Function

• States make their own laws with regard to expungement of criminal records. A state is not required to provide a legal mechanism to expunge a criminal conviction. Some states do not allow any records to be expunged, some allow only minor violations and misdemeanors, and still others allow more serious felony convictions to be expunged.
  
  

Procedure

• As a rule, a defendant must petition the court for expungement of the record. If the defendant meets the statutory requirements for expungement, the court will usually set a hearing date for the judge to determine whether or not to grant the expungement.
  
  

Where to Find State Specific Information

• Before a defendant can determine whether she should pursue the cost of petitioning for expungement, she should find the state statutes that apply to the state wherein she was convicted. Many state courts have expungement information on their websites. Additionally, the FindLaw website has a state specific directory that provides links to expungement information from all states. (see Resources)