
- File a petition in the sentencing court.
Montana
- What can be cleared
- Misdemeanors only — Montana has no process to expunge a standard felony conviction.
- Typical waiting period
- Misdemeanor: 5 years conviction-free (a strong presumption of expungement).
- Automatic “clean slate”
- No automatic process — you petition (one per lifetime).
- How it works
- File a petition in the sentencing court.
Nebraska
- What can be cleared
- Nebraska has no general sealing/expungement — it offers only a “set-aside” of the conviction, which stays public. A pardon can seal it.
- Typical waiting period
- After you finish probation and pay all costs (only probation/fine sentences qualify — not jail).
- Automatic “clean slate”
- No — Nebraska is the last state without general sealing authority.
- How it works
- File a motion to set aside the conviction (or seek a pardon).
Nevada
- What can be cleared
- Seal almost any record after a waiting period (DUIs causing injury/death, sex offenses, and crimes against children can’t be sealed).
- Typical waiting period
- Misdemeanor: 1 year (gross: 2); Category B–D felony: 5 years; Category A: 10 years; DUI: 7 years.
- Automatic “clean slate”
- No automatic sealing — you petition (no wait for dismissals/acquittals).
- How it works
- Petition the court where you were convicted.
New Hampshire
- What can be cleared
- New Hampshire “annuls” a record (removes it from public view). Most misdemeanors and felonies are eligible after a waiting period.
- Typical waiting period
- Violation/Class B misdemeanor: 1 year; Class A misdemeanor: 3 years; Class B felony: 5 years; Class A felony: 10 years.
- Automatic “clean slate”
- No automatic process — you petition, and the judge decides.
- How it works
- File a petition to annul in the sentencing court.
New Jersey
- What can be cleared
- Expunge most disorderly-persons offenses and many indictable crimes; marijuana convictions clear immediately.
- Typical waiting period
- 5 years for most convictions; 10 years for automatic “clean slate”; no wait for eligible marijuana offenses.
- Automatic “clean slate”
- Yes — automatic clean-slate expungement 10 years after the last conviction.
- How it works
- File a petition, or wait for automatic clean-slate/marijuana relief.
New Mexico
- What can be cleared
- Expunge non-convictions and many misdemeanor and felony convictions under the 2019 Expungement Act (DWI and offenses against children excluded).
- Typical waiting period
- Non-convictions: 1 year; misdemeanors: 2 years; felonies: 6–10 years by degree.
- Automatic “clean slate”
- No automatic sealing — you petition the court.
- How it works
- File a petition in district court; the state can object.
New York
- What can be cleared
- Sealing of most convictions (sex crimes and non-drug Class A felonies like murder excluded).
- Typical waiting period
- Clean Slate: 3 years after a misdemeanor, 8 years after a felony (from sentencing/release), conviction-free.
- Automatic “clean slate”
- Yes — the Clean Slate Act (2024) auto-seals eligible records; full rollout by 2027.
- How it works
- Automatic under Clean Slate, or petition to seal up to 2 convictions after 10 years (CPL 160.59).
North Carolina
- What can be cleared
- Expunge dismissals/acquittals anytime; up to 1 nonviolent misdemeanor or up to 3 nonviolent felonies (violent/sex/Class A–G excluded).
- Typical waiting period
- Misdemeanor: 3 years; single felony: 10 years; multiple: 20 years (after the sentence is complete).
- Automatic “clean slate”
- Partial — dismissed charges and not-guilty verdicts are auto-expunged (resumed 2024).
- How it works
- File a petition (non-convictions are increasingly automatic).
North Dakota
- What can be cleared
- Seal most misdemeanors and felonies; true expungement (destruction) is very limited (marijuana, trafficking victims, wrongful arrests).
- Typical waiting period
- Misdemeanor: 3 years; felony: 5 years; violent offenses: 10 years, charge-free.
- Automatic “clean slate”
- No automatic process — you petition and must show “good cause.”
- How it works
- File a petition to seal in the district court.
Ohio
- What can be cleared
- Seal or expunge many misdemeanors and lower-level (4th/5th-degree, and some 3rd-degree) felonies. Violent/sex offenses excluded.
- Typical waiting period
- 1 year for misdemeanors and 4th/5th-degree felonies; 3 years for 3rd-degree felonies (after final discharge).
- Automatic “clean slate”
- No automatic sealing — you must apply.
- How it works
- File an application to seal/expunge in the sentencing court.
Oklahoma
- What can be cleared
- Seal arrests, dismissals, many misdemeanors, and some nonviolent felonies (violent/sex offenses excluded).
- Typical waiting period
- Misdemeanors: often 5 years; nonviolent felonies: ~10 years, conviction-free.
- Automatic “clean slate”
- Yes — “Clean Slate” auto-seals many nonviolent misdemeanors and dismissals (rolling out since 2025).
- How it works
- Automatic for many; petition-based for convictions.
Oregon
- What can be cleared
- “Set aside” most misdemeanors and Class C felonies, and some Class B felonies (Class A, sex, and harm offenses excluded).
- Typical waiting period
- Misdemeanors/Class C felonies: 3 years; non-person Class B felonies: 7 years (no new crimes in 10 years).
- Automatic “clean slate”
- No automatic sealing — you file a motion.
- How it works
- File a motion to set aside in the sentencing court (ORS 137.225).
Pennsylvania
- What can be cleared
- Expungement for non-convictions and summary offenses; “limited access” sealing for many misdemeanors; most felonies only via a pardon.
- Typical waiting period
- Clean Slate: summaries 5 years, misdemeanors 7 years, some drug felonies 10 years, conviction-free.
- Automatic “clean slate”
- Yes — “Clean Slate” automatically seals eligible records for free (Clean Slate 3.0, 2024).
- How it works
- Automatic sealing, or file a petition for expungement / limited access.
Rhode Island
- What can be cleared
- Expunge dismissals/acquittals anytime; first-time offenders can expunge one misdemeanor or one nonviolent felony.
- Typical waiting period
- Non-convictions: none; misdemeanor: 5 years; nonviolent felony: 10 years. DUI/DV excluded.
- Automatic “clean slate”
- Partial — dismissed/filed cases seal automatically; convictions need a motion.
- How it works
- File a motion to expunge/seal in the sentencing court.
South Carolina
- What can be cleared
- Expunge dismissals and a limited set of minor convictions (misdemeanors capped at 30 days/$1,000; some drug charges).
- Typical waiting period
- Convictions: 3 years (5 for domestic violence); dismissals after 2009 are automatic.
- Automatic “clean slate”
- Partial — dismissals are auto-expunged; convictions need a petition and are limited.
- How it works
- Apply through the solicitor’s office / court.
South Dakota
- What can be cleared
- Seal non-convictions; expunge some Class 1/2 misdemeanors and Class 5/6 felonies (violent/sex offenses excluded).
- Typical waiting period
- Class 2 misdemeanor: 5 years; Class 1 misdemeanor / eligible felony: 7–10 years.
- Automatic “clean slate”
- Partial — a petty offense/Class 2 misdemeanor can auto-expunge after 10 years.
- How it works
- File a petition in the circuit court.
Tennessee
- What can be cleared
- Expunge dismissals/diversion; you can also expunge up to 2 eligible convictions (violent/sex offenses excluded).
- Typical waiting period
- Non-convictions: none after dismissal. Convictions: 5 years (misdemeanor/Class E felony); 10 years (Class C/D felony).
- Automatic “clean slate”
- No automatic expungement — you must petition.
- How it works
- File a petition in the court where the case originated (up to a $100 fee).
Texas
- What can be cleared
- Expunction for dismissals/acquittals; an “order of nondisclosure” seals many deferred-adjudication cases (family-violence and sex offenses excluded).
- Typical waiting period
- Nondisclosure: often none for many misdemeanors, 2 years for some, 5 years for felonies.
- Automatic “clean slate”
- Partial — courts auto-issue nondisclosure for some nonviolent misdemeanors after deferred adjudication.
- How it works
- File a petition for expunction or nondisclosure in the trial court.
Utah
- What can be cleared
- Expunge dismissals/acquittals and many misdemeanors and eligible felonies (sex, DV, and DUI excluded from the automatic track).
- Typical waiting period
- Class A misdemeanor: 5 years; eligible felony: 7 years; DUI: 10 years, conviction-free.
- Automatic “clean slate”
- Yes — Utah’s Clean Slate law auto-expunges eligible misdemeanors (the 2nd state to do so).
- How it works
- Automatic for many; otherwise get a BCI certificate and petition.
Vermont
- What can be cleared
- Seal most misdemeanors and many nonviolent felonies; true expungement is now limited to conduct that’s no longer a crime.
- Typical waiting period
- Misdemeanor: 3 years; felony: 7 years; DUI: 10 years. Ages 18–21: 30 days.
- Automatic “clean slate”
- Partial — dismissals since 2018 seal automatically; cannabis convictions were auto-expunged.
- How it works
- File a petition to seal/expunge in the criminal court.
Virginia
- What can be cleared
- Seal many misdemeanors and Class 5/6 felonies and felony larceny (Class 1–2 and life-max felonies excluded).
- Typical waiting period
- Misdemeanors: 7 years; eligible felonies: 10 years, conviction-free.
- Automatic “clean slate”
- Yes — automatic sealing for many misdemeanors and dismissals begins July 1, 2026.
- How it works
- Automatic for some; petition-based for others (no filing fee).
Washington
- What can be cleared
- “Vacate” most misdemeanors and Class B/C felonies (violent/sex offenses and DUI excluded).
- Typical waiting period
- Misdemeanors: 3 years (5 for DV); Class C felony: 5 years; Class B: 10 years.
- Automatic “clean slate”
- No automatic sealing — you must petition.
- How it works
- File a motion to vacate the conviction in the sentencing court.
West Virginia
- What can be cleared
- Expunge non-convictions and, since 2019, many misdemeanors and nonviolent felonies.
- Typical waiting period
- Non-convictions: 60 days; single misdemeanor: 1 year; multiple: 2 years; nonviolent felony: 5 years.
- Automatic “clean slate”
- No automatic process — you file a petition (one lifetime chance).
- How it works
- File a petition (a completed rehab/treatment program can shorten the wait).
Wisconsin
- What can be cleared
- Expungement is unusually narrow — only for offenses committed under age 25 with a 6-year-max sentence, and the judge must order it at sentencing.
- Typical waiting period
- No separate wait — it’s decided at sentencing and takes effect once the sentence is completed.
- Automatic “clean slate”
- No — Wisconsin has no automatic sealing (and it can’t be added later).
- How it works
- Ask the judge to order expungement at sentencing.
Wyoming
- What can be cleared
- Expunge a single misdemeanor or one felony (no firearm used; violent/homicide felonies excluded).
- Typical waiting period
- Misdemeanor: 5 years; felony: 10 years after completing the sentence.
- Automatic “clean slate”
- No automatic process — you petition ($100 misdemeanor / $300 felony fee).
- How it works
- File a petition in the sentencing court.
Educational only — not legal advice. Laws change; confirm the current rule with the linked official source before you rely on it.
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