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How do I get my criminal record expunged?

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AI Paralegal Answer
Expungement (also called "expunction" or "record sealing" in some states) is a legal process that removes or seals a criminal record from public view. Eligibility requirements, the process, and the effect of expungement vary significantly by state — there is no federal expungement law for state convictions. [1][2] **What expungement does [1] A successful expungement typically: - Removes the arrest or conviction from background checks accessible to most employers, landlords, and the general public - Allows you to legally answer "no" when asked about criminal history in most private employment applications - Does not permanently destroy the record — law enforcement, courts, and some government agencies may still access it General eligibility factors (vary by state) [2] - Type of offense — most states allow expungement of misdemeanors and low-level, non-violent felonies; serious felonies (murder, rape, child abuse) are typically ineligible - Time elapsed since conviction or completion of sentence (commonly 3–10 years) - Completion of sentence — including probation, parole, fines, and restitution - No new offenses during the waiting period - Arrests without convictions — many states allow expungement of arrests that did not lead to conviction (often with no or very short waiting periods) General steps to file for expungement [2] 1. Obtain your criminal record from the state court or state bureau of investigation 2. Determine eligibility — review your state's expungement statute to see if your conviction qualifies 3. Complete the petition/application — typically filed with the court where you were convicted 4. Pay filing fees (often $100–$400; some states offer fee waivers) 5. Notify required agencies (prosecutor's office, etc.) as required by state law 6. Attend a hearing if the court requires one 7. Receive the court order and file copies with relevant agencies (state police, FBI in some cases) Federal criminal records Expungement of federal criminal convictions is generally not available under current federal law, except for certain juvenile offenses. Congress has debated but not yet enacted a general federal expungement statute. States with automatic expungement Some states (e.g., California, Michigan, Pennsylvania) have enacted automatic expungement** for eligible offenses after a waiting period — no petition required. *Consult a criminal defense or expungement attorney in your state. Many provide free consultations, and some nonprofit legal organizations offer free expungement assistance.*

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