Abogados de Expungement

Expungement Lawyers in the United States

A criminal record can follow you for decades, affecting your ability to get a job, rent an apartment, or qualify for loans. Expungement is the legal process of sealing or erasing a criminal record so it no longer appears in most background checks. An experienced expungement lawyer can determine whether you qualify and handle the petition process from start to finish.

What Expungement Law Covers

Expungement law deals with removing arrests, charges, and convictions from a person's public criminal record. The specific offenses eligible for expungement vary widely depending on your jurisdiction, but many states allow it for misdemeanors, non-violent felonies, and cases that ended in dismissal or acquittal.

Some jurisdictions also offer related relief like record sealing, certificates of rehabilitation, or orders of non-disclosure. These options may apply even when full expungement isn't available. Over 30 states have expanded their expungement laws since 2018, with several now offering automatic expungement for certain eligible offenses.

When to Hire an Expungement Lawyer

• You were arrested but never convicted and the record still shows up on background checks
• You completed probation or a diversion program and want to clear your record
• A past conviction is blocking you from employment, housing, or professional licensing
• You're unsure whether your offense qualifies for expungement under your state's laws
• Your petition was previously denied and you want to refile with stronger arguments

How the Expungement Process Works

The process starts with a thorough review of your criminal history. Your lawyer will pull records from courts, law enforcement databases, and the state repository to confirm exactly what needs to be addressed.

Next, your attorney files a petition for expungement with the appropriate court. Some jurisdictions require a waiting period after completing your sentence — typically ranging from one to ten years depending on the offense. The district attorney's office may object, and a judge will hold a hearing to decide your case.

If granted, the court orders all agencies to seal or destroy the relevant records. The entire process usually takes between two and six months, though contested cases can take longer.

How Expungement Outcomes Are Determined

• Type of offense — misdemeanors and non-violent crimes are far more likely to qualify than serious felonies or sex offenses
• Time elapsed — judges evaluate how much time has passed since conviction or sentence completion
• Criminal history — a clean record after the offense significantly strengthens your petition
• Completion of all sentencing requirements, including fines, restitution, community service, and probation
• Whether the offense was a first-time conviction or part of a pattern of criminal conduct

Frequently Asked Questions

Will an expunged record still appear on FBI background checks?

In most cases, expunged records will not appear on standard background checks. However, certain federal agencies and law enforcement databases may still retain the information. If you apply for a federal security clearance or certain government positions, a sealed record could still be visible.

Can I legally say I was never convicted after expungement?

Generally, yes. Most states allow you to legally deny the existence of an expunged arrest or conviction on job applications and housing forms. There are exceptions for specific employers like law enforcement agencies, the military, and some licensing boards that ask about sealed records directly.