The legal process of clearing a criminal record is called expungement. It can help people find better jobs, places to live, and other chances. But how long does it take? There are a few things that will affect the answer, such as where you live, what kind of crime it is, and how busy the courts are.
We’ll go over the expungement timeline and what you need to know before you start the process in this article.
When you can get rid of something: What to Look Forward To
Expungement doesn’t happen right away. The process takes time, legal paperwork, and court approval. It can take anywhere from a few months to more than a year on average. Here is a general outline of the steps:
Step 1: Find out if you qualify (a few days to weeks)
You need to make sure you qualify before you apply for expungement. There are different rules in each state. Some common requirements are:
A period of time to wait after being found guilty or serving your sentence
No new crimes have been committed.
Some crimes might not be eligible
It can take a few days to a couple of weeks to check eligibility, depending on how quickly you look up the laws or talk to a lawyer.
Step 2: Collect Papers (1 to 4 Weeks)
To apply for expungement, you need certain papers. Some of these are:
Records from the court
Proof that you have finished your probation or parole
A check of your background
It could take a few days to a month to get these papers from government offices, depending on how long it takes to process them.
Step 3: File the Petition (2 to 6 Weeks)
You need to file a petition with the court after you have all the necessary paperwork. Some states charge a fee to file. This step can take anywhere from two to six weeks, depending on how quickly the court handles petitions.
Step 4: Wait for a Court Date (1 to 6 Months)
The court sets a hearing date after you file. It could take anywhere from one to six months. If the case is simple, courts may not hold a hearing in some cases.
Step 5: The Expungement Hearing (1 Day)
A judge will look over your case if a hearing is needed. You or your lawyer may need to explain why your record should be cleared. The actual hearing usually only lasts a few hours.
Step 6: The court’s decision (2 to 12 weeks)
The judge will make a decision, which could take anywhere from a few weeks to a few months. The court says that the record should be cleared if it is approved.
Step 7: Take the Record Off (1 to 6 Months)
It can still take a while for law enforcement and background check companies to update their records even after they have been approved. This last step can take anywhere from one to six months, depending on how quickly the agencies handle the request.
Things That Affect the Time It Takes to Get Expunged
The expungement process can go faster or slower because of a number of things:
- Laws in the state: There are different rules and waiting times in each state. Some states let you get rid of your record in a few months, while others take more than a year.
- Kind of Crime: It usually takes longer to clear felonies than misdemeanors. Some crimes may not be able to be erased at all.
- Backlogs in the Courts: Courts that are busy take longer to handle cases. It might take longer to get a hearing if your local court is busy.
- Get a lawyer or do it yourself: Getting a lawyer can help things move along faster. A lawyer makes sure that all the paperwork is correct and filed on time. Mistakes can slow things down if you do it yourself.
- Changes to Background Checks: Some background check companies take months to update their databases even after they have been approved. This means that records may still show up in searches for a while.
Can you make the process go faster?
Yes! Here are some ways to speed up the expungement process:
Get a lawyer: They know how to do things right and can avoid making mistakes.
Fill out forms correctly: Mistakes can slow down approval.
Get in touch with courts and agencies again: Look into the status often.
Ask for faster processing. Some courts let you make emergency requests.
How long does it take to get something expunged in each state?
Different states have different time limits. A few examples are:
| State | Eligibility Waiting Period | Notes |
|---|---|---|
| Alabama | 3-5 years | Misdemeanors: 3 years; Felonies: 5 years. Certain offenses ineligible. |
| Alaska | No statutory authority | Limited to specific cases like mistaken identity. |
| Arizona | 2-10 years | Misdemeanors: 2 years; Felonies: 5-10 years. Recent laws expanded eligibility. |
| Arkansas | 5 years | Most offenses eligible after 5 years; certain serious crimes excluded. |
| California | Immediate upon completion | Expungement available upon completion of probation or sentence. |
| Colorado | 1-5 years | Waiting period varies by offense severity. |
| Connecticut | 3-5 years | Misdemeanors: 3 years; Felonies: 5 years. Certain offenses excluded. |
| Delaware | 3-7 years | Mandatory and discretionary expungements based on offense and time elapsed. |
| Florida | 12 weeks processing | Eligibility determination takes approximately 12 weeks; court process follows. |
| Georgia | Immediate upon completion | Record restriction available upon sentence completion for eligible offenses. |
| Hawaii | 1 year | Misdemeanors: 1 year; Felonies: 3 years. Certain offenses excluded. |
| Idaho | 5 years | Limited to specific offenses; not all convictions eligible. |
| Illinois | 3-5 years | Misdemeanors: 3 years; Felonies: 5 years. Recent laws expanded eligibility. |
| Indiana | 5-10 years | Misdemeanors: 5 years; Felonies: 8-10 years. Certain offenses excluded. |
| Iowa | 8 years | Single misdemeanor conviction eligible after 8 years; other restrictions apply. |
| Kansas | 3-5 years | Misdemeanors: 3 years; Felonies: 5 years. Certain offenses excluded. |
| Kentucky | 5 years | Misdemeanors and certain felonies eligible after 5 years. |
| Louisiana | 5 years | Misdemeanors: 5 years; Felonies: 10 years. Certain offenses excluded. |
| Maine | No statutory authority | Pardon required for record clearing. |
| Maryland | 3-10 years | Waiting period varies by offense; certain offenses excluded. |
| Massachusetts | 3-7 years | Misdemeanors: 3 years; Felonies: 7 years. Certain offenses excluded. |
| Michigan | 3-7 years | Misdemeanors: 3 years; Felonies: 5-7 years. Recent laws expanded eligibility. |
| Minnesota | 2-5 years | Waiting period varies by offense severity. |
| Mississippi | 5 years | Limited to specific offenses; not all convictions eligible. |
| Missouri | 3-7 years | Misdemeanors: 3 years; Felonies: 7 years. Certain offenses excluded. |
| Montana | 5 years | Misdemeanors eligible after 5 years; felonies not eligible. |
| Nebraska | No statutory authority | Set-aside available but does not seal records. |
| Nevada | 1-10 years | Waiting period varies by offense severity. |
| New York | 10 years | Up to two convictions eligible after 10 years; certain offenses excluded. |
| Texas | Immediate to 5 years | Waiting period varies by offense and circumstances. |
| Virginia | 8-10 years | Misdemeanors: 8 years; Felonies: 10 years. Certain offenses excluded. |
| Wisconsin | Immediate upon completion | Limited to offenses committed under age 25. |
| Wyoming | 5-10 years | Misdemeanors: 5 years; Felonies: 10 years. Certain offenses excluded. |
What are the benefits of expungement?
Expungement gives you a new beginning. Most background checks don’t show a criminal record anymore once it’s been cleared. This can lead to better job opportunities, make it more likely that you will be approved for an apartment, and even give you back some rights. In a lot of cases, getting an expungement approved by a court can mean the difference between getting a job or a place to live and not getting one.
Depending on the laws in your state, expungement might help you get your Second Amendment rights back. Expungement laws in places like New Jersey say what crimes can be expunged and how long it will take. When a judge signs an order for expungement, the public criminal record is sealed. That means that when employers, landlords, and most other groups run background checks, they won’t be able to see past crimes.
Eligibility for expungement varies by state, but for many people, it helps a lot. It makes it easier to apply for jobs, get professional licenses, and protect your privacy. A clean slate lets people move on without always being reminded of their past mistakes.
What Legal Help Does for Expungement
An experienced expungement lawyer can help the legal process go more smoothly and quickly. A lot of people try to file an expungement application on their own, but mistakes can cause delays or even denials. A good criminal defense lawyer knows what it takes to clear a criminal record and can help you write a strong expungement petition.
Law firms are experts at handling cases where someone has been found guilty of a crime. They know how to work the system, get the right papers, and make a strong case to the court. Having a lawyer can also help speed things up by making sure that all the paperwork is filled out correctly the first time. People may have a hard time meeting court deadlines and understanding legal terms without legal help, which makes it harder to get their records out of the public eye.
If you really want to start over, hiring a professional can help you do it. A good lawyer can not only speed up the process, but they can also make it more likely that things will turn out well.
Final Thoughts
It takes time to get rid of something, but it’s worth it. The process can take anywhere from a few months to more than a year, depending on where you live, what kind of crime you committed, and how busy the courts are.
It may not happen right away, but clearing your criminal record can lead to better jobs, housing, and chances. Don’t wait if you qualify. The sooner you start, the sooner you can move forward with confidence. Old records may still show up in online searches even after a court agrees to your expungement.
Call NewReputation right away to get your criminal record out of search results and restore your reputation completely.
