How Long Before a Misdemeanor Can Be Cleared
In most states the answer is a number of years. In seven of them there is no number, because a conviction cannot be cleared at all — and that is the single most important thing on this page.
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Reviewed by Leonard Goldberg, Editor · Last updated
Seven States Where the Answer Is Never
Alaska, Florida, Hawaii, Maine, Nebraska, Virginia and Wisconsin have no route to expunge or seal an actual misdemeanor conviction. Each of them has an expungement statute, and each of those statutes covers only acquittals, dismissals and charges that never led to a conviction. If you were convicted, waiting does not help — the only remaining avenue is executive clemency, a pardon from the governor.
That fact is almost impossible to find online, and the reason is not mysterious: nearly every page on this subject is published by someone selling record-clearing services, and "you cannot" is not a sales proposition. If you live in one of those seven states, everything below about waiting periods does not apply to you, and knowing that now saves you years of waiting for a door that does not open.
Case Details
Every figure below comes from the statute of the state itself, or from Justia's statutory mirror where the official site was unreachable, with citation and date on each row. Law-firm and record-clearing sites were excluded from the sources on purpose. Where a state's position could not be documented to that standard, it is missing from the table rather than estimated.
Where There Is a Waiting Period
The starting point matters as much as the length. Some states count from the date of conviction; most count from the completion of the sentence, including probation; several add the condition that all fines, costs and restitution be paid in full. A three-year wait running from the end of a two-year probation is a five-year wait in practice. Each row states which event the clock starts from, because a number without its starting point is not usable.
Two States Now Do It Without an Application
Connecticut and Utah clear qualifying records automatically, without a petition, a filing fee or a lawyer. These “clean slate” laws are the most consequential development in this area, precisely because the traditional model failed in a quiet way: eligibility on paper meant nothing when the process required a court filing, money and a lawyer, and study after study found that only a small fraction of eligible people ever applied.
Several other states have passed automatic-sealing laws with staggered start dates, so the map here is changing faster than any other subject in this dataset. That is a good reason to check the date on your state's row — and, if your state is not yet listed as automatic, to check whether that changed after our reading.
The Table
| State | Can apply after |
|---|---|
| Alaska | No expungement of convictions Alaska has no general expungement or record-sealing statute that lets a person seal or erase a misdemeanor conviction after a waiting period. The only conviction-relief mechanism in Alaska criminal law is AS 12.55.085, 'suspending imposition of sentence' (SIS): a court may set aside a conviction, but only if SIS probation was granted at the original sentencing and the person completes that probation without revocation — this is a discretionary sentencing-time mechanism, not a post-conviction petition available after a fixed number of years to any misdemeanant. Alaska Stat. § 12.55.085 · as of 2026-09-01 |
| Arizona | 2 years Arizona's actual record-sealing statute (not the 'set aside' mechanism) is Ariz. Rev. Stat. § 13-911, enacted under the 2021 Second Chance Act (effective January 1, 2023). A person may petition to seal a misdemeanor conviction record only after completing all nonmonetary conditions of probation or sentence and being discharged by the court, AND after a further waiting period from that discharge: 2 years for a class 2 or class 3 misdemeanor, and 3 years for a class 1 misdemeanor (the most serious misdemeanor tier). The value reported here (2 years) reflects the shorter class 2/3 tier; class 1 misdemeanors require 3 years. Ariz. Rev. Stat. § 13-911(E)(3)-(4) · as of 2026-09-01 |
| California | 1 year For a misdemeanor conviction where no probation was granted, California allows dismissal ('expungement') under Penal Code § 1203.4a only after 1 year has elapsed from the date judgment was pronounced, provided the sentence was fully completed and the person is not currently charged with or serving a sentence for another offense. Where misdemeanor probation was granted instead, § 1203.4 allows the same relief at any time after termination of probation, without a separate fixed year-count beyond the probation term itself. This is a dismissal/set-aside of the conviction, not full destruction or sealing of the record — it can still be disclosed in certain licensing and public-office contexts. Cal. Penal Code §§ 1203.4, 1203.4a · as of 2026-09-01 |
| Connecticut | 7 yearsautomatic Misdemeanor convictions are erased automatically (Connecticut's 'Clean Slate' law) 7 years from the date of the court's most recent judgment of conviction, provided the offense occurred on or after January 1, 2000 — erasure occurs by operation of law, without a petition. (Offenses before 2000 require a petition instead of automatic erasure.) Conn. Gen. Stat. § 54-142a(e)(1)(A)(i) · as of 2026-09-01 |
| Delaware | 5 years Automatic (mandatory) expungement applies 5 years after the date of conviction for a misdemeanor (or combination of misdemeanors/violations from the same case), provided the person has no other convictions that bar eligibility; this mandatory track is now self-executing on a monthly basis by the State Bureau of Identification (since August 2024), with no petition required. A separate discretionary court-petition track (11 Del. C. § 4374(a)(1)) allows expungement after only 3 years for applicants who have other, non-disqualifying convictions on record (7 years for certain more serious listed misdemeanors under § 4373(b)). 11 Del. C. § 4373(a)(2)a. · as of 2026-09-01 |
| Florida | No expungement of convictions Florida provides no waiting-period path to seal or expunge a case in which the person was adjudicated guilty (i.e., an actual conviction) — adjudicated-guilty misdemeanor convictions can never be sealed or expunged under Florida law, regardless of how much time has passed. Only records where adjudication was withheld, or the charge was dismissed/nolle prossed/resulted in acquittal, are eligible for sealing (via a Certificate of Eligibility) or later expunction (which additionally requires the record to have been sealed for a minimum of 10 years first, in most cases). Fla. Stat. § 943.059(1)(c) · as of 2026-08-31 |
| Georgia | 4 years Georgia calls this 'record restriction' rather than expungement/sealing, and it is discretionary, not automatic. A misdemeanor conviction (or series of misdemeanors from a single incident) may be restricted only by court petition once the person has completed the sentence AND has not been convicted of any new crime for at least 4 years; the court decides case-by-case whether the harm to the individual 'clearly outweighs the public interest.' Many offenses are excluded from this path, including virtually all theft convictions (Ga. Code Ch. 16-8) — a specific carve-out allows only misdemeanor shoplifting/refund fraud. An individual is limited to 2 lifetime petitions. O.C.G.A. § 35-3-37(j)(4)(A) · as of 2024-11-10 |
| Hawaii | No expungement of convictions Hawaii's expungement statute applies only to arrests or charges that did NOT result in a conviction; there is no general statutory path to expunge an actual misdemeanor CONVICTION in Hawaii. (The same section separately imposes a minimum 5-year wait after arrest for petty-misdemeanor/violation cases closed by bail forfeiture, and a 1-year wait after dismissal following a deferred acceptance of a guilty/no-contest plea — neither of those is expungement of a conviction, since no conviction resulted in either scenario.) Haw. Rev. Stat. § 831-3.2(a) · as of 2026-09-01 |
| Iowa | 8 years Iowa: upon application by the defendant, the court SHALL enter an order expunging (as a matter of law -- i.e. mandatory once criteria are met, though petition-based rather than automatic) an eligible misdemeanor conviction once more than 8 years have passed since the date of conviction, the defendant has no pending charges, has not previously received two deferred judgments, and has paid all court costs/fines/restitution. Many offense categories (OWI, domestic assault, stalking, sex offenses, weapons, etc.) are excluded, and a person may use this relief only once in a lifetime. Iowa Code § 901C.3(1) · as of 2026-09-01 |
| Illinois | 3 years Illinois calls this relief for CONVICTIONS 'sealing' (expungement is reserved for arrests/charges not resulting in conviction). An eligible misdemeanor conviction may be sealed 3 years after the termination of the petitioner's last sentence in any jurisdiction; many offenses (e.g. most violent, sex, DUI, animal-cruelty, and weapons offenses) are excluded from sealing entirely. Successfully completed supervision orders qualify after only 2 years, and arrests/dismissals/acquittals may be sealed at any time. 20 ILCS 2630/5.2(c)(2)(D), (c)(3)(C) · as of 2026-09-01 |
| Kansas | 3 years Kansas allows expungement of an eligible misdemeanor conviction once three or more years have elapsed since the person satisfied the sentence imposed, or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release, or a suspended sentence -- whichever event applies to the person's case. K.S.A. 21-6614(a)(1) · as of 2026-09-01 |
| Kentucky | 5 years Kentucky allows a person convicted of an eligible misdemeanor to petition for expungement no sooner than 5 years after completion of the person's sentence, or 5 years after successful completion of probation, whichever occurs later. Excludes sex offenses/offenses against children and cases with a felony or misdemeanor conviction in the preceding 5 years. Section last amended effective July 15, 2016. KRS 431.078(2) · as of 2026-09-01 |
| Maryland | 5 years For a misdemeanor conviction that isn't covered by one of Maryland's shorter special-case tracks, a petition for expungement cannot be filed until 5 years after completion of the sentence. A specific, narrower list of minor misdemeanors qualifies for a shorter 3-year track instead, while a few offenses (e.g., certain assault/common-law battery) require 7 years and domestically-related convictions require 15 years. Importantly, only convictions for a limited, statutorily-enumerated list of eligible crimes can be expunged in Maryland at all — many misdemeanor convictions are not eligible for expungement regardless of how much time has passed. Md. Code Ann., Crim. Proc. § 10-110 · as of 2026-09-01 |
| Maine | No expungement of convictions Maine has no general expungement or sealing mechanism for an ordinary misdemeanor theft conviction. Maine's only record-sealing statute (Title 15, chapter 310-A, a post-judgment motion to seal) covers just the lowest misdemeanor tier — Class E convictions — plus a narrow set of pre-2017 marijuana Class D convictions; those eligible convictions can be sealed once at least 4 years have passed since the sentence was fully satisfied, with no new convictions or pending charges since. A typical Class D theft conviction (Maine's higher misdemeanor tier) has no sealing or expungement avenue under this or any other Maine statute. Me. Rev. Stat. Ann. tit. 15, §§ 2261(6), 2262 · as of 2026-09-01 |
| Minnesota | 2 years A misdemeanor (or petty misdemeanor) theft conviction is eligible for expungement once at least 2 years have passed since discharge of the sentence, provided the person has not been convicted of a new crime during that 2-year period. Minn. Stat. § 609A.02, subd. 3(a)(3) · as of 2026-09-01 |
| Missouri | 1 year At least 1 year must have passed since completion of the sentence/disposition (payment of fines, restitution, etc.) for a misdemeanor, municipal violation, or infraction before a petition for expungement may be filed (3 years for felonies). This is a threshold criterion the court weighs, not an automatic grant; a list of excluded offenses applies (e.g. domestic assault, sex offenses, most DUIs, class A felonies, dangerous felonies). Mo. Rev. Stat. § 610.140.6(1) · as of 2025-01-01 |
| Mississippi | No waiting period No statutory waiting period is specified for a first-offender, non-traffic misdemeanor expungement -- the person 'may petition' the convicting court at any time. This contrasts sharply with felony expungement under the same section, which explicitly requires 5 years after completing all sentence terms and is limited to one expungement per lifetime (the lifetime-limit and 5-year clauses apply only to the felony pathway in subsection (2), not the misdemeanor pathway in subsection (1)). Miss. Code Ann. § 99-19-71(1) · as of 2025-01-01 |
| Montana | 5 years Under Montana's 'Misdemeanor Expungement Clarification Act,' a person may petition for expungement of one or more misdemeanor convictions only once in their lifetime. Expungement is PRESUMED (i.e. the strongest, near-automatic path) once 5 years have passed since the person completed all sentencing terms (fines, restitution, court-ordered treatment) with no new conviction since. Below 5 years, or where the presumption doesn't apply, the court retains discretion and weighs factors including age at offense and time elapsed -- so an earlier grant is not statutorily barred, only not presumed. Mont. Code Ann. § 46-18-1107(1); see also §§ 46-18-1104, 46-18-1108 · as of 2025-01-01 |
| North Dakota | 3 years North Dakota uses a 'sealing' (not expungement) mechanism under N.D.C.C. ch. 12-60.1, effective for petitions filed on/after August 1, 2023. For a misdemeanor conviction, an individual may petition to seal the criminal record once at least 3 years have passed without a new crime conviction, counted up to the date of filing the petition (for a felony conviction the period is 5 years). Sealing is discretionary — the court must find good cause, that the petitioner has completed all imprisonment/probation terms, paid restitution, and demonstrated rehabilitation — and does not apply to violent/intimidation felonies still barring firearm possession or to registrable offenses. N.D. Cent. Code § 12-60.1-02(1)(a) · as of 2026-09-01 |
| Nebraska | No expungement of convictions Nebraska has no statute that expunges, seals, or erases a criminal CONVICTION record. The only post-conviction relief available is a 'set-aside' under the Nebraska Probation Administration Act (§ 29-2264): available immediately once probation/sentence/fine/community-service is satisfactorily completed (no separate waiting period is imposed beyond completing the sentence itself), but it only nullifies certain civil disabilities -- it does NOT remove the conviction from the record, which remains provable for impeachment, sentencing enhancement, licensing/registration decisions, and several other listed purposes. Neb. Rev. Stat. § 29-2264 · as of 2025-01-01 |
| New Hampshire | 3 years New Hampshire calls this process 'annulment.' A Class A misdemeanor (the more serious misdemeanor tier) may be annulled 3 years after the person has completed all terms/conditions of the sentence and has not been convicted of any other crime since (excluding minor traffic violations). A Class B misdemeanor (the lesser tier) has a shorter 2-year wait under the same subsection. Certain misdemeanor domestic-violence offenses instead carry a 10-year wait. If a petition is denied, no new petition may be filed for at least 3 years. N.H. Rev. Stat. Ann. § 651:5, III(b)-(c) · as of 2024-07-27 |
| New York | 10 years New York does not have a general expungement mechanism for misdemeanor convictions; it has a 'sealing' mechanism under CPL § 160.59. The waiting period is 10 years from imposition of sentence on the defendant's latest conviction, or from release from incarceration if a period of incarceration was imposed, whichever is later. Sealing is limited to up to two eligible offenses total, with not more than one felony among them, and excludes numerous offense categories (sex offenses, most violent felonies, etc.). N.Y. Crim. Proc. Law § 160.59 · as of 2026-09-01 |
| Ohio | 1 year Under Ohio Rev. Code § 2953.32(B)(1)(a), sealing (Ohio's expungement-equivalent) may be applied for at the expiration of 1 year after the offender's final discharge (completion of sentence, including restitution) if convicted of one or more misdemeanors (or fourth/fifth-degree felonies), so long as none of the offenses is soliciting improper compensation (§ 2921.43) or a felony offense of violence. A shorter 6-month wait applies specifically to a minor misdemeanor. Ohio Rev. Code § 2953.32(B)(1)(a)(ii) · as of 2024-07-15 |
| South Carolina | 3 years For a person's first offense misdemeanor conviction (punishable by not more than 30 days imprisonment or a fine of $1,000), the person may apply for expungement 3 years from the date of conviction. (This narrower first-offense pathway is the general misdemeanor expungement route in South Carolina; broader offense-specific expungement statutes exist elsewhere in Title 17/22 with different waits.) S.C. Code Ann. § 22-5-910 (Expungement of records for first offense) · as of 2026-09-01 |
| South Dakota | 5 years South Dakota provides AUTOMATIC removal (no petition required) from a defendant's public record after 5 years, where a petty offense, municipal ordinance violation, or Class 2 misdemeanor was the highest charged offense — conditioned on all court-ordered conditions being satisfied and no new convictions within those 5 years. This automatic pathway does NOT extend to Class 1 misdemeanors. S.D. Codified Laws § 23A-3-34 (Automatic expungement of certain misdemeanor and petty offense records) · as of 2026-09-01 |
| Texas | 2 years Texas does not use the term 'expungement' for actual convictions; instead, a person convicted of most misdemeanors (excluding certain alcohol, gang, and family-violence offenses, and those ineligible for other reasons) may petition for an 'order of nondisclosure' sealing the conviction from public view. For a misdemeanor punishable by more than a fine only, the petition may be filed no earlier than the second anniversary of completing the sentence (including confinement and payment of fines/costs/restitution); for a fine-only misdemeanor, immediately upon completion of sentence. Tex. Gov't Code § 411.0735(b), (d) · as of 2026-09-01 |
| Utah | 6 yearsautomatic Under Utah's automatic 'Clean Slate' law, a case consisting only of a class B misdemeanor conviction (the class covering basic theft under $500, the most common simple-theft misdemeanor tier) is automatically expunged by the court -- without the person filing a petition -- once at least six years have passed after the date the person was adjudicated (convicted). Related tiers: 5 years for a class C misdemeanor/infraction; 7 years for a class A misdemeanor controlled-substance-possession conviction. Automatic/no-petition-needed as of January 1, 2026 per the statute's phase-in. Utah Code Ann. § 77-40a-205(2)(a)(ii)(B) · as of 2026-09-01 |
| Virginia | No expungement of convictions Virginia has no waiting-period mechanism to expunge the record of an actual misdemeanor conviction. Expungement under this statute is available only when a person is acquitted or the charge is dismissed (nolle prosequi/dismissal) -- i.e., only where there was NO conviction. A person actually convicted of a misdemeanor keeps that public record indefinitely, absent an absolute pardon or a writ vacating the conviction (separate, narrow, discretionary grounds -- not a standard waiting-period expungement process). Va. Code Ann. § 19.2-392.2(A) · as of 2026-09-01 |
| Vermont | 3 years A misdemeanor conviction is a 'qualifying crime' eligible for record sealing (not full expungement, since the conduct remains criminal) unless it falls on a specific exclusion list of violent/sexual/specially-listed offenses -- simple/petit theft is not on that exclusion list. The court must seal the record on petition once at least three years have elapsed since the person completed the terms and conditions of the sentence, restitution/surcharges are paid in full, and the prosecutor has not shown sealing would be contrary to the interests of justice. 13 V.S.A. § 7602(c)(1)-(3) · as of 2026-09-01 |
| Washington | 3 years A person convicted of a misdemeanor or gross misdemeanor (such as third-degree theft) may petition the sentencing court to vacate the record of conviction; the court may, in its discretion, grant the petition. For offenses other than domestic-violence-related ones, the court may NOT grant vacation unless at least three years have passed since the latest of: release from supervision/probation, release from total or partial confinement, or the sentencing date -- and no new conviction has occurred in the three years before the application. RCW 9.96.060(2)(g) · as of 2026-09-01 |
| Wisconsin | No expungement of convictions Wisconsin has no post-conviction petition process with a fixed waiting period in years for misdemeanor expungement. Instead, expunction (called 'special disposition') is a discretionary decision the sentencing court must make AT THE TIME OF SENTENCING, not afterward: the court may order that the record be expunged upon the person's successful completion of the sentence. It is available only to a person who was under age 25 at the time of the offense (or under 18 for a specific child-related misdemeanor, which is mandatory), and only for offenses carrying a maximum imprisonment of 6 years or less. If expunction was not ordered at sentencing, there is no later petition route to obtain it. Wis. Stat. § 973.015(1m) · as of 2026-08-05 |
| West Virginia | 1 year For a single misdemeanor conviction, West Virginia requires a 1-year wait, running from the latest of: the conviction date, completion of any sentence of incarceration, or completion of any period of supervision, before a petition for expungement may be filed. If the petitioner has more than one misdemeanor conviction, the wait extends to 2 years from the last conviction (same latest-of-three-events rule). Certain offenses (violent crimes, DUI, sex offenses, crimes involving a deadly weapon, offenses against minors, and others listed in the statute) are categorically excluded from expungement regardless of the waiting period. W. Va. Code § 61-11-26(b)(1)-(2) · as of 2026-09-01 |
| Wyoming | 5 years For most ('nonstatus') misdemeanors, Wyoming requires a 5-year wait before a person may petition the convicting court for expungement of the conviction record, running from the expiration of the terms of sentence imposed by the court, including any probation or completion of any court-ordered program. Status offenses (as defined by Wyo. Stat. § 7-1-107(b)(iii)) have a shorter 1-year wait. Convictions involving use or attempted use of a firearm are categorically ineligible, as are certain health-care-provider offenses against a patient. A $100 filing fee applies, and a person may not obtain a second expungement of a conviction record under this section. Wyo. Stat. Ann. § 7-13-1501(a)(i) · as of 2026-09-01 |
33 of 51 jurisdictions shown. AK, FL, HI, ME, NE, VA, WI do not expunge convictions at all — there a pardon is the only route. CT, UT clear qualifying records automatically, without an application. A missing state does not mean there is no rule — it means our source check has not cleared that entry yet. Eligibility turns on the specific offence and on your full record; this is general information, not legal advice.
The Sequence, Where a State Allows It
- 1
Finish the sentence completely
Custody, probation, parole — all of it. In most states the waiting period does not begin until this is done, which means a long probation pushes the earliest application date out by the same amount.
- 2
Pay everything owed
Fines, court costs and restitution. Several states make full payment an explicit precondition, so an unpaid balance can block an application indefinitely no matter how many years have passed.
- 3
Wait out the period for your state
Check the starting event on your row, not just the number of years. A three-year wait from the end of probation is a very different date from three years from conviction.
- 4
File the petition in the court that convicted you
Almost always the same court, with a filing fee. Some states allow a fee waiver for those who cannot pay — worth asking about, since the fee is a real barrier and is rarely mentioned unprompted.
- 5
Expect the prosecutor to be heard
In most states the prosecutor may object and the court decides. Eligibility is not entitlement: several states describe the decision as discretionary even where every requirement is met.
What Is Being Sold Here, and What It Is Worth
Record clearing is a paid industry, and the paid pages outnumber the official ones by a wide margin. Three patterns are worth recognising before any money changes hands.
“We can clear any record”
In seven states no service can clear a conviction, because no statute allows it. In the rest, eligibility is set by law and no provider can change it. A service that promises an outcome regardless of your state and your offence is promising something it does not control.
Paying for what your state does automatically
In Connecticut and Utah, and increasingly elsewhere, qualifying records clear without any application at all. Paying a service to file something unnecessary is a well-documented pattern in states that have just adopted automatic sealing.
“Expunged” and “sealed” used as if they were the same
They are not, and the difference decides what you may lawfully say. An expunged record is generally treated as never having existed; a sealed record still exists and remains visible to certain agencies. Some states also offer a “set aside” that neither seals nor destroys anything — the conviction stays disclosable. Read which of the three your state actually offers.
Questions People Actually Ask
Which states will not expunge a conviction at all?
Alaska, Florida, Hawaii, Maine, Nebraska, Virginia and Wisconsin, on our reading of their statutes. In each, the expungement law covers acquittals and dismissed charges but not convictions. Where you were actually convicted, a pardon is the only remaining route, and waiting achieves nothing.
Does the waiting period run from conviction or from the end of the sentence?
It varies, and it changes the real date substantially. Most states count from completion of the sentence including probation; some count from conviction; several also require all fines and restitution paid first. Each row here names the starting event, because the number alone is not enough to work out when you can apply.
What is the difference between expungement and sealing?
An expunged record is generally treated in law as if it never existed. A sealed record still exists and is still accessible to some agencies, typically law enforcement and certain licensing bodies. Some states offer only a “set aside”, which does neither — it annotates the conviction but leaves it visible and disclosable.
Do I need a lawyer?
Not necessarily. It is a petition to the court that convicted you, and many courts publish the forms. Where a prosecutor objects, or where eligibility turns on a judgement call, representation helps. In Connecticut and Utah, qualifying records clear automatically and there is nothing to file at all.
Can I say I have no record once it is expunged?
In most states, for most purposes, yes — that is the point of expungement. But almost every state keeps exceptions: applications for law enforcement positions, certain professional licences, firearm eligibility and immigration matters frequently require disclosure regardless. Read your state's exceptions before answering any question under oath or on a licence application.
What is a clean slate law?
A law that clears qualifying records automatically, with no petition, no fee and no lawyer. It exists because the petition model failed quietly: eligibility on paper meant little when the process demanded a court filing and money, and only a small share of eligible people ever applied. Connecticut and Utah operate such a system on our reading; several other states have passed one with a later start date.
Does an expungement restore firearm rights?
Not automatically, and this is where people most often get it wrong. Firearm eligibility is governed separately, by both state and federal law, and a state expungement does not necessarily lift a federal prohibition. Treat it as a distinct question with a distinct answer, not as something that follows from clearing the record.
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