Expungement in the United States is a process which varies across jurisdictions. Many states allow for criminal records to be sealed or expunged, although laws vary by state. Some states do not permit expungement, or allow expungement under very limited circumstances. In general, once sealed or expunged, all records of an arrest and of any subsequent court proceedings are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.
Federal
Federal offenses are difficult to obtain expungement and vary based upon the federal circuit. Some federal circuits have upheld the inherent right of judges to order expungement while others have held the opposite. Most persons who have been convicted of federal offenses and who want relief from the consequences of the conviction are limited to seeking a pardon, but pardons are rarely granted.
Legislation
A number of bills have been introduced in Congress that would allow expungement of a federal criminal record, but none have become law.
Second Chance Act
U.S. Representative Charles B. Rangel (D-NY15) proposed the Second Chance Act in 2007, 2009, and 2011, which was intended to "[amend] the federal criminal code to allow an individual to file a petition for expungement of a record of conviction for a nonviolent criminal offense".
Fresh Start Act
U.S. Representative Steve Cohen (D-TN9) introduced H.R. 2449 or The Fresh Start Act of 2011 during the 112th Congress, which would have allowed certain non-violent offenders to seek expungement of otherwise lifelong felonies.
REDEEM Act
In July 2014, Senators Rand Paul and Cory Booker introduced the Record Expungement Designed to Enhance Employment (REDEEM) Act, a bi-partisan bill in an effort to reform the criminal justice system which would, in part, allow for the expungement of Federal criminal records for one time, non-violent offenses.
State
Expungement laws are different for each state. States do not necessarily have to give full effect to orders of expungement or record sealing from other states, provided that they treat all persons equally when considering the effect of a person's criminal history.
Alabama
Alabama passed expungement legislation in 2014. The law allows for expungement for multiple situations, with applications fees, court fees, and lawyers fees to be paid by the applicant. However, convictions are not eligible for expungement.
Arizona
Arizona's expungement equivalent is "setting aside" a conviction. Arizona's setting aside statute allows a defendant to petition the court to have a conviction set aside after the terms of the sentence are met. If the court grants the petition, the defendant is "released from all penalties and disabilities resulting from the conviction other than those imposed by the Department of Transportation." The conviction can be used in any subsequent criminal prosecution.
California
California has several post-conviction remedies that are sometimes called expungement. For misdemeanor and felony crimes (not involving a sentence in state prison), a petition for expungement is filed in the court of conviction, seeking to have the conviction dismissed pursuant to Penal Code section 1203.4. For crimes involving a prison sentence, a petition for a Certificate of Rehabilitation (CR) is issued by the courts and filed with the California Department of Corrections and Rehabilitation. Unlike an expungement, which is filed in the court of conviction, a petition for a Certificate of Rehabilitation is filed in the current county of residence. If the Certificate of Rehabilitation is granted, it automatically becomes an application for a pardon by the California Governor.
Further, Penal Code 851.8 provides that defendants whose cases have been dismissed or who were never charged after arrest may petition for a Declaration of Factual Innocence. If granted, all records of arrest and prosecution are to be sealed for three years, then permanently obliterated. Copies of this order are sent to both the CA Department of Justice and the FBI. Those granted this remedy may legally deny being arrested in all instances as the arrest is deemed "never to have occurred" in the first place.