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Clearing or Sealing a Criminal Record
Also called: Expungement Petition, Petition to Seal, Certificate of Eligibility, Record Restriction Request, Motion to Expunge
Last reviewed 2026-07-12
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What this notice usually means
Expungement or record sealing can limit who sees an old criminal case. The rules are different in every state. This page covers five states: California, New York, Texas, Florida, and Georgia. California has no true expungement. Instead, you can ask the court to dismiss your case under Penal Code 1203.4 once probation ends. Your record still shows the case as dismissed. It is not erased. New York requires a 10 year wait. The clock starts when your sentence ends, or when you leave prison if you served time. You can seal up to 2 convictions, and only 1 can be a felony. Texas calls this an expunction. It only applies when no charges were ever filed. Then a wait applies based on the offense type: 180 days for a low level ticket, 1 year for a more serious misdemeanor, and 3 years for a felony arrest. Florida requires a Certificate of Eligibility before you can ask a court to expunge a record. The certificate costs $75 and expires after 12 months. You must file your court case before it expires. Georgia calls this record restriction, not expungement. For arrests on or after July 1, 2013, the prosecutor can restrict the record with no separate application from you. For older arrests, you apply directly at the police agency that arrested you.
See every source line for this notice
“the court shall thereupon dismiss the accusations or information against the defendant”
“Although true expungement does not exist in California, there may be options to clean your record depending on your situation.”
“Any eligible offense may be sealed only after at least ten years have passed since the imposition of the sentence on the defendant's latest conviction or, if the defendant was sentenced to a period of incarceration, including a period of incarceration imposed in conjunction with a sentence of probation, the defendant's latest release from incarceration.”
“no more than two eligible offenses but not more than one felony offense”
“at least 180 days have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class C misdemeanor and there was no felony charge arising out of the same transaction for which the person was arrested”
“at least one year has elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class B or A misdemeanor and there was no felony charge arising out of the same transaction for which the person was arrested”
“at least three years have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a felony or there was a felony charge arising out of the same transaction for which the person was arrested”
“Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504 ), Sec. 1.001, eff. January 1, 2025.”
“A certificate of eligibility for expunction is valid for 12 months after the date stamped on the certificate when issued by the department.”
“Remits a $75 processing fee to the department for placement in the Department of Law Enforcement Operating Trust Fund, unless the executive director waives such fee.”
“For arrests after July 1, 2013, there is no application process. You must contact the prosecutor to have your record restricted.”
“For arrests prior to July 1, 2013, the applicant is required to apply for restriction at the arresting agency.”
What to do now
- 1
Find your state's exact rules
Check your state's court self-help website or attorney general's office. Rules depend on your state and your own case.
- 2
Get proof of how your case ended
Most states need proof of how your case ended before you can file. A certified court record usually works.
- 3
Check your state's waiting period first
Texas, New York, and Florida each set a different wait before you can apply. Filing too early can lead to a denial.
- 4
Ask about fees and fee waivers
Florida charges $75 for its certificate. Many courts also let you ask to waive filing fees if you cannot afford them.
- 5
Get free legal help
Contact a local legal aid group or your court's self-help center. Some areas also run free expungement clinics.
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Texas counts its 180 day, 1 year, and 3 year waits in calendar days from your arrest date, not court days. New York counts its 10 year wait in calendar years from your sentence end date or prison release date. Florida's Certificate of Eligibility expires 12 calendar months after the date stamped on it, not the date you apply. Georgia's rules depend on a fixed calendar date, July 1, 2013, not a wait period. California sets no fixed wait. It depends on when your probation ends.
We did not verify a general deadline for this letter. Your letter shows the real date.
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Sources
- California Legislative Information, Penal Code 1203.4 (official state code)Retrieved 2026-07-11
- Judicial Branch of California, California Courts Self-Help CenterRetrieved 2026-07-11
- New York State Senate, Criminal Procedure Law 160.59 (official NY Consolidated Laws)Retrieved 2026-07-11
- Texas Legislature Online, Code of Criminal Procedure Chapter 55ARetrieved 2026-07-11
- The Florida Senate, Florida Statutes 943.0585Retrieved 2026-07-11
- Georgia Bureau of Investigation, official state agencyRetrieved 2026-07-11
- Georgia Courts, Georgia Judicial Gateway, official state judicial branchRetrieved 2026-07-11
Last reviewed 2026-07-12
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