Step-by-Step Expungement Process

Last verified: April 2026

Step 1: Find Out What Is on Your Record

You cannot fix what you do not know exists. Many people are surprised to discover arrests they assumed were dismissed still appear on their record, or that records exist in multiple jurisdictions they did not expect.

Start with your state criminal records repository. Every state maintains a central database, and most offer online or mail-in requests for $10–$30. Search for your state's Bureau of Criminal Investigation or State Police records division.

Next, request your FBI Identity History Summary. This is your federal rap sheet — the record that shows up when federal agencies, immigration authorities, and many employers run background checks. The FBI charges $18 and processes requests through the eDO (Electronic Departmental Order) system at edo.cjis.gov. You can also mail fingerprint cards to: FBI CJIS Division, 1000 Custer Hollow Road, Clarksburg, WV 26306. For questions, call (304) 625-5590.

Step 2: Determine Your Eligibility

Eligibility depends entirely on your state's statutes, but most states share common criteria:

• Sentence fully completed — including probation, parole, and any supervised release
• All fines and fees paid — or in some states, a payment plan in good standing
• Waiting period elapsed — ranging from zero (automatic states) to 5–10 years for felonies
• No new arrests or convictions — during the waiting period, and sometimes none at all

Several free tools can help you determine eligibility before spending money on an attorney. Legal Services of New Jersey (lsnjlaw.org) offers a guided expungement eligibility tool. RecordGone.com provides state-specific eligibility checks. Many courts also offer self-help centers with staff who can review your case for free.

Step 3: Gather Your Documents

Courts require documentation. Showing up without the right paperwork is the most common reason petitions are delayed or denied. Gather these before filing:

• Certified court dispositions — the official record of how each case ended (dismissed, convicted, deferred, etc.)
• Proof of sentence completion — discharge papers from probation or parole
• Proof that fines are paid — receipts or court ledger printouts showing zero balance
• Fingerprint cards — required in some states to match records accurately
• Criminal history printout — from your state repository (Step 1)
• Government-issued photo ID — current and valid

Step 4: File Your Petition

The petition is filed at the court clerk's office in the jurisdiction where the arrest or conviction occurred. Most states have standardized forms available on court websites or at self-help windows.

After filing, you typically must serve a copy on the prosecutor's office. Some states handle this automatically; others require you to mail or hand-deliver the documents.

Filing fees range from $0 to $450 depending on the state and offense level. If you cannot afford the fee, ask for an Affidavit of Indigency (sometimes called In Forma Pauperis) — a sworn statement of financial hardship that waives the filing fee. Courts are generally required to accept these for expungement petitions.

Step 5: Attend the Hearing (If Required)

Not all states require a hearing. Many misdemeanor expungements are granted on paper review alone. But if a hearing is scheduled, preparation matters enormously.

Bring evidence of rehabilitation: proof of employment, community involvement, letters of recommendation from employers or community leaders, completion of education programs, and anything else that demonstrates you have moved beyond the offense. In some jurisdictions, judges apply a "manifest injustice" standard — you must show that keeping the record causes a clear, demonstrable hardship.

Step 6: After Expungement

Getting the court order is not the finish line — it is the starting line for ensuring every database actually updates. See our detailed guide on what to do after your record is cleared.

Pro Se vs. Hiring an Attorney

Pro se (representing yourself) is a reasonable choice for simple misdemeanor possession cases in a single jurisdiction. The forms are standardized, the criteria are clear, and self-help centers can answer procedural questions.

Consider hiring an attorney if your case involves felony charges, multiple courts or jurisdictions, immigration consequences, or professional licensing issues. The complexity increases dramatically when records span multiple counties or states.

Individuals who obtained expungement experienced an average 25% increase in wages within two years.

University of Michigan Law School, 2019