How to Calculate Expungement Eligibility

What is Expungement Eligibility?

An expungement eligibility calculator determines whether you can have a criminal record sealed or expunged based on your state’s laws, the type of conviction, time elapsed, and subsequent criminal history. Expungement removes or hides the record from public background checks.

Formula

Eligible if: Conviction Type is Eligible + Waiting Period Met + No Subsequent Convictions + All Sentences Completed

CT: Conviction Type (category) — Misdemeanor, felony, or infraction classification
WP: Waiting Period (years) — Required time after sentence completion (typically 1–10 years)
FC: Filing Cost ($) — Court filing fee for expungement petition

Step-by-Step Guide

1Identify the conviction type and check if it is eligible for expungement in your state
2Verify that the required waiting period has passed since completion of the sentence
3Confirm no subsequent arrests or convictions during the waiting period
4File a petition with the court and attend the expungement hearing

Worked Examples

Input

First-offense misdemeanor in Ohio, 1 year since completion

Result

Likely eligible. Filing fee ~$50 + attorney $500–$1,500

Input

Felony drug possession in California, 5 years since completion

Result

May be eligible under Prop 47 reclassification. Free petition process.

Common Mistakes to Avoid

✕Assuming all convictions are eligible — violent felonies and sex offenses are rarely expungeable
✕Not realizing that expungement does not delete the record from all databases
✕Waiting too long to file — some states have windows that close

Frequently Asked Questions

Does expungement remove the record completely?

Not entirely. Law enforcement and certain government agencies can still access expunged records. However, the record will not appear on standard background checks for employment, housing, and education.

Can I expunge a DUI?

In many states, yes, a first-offense DUI can be expunged after the waiting period and completion of all requirements. Second or subsequent DUIs are harder or impossible to expunge.

How much does expungement cost?

Court filing fees range from $0 to $400. Attorney fees are typically $500–$2,500. Some states and legal aid organizations offer free expungement clinics.

Ready to calculate? Try the free Expungement Eligibility Calculator

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