Expungement and Record Sealing

Expungement is the legal process of completely erasing a criminal record from official databases, as if the offense never occurred. While many states have established expungement procedures for state-level offenses, there is currently no federal expungement process. This represents one of the most significant gaps in the federal criminal justice system, leaving millions of justice-impacted individuals without a path to fully clear their records—even decades after completing their sentences.

This distinction is critically important for anyone navigating the federal system. A presidential pardon, while valuable, does not expunge a federal record. Clemency does not erase the conviction. The federal criminal record persists indefinitely, continuing to affect employment, housing, professional licensing, and countless other aspects of life. Understanding this reality—and the ongoing efforts to change it—is essential for justice-impacted individuals and their families.

Summary

Expungement means the complete deletion of criminal records from government databases, legally treating the offense as if it never happened. Unlike sealing (which restricts access) or pardons (which forgive but do not erase), expungement results in true record elimination. The federal criminal justice system currently lacks any expungement mechanism. A person convicted of a federal crime carries that record permanently, regardless of rehabilitation, time passed, or even receiving a presidential pardon. State-level expungement exists in many jurisdictions but applies only to state crimes and provides no relief for federal convictions. Current reform efforts, including the Federal Expungement Initiative launched in June 2025 and the bipartisan REDEEM Act, seek to create the first federal expungement pathway. Until such legislation passes, justice-impacted individuals must rely on incomplete alternatives such as pardons, certificates of rehabilitation where available, and advocating for change.

What Expungement Actually Means

Legal Definition: Complete Removal

True expungement involves the destruction or deletion of criminal records from all official databases. After expungement, the offense is treated as though it never occurred. The individual can legally answer "no" when asked about criminal convictions on most applications. Background checks should not reveal the expunged offense, and no public record of the conviction remains accessible.

Expungement differs fundamentally from other forms of record relief:

Sealing restricts access to criminal records but does not destroy them. Sealed records typically remain available to law enforcement and may be accessible for certain purposes (such as sentencing in future cases). Some employers and licensing boards can still access sealed records.

Set-aside vacates a conviction but may not remove it from all databases. The conviction remains visible but is marked as "set aside," indicating the individual has been rehabilitated.

Pardon forgives the offense and restores certain civil rights but does not erase the conviction. A pardoned person was still convicted; the record reflects both the conviction and the subsequent pardon.

Why Expungement Matters

The consequences of a criminal record extend far beyond the sentence itself. Criminal records create barriers in virtually every area of life:

Employment: Approximately 96% of employers conduct background checks. A federal conviction can disqualify applicants from consideration regardless of qualifications, time passed, or evidence of rehabilitation. Research funded by the National Institute of Justice found that a criminal record reduces the likelihood of a job callback or offer by approximately 50 percent. Many professional licenses are unavailable to people with certain convictions.

Housing: Landlords routinely conduct background checks. Federal housing assistance programs have restrictions for individuals with certain convictions. Private housing discrimination based on criminal history remains widespread. Formerly incarcerated people face a significantly elevated risk of homelessness, in part because public housing is often unavailable to many of the tens of millions of Americans with an arrest or conviction record.

Education: Financial aid eligibility can be affected by drug convictions. Some academic programs exclude applicants with criminal records.

Financial Services: Banks may deny accounts or close existing accounts upon discovering criminal history. Credit applications may be affected.

Family Life: Criminal records can affect custody determinations, foster care eligibility, and adoption proceedings.

Immigration: For non-citizens, criminal convictions can trigger deportation, denial of naturalization, or inadmissibility.

Without expungement, these barriers persist indefinitely, undermining rehabilitation and reintegration. The lack of federal expungement means people convicted of federal crimes face these obstacles for life, even if they have been model citizens for decades.

The Federal Gap

Why There Is No Federal Expungement Process

The federal criminal justice system simply never developed an expungement mechanism. While states have progressively created expungement and sealing procedures over the past several decades, Congress has not acted to create similar relief for federal convictions.

The last federal provision that allowed any form of record sealing was the Youth Corrections Act, which permitted sealing of records for certain young offenders. This Act was repealed in 1984. Since then, no federal statutory authority has existed for expunging or sealing adult federal criminal records, except for a very narrow exception under 18 U.S.C. § 3607 for certain first-time drug possession offenders under age 21.

Several factors contribute to this gap:

Historical prioritization of punishment: Federal criminal law has historically emphasized deterrence and punishment over rehabilitation and reintegration. The Sentencing Reform Act of 1984 eliminated federal parole and established determinate sentencing, reflecting a tough-on-crime philosophy.

Complexity of federal records: Federal criminal records exist across multiple agencies—the FBI's National Crime Information Center (NCIC), the Executive Office for United States Attorneys, the Administrative Office of the U.S. Courts, the Bureau of Prisons, and the U.S. Probation Office. Coordinating true expungement across these systems presents administrative challenges.

Congressional inaction: Despite bipartisan recognition that criminal records create reintegration barriers, comprehensive federal expungement legislation has not advanced through Congress.

What a Presidential Pardon Actually Does (and Doesn't Do)

Many people mistakenly believe that a presidential pardon erases a federal conviction. This is incorrect. Understanding what pardons actually accomplish is essential.

What a pardon does:

• Officially forgives the offense on behalf of the United States
• Restores certain civil rights (such as the right to vote, serve on a jury, and hold public office—though state law governs some of these)
• May restore firearm rights (depends on the offense and the specific pardon language)
• Provides formal recognition of rehabilitation
• Can improve employability by demonstrating presidential recognition of reform
• May assist with professional licensing applications

What a pardon does NOT do:

• Does not expunge or erase the conviction: The conviction remains on record, marked as "pardoned"
• Does not require removal from databases: FBI records, court records, and other databases continue to show the original conviction alongside notation of the pardon
• Does not restore all consequences automatically: Some collateral consequences require separate proceedings even after a pardon
• Does not guarantee employment, housing, or licensing: Employers and others can still consider the pardoned conviction
• Does not affect state convictions: Presidential pardons apply only to federal offenses

A pardon is forgiveness, not erasure. The criminal record persists, albeit with the pardon notation. Background checks will still reveal the conviction. Many opportunities remain restricted because the underlying conviction never disappears.

What Clemency Accomplishes

Executive clemency includes pardons, commutations of sentence, and remission of fines. Commutation reduces a sentence but does not affect the conviction itself. Like pardons, clemency does not expunge federal records.

Commutation can enable earlier release from prison but leaves the conviction fully intact. The individual remains a convicted felon with all associated collateral consequences. Even a complete commutation of sentence to "time served" does not remove the underlying conviction from official records.

Why Your Federal Record Persists Even After Pardon

The FBI's National Crime Information Center (NCIC) and the Interstate Identification Index (III) maintain criminal history records indefinitely. When someone receives a pardon, the FBI updates the record to reflect the pardon but does not delete the underlying conviction data.

Court records remain accessible through PACER (Public Access to Court Electronic Records). News archives preserve media coverage of arrests, indictments, trials, and convictions. Private background check companies aggregate information from multiple sources and may retain conviction data even if some government records are updated.

The permanence of federal records—regardless of pardons or passage of time—represents a fundamental policy choice that reformers seek to change.

State-Level Expungement

How State Systems Work

Many states have created expungement or sealing procedures that allow eligible individuals to have criminal records cleared. While procedures vary significantly, typical state expungement processes include:

Eligibility determination: States define which offenses qualify for expungement. Generally, non-violent offenses and misdemeanors are more likely to be eligible than violent felonies or sex offenses. Waiting periods after sentence completion are common.

Petition process: The individual files a petition with the court, often paying a filing fee. Some states require notifying prosecutors who may object.

Hearing: A judge reviews the petition, considering factors such as the nature of the offense, time since completion, rehabilitation evidence, and any objections.

Order of expungement: If granted, the court orders relevant agencies to expunge or seal the records.

Record update: Law enforcement, courts, and other agencies update their databases to remove or restrict access to the expunged record.

Some states have implemented automatic expungement ("clean slate" laws) that expunge eligible records without requiring a petition, reducing barriers for those who qualify.

Variation Across States

State expungement laws vary dramatically:

• Some states allow expungement of most misdemeanors and some felonies
• Other states limit expungement to arrests that did not result in conviction
• Waiting periods range from immediate to 10+ years after sentence completion
• Some states never allow expungement of felony convictions
• Eligibility criteria, procedures, and costs differ significantly

As of 2025, twelve states have enacted some form of Clean Slate Law providing automatic expungement: California, Colorado, Connecticut, Delaware, Michigan, Minnesota, New Jersey, New York, Pennsylvania, Oklahoma, Utah, and Virginia. Pennsylvania's Clean Slate law has sealed 40 million records benefiting 1.2 million people since 2019. Michigan launched its automatic expungement system in 2023, sealing over a million records in its first year.

Research on Michigan's record-clearance law showed that wages increased by more than 20 percent on average following expungement.

Why State Expungement Doesn't Help Federal Convictions

State expungement applies exclusively to state criminal records. A state court has no authority over federal records, which are maintained by federal agencies. Someone with both state and federal convictions might succeed in expunging state charges while the federal conviction remains permanently on record.

This creates a two-tiered system where people convicted under state law may eventually clear their records while those convicted under federal law cannot, even for comparable offenses.

Current Reform Efforts

The Federal Expungement Initiative

On June 23, 2025, the White Collar Support Group launched the Federal Expungement Initiative, a coalition seeking to create the first federal expungement pathway. This initiative represents the most significant organized effort to address the federal expungement gap.

Founding Team:

The initiative was founded by Jeff Grant, Esq., Co-Founder of the White Collar Support Group, in collaboration with three leading criminal justice scholars:

• Professor Mark Osler of St. Thomas University School of Law, a nationally recognized clemency expert
• Professor Rachel Barkow of New York University School of Law, a prominent scholar on criminal law reform and author of "Prisoners of Politics"
• Professor Douglas Berman of Ohio State University Moritz College of Law, founder of the influential Sentencing Law and Policy blog

Mission and Approach:

The Federal Expungement Initiative is building a national coalition of legal scholars, policy experts, and justice advocates to develop and advocate for federal expungement legislation. The initiative emphasizes that:

• Federal law suffers from a dearth of record relief tools compared to state systems
• Clemency cannot address the scale of the need—millions of people have federal convictions
• A legislative solution is necessary to create a systematic path to record expungement
• Those who have paid their debt to society deserve an opportunity to fully reintegrate

Current Status:

The initiative is actively developing legislative proposals and building bipartisan support for federal expungement. As of late 2025, the coalition includes approximately 30 active participants and continues to grow.

Website: federalexpungement.org

The REDEEM Act

The Record Expungement Designed to Enhance Employment Act (REDEEM Act) represents a bipartisan legislative effort to create limited federal record relief. Originally introduced by Senators Rand Paul (R-KY) and Cory Booker (D-NJ), the bill has been reintroduced in multiple congressional sessions, most recently in February 2023.

Key provisions of the REDEEM Act:

Juvenile record relief:

• Automatic expungement for juveniles who committed non-violent offenses before age 15
• Automatic sealing of records for those who committed non-violent offenses after age 15
• Emphasis on protecting young people from permanent consequences of youthful mistakes

Adult record sealing:

• Creates the first broad-based federal path to sealing criminal records for adults
• Non-violent offenders could petition a court for record sealing
• Courts would evaluate individual cases rather than providing automatic relief
• This would be the first federal authority for adult record sealing since 1984

Additional reforms:

• Restricts use of juvenile solitary confinement except in extreme circumstances
• Improves accuracy of FBI background check information provided to employers
• Ensures job applicants receive relevant and accurate information

Legislative status:

The REDEEM Act has not yet passed Congress. While it enjoys bipartisan sponsorship, the bill has faced obstacles common to criminal justice reform legislation. Advocates continue to push for passage, and the bill serves as an important framework for federal record relief.

Senator Rand Paul has stated: "The War on Drugs has had a disproportional affect on minorities and our inner cities. Our current system is broken and has trapped tens of thousands of young men and women in a cycle of poverty and incarceration."

Other Legislative Efforts

Various other legislative proposals have addressed aspects of federal record relief:

Clean Slate Act: Would automate sealing of certain federal records after specified waiting periods, similar to state clean slate laws.

Fresh Start Act: Proposed creating pathways to seal certain non-violent federal offenses after successful completion of sentences and waiting periods.

While none of these bills have become law, they demonstrate growing congressional recognition that federal record relief is needed.

What Justice-Impacted Individuals Can Do Now

Until federal expungement becomes available, individuals with federal convictions have limited options:

Certificates of Rehabilitation

Some states issue certificates of rehabilitation or good conduct that, while not expunging records, provide official documentation of reform. These certificates can be helpful when applying for jobs, housing, or licenses. However, they are state-level tools with limited applicability to federal convictions.

Presidential Pardons

Applying for a presidential pardon remains an option, though success rates are low and the process is lengthy. A pardon provides important recognition of rehabilitation and may assist with certain opportunities, even though it does not expunge the conviction.

For detailed information, see Presidential Clemency and Pardons.

State-Level Expungement for State Charges

If you have both state and federal convictions, pursuing expungement of eligible state charges can reduce the overall burden of your criminal record, even though federal charges remain.

Record Accuracy Review

Ensuring your criminal record is accurate is important regardless of expungement availability. Errors in criminal records are common and can cause unnecessary harm. You can:

• Request your FBI Identity History Summary (rap sheet) to review for accuracy
• Contest any inaccurate information through proper channels
• Ensure that sentence completion, probation termination, and other positive developments are properly recorded

Advocacy for Change

Supporting organizations working toward federal expungement creates long-term change. The Federal Expungement Initiative, the White Collar Support Group, and other advocacy organizations welcome participation from justice-impacted individuals and allies.

Terminology

Expungement: Complete deletion of criminal records from official databases, treating the offense as if it never occurred. The person can legally deny the conviction existed.

Sealing: Restricting access to criminal records without destroying them. Sealed records typically remain available to law enforcement and may be accessible for certain purposes.

Set-Aside: A court order vacating a conviction while the record may remain visible with notation that it has been set aside.

Pardon: Executive forgiveness of an offense that does not erase the conviction from records. The person was still convicted; the pardon is noted alongside the conviction.

Clemency: Broad term for executive mercy including pardons, commutation of sentence, and remission of fines.

Commutation: Reduction of a sentence by executive action, which does not affect the underlying conviction.

Clean Slate Laws: State laws providing automatic expungement of eligible records without requiring individual petitions.

Collateral Consequences: Legal disabilities and social stigmas that result from criminal conviction beyond the direct sentence, including barriers to employment, housing, voting, and professional licensing. More than 45,000 state and federal laws and regulations impose collateral consequences on people with criminal convictions.

Certificate of Rehabilitation: Official document issued by some states recognizing an individual's rehabilitation, which may assist with employment and licensing even though it does not expunge records.

See Also

• Presidential Clemency and Pardons
• Supervised Release
• Early Termination of Supervised Release
• Employment and Second-Chance Hiring
• Overview of Reentry Processes
• White Collar Support Group
• Jeff Grant

External Resources

• Federal Expungement Initiative
• Office of the Pardon Attorney, U.S. Department of Justice
• Collateral Consequences Resource Center
• National Inventory of Collateral Consequences of Criminal Conviction
• National Reentry Resource Center

Frequently Asked Questions

Q: Can federal convictions be expunged?

Unlike state courts, federal courts generally do not expunge criminal records. Federal convictions typically remain on your record permanently.

Q: What is a Certificate of Rehabilitation?

Some states offer certificates that demonstrate rehabilitation and may restore certain rights, though they do not erase the conviction.

Q: Can I get a presidential pardon?

A presidential pardon forgives the crime but does not expunge the record. It can restore rights and remove some legal disabilities associated with the conviction.