Northwind Law
Expungement attorney

Expungement Attorneys

Experienced legal representation for expungement matters across all 50 states.

Request a ConsultationCall: 1-844-6-NWIND-1 (1-844-669-4631)
~70-100 million
Americans with Criminal Records
Source: Bureau of Justice Statistics
~50%
Reduction in Job Callbacks for Applicants with Records
Source: National Institute of Justice
12+ states (as of 2024)
States with Clean Slate Automatic Expungement Laws
Source: Clean Slate Initiative
~6.5%
Eligible Individuals Who Actually Obtain Expungement
Source: University of Michigan Law School Study

About Expungement

Expungement is the legal process of sealing or destroying criminal records so that they are no longer accessible to the general public through background checks or court record searches. Depending on the jurisdiction, expungement may involve the complete destruction of records, sealing records from public access while maintaining them for limited law enforcement purposes, or setting aside a conviction. The availability and scope of expungement vary dramatically by state, with each jurisdiction maintaining its own eligibility criteria, procedures, waiting periods, and limitations on which offenses qualify. Some states use the term expungement interchangeably with record sealing, while others distinguish between the two processes.

The need for expungement has grown as the consequences of a criminal record have expanded far beyond the courtroom. In the digital age, a criminal record can appear on employment background checks, housing applications, professional licensing reviews, loan applications, and educational admissions processes. Studies consistently show that individuals with criminal records face significant barriers to employment, with callback rates for job applicants dropping dramatically when a criminal record is disclosed. The economic impact extends to entire communities, as millions of Americans with criminal records struggle to fully participate in the workforce and economy.

Expungement law has undergone significant reform in recent years, with many states expanding eligibility and streamlining procedures. Several states have enacted clean slate legislation that provides for automatic expungement of certain offenses after a waiting period without additional arrests or convictions. Other reforms have expanded the categories of offenses eligible for expungement, reduced waiting periods, and created pathways for expungement of felony convictions that were previously ineligible. Despite these reforms, the process remains complex, and many individuals who are eligible for expungement do not pursue it because they are unaware of their eligibility or find the process too difficult to navigate without legal assistance.

Why You Need an Expungement Attorney

A criminal record creates barriers to employment, housing, education, and civic participation that can last a lifetime. Research by the National Institute of Justice indicates that a criminal record reduces the likelihood of a job callback by approximately 50%, and the effect is even more pronounced for minority applicants. Housing applications are routinely denied based on criminal history, and professional licensing boards in fields ranging from healthcare to finance consider criminal records in licensing decisions. These collateral consequences effectively impose a second punishment that extends long after any sentence has been served.

Expungement provides a legal mechanism to remove or seal these records, giving individuals the opportunity to rebuild their lives. Successful expungement allows a person to legally deny the existence of the expunged arrest or conviction on most job applications, housing applications, and other inquiries. This restoration of opportunity benefits not only the individual but also their family and community by enabling full economic participation, stable housing, and reduced recidivism. Research shows that individuals who obtain expungement are significantly less likely to reoffend and demonstrate higher employment rates and earnings.

Common Expungement Cases

Misdemeanor Conviction Expungement

Clearing records of minor criminal convictions such as petty theft, disorderly conduct, simple assault, trespass, and minor drug possession. Most states allow expungement of misdemeanor convictions after a waiting period and completion of all sentencing requirements.

Felony Conviction Expungement

Some states allow expungement of certain felony convictions, particularly non-violent offenses, after extended waiting periods. Eligibility varies significantly by state, and some felonies such as sex offenses and violent crimes are generally excluded.

Arrest Record Expungement

Sealing records of arrests that did not result in conviction, including cases that were dismissed, resulted in acquittal, or where charges were never filed. Many states have more permissive rules for expunging arrest records than conviction records.

Juvenile Record Sealing

Sealing or expunging records from juvenile court proceedings. Many states allow or automatically provide for sealing of juvenile records at a certain age or after a period without further offenses. Eligibility and procedures vary by state.

Deferred Adjudication and Diversion Completion

Expunging records of cases resolved through deferred adjudication, pretrial diversion, or other alternative disposition programs. Successful completion of these programs often makes the case eligible for expungement or sealing.

Cannabis Conviction Expungement

With the legalization of marijuana in many states, special provisions have been enacted to allow expungement of prior cannabis convictions for conduct that is no longer illegal. Some states have implemented automatic expungement for these offenses.

Certificate of Rehabilitation

In jurisdictions where full expungement is not available, a certificate of rehabilitation or similar relief provides an official acknowledgment that the individual has been rehabilitated, which may remove certain collateral consequences and support professional licensing applications.

Typical Expungement Case Timeline

1

Eligibility Assessment

1-2 weeks

The attorney reviews your complete criminal history, including records from all jurisdictions, to determine which arrests and convictions are eligible for expungement under your states laws. This includes verifying that all waiting periods have been satisfied and all sentencing requirements completed.

2

Petition Preparation and Filing

2-4 weeks

The attorney prepares and files the expungement petition with the appropriate court, including all required supporting documentation such as certified court records, proof of completion of sentencing requirements, character references, and a personal statement.

3

Prosecutor and Agency Review

30-90 days

The prosecuting attorneys office and relevant law enforcement agencies are notified of the petition and given an opportunity to file objections. Some prosecutors routinely object to expungement petitions, while others consent to eligible cases.

4

Court Hearing

1-3 months after filing

If a hearing is required (not all states require one), the petitioner and their attorney appear before a judge who considers the petition, any objections, and the petitioners rehabilitation. The attorney presents arguments for why expungement serves the interests of justice.

5

Order and Record Removal

1-6 months after court order

If the petition is granted, the court issues an expungement order directing law enforcement agencies, courts, and other record holders to seal or destroy the records. The actual removal of records from all databases can take additional time, and the attorney may need to follow up to ensure compliance.

Know Your Rights

  • You have the right to petition for expungement if you meet your states eligibility requirements. The court cannot deny your petition without a legal basis.
  • Once a record is expunged, you generally have the legal right to deny the existence of the arrest or conviction on job applications, housing applications, and other inquiries.
  • Some states have enacted automatic expungement or clean slate laws that seal eligible records without requiring a petition. Check whether your state offers this.
  • Expungement of state records does not affect federal records. Federal agencies such as the FBI may retain records even after state expungement.
  • Certain employers, including law enforcement agencies, military branches, and some government agencies, may still access expunged records. Know the limitations of expungement in your state.
  • You have the right to obtain your criminal history records from state and federal databases to verify what records exist before pursuing expungement.
  • If your expungement petition is denied, you generally have the right to refile after addressing the reasons for denial or after additional time has passed.

What to Look for in an Expungement Attorney

When seeking an attorney for expungement, look for someone with specific experience in the expungement laws and procedures of your state, as these vary dramatically between jurisdictions. The attorney should be able to quickly assess your eligibility based on your criminal history, the type of offenses, the time that has elapsed, and your states specific statutory requirements. Ask about their success rate with expungement petitions and whether they have experience appearing before the judges who handle these matters in your jurisdiction. A good expungement attorney will conduct a thorough review of your criminal history from all relevant databases, advise you on which records are eligible for expungement and which are not, and set realistic expectations about the timeline and likelihood of success. They should also advise on any limitations of expungement, such as whether law enforcement and certain employers will still have access to sealed records.

Questions to Ask Your Expungement Attorney

  1. 1Which of my arrests and convictions are eligible for expungement under this states law?
  2. 2How long will the entire expungement process take from start to finish?
  3. 3Will the expunged records still be visible to any employers, agencies, or in any databases?
  4. 4What is the likelihood that the prosecutor will object to my petition?
  5. 5Do I qualify for any automatic or streamlined expungement programs?
  6. 6Will expungement restore my firearm rights, professional licensing eligibility, or other rights?
  7. 7Are there any offenses on my record that cannot be expunged, and what alternatives exist?

Understanding Expungement Legal Costs

Expungement attorney fees vary by jurisdiction and complexity. Simple expungement of a single arrest or misdemeanor conviction typically costs between $1,000 and $3,000, including attorney fees and court filing fees. More complex cases involving multiple records, felony convictions, or records in multiple jurisdictions can range from $3,000 to $7,500 or more. Court filing fees vary by state, typically ranging from $50 to $400 per petition. Some jurisdictions waive filing fees for indigent petitioners. Many legal aid organizations and pro bono clinics offer free expungement services for qualifying individuals. Some attorneys offer flat fee arrangements for expungement, which provides cost certainty. The cost of expungement should be weighed against the long-term economic benefit of removing barriers to employment, housing, and education.

Video Resources

These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.

How to Get Your Criminal Record Expunged

LegalEagle

Expungement Process Explained Step by Step

Law Venture

Can You Get a Felony Expunged?

Aimee the Attorney

Frequently Asked Questions About Expungement

The terms are sometimes used interchangeably, but they can have different legal meanings depending on your state. Expungement generally refers to the destruction or erasure of criminal records, while record sealing means the records still exist but are hidden from public access. With sealed records, law enforcement and certain government agencies may still be able to view them, while expunged records are treated as if they never existed. The practical difference is that sealed records can potentially be unsealed by court order, while expunged records that have been destroyed cannot. Check your states specific definitions, as the terminology varies.

Citations & Sources

  1. [1]
    An estimated 70 to 100 million Americans have some type of criminal record, representing roughly one in three adults. — Bureau of Justice Statistics / National Employment Law Project
  2. [2]
    A study by the University of Michigan Law School found that only 6.5% of eligible individuals actually obtain expungement, despite significant benefits to those who do. — University of Michigan Law School, Mandatory Expungement Study
  3. [3]
    Research shows that individuals who obtain expungement see an average wage increase of 25% within two years, reflecting improved employment opportunities. — University of Michigan Law School, Economic Effects of Expungement
  4. [4]
    As of 2024, more than 12 states have enacted clean slate laws providing for automatic expungement of certain offenses, with additional states considering similar legislation. — Clean Slate Initiative
  5. [5]
    The EEOC has issued guidance stating that blanket policies excluding individuals with criminal records from employment may violate Title VII of the Civil Rights Act when they have a disparate impact on protected groups. — Equal Employment Opportunity Commission

Ready to Discuss Your Expungement Case?

Speak with an experienced expungement attorney. Free consultations available.

Request a Consultation1-844-6-NWIND-1 (1-844-669-4631)