Expungement & Record Clearing by State
State-by-state expungement/sealing eligibility by offense type. Click any state on the map or in the table for full details.
Source: National Conference of State Legislatures (NCSL). This is informational only, not legal advice.
Expungement Availability Map
Full Data: Record Clearing by Offense (All 51 Jurisdictions)
| State | Felonies | Misdemeanors | Controlled Substances | Sexual Offenses | Statutes | Status |
|---|---|---|---|---|---|---|
| Alabama | Expungement is only available for certain offenses that have been dismissed by the court; convictions are not expungable. | Expungement is only available for certain offenses that have been dismissed by the court; convictions are not expungable. | Same as general provisions — only dismissed offenses. | Same as general provisions — only dismissed offenses. | § 15-27-1 et seq. | Limited |
| Alaska | A person may submit a written request to the head of the agency responsible for maintaining past conviction asking to seal such information about the person that, beyond a reasonable doubt, resulted from mistaken identity or false accusation. | Same as felonies. | Same as felonies. | Same as felonies. | § 12.62.180 | Limited |
| Arizona | Cannot expunge, erase or seal an arrest or charge on an Arizona criminal record. However, an individual may be able to have a felony or a misdemeanor conviction set aside. It relieves collateral consequences but does not seal record. | Same framework as felonies — set-aside available but does not seal record. | Same framework as felonies. | Cannot set aside sex offenses. | § 13-905 | Limited |
| Arkansas | Types of felonies eligible for sealing: Class C and D felonies; unclassified felonies; and certain drug convictions. If all conditions and court orders pertaining to offense have been met, petitioner must wait 60 days to petition for sealing. | There is a five-year waiting period for certain offenses including: Class A negligent homicide; battery in the third degree; indecent exposure, public sexual indecency; sexual assault in the fourth degree; domestic battery in the third degree. | Special procedures exist for sealing a controlled substance possession. May petition for sealing if: prior to sentencing, a court-appointed officer determined petitioners' eligibility for residential drug treatment. | Felony sex offenses cannot be sealed. If charges are discharged or dismissed, a person may seek to have the criminal record sealed unless the person has previously been convicted of a sexual offense and the victim was under the age of 18. | § 16-90-1401 et seq. | Available |
| California | Felonies that qualify for expungement are those which could have otherwise been charged as misdemeanors, or felonies which are able to be reduced. | Dismissal of charges or set-aside for probationers, misdemeanants and minor felony offenders sentenced to county jail. | Automatic purging of possession offenses after two years. | Convictions of certain sex offenses that involve children are not eligible for expungement. | Cal Penal Code §1203.4, Cal. Health & Safety § 11361.9, Cal. Penal Code § 1000 et seq., Cal. Health & Safety § 11361.5 | Available |
| Colorado | Sealing for misdemeanors and all but most serious felonies, subject to variable waiting period from one to five years. | Can petition for sealing unless: Class 1 or 2 misdemeanor traffic offense; Class A or B traffic infraction; crimes involving a commercial driver's license; domestic violence convictions; sex crimes. | Sealing: drug petty offense may file motion one year after the final disposition; any drug misdemeanor – the motion may be filed two years after the final disposition. | Felony offenses involving unlawful sexual behavior shall not be expunged. | § 24-72-701 et seq. | Available |
| Connecticut | Limited circumstances for adult erasure. Record may be erased if: charged with a crime but found not guilty; case was dismissed; charges were dropped at least 13 months ago; or case was continued at least 13 months ago. | § 54-142d authorizes erasure of convictions and other criminal records in cases where the charges resulting in conviction have been decriminalized. | Same as misdemeanors framework. | Cannot erase sex offenses. | § 54-142 et seq. | Limited |
| Delaware | Can petition for discretionary expungement if convicted of a felony and at least seven years have passed with certain exceptions. | Mandatory expungement upon application through the State Bureau of Investigation when the person was convicted of one or more misdemeanors relating to the same case; five years have passed since the date of conviction. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | No automatic expungement for sex related offenses. A person is not eligible for an expungement if conviction for incest, unlawful sexual contact in the third degree or unlawfully dealing with a child. | 11 Del. C. § 4371 et seq. | Available |
| District of Columbia | Sealing only available by petition for felony failure to appear convictions after eight years of completion of sentence and no disqualifying arrests or convictions. | Must wait eight years after the completion of sentence to petition for sealing and may not have a disqualifying arrest or conviction. | Only misdemeanor-controlled substance charges may be sealed. Sealing of public records for decriminalized or legalized offenses is available. | No sealing for a misdemeanor offense for which sex offender registration is required, misdemeanor sexual abuse and violating the sex offender registration act. | § 16-801 et seq. | Available |
| Florida | A person is ineligible for expungement of his or her record if they have been convicted of a felony or any of the statutorily listed misdemeanor offenses. | Records of 'withheld' cases (deferred adjudication) may be sealed if the charges are otherwise eligible, and the person has no prior convictions or expungements. | Offenses ineligible for expungement include: drug trafficking; manufacturing a controlled substance. | Offenses ineligible for expungement include: sexual misconduct; luring or enticing a child; human trafficking; any violation that requires sex offender registration. | § 943.059 | Limited |
| Georgia | No authority to seal or expunge most adult convictions, but a statute to limit public access to 'first offender' records, including sealing court records under authority of § 35-3-37. | The record would be unsealed if first offender status is revoked. | Same framework as general provisions. | Same framework as general provisions. | § 42-8-62.1 | None |
| Hawaii | Typically, charges with guilty dispositions not expungable except in the following circumstances: Operating a vehicle after consuming a measurable amount of alcohol (persons under the age of 21); sentencing for first-time drug offenders. | Additionally, convictions for prostitution and related offenses may be vacated and sealed by the court after a three-year waiting period if there are no subsequent convictions. | Deferred adjudication is available for nonviolent first-time offenses, and the record may be expunged after one year upon if the person applies for expungement. | Covered under prostitution/related offenses provisions. | § 706-620 et seq. | Limited |
| Idaho | No statutory authority to seal or expunge adult convictions. § 67-3004 authorizes sealing of non-conviction records upon request to the state police after one year. | Same as felonies — no statutory authority to seal or expunge adult convictions. | Same as felonies. | Same as felonies. | § 67-3014 et seq. | Available |
| Illinois | Records that may be expunged are described in 20 ILCS 2630/5.2(b) and include arrests that resulted in no charges, acquittal or dismissal; and convictions 'set aside on direct review.' | Limited records may be sealed pursuant to 20 ILCS 2630/5.2(C)(2). | Same framework as general provisions. | Same framework as general provisions. | 20 ILCS 2630/5.2 | Available |
| Indiana | May petition for expungement eight years after the date of conviction for a Class 6 Felony and other felonies that aren't in the list of 'non-expungable.' | A person may petition a court to expunge all conviction records five years after the date of conviction for a misdemeanor or a felony reduced to a misdemeanor. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | No expungement for a sex or violent offenses. | § 35-38-9-0.5 et seq. | Available |
| Iowa | There is no statutory authority to expunge or seal felony convictions. | All misdemeanors (exception for those specifically excluded in statute) if more than eight years have passed since the date of the conviction. | Substance-related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | No expungement for convictions of sexually based offenses. | § 901C.1 et seq. | Available |
| Kansas | Class D or E felonies expungable after three years. Class A, B or C felonies can be petitioned for expungement after five years. Serious violent offenses excluded from eligibility. | Any person convicted of a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony may petition for expungement if three or more years have passed. | A severity level 4 drug and level 5 drug crime committed after 07/01/2012 will need a waiting period of at least five years before record expungement. | Sex offenses not eligible for expungement if required to register under Kansas offender registration act. | § 21-6614 | Available |
| Kentucky | Certain listed Class D felony convictions may be vacated and expunged after five years of the person's sentence or completion of parole or probation. | Any person who has been convicted of a misdemeanor, a violation or a traffic infraction may petition the court for expungement after five years since the completion of that person's sentence. | First conviction of possession of a controlled substance may be voided, which has the same effect as expunging the conviction. | Sexually based offenses not expungable. | § 431.005 et seq., § 218a.275(8) | Available |
| Louisiana | A person may file a motion to expunge if 10 years have elapsed since the completion of the sentence and the person has not been convicted of any felony offense during the 10-year period. | A person may file a motion to expunge if five years have elapsed since the completion of the sentence and the person has not been convicted of any felony offense during the five-year period. | No expungement available for felony convictions involving a violation of the Uniform Controlled Dangerous Substance Law with a few exceptions listed in statute. | Misdemeanor and felony convictions are not eligible if they arose from a circumstance involving or are the result of an arrest of a sex offense. | C.Cr.P. Art. 971 et seq. | Available |
| Maine | Maine has no authority for sealing or expunging adult convictions. | Same — no authority for sealing or expunging adult convictions. | Same — no authority. | Same — no authority. | 15 M.R.S. § 3301 et seq. | None |
| Maryland | Only specific felonies may be expungable including: theft; a prohibition against possession with intent to distribute a controlled dangerous substance; burglary in the first, second and third degree. Must wait 15 years to petition. | 100 enumerated misdemeanors are expungable. Examples include: disorderly intoxication; failure to deposit money; bribery of person participating in or connected with athletic contests. Must generally wait 10 years to petition. | Felony and misdemeanor substance related offenses are expungable. | Felony sex offenses are not expungable. Misdemeanor offenses for engaging in prostitution; soliciting prostitution; and house of prostitution are expungable offenses. | Crim. Proc. § 10-101 et seq. | Available |
| Massachusetts | Felonies may be sealed after seven years if no subsequent conviction. | Misdemeanors may be sealed after three years if no subsequent convictions. | Substance-related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Sex offenses are not eligible for sealing for 15 years following their disposition provided that any sex offender who has at any time been classified as a level 2 or level 3 sex offender shall not be eligible for sealing of sex offenses. | Ch. 276, § 100A | Available |
| Michigan | A person who is convicted of not more than one felony offense and not more than two misdemeanor offenses may petition the convincing court to set aside the felony offense. | A person who is convicted of not more than two misdemeanor offenses and no other felony or misdemeanor offenses may petition the convicting court or courts to set aside one or both the misdemeanor convictions. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Criminal sexual conduct; child abuse in any degree; human trafficking are offenses that are ineligible for sealing. | § 750.520b, § 780.621 | Available |
| Minnesota | Expungement only for specific felony violations listed in § 609A.02(3) and has not been convicted for a new crime for at least five years since discharge of sentence. | Expungement available for all misdemeanors as long as no new convictions and more than two years have passed since discharge of the sentence for the crime. Gross misdemeanors require four years. | All misdemeanor-controlled substance offenses are expungable. For felony-controlled substance offenses, felony offenses in the fifth degree and the sale of simulated controlled substances are expungable. | Offenses that require registration for predatory offenders may not be expunged. | § 609A.01 et seq. | Available |
| Mississippi | May expunge one felony conviction five years after successful completion of all terms and conditions of the sentence. Ten enumerated felonies are ineligible. | Any person who has been convicted of a misdemeanor that is not a traffic violation can petition for expungement. | No expungement for felony trafficking in controlled substances. | No expungement for felonies classified as failure to register as a sex offender or voyeurism. | § 99-19-71 | Available |
| Missouri | Felonies expungable with 11 exceptions. Must wait at least seven conviction-free years from the date the petitioner completed the disposition. | Misdemeanors expungable after three conviction-free years from the date the petitioner completed any authorized disposition. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | No expungement for felony offenses that require registration as a sex offender. | § 610.140 | Available |
| Montana | No expungement. | Can only expunge misdemeanor offenses one time. | Misdemeanor controlled substance convictions eligible for expungement, but not felony. | Expungement not presumed for sexual assault but can still be granted upon the court's determination and good cause. | § 46-18-1104 et seq., § 46-18-1108 | None |
| Nebraska | No authority to seal or expunge, but courts may 'set aside' conviction for those sentenced to probation for any infraction, misdemeanor or felony. | A 'set aside' conviction nullifies the conviction and removes all civil disabilities and disqualifications but does not expunge or seal the record. | Same framework as general provisions. | Same framework as general provisions. | § 29-2264 | None |
| Nevada | Expungable: Category A felony, a crime of violence or burglary after 10 years. Category B, C or D felonies after five years. Category E felony after five years. | Expungable: Gross misdemeanor after two years. Battery, harassment or stalking after two years. Any other misdemeanor after one year. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | May not petition for a conviction of a crime against a child or a sexually based offense. | § 179.2405 et seq. | Available |
| New Hampshire | Annulment allowed: Class B felony after five years. Class A felony after 10 years. | Annulment allowed: Class A misdemeanor after three years. Any misdemeanor where the victim was a family member or intimate partner after three years. | For a class A misdemeanor or felony offense after two years. | Annulment allowed: Misdemeanor Sexual Assault after 10 years. Felony indecent exposure or lewdness after 10 years. | § 651:5 | Available |
| New Jersey | Petition-based expungement for a single 'indictable' offense is authorized five years after completion of sentence. Clean Slate law allows entire record of almost all arrests and convictions to be expunged automatically after 10 years. | Petition-based expungement of up to three 'disorderly persons' offenses after a three-years waiting period running from the last conviction. Clean Slate law allows entire record to be expunged automatically. | Convictions for the sale or distribution of a controlled dangerous substance or possession with the intent to sell cannot be expunged, except in cases where the crime involves: marijuana (less than one ounce). | Not expungable: Human trafficking; luring or enticing; sexual assault or aggravated sexual assault; aggravated criminal sexual contact; criminal sexual contact (if the victim was a minor). | § 2C:52-1 et seq. | Available |
| New Mexico | Must wait at least four conviction-free years to petition for expungement for a conviction of a fourth-degree felony. Six years if a third-degree felony. Eight years if a second-degree felony. Ten years if a first-degree felony. | Must wait two conviction-free years to petition for expungement for a violation of a municipal ordinance or a misdemeanor. Must wait at least four conviction-free years for a misdemeanor conviction for aggravated battery. | Not specifically listed as ineligible for expungement. | Not expungable: offense committed against a child; sex offense as defined in § 29-11A-3. | § 29-3A-5 | Available |
| New York | Sealing of convictions after 10 years. Available for up to two offenses, only one of which may be a felony. Class A felonies and violent felonies not sealable. | Sealing a record means the record remains accessible to agencies authorized to conduct background checks. Sealing may extend to up to two prior misdemeanors. | Conditional sealing of certain felony drug and other specified convictions for participants in judicial diversion program or in drug treatment program sanctioned by prosecutor or court. | Not sealable: most sex offenses, including those that require sex offender registration. | Crim. Proc. Law § 160.10 et seq. | Available |
| North Carolina | Not eligible: Class A through G felonies; violent felonies. Eligibility waiting period is 10 years after completion of sentence for felonies. Certain offenses statutorily excluded. | Not eligible: Class A1 misdemeanor; violent misdemeanors. Eligibility waiting period is five years after completion of sentence for misdemeanors. Certain offenses statutorily excluded. | Not eligible: any felony offense where the offense involves methamphetamines, heroin or possession with intent to sell or deliver or sell and deliver cocaine. | Not eligible: any of the following sex-related or stalking offenses: statutory rape of person who is 15 or younger; statutory sexual offense with a person who is 15 or younger. | § 15A-145 et seq. | Available |
| North Dakota | Sealing for any felony offense upon petition as long as the individual was not charged with a new crime for at least five years from the date of release. Ineligible for sealing: a felony offense involving violence or intimidation. | Sealing for any misdemeanor offense as long as the individual was not charged with a new crime for at least three years from the date of release. | Substance-related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Sealing not eligible: any sex offense against a child. | § 12-60.1-02 | Available |
| Ohio | Sealing available after three years after the offender's final discharge if convicted of one felony in the fourth or fifth degree. After four years after the offender's final discharge if convicted of two felonies. | Sealing available at the expiration of one year after the offender's final discharge if convicted of a misdemeanor. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Felony sex offenses ineligible. | § 2953.31 et seq. | Available |
| Oklahoma | Expungement available for a single nonviolent felony not specifically listed as ineligible if the person has not been convicted of any other felony; the person has not been convicted of a separate misdemeanor in the last seven years. | Expungement available for misdemeanors after five years if the person has not been convicted of a felony and no felony or misdemeanor charges are pending against the person. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Felony offenses that require sex offender registration are not eligible for expungement. | 22 Okl. St. § 18 | Available |
| Oregon | 'Set Aside' available if three years has passed for: Class B felony, except for firearms offense only if 20 years or more have elapsed from the date of the conviction sought to be set aside. | Any misdemeanor may be set aside after three years. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Sex crimes are generally ineligible for set-aside with specific exceptions listed in § 137.225(6)(f). | § 137.225 | Available |
| Pennsylvania | Expungement is only available if the person has been dead for three years or if the person is 70 years old and has not been convicted of a new offense within 10 years of completion of the sentence. | Expungement for 'qualifying' misdemeanors and ungraded offenses under order for limited access after 10 crime-free years. Ungraded offenses must carry a maximum penalty of no more than five years. Only misdemeanor offenses eligible. | Same as misdemeanors framework. | Sex offenses ineligible. | 18 Pa.C.S. § 9121 et seq. | Available |
| Rhode Island | A person may file a motion for the expungement of records relating to felony convictions (except for crimes of violence) after 10 years. Any person who is a first offender may file a motion for the expungement of all records. | Any person convicted of more than one misdemeanor, but fewer than six misdemeanors, and has not been convicted of a felony, may file a motion for the expungement of any or all of those misdemeanors after five years. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Crimes not eligible for expungement: kidnapping with intent to extort; first- and second-degree sexual assault; first- and second-degree child molestation. | § 12-1.3-1 et seq. | Available |
| South Carolina | No expungement available. | Expungement after three conviction-free years for a crime carrying a penalty of not more than 30 days imprisonment or a fine of $1,000. Must wait five conviction-free years for domestic violence misdemeanors. | Expungement for first-time drug possession offenses after a three-year waiting period and to first-time possession with intent to distribute offenses after a 20-year waiting period. | Sex offenses not eligible. | § 22-5-910 et seq. | None |
| South Dakota | No general authority to seal or expunge adult convictions. Any charge or conviction resulting from a case where a petty offense, municipal ordinance violation or a Class 2 misdemeanor was the highest charged offense shall be automatically removed after 10 years. | Same as felonies — limited to automatic removal of petty offenses and Class 2 misdemeanors after 10 years. | Same as general provisions. | Same as general provisions. | § 23A-3-34 | None |
| Tennessee | Only certain enumerated Class E felonies are eligible for expungement, by petition and at least five years have passed since the completion of the sentence. | All misdemeanors with the exception of 45 enumerated offenses are eligible for expungement after at least five years have passed since the completion of the sentence. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Ineligible for expunction: indecent exposure; violation of community supervision by sex offender; soliciting minor to engage in Class E sexual offense. | § 40-32-101 | Available |
| Texas | May petition for Order of Nondisclosure (OND) following discharge from deferred adjudication community supervision after five years. Ineligible: specified violent offenses listed in § 411.074. | OND for first offense misdemeanor convictions after two years. Certain excluded offenses involving intoxication. No waiting period applies for fine-only misdemeanors. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Not eligible for OND if person is currently or has previously been placed on deferred adjudication community supervision for: an offense requiring registration as a sex offender; aggravated kidnapping. | Gov't Code § 411.071 et seq. | Available |
| Utah | To petition for expungement must wait seven years for most felony offenses; five years for felony drug possession. Serious and violent felony offenses not eligible. | To petition for expungement must wait: five years for a Class A Misdemeanor; four years for a Class B Misdemeanor; three years for other misdemeanors or infractions. For a DUI or Reckless Driving, must wait 10 years to petition. | Must wait 10 years to petition for misdemeanor and felony-controlled substances convictions that involve driving while under the influence of a controlled substance. | Registerable Sex Offenses and Registerable Child Abuse Offenses not expungable. | § 77-40-101 et seq. | Available |
| Vermont | Only 12 felony offenses eligible for expungement: burglary, excluding any burglary into an occupied dwelling; uttering a forged or counterfeited instrument; grand larceny; criminal mischief; related to fraud or deceit; and certain possession of controlled substances. | Thirty-one eligible offenses. At least 10 years have passed since the completion of the sentence for the conviction; person has not been convicted of a felony arising out of a new incident in the last seven years. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Sex offenses not eligible. Cannot seal or expunge violent or sex-related misdemeanors, violation of a protection order, and prostitution. | 13 V.S.A. § 7601 et seq. | Available |
| Virginia | No provisions for expunging adult conviction records. | No provisions for expunging adult conviction records. | No provisions for expunging adult conviction records. | No provisions for expunging adult conviction records. | § 19.2-392.2 | None |
| Washington | An offender whose conviction has been vacated may state for all purposes that he or she has not been convicted of that crime. The court file is not destroyed and, unless it is sealed, it is still accessible to the public. | Vacating misdemeanors after three years: Except for the offenses in § 9.96.060(2)(e), a sentencing court may vacate a conviction for a misdemeanor or a gross misdemeanor. The offense must not be a violent offense, a DUI offense, a sex offense or an offense involving domestic violence. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Not eligible: a violation, including attempt, of obscenity and pornography; sexual exploitation of children; sex offenses; and failure to register as a sex offender. | § 9.94A.640 | Available |
| West Virginia | Nonviolent felonies eligible for expungement after five years. Only a single felony offense or multiple felony offenses arising from the same transaction or a series of transactions may be expunged. | One misdemeanor: Eligible for expungement after one year from completion of any sentence or period of supervision. Multiple misdemeanors: Eligible for expungement after two years. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Not eligible for expungement: incest; sexual abuse in the second degree; sexual abuse in the third degree. | § 61-11-26 | Available |
| Wisconsin | No general authority for expunging adult convictions, but some expungable offenses if under the age of 25 at the time the offense was committed § 973.015. | Same as felonies — limited to offenses committed under age 25. | Same as felonies. | Same as felonies. | § 973.015 | None |
| Wyoming | May petition for expungement of a single felony if at least 10 years have passed since the expiration of the terms of the sentence imposed by the court, the completion of any program ordered by the court. | May petition for expungement if the misdemeanor did not involve the use or attempted use of a firearm. | Substance related offenses are not specifically listed and would fall into either felony or misdemeanor categories. | Sexual offenses ineligible including but not limited to: sexual assault in the first and second degree; sexual abuse of a minor. | § 7-13-1501 et seq. | Available |