How to Start

• The applicant must complete an application and submit it to the court for consideration. In some states, a court hearing is necessary, and in others, the petitioner must have a lawyer submit the application on his behalf.
  
  

Time Frame

• The expungement time frame is not absolute. In some cases, it can take three months, and in others it can take up to a year. The time depends on the state and the complexity of the crime. For example, in Kentucky it takes an average of six months, according to the Legal Aid Network of Kentucky, while in New Jersey, the process may take longer because of budgeting, staff shortages and low priority, according to the NJExpungements website.
  
  

All Records Cannot Be Expunged

• Depending on where the arrest took place, expungement may not be available. Some states only allow expungement for arrest records, while other states forbid expungement of any criminal record. For example, Ohio does not allow the expungement of arrest records. Visit the state's website for guidelines to determine eligibility.