What Are the Common Challenges in Securing Expungement for Past Convictions?

For those with criminal records, expungement offers an opportunity to move forward without the stigma of past mistakes. By clearing or sealing prior convictions, expungement can open doors to new jobs, housing opportunities, professional licenses, and even educational prospects. But while it sounds like a straightforward process, expungement is rarely simple. 

At The Hardin Law Firm LLC in St Louis, Missouri, I help clients understand the common challenges that come with seeking expungement for past convictions. Here, I’ll explore the obstacles people often encounter and explain how experienced criminal defense attorneys help clients manage these challenges. Contact me today to discuss your unique case.

The Basics of Expungement

Expungement is a legal process that allows individuals to erase, seal, or otherwise restrict access to their criminal records. The goal is to provide individuals with a clean slate, so that a past conviction doesn’t unfairly limit their future, restoring opportunities that many people thought were permanently lost.

Depending on the state, an expunged record may be entirely erased, sealed from public view, or marked as dismissed. However, not every conviction qualifies, and the rules vary widely by jurisdiction. These variations are one reason why seeking legal guidance is crucial. An experienced attorney can help interpret complicated laws.

Not All Offenses Are Eligible

One of the first barriers people face in the expungement process is offense eligibility. Some states only allow expungement of non-violent misdemeanors, while others provide opportunities for certain felonies to be cleared after many years of good behavior. Common ineligible offenses often include:

• Violent crimes (assault, robbery, homicide)

• Sex offenses, particularly those requiring registration

• Crimes against children

• Certain drug trafficking charges

Because laws differ from state to state, an individual might qualify in one jurisdiction but be permanently barred in another. For example, one state may allow expungement of a low-level drug possession conviction, while a neighboring state may only allow sealing but not full expungement of the conviction.

Waiting Periods and Good Behavior Requirements

Even if a conviction is eligible, most states impose mandatory waiting periods before you can apply for expungement. These waiting periods can range from one year for minor offenses to over a decade for more serious convictions. This delay is meant to show the court that the individual has maintained a law-abiding lifestyle over a meaningful period of time.

During this time, you're often required to demonstrate good behavior, which means avoiding new arrests, paying all fines, completing probation, and maintaining steady employment. If you're arrested, even if the case is dismissed, your waiting period may restart. As a result, even minor setbacks can dramatically extend the path toward clearing a criminal record.

This creates a frustrating challenge for many applicants who feel they’ve “done their time” but remain stuck in legal limbo until the statutory period passes. For many, this waiting game can feel like an added punishment that prevents them from truly moving forward. It also emphasizes the importance of careful planning to manage the process as efficiently as possible.

Court and Prosecutor Discretion

Even when the statute allows for expungement, success isn’t promised. This means that two applicants with similar records could receive very different outcomes depending on the judge’s assessment. Judges often have wide discretion to approve or deny petitions based on factors such as the following: 

• The seriousness of the underlying offense

• The individual’s criminal history

• Evidence of rehabilitation (such as steady employment or community involvement)

• Objections from prosecutors or victims

Prosecutors may oppose expungement petitions, especially in cases involving violent crimes, repeat offenders, or cases where victims remain strongly affected. The court then balances these objections against the applicant’s arguments for a fresh start. Strong legal representation is essential for your case. Contact me today at The Hardin Law Firm LLC.

Unpaid Fines, Fees, or Restitution

Many applicants are surprised to learn that unpaid financial obligations can delay or derail their expungement. Even small outstanding balances can prevent a petition from moving forward, which can be frustrating for those trying to rebuild their lives. Courts often require full payment of the following:

• Court fines

• Restitution to victims

• Supervision fees

• Administrative charges

If any of these remain outstanding, the petition may be denied. For individuals struggling financially, this can feel like an impossible barrier, especially when a clean record could help them secure better-paying work. Some jurisdictions allow payment plans or reduced fees, but others require full satisfaction of debts before proceeding.

Inconsistent or Inaccurate Criminal Records

Another frequent problem involves errors in criminal records. A person’s case may appear differently across county, state, and federal databases. For example, a charge dismissed years ago may still show as “pending” on one database, or a record marked for sealing may still appear in a background check.

Inconsistent records can confuse employers, landlords, and even the courts reviewing the expungement petition. Correcting these errors requires careful documentation, persistence, and sometimes multiple court orders. Without experienced legal guidance, applicants may struggle to make sure all records are properly updated.

Complicated Paperwork and Procedural Rules

The expungement process involves detailed paperwork, strict filing deadlines, and sometimes multiple hearings. Even minor mistakes can cause significant delays or result in outright denial of a petition. Understanding the procedural requirements and following them precisely is critical for a successful expungement. Common mistakes include:

• Filing in the wrong court

• Using outdated forms

• Missing filing fees

• Failing to notify all necessary parties (such as prosecutors or police departments)

• Not attending mandatory hearings

Even small errors can result in delays or outright denial. Since courts expect precision, many individuals without legal training find the process overwhelming. A criminal defense attorney makes sure that all procedural requirements are met and that the petition is presented in the strongest possible light.

Opposition From Employers or Licensing Boards

Even after a successful expungement, challenges can continue. Certain employers or professional licensing boards, particularly in law enforcement, healthcare, or education, may still have access to sealed records. This means that while expungement offers significant relief, it doesn't always mean complete anonymity in every situation.

This creates confusion for applicants who believe their record is “erased,” only to discover that it remains relevant in certain contexts. While expungement provides significant relief, it’s not always a complete reset. Applicants must understand how expungement interacts with their specific career goals.

Multiple Convictions Complicate Eligibility

Many expungement statutes allow for the clearing of a single offense but not multiple convictions. If a person has several convictions, especially in different counties or states, they may face barriers to expungement. This limitation can make the process more complicated and may require multiple petitions or strategic planning to maximize the chances of success.

Some jurisdictions offer limited expungement opportunities for multiple offenses, particularly if they were closely related or occurred during the same timeframe. Others impose strict “one bite at the apple” rules, making it difficult for repeat offenders to qualify. Understanding these nuances is essential to avoid unnecessary delays or denials.

Speak With an Experienced Criminal Defense Attorney Today

Securing expungement for past convictions is rarely easy. Between strict eligibility rules, waiting periods, court discretion, financial obligations, and procedural challenges, applicants face numerous challenges. But those challenges shouldn't discourage individuals from pursuing a clean slate and moving forward with their lives.

At The Hardin Law Firm LLC, I guide clients in St Louis, MO, and beyond through the expungement process, addressing potential obstacles and advocating for their right to move forward without the burden of a criminal record. If you believe you may qualify for expungement, contact my firm today to discuss your situation.