Do I qualify for expungement?

Q: How do I know if I qualify for expungement?

Eligibility depends on four things: the type of offense, how the case ended, how much time has passed (the waiting period), and your record since. Dismissed charges, acquittals, and completed first-offender programs are the easiest to clear. Most states let you expunge or seal many misdemeanors after a waiting period, and a growing number allow some non-violent felonies. The exact rules are set by each state’s statute.

Q: What disqualifies you from expungement?

Common disqualifiers include pending charges, an unfinished waiting period, outstanding court fines or restitution, and certain excluded offenses — most states permanently bar serious violent felonies, sex offenses, and some DUI convictions from expungement. A new arrest during the waiting period can also reset the clock or disqualify you.

Q: Can a felony be expunged?

In many states, yes — certain non-violent felonies can be expunged or sealed after a longer waiting period, though serious and violent felonies are usually excluded. Felony eligibility rules are the most complex and the most state-specific, so a felony case is the situation where talking to an expungement attorney is most worthwhile.

Q: How long do you have to wait to expunge a record?

Waiting periods are measured from the end of your sentence (including probation and paid fines), not the arrest date. Dismissed charges often have no waiting period. Misdemeanors commonly require 1 to 5 years; felonies commonly require 5 to 10 years. The exact period is set by your state statute and the offense level.

Last updated: June 2026

Expungement eligibility comes down to four questions: what the offense was, how the case ended, how much time has passed, and what your record looks like since. This page walks through each one in plain English to help you understand how eligibility generally works — then points you to the exact rules and licensed attorneys in your state who can review your specific situation.

Not legal advice

ExpungeReady is not a law firm and does not provide legal advice. The information on this page is general educational content about state expungement and record-sealing procedures. Document-preparation services we link to are not a substitute for legal representation. Eligibility rules vary by state, county, and individual circumstances — small mistakes on a petition can cause the court to deny your request.

If your case involves felony convictions, multiple offenses, immigration consequences, professional licensing, federal records, or any uncertainty about eligibility, consult a licensed attorney in your state before filing.

ExpungeReady earns a commission on some links on this page. We only recommend providers we believe are useful for self-represented petitioners.

The 4-part eligibility checklist

1. How did the case end?

This matters most. From easiest to hardest to clear:

Dismissed, acquitted, or never charged — usually eligible right away, often with no waiting period.
First-offender / diversion program completed — typically eligible once the program is finished.
Convicted of a misdemeanor — eligible in most states after a waiting period.
Convicted of a felony — eligible in many states for non-violent offenses after a longer wait; serious/violent felonies are usually excluded.

2. What was the offense?

Most states keep a list of offenses that can never be expunged — commonly serious violent felonies, sex offenses, and certain DUI convictions. Almost everything else is potentially eligible. If your charge isn’t on your state’s excluded list, you likely have a path.

3. Has enough time passed?

Waiting periods are measured from the end of your sentence — including probation and fully paid fines — not the arrest date. Rough guide:

Outcome	Typical waiting period
Dismissed / acquitted	Often none
Misdemeanor conviction	1–5 years
Felony conviction (eligible types)	5–10 years

4. What does your record look like now?

No pending charges anywhere
No new arrests during the waiting period (a new case can reset the clock)
All fines, fees, and restitution paid
Any probation or parole completed

Meet all four? Many people in that position have a strong case worth confirming with an attorney. Unsure on any of them? That’s normal — the next section shows how to confirm.

What disqualifies most people

An unfinished waiting period — the most common reason petitions are filed too early and denied.
Outstanding fines or restitution — pay these off first; most states require it.
A pending or new charge.
An offense on your state’s permanently excluded list.

A denial usually isn’t permanent — you fix the issue and refile after a statutory wait — but it costs time. That’s why confirming eligibility before you file is worth the effort.

Confirm the exact rules in your state

Eligibility is set by state statute, so the specifics — offense lists, waiting periods, and forms — vary. Pick your state for the local rules and a directory of licensed expungement attorneys:

Want a personalized read before you commit? Our expungement prep worksheet asks the same questions an attorney would and organizes your answers for a consultation. If your case involves a felony or anything you’re unsure about, see when to hire an expungement lawyer.

Related guides

Frequently asked questions

How do I know if I qualify for expungement?

It depends on the offense type, how the case ended, how much time has passed, and your record since. Dismissed charges and completed first-offender programs are easiest. Most states allow many misdemeanors after a waiting period, and many allow some non-violent felonies.

What disqualifies you from expungement?

Pending charges, an unfinished waiting period, unpaid fines or restitution, and excluded offenses (most serious violent felonies, sex offenses, some DUIs). A new arrest during the waiting period can also reset the clock.

Can a felony be expunged?

In many states, yes — certain non-violent felonies after a longer waiting period, though serious and violent felonies are usually excluded. Felony rules are the most state-specific, so this is where an attorney is most worthwhile.

How long do you have to wait to expunge a record?

Measured from the end of your sentence (including probation and paid fines), not the arrest date. Dismissed charges often have no wait; misdemeanors commonly 1–5 years; felonies commonly 5–10 years.