Expungement FAQ — Fresh Start Expungements

Question 1

How do I know if my record is eligible for expungement?

Accepted Answer

Eligibility depends on several factors: the state where the conviction occurred, the type of offense, how much time has passed since your sentence was completed, and whether you have any subsequent convictions. The best way to find out is to use our free eligibility check — we'll review your specific situation and give you a straight answer, usually within 24 hours.

Question 2

Can felonies be expunged?

Accepted Answer

Yes — in many states. Felony expungement eligibility has expanded significantly in recent years, particularly for non-violent offenses, first-time convictions, and cases where the sentence was fully completed years ago. Some states still prohibit felony expungements entirely, while others allow them broadly. We'll tell you honestly what's possible in your state.

Question 3

Can I expunge a record if I was never convicted?

Accepted Answer

Absolutely — and these are often the easiest cases to clear. Arrests without convictions, dismissed charges, and acquittals can typically be expunged or sealed in most states. In many jurisdictions, these records are cleared faster than conviction-based expungements, sometimes in as little as 30–60 days.

Question 4

What types of offenses cannot be expunged?

Accepted Answer

Certain offenses are generally not eligible for expungement in most states, including violent felonies, sex offenses requiring registration, crimes against children, and DUI/DWI convictions in some states. However, eligibility rules vary widely — an offense that's ineligible in one state may be eligible in another. We'll give you a state-specific answer for your situation.

Question 5

Does it matter how long ago the offense occurred?

Accepted Answer

Yes. Most states require a waiting period after your sentence is completed before you can file for expungement — typically 1 to 5 years for misdemeanors and 3 to 7 years for felonies. The longer ago the offense occurred and the cleaner your record since then, the stronger your petition. We'll confirm the exact waiting period for your state.

Question 6

Can I expunge a record from another state?

Accepted Answer

Yes. Expungement is filed in the state where the conviction occurred, not where you currently live. We handle cases in all 50 states, so it doesn't matter where you live now — we'll file in the correct jurisdiction on your behalf.

Question 7

How long does the expungement process take?

Accepted Answer

Timelines vary by state and case type. Arrest records without convictions can often be cleared in 30–60 days. Misdemeanor expungements typically take 3–5 months. Felony cases and contested hearings can take 6–12 months. We'll give you a realistic timeline for your specific state and case before you commit to anything.

Question 8

Do I need to appear in court?

Accepted Answer

In most cases, no. The majority of expungement petitions are handled entirely on paper — we draft and file the petition, and the judge rules without requiring your presence. Some states do require a hearing, and in those cases we represent you. You'll never have to navigate a courtroom alone.

Question 9

What happens after the expungement is granted?

Accepted Answer

Once the court grants your petition, we serve the order on all relevant agencies — the state repository, arresting agency, prosecutor's office, and any other entities required by your state's law. We also follow up with major background check databases to ensure your record is updated. You'll receive a certified copy of your expungement order for your records.

Question 10

Will my record disappear from background checks immediately?

Accepted Answer

Not always immediately. Government databases are updated within a few weeks of the order being served. Third-party background check companies can take longer — sometimes 30–90 days — because they update on their own schedules. We follow up with the major databases on your behalf and can provide documentation you can show employers in the meantime.

Question 11

What do I need to provide to get started?

Accepted Answer

Very little, initially. To start your free eligibility review, we just need the state where the offense occurred, the type of charge, and approximately when your sentence was completed. If you move forward, we handle the record retrieval ourselves — you don't need to track down court documents or police reports.

Question 12

How much does expungement cost?

Accepted Answer

We charge a single flat fee per case that covers everything — record retrieval, petition drafting, filing, hearing representation if required, and post-order follow-up. Court filing fees are included. The exact amount depends on your state and case complexity, and we'll quote you the full price during your free consultation before you commit to anything.

Question 13

Are there any hidden fees?

Accepted Answer

No. Our flat fee covers the entire process from start to finish, including court filing fees. The only exception would be extraordinary circumstances that arise mid-case — and we would always discuss those with you before incurring any additional cost. We believe in complete transparency about pricing.

Question 14

Do you offer payment plans?

Accepted Answer

Yes. We offer payment plans so that cost is never a barrier to clearing your record. We'll work with you to find a payment schedule that fits your situation. Contact us to discuss options.

Question 15

What if my petition is denied?

Accepted Answer

If your petition is denied for a reason we should have anticipated, we will re-file at no additional charge. If the denial is based on a change in circumstances or new information, we'll discuss your options honestly. We only take cases we believe have a strong chance of success — we won't take your money on a case we don't think we can win.

Question 16

Can I legally say I was never arrested or convicted after expungement?

Accepted Answer

In most states, yes — for most purposes. Once your record is expunged, you can legally answer 'no' on job applications, housing applications, and most other forms that ask about prior arrests or convictions. There are exceptions: certain government jobs, law enforcement positions, and professional license applications may still require disclosure. We'll explain the specific rules for your state.

Question 17

Will expungement affect my ability to own a firearm?

Accepted Answer

It depends on the offense and the state. In many states, expungement of a felony conviction restores firearm rights. In others, certain convictions permanently prohibit firearm ownership regardless of expungement. Federal law also applies independently of state expungement. This is a nuanced area — we'll give you a clear answer for your specific situation.

Question 18

Can expunged records be used against me in future criminal proceedings?

Accepted Answer

In some states, expunged records can still be considered by prosecutors and judges in future criminal cases for sentencing purposes, even though they're hidden from public background checks. This varies significantly by state. We'll explain how your state handles this so you have a complete picture.

Question 19

Does expungement clear my record from the internet?

Accepted Answer

Expungement clears your record from official government databases and most professional background check services. However, news articles, court records that were previously public, and some data broker websites may still contain information about your case. We can advise you on steps to address online records after your expungement is granted.

Frequently Asked Questions

Didn't find your answer?

Still Have Questions?