Which States Have the Best Expungement Laws? (2026 Rankings)

The states with the strongest expungement laws in 2026 are California, Pennsylvania, Michigan, Utah, and New Jersey, based on waiting periods, offense coverage, filing fees, and Clean Slate automation. These states combine broad eligibility with low or zero filing fees and automatic record clearing for at least some offense categories. At the other end of the spectrum, states like Wyoming, South Carolina, and Alaska offer limited or no path to clearing a conviction.

Below is a complete ranking of all 50 states (plus Washington, D.C.) graded on five objective criteria. Whether you are researching your own options or comparing states before a move, this guide has the data.

How we ranked each state

Every state received a letter grade (A through F) based on five factors, each weighted equally at 20% of the total score:

1. Waiting period — How long after sentence completion before someone may petition. Shorter is better. States with immediate eligibility for non-convictions score highest.
2. Clean Slate status — Whether the state has enacted and implemented automatic record clearing. Active implementation scores highest; no legislation scores lowest.
3. Filing fee — The court fee to file an expungement petition. $0 scores highest. Over $300 scores lowest.
4. Offense breadth — How many offense categories are eligible. States that cover felonies (including some violent offenses) score higher than states limited to misdemeanors or non-convictions only.
5. Process simplicity — Whether the state provides standard forms, allows self-filing, and does not require a hearing for every petition. Simpler is better.

Data comes from official state statutes, the Collateral Consequences Resource Center (CCRC) restoration profiles, and the Clean Slate Initiative. All fees and waiting periods reflect the law as of March 2026.

Top 10 states for expungement

1. California — Grade: A

California combines broad eligibility with automatic record relief. Under AB 1076 (Cal. Penal Code § 1203.425), the DOJ automatically identifies and clears eligible arrest and conviction records. Filing fees are $0 for Penal Code § 1203.4 petitions to dismiss. Proposition 64 created a separate automatic pathway for pre-legalization marijuana offenses. Most misdemeanors and many felonies may be cleared after completion of probation, and the state covers both convictions and non-convictions.

• Key statute: Cal. Penal Code § 1203.4, § 1203.425 (AB 1076)
• Filing fee: $0
• Shortest wait: Immediate for non-convictions; completion of probation for convictions
• Clean Slate: Active (AB 1076, effective 2022)

2. Pennsylvania — Grade: A

Pennsylvania pioneered the Clean Slate movement with Act 56 of 2018 — the first comprehensive automatic sealing law in the country. Act 83 of 2020 removed the financial barrier by eliminating outstanding court costs as a disqualifier. Act 36 of 2023 (Clean Slate 3.0) expanded automatic sealing to cover certain felonies. Non-convictions and summary offenses seal automatically. Petition-based sealing covers misdemeanors carrying up to 2 years and ungraded offenses carrying up to 5 years.

• Key statute: 18 Pa.C.S. § 9122.2 (Clean Slate), § 9122 (petition-based)
• Filing fee: $0 for automatic; $132 for petition-based
• Shortest wait: Automatic after 10 years crime-free for eligible convictions
• Clean Slate: Active (2018, expanded 2020 and 2023)

3. Michigan — Grade: A

Michigan's Clean Slate Act (MCL 780.621g) launched automatic set-aside processing in April 2023. Eligible misdemeanors clear automatically after 7 years and felonies after 10 years with no new convictions. Petition-based expungement covers up to 3 felonies and unlimited misdemeanors. The "One Bad Night" rule treats multiple offenses from the same 24-hour transaction as one conviction for counting purposes. Filing fees are $50 per application.

• Key statute: MCL 780.621–780.621g
• Filing fee: $50 (petition-based); $0 for automatic
• Shortest wait: 3 years for misdemeanors (petition); 7 years (automatic)
• Clean Slate: Active (effective April 2023)

4. Utah — Grade: A

Utah was among the first states to pass Clean Slate legislation (HB 431, signed March 2019, effective May 2020). The Bureau of Criminal Identification (BCI) automatically reviews and expunges eligible records. Automatic expungement covers acquittals (after 60 days), dismissed cases, infractions, and misdemeanors through Class A after waiting periods of 3 to 6 years. Third-degree felonies and drug possession offenses are also covered. The petition filing fee is $65.

• Key statute: Utah Code § 77-40a (Clean Slate Act)
• Filing fee: $65 (petition-based); $0 for automatic
• Shortest wait: 60 days for acquittals/dismissals; 3 years for infractions
• Clean Slate: Active (effective May 2020)

5. New Jersey — Grade: A

New Jersey overhauled its expungement system in 2019 with the Clean Slate Act (A1988). The law created an automatic "clean slate" pathway that clears certain records after 10 years with no new offenses. The petition pathway covers indictable offenses (the NJ equivalent of felonies), disorderly persons offenses, and municipal ordinance violations. Filing fees are $0 for the petition itself. New Jersey also has an "early pathway" at 5 or 6 years for certain drug offenses and municipal violations.

• Key statute: N.J.S.A. 2C:52-1 et seq., A1988 (Clean Slate)
• Filing fee: $0
• Shortest wait: 5 years for drug offenses (early pathway); 6 months for dismissed/acquitted
• Clean Slate: Active (2019)

6. Oregon — Grade: A-

Oregon eliminated its $281 filing fee through SB 397 (effective January 2022) and expanded eligibility to include Class B non-person felonies. The process is petition-based — Oregon does not have automatic Clean Slate for adult convictions — but the forms are standardized, the filing fee is $0, and waiting periods are among the shortest in the country: 1 year for Class B and C misdemeanors, 3 years for Class A misdemeanors, and 5 to 7 years for felonies. Arrest records with no conviction may be cleared immediately.

• Key statute: ORS 137.225, SB 397 (2021)
• Filing fee: $0 (plus $33 to OSP for conviction set-asides only)
• Shortest wait: Immediate for non-convictions; 1 year for Class B/C misdemeanors
• Clean Slate: No (petition-based only)

7. Connecticut — Grade: A-

Connecticut's Clean Slate law (Public Act 21-32) went into effect on January 1, 2023. It provides automatic erasure of most misdemeanor convictions after 7 years and most felony convictions after 10 years with no new criminal activity. Connecticut uses the term "erasure" rather than expungement — once erased, the record is destroyed, not merely sealed. Petition-based erasure is also available with no filing fee.

• Key statute: C.G.S. § 54-142a et seq. (Public Act 21-32)
• Filing fee: $0
• Shortest wait: Immediate for non-convictions; 7 years for misdemeanors (automatic)
• Clean Slate: Active (effective January 2023)

8. New York — Grade: B+

New York's Clean Slate Act (S.7551A) was signed into law in November 2023 and takes effect in stages. Eligible misdemeanors seal automatically 3 years after sentence completion, and eligible felonies seal after 8 years. Before Clean Slate, only 0.2% of eligible New Yorkers had successfully sealed their records under the prior petition-based system (per the NYC Comptroller). The law excludes sex offenses and Class A felonies. The CPL 160.59 petition pathway remains available for those who do not want to wait for automatic processing.

• Key statute: CPL § 160.59, S.7551A (Clean Slate Act)
• Filing fee: $0 for automatic; varies for petition
• Shortest wait: 3 years for misdemeanors (automatic); 8 years for felonies
• Clean Slate: Active (signed 2023, staged implementation)

9. Virginia — Grade: B+

Virginia passed comprehensive record-sealing legislation in 2021 (SB 1339/HB 2113), creating both automatic and petition-based pathways. Automatic sealing covers acquittals, dismissals, and deferred dispositions. Petition-based sealing covers misdemeanors and certain non-violent felonies. Implementation has been phased: automatic sealing for non-convictions began in 2025, with conviction sealing following on a longer timeline. Filing fees for petitions vary by court.

• Key statute: Va. Code § 19.2-392.12 et seq.
• Filing fee: $0 for automatic; varies for petition
• Shortest wait: Automatic for acquittals; 7 years for Class 5/6 felonies (petition)
• Clean Slate: Active (phased implementation 2025–2026)

10. Delaware — Grade: B+

Delaware's Clean Slate Act (SB 111, effective 2024) provides automatic expungement for eligible misdemeanors and non-convictions. Petition-based expungement covers many felonies with a 5 to 7 year waiting period after sentence completion. Delaware uses a mandatory expungement framework — if you meet the statutory criteria, the court must grant the petition (no judicial discretion for eligible offenses). Filing fees are generally low.

• Key statute: 11 Del. C. § 4372 et seq., SB 111 (Clean Slate)
• Filing fee: $0 for automatic; varies for petition
• Shortest wait: Automatic for eligible misdemeanors; 5 years for felonies (petition)
• Clean Slate: Active (effective 2024)

Expungement laws by state: the full 50-state comparison

This table summarizes the key features of each state's record-clearing laws. "Filing Fee" is the court fee for the standard petition. "Shortest Wait" is the minimum waiting period for any conviction-based expungement (non-conviction waits are typically shorter). Grades reflect the methodology described above.

Filing fees and waiting periods reflect the most common petition type. Some states have separate fee schedules for different offense levels. Fee waivers may be available for low-income filers. For a detailed cost breakdown, see our guide to expungement costs by state.

The 5 hardest states for expungement

Not every state offers a meaningful path to clearing a criminal record. These five rank at the bottom of our analysis:

1. Alaska

Alaska has no general expungement statute for adult criminal convictions. The only options are a governor's pardon or, in narrow circumstances, having a record sealed after an acquittal. For anyone with a conviction, the record is effectively permanent.

2. South Dakota

South Dakota limits record clearing to arrests that did not result in a conviction (SDCL 23A-3-27). There is no statute authorizing expungement or sealing of conviction records. A pardon from the governor is the only option, and it does not erase the record.

3. Maine

Maine has extremely limited expungement. Adults generally cannot clear a conviction from their record. The state provides no standard petition form for conviction-based expungement because the mechanism does not exist for most offenses. Marijuana convictions are an exception under limited circumstances.

4. Florida

Florida prohibits expungement of any conviction — the state only allows expungement or sealing of non-conviction records (dismissed charges, acquittals, and withheld adjudications). Even for eligible cases, a person may only seal or expunge one case in their lifetime (Fla. Stat. § 943.0585). The process requires a certificate from FDLE. This one-time limit and the conviction prohibition make Florida one of the most restrictive states in the country.

5. Wyoming

Wyoming allows expungement under Wyo. Stat. § 7-13-1501, but the long waiting periods (5 years for misdemeanors, 10 years for felonies), the $100 filing fee, and the limited scope of eligible offenses combine to create a difficult path. The state has no Clean Slate legislation and no automatic processing of any kind.

Frequently asked questions

Which state has the easiest expungement?

Based on our analysis, California currently offers the most accessible path to clearing a criminal record. The combination of $0 filing fees, automatic processing through AB 1076, broad offense coverage including many felonies, and Proposition 64's marijuana auto-expungement makes California the most favorable state overall. Michigan and Utah are close behind due to their well-implemented Clean Slate programs.

Can I get my record expunged if I move to another state?

Generally, no. Expungement is governed by the state where the conviction occurred, not where you currently live. If you were convicted in Ohio and now live in California, you would need to file your petition in Ohio, following Ohio's laws and procedures. Some states allow filing by mail, and many do not require a court appearance. Moving to a state with better expungement laws does not help you clear a record from another state.

What is a Clean Slate law?

A Clean Slate law is legislation that provides automatic expungement or sealing of eligible criminal records after a set waiting period, without requiring the person to file a petition. Pennsylvania passed the first major Clean Slate law in 2018. As of 2026, 13 states and Washington, D.C. have enacted some form of Clean Slate legislation, per the Clean Slate Initiative. For a deeper dive, see our complete guide to Clean Slate laws by state.

How long does expungement take?

The total time from filing to final order varies by state, but most petition-based expungements take 3 to 6 months. Some states are faster (Oregon averages about 4 months), while others can take a year or more if the petition is contested. Automatic Clean Slate processing happens on the state's schedule — typically quarterly or annually — and there can be a lag of several months between when you become eligible and when the record actually clears. For more detail, see our guide to expungement timelines.

Do I need a lawyer to get my record expunged?

In most states, no. Expungement is a civil petition, and you have the right to file it yourself (called filing "pro se"). Many states provide standard court forms specifically for self-filers. Whether you should hire a lawyer depends on the complexity of your case — multiple convictions, contested petitions, or convictions in different states may benefit from legal help. For most single-conviction misdemeanor cases, self-filing is straightforward. See our honest guide to expungement without a lawyer.