Waiting for Relief: A National Survey of Waiting Periods for Record Clearing

Report
Clean Slate
Topics:
Criminal and Juvenile Records
Records Clearance, Expungement, and Sealing
Reentry population:
Adults
Date:
Source:
Collateral Consequences Resource Center

Waiting for Relief: A National Survey of Waiting Periods for Record Clearing

This Collateral Consequences Resource Center report is the first-ever comprehensive national survey of the period of time a person, who is otherwise eligible to expunge or seal a misdemeanor or felony conviction record, must wait before obtaining this relief. Waiting periods are usually established by statute and can range from 0 to 20 years.

Typically, during a waiting period the person must be free from certain forms of involvement with the justice system: from a felony conviction, from any conviction, or from any arrest, again depending on state law. These and other conditions and circumstances may extend (or occasionally shorten) the length of a waiting period in specific cases.

Following this introduction, the report consists of two 50-state Tables, one showing the waiting periods applicable to clearing of misdemeanors, and the other showing the waiting periods applicable to clearing of felonies, with states that have no general record clearing listed at the bottom of each table.

The Tables are followed by maps showing the geographical distribution of waiting periods for each type of conviction. The maps are followed by an appendix describing in greater detail the laws governing waiting periods in each of the jurisdictions studied.