How to Remove a Criminal Record From a Background Check

Nearly 1 in 3 adults in the United States has a criminal arrest record. According to HUD research, those records regularly block access to jobs, housing, and services, even when the case was dismissed, the charge was minor, or years have passed without incident.

The good news is that many people qualify to remove or seal their record without knowing it. Since 2024, 26 states have implemented Clean Slate laws that in some cases automatically seal eligible records after a set crime-free period. For everyone else, expungement and record sealing remain the two legal paths available.

This guide walks through both options clearly: what they are, who qualifies, how the process works, and what to do when a court order does not fix everything that appears online.

What Removing a Record Actually Means

Removing a criminal record does not always erase it completely. In most cases it means restricting who can see it, which in practice changes most outcomes significantly.

Once a record is sealed or expunged, private employers, landlords, and commercial background check companies generally cannot access it. For most people, that is the change that matters. Jobs, apartment applications, and licensing decisions that were previously closed off become accessible again.

A few important limits apply. Certain government agencies, law enforcement, and federal licensing boards may still see sealed records. Federal background checks follow a separate set of rules entirely. And court orders do not automatically scrub what already exists online, a point we cover in detail below.

Understanding those limits upfront helps set realistic expectations for the process.

Expungement vs. Record Sealing

Courts offer two main options, and the difference matters.

Expungement removes the record as if it never happened. Courts either destroy the file or restrict access so completely that it no longer exists for most legal purposes. In some states, even law enforcement cannot access an expunged record without special authorization. When it is available, expungement offers the strongest protection.

Record sealing hides the record from public view without destroying it. Courts and certain government agencies can still access it, but background check companies and the general public cannot. Sealing is often available to people who do not meet the requirements for full expungement, making it a useful alternative when expungement is off the table.

Both options can meaningfully improve daily life. Which one applies depends on state law, the type of offense, and how the case was resolved.

	Expungement	Record Sealing
What happens to the record	Destroyed or fully restricted	Hidden from public, still exists
Who can still see it	Usually no one without special authorization	Courts, law enforcement, some agencies
Effect on background checks	Does not appear for most employers and landlords	Does not appear for most employers and landlords
Availability	Varies widely by state and offense	Generally more broadly available
Best for	Maximum legal protection when available	Cases that do not qualify for expungement

Who Qualifies

Eligibility depends almost entirely on state law, the type of charge, and the outcome of the case. There is no federal standard.

Generally speaking, the easier cases to clear are those that never resulted in a conviction. Dismissed charges, dropped cases, acquittals, and arrests without charges typically qualify quickly and with shorter waiting periods. The record reflects an accusation, not a finding of guilt, and most states recognize that distinction.

Convictions are more complex. Many states allow expungement or sealing for lower-level offenses, particularly misdemeanors and certain non-violent felonies, after a waiting period and a clean record during that time. More serious offenses, including violent felonies, sexual offenses, and crimes against children, are excluded in most states.

Common requirements across states include:

• All sentences, probation, and supervision completed
• All fines, fees, and restitution paid in full
• No new arrests or convictions during the required waiting period
• A set amount of time passed since the case closed

Waiting periods range from immediate for dismissed cases to ten years or more for serious convictions in states that allow expungement at all. In Utah, for example, most misdemeanors are eligible after three years while felonies require seven. In Nevada, dismissed cases can be sealed immediately. Checking the specific rules for the state where the case occurred is always the right starting point.

Clean Slate Laws: Automatic Relief in Some States

A growing number of states have passed Clean Slate legislation that automates record sealing for eligible offenses after a defined crime-free period. As of 2024, 26 states have implemented some form of Clean Slate law, according to BackgroundChecks.com.

New York’s Clean Slate Act, effective November 2024, automatically seals certain criminal records for eligible individuals. Minnesota, Colorado, Virginia, Hawaii, Illinois, and Washington D.C. all advanced or implemented similar frameworks in 2025, according to HireRight’s 2025 background screening review.

If you live in a state with Clean Slate legislation, you may already be eligible for automatic sealing without filing anything. Check your state’s current law before starting a manual petition process, because the relief may already be coming to you.

How to Remove a Criminal Record: Step by Step

The process varies by state, but the same core steps apply almost everywhere. Take each one carefully. Errors and missing documentation are the most common reasons petitions get denied.

Step 1: Get a Copy of Your Criminal Record

Start by confirming exactly what appears on your record. Do not rely on memory.

Request records from the court that handled your case, your state criminal history repository, and any recent background check you have received. This matters because eligibility depends on the specific charge, how the case was resolved, and the exact dates involved. Even small details can change which options are available to you.

A study of criminal records in New York found that 87% contained at least one error, according to research cited by the Thurgood Marshall Institute. Reviewing your own record before filing protects against errors that could delay or derail your petition.

Step 2: Check Your State’s Laws

Look up the expungement and sealing rules for the state where the case occurred. Pay attention to:

• Which charge types are eligible
• Waiting period requirements
• Any restrictions based on prior offenses or conviction history
• Filing fees and required forms

Most state courts publish this information online. Legal aid organizations in your state can also help clarify the rules at no cost. The LawHelp.org directory connects people to free legal resources by state.

Step 3: Confirm You Meet All Requirements

Before filing anything, verify that every condition is met. Courts deny petitions that are incomplete or premature, and a denial can sometimes affect when you can file again.

Check that you have completed all probation or supervision, paid all fines, fees, and restitution in full, and remained arrest-free throughout the required waiting period. If any condition is outstanding, resolve it before filing.

Step 4: File Your Petition

File with the court that originally handled your case. This typically involves:

• Completing the official expungement or sealing forms for that court
• Submitting the forms to the court clerk with any required copies
• Paying the filing fee, which ranges from around $50 to several hundred dollars depending on the state
• Notifying the prosecutor’s office if your state requires it

Double-check everything before submission. Wrong court, missing signatures, and incorrect case numbers are common reasons petitions come back unfiled.

Step 5: Attend a Hearing if Required

Some courts decide petitions based on paperwork alone. Others schedule a hearing. If a hearing is required, be prepared to explain your eligibility, how your life has changed since the case, and why clearing the record is appropriate. Judges look for consistency and accountability rather than perfection.

Step 6: Collect Certified Copies of the Court Order

If the petition is approved, the court issues a formal order. Request several certified copies and keep them somewhere safe. You may need them if a background check later shows outdated information, an employer asks follow-up questions, or a data source fails to update properly. The order is your documentation that the process is complete.

Step 7: Follow Up With Background Check Databases

Court orders do not always update background check systems automatically. After your petition is approved:

• Check your background check results directly within a few months
• Dispute any incorrect listings in writing, with a copy of the court order as documentation
• Monitor major screening databases periodically over the following year

This step is where many people stop short. Legal relief is the foundation, but following up with the databases that employers and landlords actually use is what produces real-world results.

Step 8: Address What Remains Online

Even after a court clears your record, information about the original case may still appear in search results. Old news articles, mugshot sites, and data broker listings do not update automatically when courts act. This is a separate problem that requires separate solutions, covered in the next section.

How Background Checks Actually Work After Expungement

Understanding how background checks pull data helps explain why follow-up matters even after a successful petition.

Most private employers use commercial background check companies. These companies pull data from county court records, state repositories, and national criminal databases. Once a record is sealed or expunged at the source, it should no longer appear when these companies run a standard check. In practice, the update timeline depends on how quickly the databases refresh their records from the courts.

Some checks operate differently and are worth knowing about:

• Federal background checks follow separate rules and may access records that state expungement does not affect
• FBI fingerprint checks used for certain government jobs and security clearances operate through the federal system
• Licensing board checks for healthcare, law, education, and other regulated professions often have access to sealed records
• Law enforcement and court personnel checks may access sealed records with authorization

For most private sector employment and standard housing applications, expungement and sealing work as intended. For government positions, professional licenses, or federal contractors, the situation is more complex and legal advice becomes especially important.

The Online Problem Courts Cannot Fix

This is the part that surprises most people after they complete the legal process.

A court order sealing or expunging your record controls what courts and background check companies can share. It does not control what websites already published. News articles, mugshot pages, and data broker sites pull their information from public records that existed before the expungement. Once published, that content stays live unless you actively have it removed.

The result is a common and frustrating gap: a background check comes back clean while a Google search of your name still surfaces the original arrest, charge, or court date. For many people, the search result is what an employer or landlord looks at first.

Addressing this requires a different set of tools:

• Mugshot site removal: Most major mugshot sites have removal processes. Some require documentation of the expungement. See our guide on finding and removing mugshot listings for the main sites and how each handles requests.
• Data broker opt-outs: Sites like Spokeo, Whitepages, and BeenVerified publish personal and case information. Each has an opt-out process. Our data broker opt-out guide covers the main platforms.
• News article removal: Older articles about arrests or charges sometimes remain indexed in Google. Some publications will update or remove them on request, particularly after expungement. See our guide on removing negative news articles from the internet for how to approach this.
• Court record removal from search: Even after expungement, old court records sometimes remain indexed. Our guide on how to remove court records from the internet walks through the removal process for the main sources.
• Google Search removal: For personal information that still appears in Google results, direct removal requests can be submitted through Google’s tools. See our guide on removing content from Google Search.

The legal process and the online cleanup process often need to happen together. One without the other leaves the job half-done.

Federal Records Are Different

State records and federal records operate in entirely separate systems, and this distinction matters.

Most states offer expungement or sealing for at least some offenses. The federal court system does not. Federal expungement is extremely limited and generally reserved for very narrow circumstances, such as unlawful arrests, clerical errors, or certain juvenile offenses.

If your record comes from a federal court conviction, the legal options available to you are limited. A federal criminal defense attorney is the right starting point for understanding what, if anything, can be done. For online content connected to a federal case, reputation management tools can still reduce visibility even when the legal record itself cannot be cleared.

Frequently Asked Questions

Does expungement remove a record from all background checks?

It removes it from most commercial background checks used by private employers and landlords. Some checks, including FBI fingerprint-based checks, federal employment screenings, and certain professional licensing board reviews, may still access the record depending on the state and the type of expungement granted. For the vast majority of job applications and housing applications, expungement works as intended.

Will a dismissed charge still show up on a background check?

It can, even though you were never convicted. Dismissed charges, dropped cases, and arrests without conviction all create court records that may appear in background check databases. Expungement or record sealing of a dismissed charge is often easier and faster than clearing a conviction, but the legal step is still required for the record to stop appearing.

How long does the expungement process take?

The timeline varies significantly by state and how busy the courts are. Simple cases in some states resolve in a few months. More complex petitions requiring hearings can take six months to over a year. For a fuller breakdown of typical timelines, see our guide on how long expungement takes.

What is the seven-year rule for background checks?

Many people believe convictions disappear from background checks after seven years. That is largely a misconception. The seven-year rule under the Fair Credit Reporting Act limits how far back certain non-conviction information, like arrests without a conviction, can be reported for many jobs. Convictions can generally be reported indefinitely unless expunged or sealed. This misunderstanding causes many people to wait for records to disappear on their own instead of taking action when they actually qualify.

Can I expunge a felony conviction?

It depends entirely on the state and the type of felony. Many states allow expungement of certain non-violent felonies after a waiting period. Violent felonies, sex offenses, and crimes against children are excluded in most states. Some states offer no felony expungement at all. Checking your specific state’s rules is the only way to know for certain.

What if my record appears online even after expungement?

This is common. Expungement controls what courts and background check companies can legally share. It does not automatically remove what was already published on mugshot sites, news archives, or data broker platforms. Those require separate removal requests. Our guides on removing court records from the internet and mugshot removal cover the specific steps for the main sources. NewReputation can also handle this process directly if you prefer not to manage it yourself.

Do I need a lawyer to file for expungement?

Not always. Many courts provide forms and instructions for self-filing, particularly for straightforward non-conviction cases. An attorney is more valuable for complex petitions, cases that require a hearing, or situations where eligibility is unclear. Legal aid organizations in most states offer free assistance for people who qualify based on income. The LawHelp.org directory is a good starting point for finding free legal help in your state.