Motion to Expunge

When the motion to expunge is used

Timing: after the event that makes expungement available — for example, after a dismissal, acquittal or completed sentence for criminal records, or while a lawsuit is pending for a lis pendens. Post-trial motions come after a verdict or judgment. Their deadlines are short, so timing matters a great deal.

What the rule requires

• Criminal-record expungement and record sealing are governed mostly by state law, and eligibility, waiting periods, filing forms and fees differ widely from state to state. Many state courts publish self-help forms.
• Federal law provides expungement only in narrow situations. For example, a first-time offender found guilty of simple possession under 21 U.S.C. § 844 may be placed on pre-judgment probation without a judgment of conviction; if the case ends in dismissal under that program and the person was under 21 at the time of the offense, the court must enter an expungement order on the person's application (18 U.S.C. § 3607(a), (c)).

More rules for the motion to expunge

• A lis pendens is a recorded notice that a lawsuit affects title to or possession of real property. State statutes let a party move to expunge it — for example, in California any party, or a nonparty with an interest in the affected property, may apply to the court where the action is pending to expunge a notice of pendency of action (Cal. Code Civ. Proc. § 405.30).
• Within a civil case, a party may ask the court to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent or scandalous matter (Fed. R. Civ. P. 12(f)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of State expungement statutes; 18 U.S.C. § 3607(c); Cal. Code Civ. Proc. § 405.30; Fed. R. Civ. P. 12(f) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to expunge in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion to expunge procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Strike: a motion asking the court to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
• Motion to File Under Seal (Motion to Seal): a request for permission to file a document, or part of one, so that it is kept out of the public court record.
• Motion for Relief from a Judgment or Order: a motion asking the court to relieve a party from a final judgment, order, or proceeding for one of the reasons listed in Rule 60(b).

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on motion to expunge. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.