What "changing your background" actually means

Background usually refers to criminal history, arrest records, or conviction information that shows up when someone runs a check on you. You cannot erase or alter what actually happened, but you can take legal steps to remove, seal, or restrict access to certain records. The specific action depends on what type of record exists, which state you live in, and whether your case was dismissed, resulted in a conviction, or is still pending.

The most common routes are expungement (deletion of records), sealing (records exist but are hidden from public view), and record clearance (formal statement that a conviction should not count against you). Each has different may be able to access rules, costs, and timelines. Some records can be addressed immediately after a case ends; others require waiting periods of several years.

Key Takeaways

  • Expungement deletes records entirely; sealing hides them from employers and landlords but keeps them available to law enforcement and courts.
  • may be able to access depends on the type of charge, the outcome of your case, and your state's specific laws — waiting periods range from immediate to ten years after conviction.
  • You file a petition in the court that handled your case, not with a state or federal office, and you may need a lawyer or may be able to use a court self-help center.
  • Processing takes two to six months on average, though some courts are faster and some slower depending on caseload.
  • Even after records are sealed or expunged, you may still be required to disclose them in certain contexts like law enforcement jobs or housing with vulnerable populations.

Expungement versus sealing: what each one does

Expungement means the record is deleted or destroyed. After expungement, you can legally say the arrest or conviction did not happen in most situations — on job applications, housing forms, and to the general public. Law enforcement and courts can still access expunged records, and some professional licenses or government jobs may still require disclosure. Expungement is the strongest option but is also the hardest to get.

Sealing means the record still exists but is closed to public view. Employers, landlords, and background check companies cannot see it. Courts, law enforcement, and certain government agencies can still access sealed records. Sealing is more commonly available than expungement and often has shorter waiting periods or fewer restrictions on who can petition for it.

Some states use the term record clearance or set aside to mean something similar to expungement. The exact meaning varies by state, so you need to know what your state calls the process and what it actually does. A court clerk or legal aid office can tell you which option applies to your situation.

Who can petition for record changes and when

may be able to access depends on the outcome of your case. If your case was dismissed, acquitted, or nolle prossed (dropped by the prosecutor), you can usually petition for expungement or sealing immediately — sometimes the same day the case ends. Some states automatically seal or expunge dismissed cases without you having to file anything.

If you were convicted, may be able to access is stricter. Most states require a waiting period after the conviction date or after you finish your sentence. Waiting periods range from zero years (immediate) to ten years depending on the offense and the state. Some states allow petitions only for misdemeanors, not felonies. Others allow felony expungement only after a certain number of years have passed or only for specific types of felonies.

If your case is still pending (you have not been convicted or acquitted yet), you cannot petition for expungement or sealing. You can ask the prosecutor to dismiss the case or ask the court to seal records during the case, but the formal petition usually comes after the case ends.

Certain crimes — violent felonies, sex offenses, and crimes against children — are often excluded from expungement in many states. Some states have no restrictions; others exclude entire categories. You need to check your state's specific law or talk to a court clerk to know whether your offense is may be able to access.

How to file a petition in your court

You file the petition in the same court that handled your case — the district court, superior court, or criminal court where you were arrested or convicted. You do not file with a state office or a federal agency. Start by calling the criminal court clerk's office and asking: "I want to petition for expungement [or sealing, or record clearance — use your state's term]. What forms do I need, and what is the filing fee?"

The clerk will give you the petition form or direct you to the court website where you can download it. You fill out the form with your case number, your name, the charges, and the reason you are petitioning. Some courts have very simple forms; others are longer. The form usually asks when the case ended, whether you completed your sentence, and whether you have any other criminal history.

You file the completed petition with the court clerk, pay the filing fee (usually $50 to $300, though some courts waive fees for people with low income), and keep a copy for yourself. The court will schedule a hearing or decide the petition on paper depending on the state and the type of case. You may be notified by mail or email when a decision is made.

If you cannot afford a lawyer, ask the court clerk about the self-help center or legal aid office in your area. Many courts have staff who can help you fill out forms for free. Legal aid societies also handle expungement cases at no cost if you meet income limits. Some nonprofits specialize in record clearance and may file the petition for you at reduced cost.

Timeline and what happens after approval

From the time you file to the time you receive a decision typically takes two to six months. Some courts are faster; some have longer backlogs. After the judge approves your petition, the court sends an order to the relevant agencies — the police department, the prosecutor's office, and the state criminal history repository. Those agencies then delete, seal, or restrict access to the records according to the order.

The entire process from filing to records being actually removed or sealed can take six months to a year. During that time, if someone runs a background check on you, the record may still appear because the agencies have not yet processed the court order. Once the order is fully processed, the record should no longer show up on standard background checks.

After your record is expunged or sealed, you can request a certificate of rehabilitation or letter of clearance from the court. This is a document you can show to employers or housing providers as proof that your record has been cleared. Not all states issue these, but if yours does, ask the court clerk how to request one.

What you still have to disclose after expungement or sealing

Even after a record is expunged or sealed, certain employers and agencies can still see it or require you to disclose it. Law enforcement jobs — police, corrections, probation — almost always require disclosure of sealed or expunged records. Positions working with children or vulnerable adults — teachers, social workers, healthcare workers in some states — may also require disclosure. Professional licenses — nursing, law, real estate — often have their own rules about disclosure.

Some states require disclosure on housing applications for certain types of properties, particularly those serving vulnerable populations. A few states require disclosure on firearm purchase forms even after expungement. You need to know your state's specific rules. A legal aid office or the court clerk can tell you whether your particular situation requires ongoing disclosure.

If you are asked on a form whether you have a criminal history and your record has been expunged or sealed, the legal answer in most states is "no" — you can answer that you have no record. However, if the form specifically asks about sealed or expunged records, or if you are applying for law enforcement or a sensitive position, you may be required to disclose. Read the form carefully and ask the employer or agency if you are unsure.

Frequently Asked Questions

Can I expunge a felony conviction?

It depends on your state and the type of felony. Some states allow felony expungement after a waiting period (typically five to ten years). Others allow it only for certain categories of felonies. Some states do not allow felony expungement at all but do allow sealing. Contact your state's court system or a legal aid office to find out what is available for your specific conviction.

What if I was arrested but never charged or convicted?

You can almost always petition for expungement or sealing of arrest records that did not result in a conviction. In some states, these records are automatically sealed. In others, you file a petition. The process is usually faster and easier than for convictions. Call the court clerk and ask about expungement of arrest records.

Do I need a lawyer to file for expungement?

No, but it helps. Many people file petitions on their own using court forms and the self-help center. If your case is complicated — multiple charges, a felony, or a state with strict rules — a lawyer increases your chances of approval. Legal aid offices handle these cases for free if you may have access to by income. Some nonprofits also offer low-cost or free expungement services.

Will expungement show up on a background check?

No. Once expunged, the record should not appear on standard background checks run by employers or landlords. However, it may take several months after court approval for all agencies to process the order and remove the record from their systems. If you see it still appearing months after approval, contact the court to confirm the order was sent to all relevant agencies.

Can I expunge multiple cases or arrests?

Yes. You file a separate petition for each case, though you can file them all at once. Each petition has its own filing fee, though some courts waive fees for multiple petitions filed together. If you have several cases, a legal aid office or court self-help center can help you organize the paperwork.