Serving your time should be the end of your punishment — but for millions of Americans, a criminal record keeps punishing them long after release.
It blocks jobs.
It limits housing.
It raises loan rates.
It keeps doors closed — even when you’ve already changed your life.
The good news? 2026 is one of the best years in history to clear your record.
More states are expanding Clean Slate laws, launching automatic expungement, and using AI-driven record clearing to help people move on faster.
If you were charged but not convicted, completed probation, or finished your sentence years ago, you may already qualify — or be closer than you think.
This guide walks you through:
- The difference between expungement vs. record sealing
- Who qualifies in 2026
- Step-by-step instructions to clear your record
- Common mistakes that delay approval
- How to remove your record from courts AND the internet
- Where to get free legal help
This isn’t about hiding your past.
It’s about not being trapped by it.
Expungement vs Record Sealing — What’s the Difference?
Expungement usually means your record is deleted or erased — treated as if it never existed.
Record sealing hides the case from public view but keeps it accessible to law enforcement or courts.
In simple terms:
- Expungement = erase
- Sealing = hide
Which one you qualify for depends on:
- Your state
- The offense type
- Whether you completed your sentence
- How long it’s been since the case closed
Quick Decision: Should You Apply Right Now?
✅ Apply ASAP if:
- Your charges were dismissed or dropped
- You completed probation or parole
- It’s been 2+ years since your last conviction
- Your offense was non-violent
⚠️ Get legal guidance first if:
- You have multiple felony convictions
- You still owe court fines or restitution
- Your eligibility is unclear
- You have pending charges
If you’re unsure, Legal Aid offices often offer free eligibility checks.
Step 1: Check Your Eligibility (2026 Update: Clean Slate Laws)
Major 2026 update: Many states now offer automatic expungement or sealing for qualifying non-violent cases — meaning you may not even need to file a petition.
This is known as Clean Slate legislation.
States expanding automatic expungement include:
- Minnesota
- New York
- Michigan
- Virginia
- Pennsylvania
- Utah
- California
👉 Before paying fees or hiring a lawyer, check whether your record is already eligible for automatic clearing.
Where to check:
- Your state judicial website
- The Clean Slate Initiative
- Local Legal Aid organizations
What typically affects eligibility:
- Type of offense (violent crimes are harder to clear)
- Case outcome (dismissed cases are easiest)
- Waiting period (often 2–5 years after completion)
- Whether fines and restitution are paid
Step 2: Get a Certified Copy of Your Criminal Record
You’ll need accurate case details before filing.
Common sources:
- State Bureau of Investigation ($15–$30 fee)
- County Court Clerk (ask for certified docket records)
- FBI Identity History Summary (for multi-state cases)
Important:
Double-check that:
- Case numbers match
- Dispositions are correct
- No outdated charges remain
If something is wrong, file a motion to correct record before applying.
Step 3: File Your Expungement or Sealing Petition
Once eligible, file in the same court where your case was handled.
Typical process:
- Complete the official petition form
- List all case numbers and charge outcomes
- Attach certified records
- Pay filing fee ($100–$300 in most states)
- Request a fee waiver if low-income
- Serve notice to the prosecutor
- Wait for review (some cases require hearings)
Timeline:
2–6 months on average in 2026
(Some Clean Slate cases clear automatically within 30–90 days)
Step 4: Attend a Hearing (If Required)
Some petitions require a court appearance.
What judges typically look for:
- Time since offense
- Proof you completed sentencing
- Employment or education
- Evidence of rehabilitation
- Community stability
Example statement:
“I’ve completed my sentence, stayed out of trouble, and built a stable life. Clearing my record will help me continue moving forward.”
Bring proof of:
- Employment
- Certificates or training
- Letters of support
- Completed probation
If approved, request a certified copy of the expungement order.
Step 5: Notify All Agencies (Courts Don’t Do This Automatically)
Once your record is cleared, you must ensure every agency updates their files.
Notify:
- State Police / DOJ
- Local law enforcement
- Department of Corrections
- Court clerks
- Background screening companies
- Private data brokers
Keep digital and physical copies of your order.
⚠️ The Digital Ghost Problem (2026 Reality)
Clearing your record in court does not automatically erase it from the internet.
Background check companies and data brokers may still store your history.
Major screening companies include:
- Checkr
- Sterling
- HireRight
- GoodHire
What to do:
- Send them a certified expungement order
- Request immediate data removal
- Monitor background reports for errors
In 2026, clearing your record legally is only half the battle — clearing it digitally is the other half.
Step 6: Verify Your Record Is Truly Gone
After 30–90 days, run checks again:
- Pull a state background report
- Google your name
- Search major people-finder sites
If your record still appears:
- Send the expungement order again
- File correction requests
- Escalate to Legal Aid if needed
Keep proof permanently.
Step 7: Marijuana Convictions — Fastest Win in 2026
2026 update: Most states that legalized marijuana now automatically expunge old possession cases.
If you have a marijuana conviction:
- It’s often free to clear
- Processing is usually fast
- Many cases are removed in bulk
👉 If you qualify, prioritize this — it’s one of the easiest clean-ups available now.
Common Mistakes That Delay Expungement
❌ Filing in the wrong court
❌ Incorrect case numbers or dates
❌ Unpaid fines or restitution
❌ Forgetting to notify agencies
❌ Ignoring private background databases
❌ Skipping legal review on complex cases
Pro insight:
Many courts now use AI screening systems — missing one attachment can trigger automatic rejection.
Frequently Asked Questions (2026)
How long does expungement take?
2–6 months on average. Automatic Clean Slate cases can resolve faster.
Do I need a lawyer?
Not always — but Legal Aid can prevent costly mistakes, especially for complex cases.
Can employers still see my record?
Usually no — except law enforcement, courts, or security-sensitive jobs.
Can I legally say “No” to conviction questions?
Yes, in most cases after expungement.
(Some government or clearance jobs still require disclosure.)
What if I moved to another state?
You must file in the state where the conviction occurred.
Will my record disappear from Google?
Not automatically — you may need to request removals from data broker sites.
How much does it cost?
Usually $100–$300 per case — fee waivers are available.
Why Expungement Changes Your Life in Real Terms
Clearing your record can:
- Improve job approval odds
- Increase housing acceptance
- Lower loan and credit rejections
- Reduce stigma and stress
- Give you a real psychological fresh start
This isn’t about pretending your past didn’t happen.
It’s about not letting your past control your future.
Summary: Your Second Chance Starts Here
Expungement is more than paperwork — it’s freedom from a shadow that follows you everywhere.
2026 is one of the strongest years ever for clearing records thanks to:
- Clean Slate laws
- Automatic sealing
- Digital case processing
- Expanding second-chance legislation
If you’ve already rebuilt your life — this is the final step to fully move forward.
Next Steps
👉 Check your eligibility via your state court or Clean Slate Initiative
👉 Gather your records
👉 File your petition (or confirm automatic clearing)
👉 Monitor digital background databases
Helpful Resources:
- Legal Aid & Reentry Support Directory
- Jobs After Felony Conviction
- Housing Options for Returning Citizens
- Clean Slate Clearinghouse
- NACDL Restoration of Rights Project