Here’s what you need to know: How long an expungement takes depends on your state’s laws. Generally speaking, once you are eligible for expungement, it is likely to take around 2-6 months to complete the process.
How long does an expungement take?
Waiting periods
Before you can be eligible for expungement, you’ll need to complete the full terms of your sentence and then wait for a specified period of time.
This is called the “waiting period”, and it varies depending on your offense — for example, a felony will likely have a longer waiting period than a misdemeanor. It also varies according to your state’s laws.
If you were acquitted or your charges were dismissed, you may be able to apply for expungement immediately.
And if you were found guilty of a crime that is no longer a crime (like a marijuana-related offense in Minnesota, where recreational cannabis was legalized), you may also be able to apply for expungement immediately.
Processing expungement
Once you’re eligible and you’ve petitioned for expungement, you might wait weeks to months for an answer. How long you wait, once again, depends on your state’s laws.
Once you’ve petitioned, the state’s attorney may object to your expungement, which could prolong the process further.
Once your expungement is approved, you may also have to wait for the expungement to actually take effect. This will vary, but being proactive about checking the status of your expungement can help to expedite the process.
State-specific laws
Some states have specific legal processes for handling expungements and sealing of court records, but other states do not — which means that your criminal history remains accessible to the public in these states unless specific exceptions apply.
Each state has different laws regarding how quickly expungements must be processed, which can affect how long you wait as well.
For example, in Minnesota:
- After submitting your forms, a hearing must be held within 63 days by law.
- The judge then has up to 90 days from the date of the hearing to make a decision on your case.
- If the judge grants the expungement, another 60 days will pass before the agencies ordered by the court have to seal your records.
If each step takes the maximum amount of time allowed by law, the process can take over 7 months!
For more information, read about the specific expungement laws in your state.
What is expungement?
Expungement is a legal process that allows you to have your criminal record blocked from public access, essentially rendering it invisible to most employers, landlords, and members of the public.
While the record itself still exists, expungement ensures it is not publicly accessible except under specific circumstances, such as by law enforcement or certain governmental agencies.
If you’re trying to move forward after a criminal conviction or arrest, expungement can protect you from the ongoing stigma and barriers that often come with a criminal history. Background checks are often a part of the hiring process or even the process of applying for housing — having a criminal record can seriously complicate these efforts.
The benefits of expungement include:
- Restoring civil rights (including the right to own firearms to all but serious violent offenders)
- Limiting employer/licensing inquiry
- Blocking reports by private background screeners
Am I eligible to have my record cleared?
In most cases, to be eligible, you have to complete all the terms of your sentence — that means completing your probation, paying fines or restitution, and demonstrating that you have lived a law-abiding life since your conviction.
However, the nature of your offense, the outcome of your case, and the amount of time that has passed since you completed your sentence can all affect your eligibility, as well as your state’s laws around expungement (or lack thereof). A lawyer can help you determine your eligibility and navigate the complexities of the expungement process.
Common criteria for eligibility:
- You were not convicted: Cases where charges were dropped, dismissed, or you were found not guilty are generally eligible for immediate expungement.
- Petty misdemeanors and misdemeanors: Traffic violations and low-level misdemeanors are frequently eligible for expungement.
- Certain nonviolent felonies: Some felonies may be eligible for expungement, such as theft or forgery.
- Juvenile delinquency records: These can often be expunged, as most states recognize the need to protect juveniles from lifelong consequences of youthful mistakes.
Even if your case meets these requirements, the judge will make the final decision on whether to expunge your record and seal your case. This is where having a lawyer to argue your case on your behalf can be beneficial.
Some crimes are never eligible for expungement. For example, in Minnesota, these include:
- Certain serious drug offenses
- Crimes requiring registration as a sex offender
- Felonies involving violence, such as murder or sexual assault
It’s also important to note that expungement applies only to state-level offenses, meaning that federal crimes cannot be expunged through this process.
How do you expunge a record?
If you’ve completed your sentence and probation, finished the waiting period, have committed no crimes since, and determined you are eligible for expungement, you can apply by filing a petition for expungement.
You file a petition for expungement in the district court where the case occurred. The petition will include information about your case, reasons for requesting expungement, and evidence of rehabilitation.
You have to provide a copy of your petition to anyone involved in your case, including prosecutors and law enforcement agencies. This is because these entities have a legal right to object to your request.
Next, you must go to a hearing in court to ask for expungement, unless you get a notice from the court that tells you that you do not have to attend a hearing.
What to expect at an expungement hearing
At your hearing, you have the opportunity to tell the judge why you need the expungement.
As mentioned before, prosecutors and law enforcement agencies have the right to object to your expungement at any time before or at the hearing. If they object before the hearing, they often send a letter to the judge with a copy to you.
An objection does not mean that your expungement will be denied; only the judge can make the final decision.
You should be prepared to respond to concerns raised by any objecting party at the hearing. If you receive one or more objection letters, it is a good idea to get legal advice.
The judge will issue a decision based on factors such as your rehabilitation, the nature of your offense, and any objections raised. In the end, the judge is deciding whether your private interest in having the records sealed outweighs the public interest in having access to records of criminal behavior and the actions of police and prosecutors.
If your petition is granted, the court will order agencies with records regarding the offense seald from public access.
Frequently asked questions
How much does an expungement cost?
How much it will cost to file for an expungement depends on your state.
In Minnesota, a filing fee is not required for cases where you were not convicted, not found guilty, and did not plead guilty. But for cases where you were found guilty, or for where you entered a guilty plea (even if you weren’t convicted), a filing fee is required. Minnesota also offers fee waivers for those eligible who cannot afford the filing fee.
What crimes can never be expunged?
It depends on your state, but typically serious drug offenses, violent felonies, or crimes requiring registration as a sex offender are never eligible for expungement. In Minnesota, petty misdemeanors, misdemeanors, and gross misdemeanors are all eligible to be expunged. For felonies, only those contained on the legislatively approved list are eligible.
Does your criminal record automatically clear after a certain period of time?
No. A crime stays on your record forever, unless you get it expunged.
Can law enforcement still access an expunged record?
Yes, in Minnesota, law enforcement can access sealed and expunged records for future charge enhancement, sentencing and other purposes.
How many expungements can I get?
This depends on your state’s laws. Typically, your criminal history will play a factor in whether or not you’re able to get an expungement of your record.
Navigating the expungement process can be confusing and time-consuming, especially since every state has its own requirements, waiting periods, and filing procedures. A criminal defense lawyer experienced in expungement law can help you determine your eligibility, gather the necessary documentation, and represent you at hearings to improve your chances of success. They can also ensure your record is properly sealed once the court grants the expungement — saving you time and stress. If you’re ready to leave your past behind and start fresh, contact us today to schedule a free consultation and find out how we can help you clear your record.
