What Happens After Expungement?

Expungement gives people a second chance by limiting who can see an old arrest or conviction. What it accomplishes depends on your state's law.

Expungement vs. sealing

• Expungement: the record is destroyed or treated as if it never existed (Cornell LII).
• Sealing: the record still exists but is hidden from the public and available only to certain agencies or by court order.

Many states use the terms loosely, so read your state's statute or court order.

What changes after expungement

• Court and police records are removed from public access.
• Most private employers, landlords and lenders running background checks should not see the case.
• In many states you can lawfully answer "no" when asked about the arrest or conviction on most job or housing applications.

What usually does not change

• Law enforcement and prosecutors may still see the record, and it can count as a prior offense if you are charged again.
• Some licensing boards and jobs (police, child care, health care, finance, security clearances) may require disclosure.
• Immigration: federal immigration authorities generally still consider expunged convictions. Non-citizens should get immigration advice.
• Firearms: whether rights are restored depends on state and federal law.
• DUI: many states exclude DUIs from expungement or still count them for repeat-offense penalties.
• Federal convictions: there is no general federal expungement law.

Private background check companies

Background check companies may have copied the record before it was expunged. Under the Fair Credit Reporting Act they must use reasonable procedures for accuracy, and you can dispute outdated information (15 U.S.C. 1681c; FTC). Send a copy of your expungement order to the major screening companies and dispute any report that still shows the case.

How long it takes

After the court grants the order, it usually takes weeks to a few months for courts and state repositories to update.

Clean slate laws

A growing number of states have "clean slate" laws that automatically seal certain older records after a waiting period without a petition. Eligibility and timing vary.

Next steps

Get a certified copy of the order, check your state repository record, and run your own background check after a few months. A criminal defense lawyer can tell you if you are eligible and file the petition. See also what shows up on a background check.

Sources

1. Cornell Law School LII: Expungement
2. Cornell Law School LII: 15 U.S.C. 1681c, Requirements relating to information contained in consumer reports
3. Federal Trade Commission: Background checks, what job applicants and employees should know