Learn · Exclusions
What most states leave out.
Every state's record-relief statute has a list of categories that don't qualify. The categories overlap heavily across states, but the precise inclusion list matters — narrow carve-outs exist for older offenses and certain sentence types.
Sex offenses
Excluded from automatic and petition relief in nearly every state. A few narrow carve-outs exist for older non-registerable offenses.
See state-by-state pagesViolent felonies
Generally excluded from automatic Clean Slate sealing; some states allow petition relief after long wait periods.
DUI / DWI
Treatment varies widely. Some states (e.g. Michigan, Virginia) carve out DUIs entirely; others treat them as standard misdemeanors.
Pending cases or unpaid restitution
Most states require all sentence requirements — including restitution to victims — to be fully discharged before the clock starts.
Federal convictions
Federal expungement is functionally non-existent. There is no statutory federal expungement remedy for most offenses.
Why these categories are excluded
The legislative reasoning is consistent across jurisdictions: the state is willing to seal records the public no longer needs to know about, but reserves the right to keep a public record where the conviction speaks to ongoing public-safety concern. Sex offense registries operate on a separate track and are essentially never touched by Clean Slate or expungement statutes. Violent felonies carry the same heightened-scrutiny logic.
DUI is the most varied category state-to-state. Michigan and Virginia exclude DUIs from automatic sealing entirely. California and New Jersey include them after the standard wait period. Texas allows DUI expungement only after a specific path (deferred adjudication, dismissal). Read your state page for the specifics.
The narrow carve-outs to know
- Older non-registerable sex offenses — a small number of states allow petition relief for sex offenses that predate the modern registry, on a case-by-case basis. Vanishingly narrow.
- Sentence reduction or set-aside — convictions reduced from felony to misdemeanor (e.g. California's Prop 47) sometimes become eligible.
- Conditional discharge or deferred adjudication — successful completion sometimes permits sealing where a normal conviction would not.
- Pardons — a gubernatorial or executive pardon does not always trigger automatic sealing, but it changes the eligibility analysis enough to be worth re-running.
If your category is excluded
The quiz returning “likely excluded” is not the end of the analysis. Specific facts — the exact charge, the disposition (conviction vs. deferred), the date, sentence reductions, pardons — can move a case across the eligibility line. An expungement attorney who handles your state's record relief work routinely can spot options the quiz can't.
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