{"title":"Clearing a criminal record, by state","publisher":"Second Chance Index","page":"https://secondchanceindex.com/record-clearing","license":{"name":"Creative Commons Attribution 4.0 International (CC BY 4.0)","url":"https://creativecommons.org/licenses/by/4.0/"},"attribution":"Second Chance Index (https://secondchanceindex.com/record-clearing)","note":"Published records only, each with its sources and the date it was last checked. Not legal or financial advice.","last_verified":"2026-10-30","count":51,"records":[{"slug":"alabama","code":"AL","name":"Alabama","terms":["expungement","REDEEMER Act"],"summary":"Alabama's expungement law mainly covers misdemeanor and felony charges that did not end in a conviction, such as dismissals, no-bills and not-guilty verdicts. Since the 2021 REDEEMER Act, some misdemeanor, violation, traffic and municipal ordinance convictions can also be expunged three years after conviction, but a felony conviction generally can be expunged only after a pardon that restores your civil and political rights. The filing fee is $500 per arrest, which the court must waive if it finds you indigent. DUI and other serious traffic convictions cannot be expunged, and judges have discretion to deny.","remedies":[{"id":"non-conviction-expungement","name":"Expunging charges that did not lead to a conviction","type":"expungement","effect":"The court orders its own records and those of other agencies, including law enforcement, expunged. The proceedings are 'deemed never to have occurred,' and the court and agencies must reply to inquiries that no record exists. You do not have to disclose the record on applications for employment, credit or other applications, but you must disclose it to government regulatory or licensing agencies, utilities and banks or other financial institutions, which may inspect the records after notice to the court (Ala. Code 15-27-6). Expunged records can still be shared with criminal justice agencies and prosecutors, utilities, the Department of Human Resources for child or vulnerable-adult investigations, and entities serving financial institutions as required by law (Ala. Code 15-27-1(c)). Board of Pardons and Paroles reports and prosecutor records are not expunged (Ala. Code 15-27-6).","covers":"Misdemeanor, violation, traffic, municipal ordinance and felony charges that were dismissed, no-billed, nolle prossed, quashed, ended in a not-guilty verdict, or were dismissed after a diversion or specialty court program.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["Misdemeanor, violation, traffic violation or municipal ordinance charges (Ala. Code 15-27-1(a)) and felony charges (Ala. Code 15-27-2(a)) that were dismissed with prejudice, no-billed by a grand jury, ended in a not-guilty verdict, or were nolle prossed without conditions and not refiled, after more than 90 days.","An indictment that was quashed, once the time to refile has run or the prosecutor confirms it won't be refiled (Ala. Code 15-27-1(a), 15-27-2(a)).","A charge dismissed after you completed drug court, mental health court, diversion, veterans court or another court-approved deferred prosecution program, one year after completion (Ala. Code 15-27-1(a)(6), 15-27-2(a)(6)).","A charge dismissed without prejudice and not refiled: after more than 1 year and no other conviction in the previous 2 years for misdemeanor-level charges; after more than 5 years and no conviction in the previous 5 years for felony charges (minor traffic violations don't count) (Ala. Code 15-27-1(a)(7), 15-27-2(a)).","A charge you committed as a human trafficking victim, if you prove it by a preponderance of the evidence (Ala. Code 15-27-1(a)(8), 15-27-2(a)).","Felony charges qualify whatever the offense, including violent offenses: Ala. Code 15-27-2(a) covers a person 'charged with any felony offense.' The violent-offense exclusions in 15-27-2(b) and (c) apply to convictions.","There is no limit on most non-conviction expungements. Program-completion dismissals fall under the two-expungement limit in Ala. Code 15-27-2.1(a)(3), and all charges from the same arrest or incident count as one expungement (Ala. Code 15-27-2.1(b)). Since October 1, 2025 the court also has discretion over the number of cases expunged after your first (Ala. Code 15-27-5, as amended by SB 88)."],"not_eligible":["A charge dismissed without prejudice that has been refiled, or where you have a disqualifying conviction in the 2-year (misdemeanor-level) or 5-year (felony) look-back period (Ala. Code 15-27-1(a)(7), 15-27-2(a)(7)).","There is no right to expungement: the court may deny a petition in its discretion after weighing listed factors, though it 'shall grant' it if reasonably satisfied you meet the requirements (Ala. Code 15-27-5)."],"waiting_periods":[{"record":"Charge dismissed with prejudice, no-billed, not-guilty verdict, or nolle prossed (not refiled)","wait":"More than 90 days","detail":"Ala. Code 15-27-1(a), 15-27-2(a)"},{"record":"Dismissed after completing drug court, diversion or similar program","wait":"1 year after completing the program","detail":"Ala. Code 15-27-1(a)(6), 15-27-2(a)(6)"},{"record":"Misdemeanor, violation, traffic or ordinance charge dismissed without prejudice","wait":"More than 1 year, not refiled","detail":"No conviction for a felony, misdemeanor, violation or non-minor traffic violation in the previous 2 years (Ala. Code 15-27-1(a)(7))."},{"record":"Felony charge dismissed without prejudice","wait":"More than 5 years, not refiled","detail":"No conviction in the previous 5 years, other than minor traffic violations (Ala. Code 15-27-2(a))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get a certified copy of your criminal history from the Alabama Law Enforcement Agency (ALEA) using CJIS Form 46, and a certified arrest record or court disposition / case action summary for the charge (ALEA; Form CR-65).","Fill out Form CR-65, Petition for Expungement of Records. Check one eligibility ground, list every agency holding records, and sign under oath before a notary (Form CR-65; Ala. Code 15-27-3).","File it in the circuit court of the county where you were charged, with the $500 fee or an indigency request (Form CR-65; Ala. Code 15-27-1(d), 15-27-4).","Serve copies on the district attorney, the law enforcement agency and the clerk of court (Ala. Code 15-27-3). Form CR-65 warns that records held by parties who are not served may not be expunged, or expungement may be delayed.","The district attorney and the victim have 45 days to object in writing (Ala. Code 15-27-3). If someone objects, the court sets a hearing no sooner than 30 days after the objection (Ala. Code 15-27-5, as amended by SB 88, effective October 1, 2025)."],"where":"The circuit court (criminal division) in the county where the charges were filed (Ala. Code 15-27-1(d), 15-27-2(a); Form CR-65).","forms":[{"name":"Form CR-65, Petition for Expungement of Records (rev. 10/2024)","url":"https://eforms.alacourt.gov/media/aojnchjg/cr-65-expunge-petition-10-2024.pdf"},{"name":"ALEA CJIS Form 46, Application to Review/Challenge Alabama Criminal History","url":"https://www.alea.gov/sites/default/files/inline-files/ALEA%20CJIS%20Form%2046%20-%20Application%20to%20Review-Challenge%20Alabama%20CHRI_rev.2.2_3-8-2023.pdf"}],"cost":{"filing_fee_usd":500,"detail":"A $500 administrative filing fee, paid when you file, plus any court costs or docket fees. One fee covers all charges from one arrest; each separate arrest needs its own fee. If the original court found on the record that there was no probable cause for the arrest, docket fees and court costs (but not the $500) are waived (Ala. Code 15-27-4; Form CR-65). Certified records cost extra.","fee_waiver":"yes","fee_waiver_detail":"File an Affidavit of Substantial Hardship and Order with your petition; if the court finds you indigent, it 'shall waive the filing fee' (Ala. Code 15-27-4). Form CR-65 also says the fee may be waived for indigency."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Ala. Code 15-27-1 to 15-27-6","url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-1/"},"sources":[{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-1/","title":"Ala. Code 15-27-1 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-2/","title":"Ala. Code 15-27-2 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-3/","title":"Ala. Code 15-27-3 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-4/","title":"Ala. Code 15-27-4 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-5/","title":"Ala. Code 15-27-5 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-6/","title":"Ala. Code 15-27-6 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://eforms.alacourt.gov/media/aojnchjg/cr-65-expunge-petition-10-2024.pdf","title":"Form CR-65, Petition for Expungement of Records (rev. 10/2024)","publisher":"Alabama Unified Judicial System","accessed":"2026-10-21"},{"url":"https://www.alea.gov/criminal-record-expungement","title":"Criminal Record Expungement","publisher":"Alabama Law Enforcement Agency","accessed":"2026-10-21"},{"url":"https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/SB88-enr.pdf","title":"SB 88 (2025), enrolled","publisher":"Alabama Legislature","accessed":"2026-10-21"},{"url":"https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/SB223-int.pdf","title":"SB 223 (2025), introduced (reprints current Ala. Code 15-27-2)","publisher":"Alabama Legislature","accessed":"2026-10-21"}]},{"id":"misdemeanor-conviction-expungement","name":"Expunging misdemeanor, violation, traffic and ordinance convictions","type":"expungement","effect":"Same effect as other Alabama expungements: the proceedings are deemed never to have occurred and you need not disclose them on employment, credit or other applications, but you must disclose them to government licensing or regulatory agencies, utilities and financial institutions (Ala. Code 15-27-6). Records may still be shared with criminal justice agencies and the other entities listed in Ala. Code 15-27-1(c).","covers":"Misdemeanor, violation, traffic violation and municipal ordinance convictions, and youthful offender adjudications on those charges, that are not violent, sex, moral turpitude or serious traffic offenses.","outcomes":["misdemeanor"],"narrow":null,"eligible":["A conviction for a misdemeanor, violation, traffic violation or municipal ordinance violation, or a youthful offender adjudication on such a charge (Ala. Code 15-27-1(b)).","You have finished all probation or parole and paid all fines, costs, restitution and other court-ordered amounts, as shown by the court or agency (Ala. Code 15-27-1(b)).","At least three years have passed since the conviction (Ala. Code 15-27-1(b)).","A crime that was a felony when you were convicted but was reclassified as a misdemeanor by Act 2015-185 can qualify even if it involves moral turpitude, if you have had no arrest (other than minor traffic) in the 15 years before filing (Ala. Code 15-27-1(b)).","Lifetime limit: Ala. Code 15-27-2.1(a)(3) says a person 'may only be granted two expungements pursuant to' this provision and the two program-completion provisions. Read literally, that is two in total across all three, but Form CR-65 states the program limit separately, so whether it is two in total or two of each is unsettled. All convictions from one arrest or incident count as one (Ala. Code 15-27-2.1(b)), and since October 1, 2025 the court has discretion over the number of cases expunged after your first (Ala. Code 15-27-5, as amended by SB 88)."],"not_eligible":["A violent offense as defined in Ala. Code 12-25-32 (Ala. Code 15-27-1(b)).","A sex offense as defined in Ala. Code 15-20A-5 (Ala. Code 15-27-1(b)).","An offense involving moral turpitude under Ala. Code 17-3-30.1, except the Act 2015-185 reclassification exception (Ala. Code 15-27-1(b)).","A serious traffic offense under Article 9 of Chapter 5A of Title 32, which includes reckless driving, homicide by vehicle, DUI and fleeing or attempting to elude police (Ala. Code 15-27-1(b); Ala. Code 32-5A-190 to 32-5A-196).","An offense listed in 49 C.F.R. 383.51 if you held a commercial driver license or permit, or were driving a commercial motor vehicle, at the time (Ala. Code 15-27-1(b))."],"waiting_periods":[{"record":"Misdemeanor, violation, traffic or ordinance conviction","wait":"3 years from the conviction","detail":"And all probation or parole completed and all fines, costs and restitution paid (Ala. Code 15-27-1(b))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your certified ALEA criminal history and a certified court disposition or case action summary.","Complete Section II of Form CR-65 and confirm each listed condition; file one petition for each charge or conviction (Form CR-65).","File in the circuit court of the county where you were charged, pay the $500 fee or ask for an indigency waiver, and serve the district attorney, the law enforcement agency and the clerk (Ala. Code 15-27-3, 15-27-4).","Wait for the 45-day objection period; if the district attorney or victim objects, the court holds a hearing (Ala. Code 15-27-3, 15-27-5)."],"where":"The circuit court in the county where you were charged (Ala. Code 15-27-1(d); Form CR-65).","forms":[{"name":"Form CR-65, Petition for Expungement of Records (rev. 10/2024)","url":"https://eforms.alacourt.gov/media/aojnchjg/cr-65-expunge-petition-10-2024.pdf"}],"cost":{"filing_fee_usd":500,"detail":"$500 per arrest, plus any court costs or docket fees (Ala. Code 15-27-4).","fee_waiver":"yes","fee_waiver_detail":"Submit an Affidavit of Substantial Hardship and Order with the petition; if the court finds you indigent, it must waive the filing fee (Ala. Code 15-27-4)."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Ala. Code 15-27-1(b), 15-27-2.1","url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-1/"},"sources":[{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-1/","title":"Ala. Code 15-27-1 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-2-1/","title":"Ala. Code 15-27-2.1 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/alabama/title-32/chapter-5a/article-9/","title":"Ala. Code Title 32, Chapter 5A, Article 9: Serious Traffic Offenses (republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2021RS/PrintFiles/SB117-Enr.pdf","title":"SB 117 (2021), REDEEMER Act, enrolled","publisher":"Alabama Legislature","accessed":"2026-10-21"},{"url":"https://eforms.alacourt.gov/media/aojnchjg/cr-65-expunge-petition-10-2024.pdf","title":"Form CR-65, Petition for Expungement of Records (rev. 10/2024)","publisher":"Alabama Unified Judicial System","accessed":"2026-10-21"},{"url":"https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/SB88-enr.pdf","title":"SB 88 (2025), enrolled","publisher":"Alabama Legislature","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-5/","title":"Ala. Code 15-27-5 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"}]},{"id":"felony-conviction-after-pardon","name":"Expunging a felony conviction after a pardon","type":"expungement","effect":"Same effect as other Alabama expungements (Ala. Code 15-27-6).","covers":"One felony conviction for which you have received a full pardon with restoration of civil and political rights.","outcomes":["felony"],"narrow":"Only after a pardon","eligible":["The Board of Pardons and Paroles has granted you a certificate of pardon with restoration of civil and political rights, and all rights you lost have been restored (Ala. Code 15-27-2(c)).","At least 180 days have passed since the pardon certificate was issued (Ala. Code 15-27-2(c)).","Only one felony conviction expungement is allowed in a lifetime (Ala. Code 15-27-2.1(a)(2))."],"not_eligible":["Violent offenses under Ala. Code 12-25-32, except three trafficking-related offenses for proven trafficking victims (Ala. Code 15-27-2(b), (c)).","Sex offenses under Ala. Code 15-20A-5 (Ala. Code 15-27-2(c)).","Offenses involving moral turpitude, except the Act 2015-185 reclassification exception (Ala. Code 15-27-2(c)).","Serious traffic offenses, including felony DUI and homicide by vehicle (Ala. Code 15-27-2(c); Title 32, Chapter 5A, Article 9).","Offenses listed in 49 C.F.R. 383.51 if you held a commercial license or permit or were driving a commercial vehicle (Ala. Code 15-27-2(c))."],"waiting_periods":[{"record":"Pardoned felony conviction","wait":"180 days after the pardon certificate is issued","detail":"Ala. Code 15-27-2(c)"}],"automatic":"no","automatic_detail":null,"how_to_file":["First obtain a pardon with restoration of civil and political rights from the Board of Pardons and Paroles (a separate process not covered here).","After 180 days, complete Section V of Form CR-65 and file it in the circuit court of the county where you were charged, with the $500 fee or an indigency request, and serve the district attorney, law enforcement agency and clerk (Form CR-65; Ala. Code 15-27-3, 15-27-4)."],"where":"The circuit court in the county where you were charged (Ala. Code 15-27-2(c); Form CR-65).","forms":[{"name":"Form CR-65, Petition for Expungement of Records (rev. 10/2024)","url":"https://eforms.alacourt.gov/media/aojnchjg/cr-65-expunge-petition-10-2024.pdf"}],"cost":{"filing_fee_usd":500,"detail":"$500 per arrest, plus any court costs or docket fees (Ala. Code 15-27-4).","fee_waiver":"yes","fee_waiver_detail":"Affidavit of Substantial Hardship and Order; the court must waive the fee if it finds you indigent (Ala. Code 15-27-4)."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Ala. Code 15-27-2(c)","url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-2/"},"sources":[{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-2/","title":"Ala. Code 15-27-2 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-2-1/","title":"Ala. Code 15-27-2.1 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://eforms.alacourt.gov/media/aojnchjg/cr-65-expunge-petition-10-2024.pdf","title":"Form CR-65, Petition for Expungement of Records (rev. 10/2024)","publisher":"Alabama Unified Judicial System","accessed":"2026-10-21"}]}],"clean_slate":{"status":"none","effective":null,"detail":"Alabama has no automatic expungement; every expungement needs a petition and the $500 fee or a fee waiver (Ala. Code 15-27-3, 15-27-4). Two 2026 bills did not become law as far as we found: HB 261, which would have changed non-conviction expungement (its House Judiciary substitute would have cut some 90-day waits to 30 days), and HB 535 (pardoned, vacated or overturned convictions).","sources":[{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-3/","title":"Ala. Code 15-27-3 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2026RS/KH7D8UA-1.pdf","title":"HB 261 (2026), House Judiciary substitute","publisher":"Alabama Legislature","accessed":"2026-10-21"}]},"marijuana":{"detail":null,"sources":[]},"non_conviction":{"detail":"Most of Alabama's expungement law is for charges that did not end in a conviction. Misdemeanor, traffic, violation, ordinance and felony charges can be expunged more than 90 days after a dismissal with prejudice, no-bill, not-guilty verdict or unconditional nolle pros; one year after completing a diversion or specialty court program; and 1 year (misdemeanors) or 5 years (felonies) after a dismissal without prejudice if there are no new convictions. This includes felony charges for violent offenses: the felony charge section covers 'any felony offense,' and its violent-offense exclusions apply only to convictions (Ala. Code 15-27-2). The $500 fee and the court's discretion apply (Ala. Code 15-27-1, 15-27-2, 15-27-4, 15-27-5).","sources":[{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-1/","title":"Ala. Code 15-27-1 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-2/","title":"Ala. Code 15-27-2 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/SB223-int.pdf","title":"SB 223 (2025), introduced (reprints current Ala. Code 15-27-2)","publisher":"Alabama Legislature","accessed":"2026-10-21"}]},"dui":{"eligible":"no","detail":"A DUI conviction cannot be expunged in Alabama. Misdemeanor convictions and pardoned felony convictions are excluded if they are a 'serious traffic offense' under Article 9 of Chapter 5A of Title 32, and that article includes driving under the influence (Ala. Code 32-5A-191), homicide by vehicle, reckless driving and fleeing police (Ala. Code 15-27-1(b), 15-27-2(c)). Form CR-65 asks you to confirm the conviction is not a serious traffic offense. A DUI charge that ended without a conviction is treated differently: the non-conviction provisions cover misdemeanor and traffic charges that were dismissed, no-billed, nolle prossed or ended in acquittal, or were dismissed after a diversion program, and they do not list a serious-traffic exclusion (Ala. Code 15-27-1(a)). Commercial drivers face an extra bar for offenses listed in 49 C.F.R. 383.51.","sources":[{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-1/","title":"Ala. Code 15-27-1 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/alabama/title-32/chapter-5a/article-9/","title":"Ala. Code Title 32, Chapter 5A, Article 9: Serious Traffic Offenses (republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://eforms.alacourt.gov/media/aojnchjg/cr-65-expunge-petition-10-2024.pdf","title":"Form CR-65, Petition for Expungement of Records (rev. 10/2024)","publisher":"Alabama Unified Judicial System","accessed":"2026-10-21"}]},"employers":{"detail":"After an expungement you do not have to disclose the record or related matters on applications for employment, credit or other applications. You must still disclose it to government regulatory or licensing agencies, utilities and their affiliates, and banks or other financial institutions, which may inspect the expunged records after filing notice with the court (Ala. Code 15-27-6). We did not find or confirm a statewide fair-chance or ban-the-box law covering private employers in Alabama.","sources":[{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-6/","title":"Ala. Code 15-27-6 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"}]},"free_help":[{"name":"Legal Services Alabama (AlabamaLegalHelp.org)","url":"https://www.alabamalegalhelp.org/","type":"legal_aid","detail":"Statewide free civil legal aid for eligible people. Call 1-866-456-4995 (English) or 1-888-835-3505 (Spanish), or apply online."},{"name":"Alabama court forms: Petition for Expungement of Records (CR-65)","url":"https://eforms.alacourt.gov/media/aojnchjg/cr-65-expunge-petition-10-2024.pdf","type":"court_self_help","detail":"The official statewide petition with instructions for each type of expungement."},{"name":"ALEA Criminal Record Expungement","url":"https://www.alea.gov/criminal-record-expungement","type":"state_agency","detail":"How to get the certified criminal history you must attach to the petition."}],"sources":[{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-1/","title":"Ala. Code 15-27-1 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/alabama/title-15/chapter-27/section-15-27-4/","title":"Ala. Code 15-27-4 (2025 Code of Alabama, republished)","publisher":"Justia, republishing the Code of Alabama","accessed":"2026-10-21"},{"url":"https://eforms.alacourt.gov/media/aojnchjg/cr-65-expunge-petition-10-2024.pdf","title":"Form CR-65, Petition for Expungement of Records (rev. 10/2024)","publisher":"Alabama Unified Judicial System","accessed":"2026-10-21"},{"url":"https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2021RS/PrintFiles/SB117-Enr.pdf","title":"SB 117 (2021), REDEEMER Act, enrolled","publisher":"Alabama Legislature","accessed":"2026-10-21"},{"url":"https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/SB88-enr.pdf","title":"SB 88 (2025), enrolled","publisher":"Alabama Legislature","accessed":"2026-10-21"},{"url":"https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/SB223-int.pdf","title":"SB 223 (2025), introduced (reprints current Ala. Code 15-27-2)","publisher":"Alabama Legislature","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"alaska","code":"AK","name":"Alaska","terms":["set aside","suspended imposition of sentence (SIS)","suspended entry of judgment","sealing","CourtView removal"],"summary":"Alaska has no expungement law. The main way to clear a conviction is a set-aside after a suspended imposition of sentence (SIS), which the judge considers when probation ends; even then, the state criminal history still shows the conviction as 'set aside.' The court system's website, CourtView, automatically drops acquittals and dismissals after 60 days, set-aside SIS cases and some marijuana and underage alcohol cases. Sealing is limited to records caused by mistaken identity or a false accusation and to court files that are still open or recently closed. In 2026 the Legislature passed a crime bill (HB 239) whose title includes restricting the release of certain conviction records, but we couldn't confirm the final law on an official site.","remedies":[{"id":"sis-set-aside","name":"Set-aside after a suspended imposition of sentence (SIS)","type":"set_aside","effect":"When probation ends without a sentence being imposed, the court discharges you and decides whether to set aside the conviction; if it does, it gives you a certificate saying so (Criminal Rule 35.2(a)). A set-aside does not erase the record. The Department of Public Safety (DPS) keeps it in the state criminal history with the disposition 'conviction set aside' and treats it as past conviction information (DPS), the kind of record DPS includes in the reports it releases to any person (DPS request forms). If every other charge in the same case was also acquitted, dismissed or set aside, the case is taken off CourtView, the court system's public website (Administrative Rule 40(a)(13)).","covers":"Misdemeanor and felony convictions where the judge suspended imposition of sentence at sentencing and the person finished probation.","outcomes":["misdemeanor","felony"],"narrow":"Only if the judge gave an SIS at sentencing","eligible":["At sentencing, the judge entered a conviction but suspended imposition of sentence and placed you on probation (court self-help glossary; Criminal Rule 35.2(a)).","You completed probation without the court imposing a sentence, and no petition to revoke probation is pending (Criminal Rule 35.2(a)).","Set-aside is up to the judge: the court considers whether the conviction should be set aside, and if it decides not to, it must give specific reasons (Criminal Rule 35.2(a))."],"not_eligible":["Driving under the influence (DUI), most physical and sexual assaults, and crimes in which a firearm was used: the court system says the law prohibits an SIS in these cases (court self-help glossary).","The statute, AS 12.55.085, may rule out other cases too. We couldn't read its current text on an official site, so ask the court or a lawyer whether your offense and record qualify.","Cases where the court revoked probation and imposed a sentence; Criminal Rule 35.2 covers only probation completed without imposition of sentence."],"waiting_periods":[{"record":"Misdemeanor or felony with an SIS","wait":"Until probation ends","detail":"Discharge is entered 30 days after the probation term expires, or later if the court finds cause (Criminal Rule 35.2(a))."}],"automatic":"some","automatic_detail":"You don't have to file a motion. When probation ends, the court must discharge you and decide on its own whether to set aside the conviction. The court tells the prosecutor at least 20 days before probation expires; anyone who opposes the set-aside must file a motion at least 20 days before discharge, and you get a copy and a chance to respond. If no one opposes it, the judge can refuse only after giving you notice and a chance to be heard (Criminal Rule 35.2).","how_to_file":["If your sentence was an SIS, there is nothing to file: the court considers set-aside when probation ends (Criminal Rule 35.2).","Keep your contact information current with the court (form TF-955) so you receive any notice or opposing motion.","If the prosecutor or anyone else files a motion opposing the set-aside, file a response before the deadline and go to any hearing the court sets (Criminal Rule 35.2(b)).","After the set-aside, check CourtView. If every charge in the case was resolved in a way that qualifies under Administrative Rule 40(a)(13) and the case still shows, file form TF-810 with the court where the case was filed and attach proof of the SIS and the set-aside order.","To see what your state criminal history shows, request your own record from DPS ($20 name-based, $35 fingerprint-based)."],"where":"The trial court that imposed the suspended imposition of sentence.","forms":[{"name":"TF-955 Notice of Change of Contact Information","url":"https://public.courts.alaska.gov/web/forms/docs/tf-955.pdf"},{"name":"TF-810 Request to Exclude Case from Online Public Index (CourtView) under Administrative Rule 40(a) or AS 22.35.030","url":"https://public.courts.alaska.gov/web/forms/docs/tf-810.pdf"},{"name":"DPS Request for Criminal Justice Information from Record Subject (your own record)","url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestforCJI_FromRecordSubject.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No filing is needed because the court reviews set-aside on its own, and the court's fee schedule charges no fee for filing a criminal action (Administrative Rule 9(c)(5)). Certified copies cost $10 per document, but a party gets one free certified copy of the final judgment or order in the case (Rule 9(e)(2)). A DPS copy of your own record costs $20 (name-based) or $35 (fingerprint-based).","fee_waiver":"yes","fee_waiver_detail":"If you can't afford copy or certification fees, form TF-920 asks the court to exempt you (Administrative Rule 9(f)(1) and Rule 10)."},"hearing":"sometimes","timeline":"Discharge and the set-aside decision are entered 30 days after probation expires, unless the court sets a later time for cause (Criminal Rule 35.2(a)).","statute":{"cite":"AS 12.55.085; Alaska R. Crim. P. 35.2","url":"https://www.akleg.gov/basis/statutes.asp#12.55.085"},"sources":[{"url":"https://courts.alaska.gov/rules/docs/crpro.pdf","title":"Alaska Rules of Criminal Procedure (Rule 35.2, Discharge and Set-Aside of Conviction)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/shc/criminal/glossary.htm","title":"Self-Help: Glossary of Criminal Cases Terms (Suspended Entry of Judgment; Suspended Imposition of Sentence)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/shc/criminal/after-sentencing.htm","title":"Self-Help: After Sentencing (What is suspended imposition of sentence?)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/statewide/background-checks/","title":"Background Checks (including FAQ on set-aside convictions, expungement and sealing)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestforCJI_FromOtherThanRecordSubject.pdf","title":"Request for Criminal Justice Information from other than the record subject ('any person' and 'interested person' reports)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestforCJI_FromRecordSubject.pdf","title":"Request for Criminal Justice Information from the record subject (report types and fees)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rule 40, Index to Cases)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rule 9, Fee Schedule)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/trialcourts/cvinfo.htm","title":"CourtView Online Information (Cases Removed From CourtView Public Access Website, quoting AS 22.35.030)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://public.courts.alaska.gov/web/forms/docs/tf-810.pdf","title":"TF-810 (5/25) Request to Exclude Case from Online Public Index (CourtView) under Administrative Rule 40(a) or AS 22.35.030","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://public.courts.alaska.gov/web/forms/docs/tf-920.pdf","title":"TF-920 (9/25) Request and Order for Exemption from Payment of Fees","publisher":"Alaska Court System","accessed":"2026-10-22"}]},{"id":"suspended-entry-of-judgment","name":"Suspended entry of judgment (dismissal after probation)","type":"dismissal","effect":"No judgment of conviction is entered. If you follow all of the probation conditions, the court dismisses the criminal proceedings (court self-help). The court's self-help pages say this removes the charge from your record, but DPS says a dismissed charge still appears on your state criminal history (DPS). DPS reports released to 'any person' list only open charges and charges that resulted in conviction, while reports to you and to 'interested persons' (employers screening people for positions with supervisory or disciplinary power over children or dependent adults) list all charges and dispositions (DPS request forms). Sixty days after the dismissal, the court system may not publish the case on its public website, CourtView (AS 22.35.030(4), as quoted by the court system).","covers":"Cases where the person pleaded guilty or was found guilty and the judge, with the defendant's and prosecutor's consent, put off entering judgment and placed the person on probation.","outcomes":["diversion"],"narrow":"Only if the prosecutor agreed at sentencing","eligible":["You pleaded guilty or were found guilty, and both you and the prosecutor agreed to the court deferring further proceedings and placing you on probation (court self-help).","You follow all of the probation conditions; the court then dismisses the criminal proceedings (court self-help)."],"not_eligible":["Cases where you don't follow the probation conditions; dismissal depends on completing probation (court self-help).","The statute, AS 12.55.078, may rule out some charges or some people. We couldn't read its current text on an official site, so ask the court or a lawyer whether your case qualifies."],"waiting_periods":[{"record":"Misdemeanor or felony with suspended entry of judgment","wait":"End of the probation period","detail":"The court system says the probation term depends on the offense under AS 12.55.090(c), from 1 year for most misdemeanors up to 15 years for a felony sex offense. CourtView stops showing the case 60 days after the dismissal (AS 22.35.030(4))."}],"automatic":"some","automatic_detail":"The prosecutor has to agree at sentencing. After that, if you follow all of the probation conditions the court dismisses the case (court self-help), and the court system removes the case from CourtView automatically 60 days after dismissal, though it says some cases may be missed. If the case still shows, file form TF-810 (CourtView information page).","how_to_file":["Ask about a suspended entry of judgment before you plead guilty or are sentenced; it needs both your agreement and the prosecutor's (court self-help).","Complete every probation condition the court sets.","About 60 days after the dismissal, check CourtView. If the case still appears, file form TF-810 at the court where the case was filed."],"where":"The trial court handling the criminal case.","forms":[{"name":"TF-810 Request to Exclude Case from Online Public Index (CourtView) under Administrative Rule 40(a) or AS 22.35.030","url":"https://public.courts.alaska.gov/web/forms/docs/tf-810.pdf"}],"cost":{"filing_fee_usd":null,"detail":"It is part of the criminal case, not a separate filing. The court's fee schedule charges no fee for filing a criminal action (Administrative Rule 9(c)(5)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"AS 12.55.078","url":"https://www.akleg.gov/basis/statutes.asp#12.55.078"},"sources":[{"url":"https://courts.alaska.gov/shc/criminal/sentencing.htm","title":"Self-Help: Sentencing (What is a Suspended Entry of Judgment (SEJ)?)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/shc/criminal/glossary.htm","title":"Self-Help: Glossary of Criminal Cases Terms (Suspended Entry of Judgment; Suspended Imposition of Sentence)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/trialcourts/cvinfo.htm","title":"CourtView Online Information (Cases Removed From CourtView Public Access Website, quoting AS 22.35.030)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://public.courts.alaska.gov/web/forms/docs/tf-810.pdf","title":"TF-810 (5/25) Request to Exclude Case from Online Public Index (CourtView) under Administrative Rule 40(a) or AS 22.35.030","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/statewide/background-checks/","title":"Background Checks (including FAQ on set-aside convictions, expungement and sealing)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestforCJI_FromOtherThanRecordSubject.pdf","title":"Request for Criminal Justice Information from other than the record subject ('any person' and 'interested person' reports)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestforCJI_FromRecordSubject.pdf","title":"Request for Criminal Justice Information from the record subject (report types and fees)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rule 9, Fee Schedule)","publisher":"Alaska Court System","accessed":"2026-10-22"}]},{"id":"courtview-removal","name":"Removal from CourtView, the court system's public website","type":"other","effect":"The case no longer appears in the court system's online public index, CourtView. This affects only the website. Unless a judge sealed the file or a law or rule makes it confidential, the court file is still a public court record (Administrative Rules 37.5(d) and 40(a)), and the charge and outcome stay in the DPS criminal history, which has its own release rules (DPS).","covers":"Criminal cases that ended in acquittal or dismissal, cases dismissed after a suspended entry of judgment, set-aside SIS cases, early dismissals for no probable cause or mistaken identity, under-21 alcohol cases charged on their own, and convictions for possessing less than 1 ounce of marijuana at age 21 or older.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["Every charge in the case ended in acquittal, dismissal or a mix of the two, and 60 days have passed. Dismissals that were part of a plea agreement in another criminal case don't qualify (AS 22.35.030(1)-(3)).","All charges were dismissed after a suspended entry of judgment under AS 12.55.078, and 60 days have passed (AS 22.35.030(4)).","The case was dismissed because the prosecutor declined to file a charging document, a judge found no probable cause (Criminal Rule 4(a)(1) or 5(d)), there was an identity error (Criminal Rule 43(d)), or a minor was wrongly charged in adult court; minor offense cases dismissed because no charge was filed or for an identity error also qualify (Administrative Rule 40(a)(3)-(8)).","You received an SIS, completed it and had the conviction set aside, and every other charge in the same case ended in acquittal or dismissal or was set aside after an SIS (Rule 40(a)(13)).","The case charged only an under-21 alcohol offense (AS 04.16.049, 04.16.050, 04.16.060(g), 28.35.280, 28.35.285, 28.35.290 or a similar municipal ordinance), whatever the outcome, and it wasn't joined with any other charge when filed (Rule 40(a)(14)).","You were convicted of possessing less than 1 ounce of marijuana under AS 11.71.060 (or an earlier version, or a similar municipal ordinance), you were 21 or older at the time, and you weren't convicted of any other charge in that case (Rule 40(a)(15)).","A judge sealed the whole case or made it confidential (Rule 40(a)(1))."],"not_eligible":["Most convictions. Only the set-aside SIS and marijuana possession cases above come off CourtView, and a set-aside conviction stays on if another charge in the same case ended in a conviction that wasn't set aside (Rule 40(a)(13)).","Cases where the charges were dismissed as part of a plea agreement in another criminal case (AS 22.35.030(2)).","Marijuana possession cases where you were under 21 at the time or were also convicted of another charge in the case (Rule 40(a)(15))."],"waiting_periods":[{"record":"Acquittal or dismissal, including dismissal after a suspended entry of judgment","wait":"60 days after the acquittal or dismissal","detail":"AS 22.35.030"},{"record":"Set-aside SIS case, marijuana possession conviction, under-21 alcohol case, early dismissal","wait":"No waiting period stated","detail":"Administrative Rule 40(a) leaves these cases off the public index without setting a waiting period."}],"automatic":"yes","automatic_detail":"The court system removes qualifying cases automatically but says some may be missed; if yours still shows, file form TF-810 with the court where the case was filed (CourtView information page; TF-810). The rule's notes say paragraphs (a)(3)-(9) (added in 2014), the 2018 changes to (a)(9)-(10) and paragraphs (a)(13)-(14) (added in 2021) also apply to cases closed before those changes took effect.","how_to_file":["Search CourtView for your name to see whether the case still appears.","If it should have been removed, fill out form TF-810 and check the reason that fits. Attach the SIS judgment and set-aside order, or the sealing order, if that is your reason.","File the form with the clerk at the trial court where the case was filed. The court returns the form marked to show whether the case was removed."],"where":"Clerk's office at the trial court where the case was filed.","forms":[{"name":"TF-810 Request to Exclude Case from Online Public Index (CourtView) under Administrative Rule 40(a) or AS 22.35.030","url":"https://public.courts.alaska.gov/web/forms/docs/tf-810.pdf"}],"cost":{"filing_fee_usd":0,"detail":"Form TF-810 lists no fee, and the court's fee schedule (Administrative Rule 9), which says court fees may be charged only as the rule specifies, lists none for this request.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"AS 22.35.030; Alaska Admin. R. 40(a)","url":"https://www.akleg.gov/basis/statutes.asp#22.35.030"},"sources":[{"url":"https://courts.alaska.gov/trialcourts/cvinfo.htm","title":"CourtView Online Information (Cases Removed From CourtView Public Access Website, quoting AS 22.35.030)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rule 40, Index to Cases)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://public.courts.alaska.gov/web/forms/docs/tf-810.pdf","title":"TF-810 (5/25) Request to Exclude Case from Online Public Index (CourtView) under Administrative Rule 40(a) or AS 22.35.030","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rules 37.5 and 37.6, access to court records)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rule 9, Fee Schedule)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/statewide/background-checks/","title":"Background Checks (including FAQ on set-aside convictions, expungement and sealing)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"}]},{"id":"court-file-sealing","name":"Sealing or making a court file confidential (Administrative Rule 37.6)","type":"sealing","effect":"A sealed record can be seen only by the judge and people the court authorizes in writing; a confidential record can be seen only by the parties, their lawyers, people with a court order and court staff (Administrative Rule 37.5(c)). If the whole case is sealed or made confidential, it is removed from CourtView (Rule 40(a)(1); TF-800). This covers court records only; DPS keeps the state criminal history in a separate, confidential repository (DPS).","covers":"A criminal case file, or parts of it, but only while the case is open or within 90 days after it closes.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":"Only while open or within 90 days of closing","eligible":["The case is still open, or it closed less than 90 days ago. If a case is reopened 90 days or more after closing, only records filed after it reopened can be sealed (Administrative Rule 37.6(a)).","The judge finds that a legitimate interest in confidentiality outweighs the public interest in disclosure, such as risk of injury, privacy, proprietary business information, the deliberative process or public safety (Rule 37.6(b)).","The judge must name a reason particular to your case that sets it apart from similar cases, and must use the least restrictive option, such as sealing only some documents (Rule 37.6(b)-(c))."],"not_eligible":["Cases that have been closed for 90 days or more; the rule says the court 'shall not' limit access to them (Rule 37.6(a)).","A case reopened only because you filed the sealing request doesn't count as open (Rule 37.6(a)).","The rule doesn't let a judge change the CourtView index, except to fix a data entry error (Rule 37.6(e))."],"waiting_periods":[{"record":"Any case","wait":"No wait; ask while the case is open or within 90 days after it closes","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Fill out form TF-800. Choose 'confidential' or 'sealed' and list the whole file or the specific documents, log notes, recordings or transcripts.","Explain why, and sign under oath before a court clerk or notary.","Give a copy to every party in the case (in a criminal case, the prosecutor) and complete the certificate of service.","File it with the clerk's office at your local trial court. The request, any response and the judge's order are public records (Rule 37.6(d))."],"where":"Clerk's office of the trial court handling the case.","forms":[{"name":"TF-800 Request to Make Case Records Confidential or Sealed under Administrative Rule 37.6","url":"https://public.courts.alaska.gov/web/forms/docs/tf-800.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Form TF-800 doesn't mention a fee, and we didn't find one for this request in the court's fee schedule (Administrative Rule 9).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Alaska Admin. R. 37.5, 37.6","url":"https://courts.alaska.gov/rules/docs/adm.pdf"},"sources":[{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rules 37.5 and 37.6, access to court records)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://public.courts.alaska.gov/web/forms/docs/tf-800.pdf","title":"TF-800 (5/25) Request to Make Case Records Confidential or Sealed under Administrative Rule 37.6","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rule 40, Index to Cases)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/statewide/background-checks/","title":"Background Checks (including FAQ on set-aside convictions, expungement and sealing)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"}]},{"id":"mistaken-identity-sealing","name":"Sealing for mistaken identity or false accusation (AS 12.62.180)","type":"sealing","effect":"DPS keeps sealed information in its files, but it is left out of the reports DPS releases to any person and to interested persons; only your own report includes it (DPS request forms). The state repository notes that the information was sealed by the Commissioner of Public Safety or by a court on appeal (13 AAC 68.205). You may deny the existence of the sealed information and of the arrest, charge, conviction or sentence it shows. Sealed information can still be shared for record management, criminal justice employment, your own review, research, preventing imminent harm to a person, or a use allowed by statute or court order (AS 12.62.180(d)). Each agency can seal only the information it maintains, and DPS can't seal records from other states or the federal government (AS 12.62.180(a); DPS form).","covers":"Arrest, charge or conviction information that resulted from mistaken identity or a false accusation.","outcomes":["no_conviction","misdemeanor","felony"],"narrow":"Mistaken identity or false accusation only","eligible":["You show, beyond a reasonable doubt, that the information resulted from mistaken identity or false accusation (AS 12.62.180(b)).","If the charge was dismissed or you were acquitted or found not guilty, you attach the court order or judgment showing it (DPS Request to Seal form).","If you were convicted, you attach a court judgment or order overturning the conviction, or a Governor's pardon (DPS form)."],"not_eligible":["Records that didn't result from mistaken identity or false accusation. DPS says Alaska has no law to expunge criminal history records, and this is the only sealing route it describes (DPS).","An appeal of a denial can't be used to attack a court judgment, or any decision that could have been appealed or challenged through post-conviction relief (AS 12.62.180(c)).","Records from other states or the federal government (DPS form)."],"waiting_periods":[{"record":"Record from mistaken identity or false accusation","wait":"No waiting period stated","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Get the DPS Request to Seal Criminal Justice Information form.","Fill in your personal and case information and explain how the charge came from mistaken identity or a false accusation, including what you know about the person you were mistaken for or the person who made the accusation.","Ask the arresting or citing officer and the prosecutor (or their supervisors) to complete their sections saying whether they agree, and attach the dismissal or acquittal order, or the order overturning the conviction or the pardon.","Mail the packet to DPS, Criminal Records and Identification Bureau, Quality Assurance Unit, 5700 E. Tudor Road, Anchorage, AK 99507. The Bureau may ask for fingerprints.","The Commissioner of Public Safety decides and returns the packet to you. If the request is denied, you can appeal to the court, where you must show the decision was clearly mistaken (AS 12.62.180(c))."],"where":"Department of Public Safety, Criminal Records and Identification Bureau, for records in the state repository; for records another criminal justice agency maintains, the head of that agency (AS 12.62.180(a)-(b)).","forms":[{"name":"DPS Request to Seal Criminal Justice Information (Seal Req 2-04)","url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestToSealCrimInfo.pdf"}],"cost":{"filing_fee_usd":null,"detail":"The DPS form doesn't list a fee.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":null,"statute":{"cite":"AS 12.62.180; 13 AAC 68.205","url":"https://www.akleg.gov/basis/statutes.asp#12.62.180"},"sources":[{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestToSealCrimInfo.pdf","title":"Request to Seal Criminal Justice Information (Form: Seal Req 2-04), including AS 12.62.180 and 13 AAC 68.205","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/statewide/background-checks/","title":"Background Checks (including FAQ on set-aside convictions, expungement and sealing)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestforCJI_FromRecordSubject.pdf","title":"Request for Criminal Justice Information from the record subject (report types and fees)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestforCJI_FromOtherThanRecordSubject.pdf","title":"Request for Criminal Justice Information from other than the record subject ('any person' and 'interested person' reports)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"Alaska has no Clean Slate law, and DPS says Alaska has no law to expunge criminal history records (DPS). The automatic relief is on the court website: CourtView stops showing a case 60 days after an acquittal or dismissal, including a dismissal after a suspended entry of judgment (AS 22.35.030, as quoted by the court system), and Administrative Rule 40(a) leaves off early dismissals, set-aside SIS cases, separately charged under-21 alcohol cases and convictions for possessing less than 1 ounce of marijuana at 21 or older. The court system says it removes these automatically but some may be missed. The court also considers set-aside on its own when SIS probation ends (Criminal Rule 35.2). The DPS criminal history is not cleared automatically. The Legislature passed HB 239 on May 20, 2026; its title includes restricting the release of certain records of convictions (House Journal), but we couldn't confirm on an official site whether or how it became law.","sources":[{"url":"https://courts.alaska.gov/trialcourts/cvinfo.htm","title":"CourtView Online Information (Cases Removed From CourtView Public Access Website, quoting AS 22.35.030)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rule 40, Index to Cases)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://public.courts.alaska.gov/web/forms/docs/tf-810.pdf","title":"TF-810 (5/25) Request to Exclude Case from Online Public Index (CourtView) under Administrative Rule 40(a) or AS 22.35.030","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/crpro.pdf","title":"Alaska Rules of Criminal Procedure (Rule 35.2, Discharge and Set-Aside of Conviction)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/statewide/background-checks/","title":"Background Checks (including FAQ on set-aside convictions, expungement and sealing)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://www.akleg.gov/pdf/34/J/H2026-05-20.PDF","title":"House Journal, May 20, 2026 (HB 239 concurrence vote and title)","publisher":"Alaska State Legislature","accessed":"2026-10-22"}]},"marijuana":{"detail":"Convictions for possessing less than 1 ounce of marijuana under AS 11.71.060 (or an earlier version or a similar municipal ordinance) are left off CourtView if the person was 21 or older and had no other conviction in the case (Administrative Rule 40(a)(15); form TF-810). The court file is still public (Administrative Rule 37.5(d)), and the conviction stays in the DPS criminal history, which DPS includes in reports to any person (DPS). In 2026 the Legislature passed HB 239, an omnibus crime bill whose title includes 'restricting the release of certain records of convictions' (House Journal, May 20, 2026). That is the title of HB 81, which in the version we could read (version B) would bar agencies from releasing records of these marijuana possession convictions once the person asks, starting January 1, 2027, and would repeal the request requirement on January 1, 2028. We could not confirm on an official site that HB 239 became law or what its final text and dates are, so this change is not listed as a remedy here. We found no other marijuana-specific clearing law.","sources":[{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rule 40, Index to Cases)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/trialcourts/cvinfo.htm","title":"CourtView Online Information (Cases Removed From CourtView Public Access Website, quoting AS 22.35.030)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://public.courts.alaska.gov/web/forms/docs/tf-810.pdf","title":"TF-810 (5/25) Request to Exclude Case from Online Public Index (CourtView) under Administrative Rule 40(a) or AS 22.35.030","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rules 37.5 and 37.6, access to court records)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/statewide/background-checks/","title":"Background Checks (including FAQ on set-aside convictions, expungement and sealing)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://www.akleg.gov/pdf/34/Bills/HB0081B.pdf","title":"HB 81, version B (34th Legislature): An Act restricting the release of certain records of convictions","publisher":"Alaska State Legislature","accessed":"2026-10-22"},{"url":"https://www.akleg.gov/pdf/34/J/H2026-05-20.PDF","title":"House Journal, May 20, 2026 (HB 239 concurrence vote and title)","publisher":"Alaska State Legislature","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Arrests and dismissed or acquitted charges can't be expunged in Alaska, and DPS keeps them in the state criminal history (DPS); the court system's self-help pages also say an arrest still shows on your record along with the acquittal (court self-help). They can be sealed only if they resulted from mistaken identity or a false accusation (AS 12.62.180). On the court side, CourtView stops showing a case 60 days after every charge ended in acquittal or dismissal, unless the dismissal was part of a plea agreement in another case (AS 22.35.030), and cases dismissed early for no probable cause, an identity error or no charging document are also left off (Administrative Rule 40(a)(3)-(8)). DPS reports released to 'any person' list only open charges and charges that resulted in conviction; reports to you and to 'interested persons' who screen people for positions with supervisory or disciplinary power over children or dependent adults list all charges and dispositions (DPS request forms; DPS).","sources":[{"url":"https://dps.alaska.gov/statewide/background-checks/","title":"Background Checks (including FAQ on set-aside convictions, expungement and sealing)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestforCJI_FromOtherThanRecordSubject.pdf","title":"Request for Criminal Justice Information from other than the record subject ('any person' and 'interested person' reports)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestforCJI_FromRecordSubject.pdf","title":"Request for Criminal Justice Information from the record subject (report types and fees)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestToSealCrimInfo.pdf","title":"Request to Seal Criminal Justice Information (Form: Seal Req 2-04), including AS 12.62.180 and 13 AAC 68.205","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/trialcourts/cvinfo.htm","title":"CourtView Online Information (Cases Removed From CourtView Public Access Website, quoting AS 22.35.030)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rule 40, Index to Cases)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/shc/criminal/trial.htm","title":"Self-Help: The Trial (acquittals and your record)","publisher":"Alaska Court System","accessed":"2026-10-22"}]},"dui":{"eligible":"no","detail":"A DUI conviction can't be set aside in Alaska: set-aside requires a suspended imposition of sentence, and the court system says the law prohibits an SIS for DUI (court self-help glossary). Alaska has no expungement law (DPS), and DUI convictions aren't among the cases Administrative Rule 40(a) removes from CourtView, so a DUI conviction stays on CourtView and in the state criminal history. A DUI charge that ended in acquittal or dismissal, other than a dismissal under a plea agreement in another case, comes off CourtView 60 days later (AS 22.35.030). We did not confirm whether courts use suspended entry of judgment for DUI charges.","sources":[{"url":"https://courts.alaska.gov/shc/criminal/glossary.htm","title":"Self-Help: Glossary of Criminal Cases Terms (Suspended Entry of Judgment; Suspended Imposition of Sentence)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/statewide/background-checks/","title":"Background Checks (including FAQ on set-aside convictions, expungement and sealing)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rule 40, Index to Cases)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/trialcourts/cvinfo.htm","title":"CourtView Online Information (Cases Removed From CourtView Public Access Website, quoting AS 22.35.030)","publisher":"Alaska Court System","accessed":"2026-10-22"}]},"employers":{"detail":"We found no Alaska law that lets you deny a set-aside conviction, and DPS keeps set-aside convictions as past conviction information, which it releases to any person who requests a background check (DPS; DPS request forms). Records sealed for mistaken identity or false accusation may be denied (AS 12.62.180(d)). Employers that hire people for positions with supervisory or disciplinary power over children or dependent adults ('interested persons') can also get nonconviction information (DPS). DPS says you must give written permission or your fingerprints before it releases your criminal justice information for employment or licensing purposes (DPS). We did not find an Alaska statute limiting when private employers may ask about criminal records.","sources":[{"url":"https://dps.alaska.gov/statewide/background-checks/","title":"Background Checks (including FAQ on set-aside convictions, expungement and sealing)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestforCJI_FromOtherThanRecordSubject.pdf","title":"Request for Criminal Justice Information from other than the record subject ('any person' and 'interested person' reports)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestToSealCrimInfo.pdf","title":"Request to Seal Criminal Justice Information (Form: Seal Req 2-04), including AS 12.62.180 and 13 AAC 68.205","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"}]},"free_help":[{"name":"Alaska Court System Self-Help Center","url":"https://courts.alaska.gov/shc/index.htm","type":"court_self_help","detail":"Statewide self-help pages on criminal cases, fees and fee waivers, and finding a lawyer."},{"name":"CourtView Online Information","url":"https://courts.alaska.gov/trialcourts/cvinfo.htm","type":"court_self_help","detail":"Explains which cases are removed from CourtView and how to report a case that should have been removed (form TF-810)."},{"name":"Alaska Department of Public Safety: Background Checks","url":"https://dps.alaska.gov/statewide/background-checks/","type":"state_agency","detail":"How to get your own Alaska criminal history ($20 name-based, $35 fingerprint-based) and the form to request sealing for mistaken identity or false accusation."},{"name":"Alaska Bar Association Lawyer Referral Service","url":"https://alaskabar.org/","type":"bar_referral","detail":"Gives the names of three lawyers; the first half hour costs $125 or less. Call (907) 272-0352, or (800) 770-9999 outside Anchorage (Alaska Court System)."}],"sources":[{"url":"https://courts.alaska.gov/rules/docs/crpro.pdf","title":"Alaska Rules of Criminal Procedure (Rule 35.2, Discharge and Set-Aside of Conviction)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rule 40, Index to Cases)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rules 37.5 and 37.6, access to court records)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/rules/docs/adm.pdf","title":"Alaska Rules of Administration (Rule 9, Fee Schedule)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/trialcourts/cvinfo.htm","title":"CourtView Online Information (Cases Removed From CourtView Public Access Website, quoting AS 22.35.030)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://public.courts.alaska.gov/web/forms/docs/tf-810.pdf","title":"TF-810 (5/25) Request to Exclude Case from Online Public Index (CourtView) under Administrative Rule 40(a) or AS 22.35.030","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://public.courts.alaska.gov/web/forms/docs/tf-800.pdf","title":"TF-800 (5/25) Request to Make Case Records Confidential or Sealed under Administrative Rule 37.6","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://public.courts.alaska.gov/web/forms/docs/tf-920.pdf","title":"TF-920 (9/25) Request and Order for Exemption from Payment of Fees","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/shc/criminal/glossary.htm","title":"Self-Help: Glossary of Criminal Cases Terms (Suspended Entry of Judgment; Suspended Imposition of Sentence)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/shc/criminal/sentencing.htm","title":"Self-Help: Sentencing (What is a Suspended Entry of Judgment (SEJ)?)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/shc/criminal/after-sentencing.htm","title":"Self-Help: After Sentencing (What is suspended imposition of sentence?)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/shc/criminal/trial.htm","title":"Self-Help: The Trial (acquittals and your record)","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/statewide/background-checks/","title":"Background Checks (including FAQ on set-aside convictions, expungement and sealing)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestforCJI_FromRecordSubject.pdf","title":"Request for Criminal Justice Information from the record subject (report types and fees)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestforCJI_FromOtherThanRecordSubject.pdf","title":"Request for Criminal Justice Information from other than the record subject ('any person' and 'interested person' reports)","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.alaska.gov/wp-content/uploads/2026/04/RequestToSealCrimInfo.pdf","title":"Request to Seal Criminal Justice Information (Form: Seal Req 2-04), including AS 12.62.180 and 13 AAC 68.205","publisher":"Alaska Department of Public Safety","accessed":"2026-10-22"},{"url":"https://www.akleg.gov/pdf/34/Bills/HB0081B.pdf","title":"HB 81, version B (34th Legislature): An Act restricting the release of certain records of convictions","publisher":"Alaska State Legislature","accessed":"2026-10-22"},{"url":"https://www.akleg.gov/pdf/34/J/H2026-05-20.PDF","title":"House Journal, May 20, 2026 (HB 239 concurrence vote and title)","publisher":"Alaska State Legislature","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/shc/lawyer.htm","title":"Finding a Lawyer","publisher":"Alaska Court System","accessed":"2026-10-22"},{"url":"https://courts.alaska.gov/shc/index.htm","title":"Self-Help: Represent Yourself","publisher":"Alaska Court System","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"arizona","code":"AZ","name":"Arizona","terms":["record sealing","set aside","certificate of second chance","marijuana expungement"],"summary":"Arizona has three main kinds of relief. Since late 2022 (A.R.S. 13-911), many people can ask a court to seal arrest, conviction and sentencing records after a waiting period that ranges from none to 10 years. A set-aside (A.R.S. 13-905) dismisses the case and lifts many penalties, but the conviction stays public. Some past marijuana offenses can be fully expunged under A.R.S. 36-2862. Arizona has no automatic record clearing; you have to file.","remedies":[{"id":"sealing","name":"Sealing of arrest, conviction and sentencing records (A.R.S. 13-911)","type":"sealing","effect":"The court seals all records of the arrest, conviction and sentence, and the Department of Public Safety (DPS), arresting and prosecuting agencies mark them sealed. You may then state that you were never arrested for, charged with or convicted of the crime, including on employment, housing, financial aid and loan applications. Exceptions include applications needing a fingerprint clearance card, jobs with law enforcement, prosecutors, courts, probation, child welfare or corrections, disclosures required by state or federal law, and some job-specific exceptions (for example, DUI records for driving jobs). Law enforcement, prosecutors, courts and some other agencies can still see sealed records, and they can still be used as a prior conviction in a later case. Sealing covers records held by criminal justice agencies; records already published elsewhere may still be found.","covers":"Most Arizona convictions after the waiting period, plus arrests and charges that were dismissed, ended in acquittal, or were never filed.","outcomes":["no_conviction","misdemeanor","felony"],"narrow":null,"eligible":["You were convicted and have completed every term of the sentence, including paying all fines, fees and restitution, and the waiting period has passed.","Your charge was dismissed or you were found not guilty at trial.","You were arrested and no charges were filed.","Arrests, convictions and sentences before, on or after December 31, 2022 can be sealed.","Other convictions: A.R.S. 13-911 doesn't make other convictions a bar (the court must grant a petition if sealing serves both the petitioner's interests and the public's safety, 13-911(D)), but the Arizona courts' self-help page lists \"You have not been convicted of any other offenses\" (except non-DUI traffic misdemeanors) as a condition. If you have other convictions, ask the court or a lawyer before filing."],"not_eligible":["A dangerous offense (A.R.S. 13-105).","A dangerous crime against children (A.R.S. 13-705).","A serious offense or violent or aggravated felony (A.R.S. 13-706).","Any offense with an element of using, discharging or threatening to exhibit a deadly weapon or dangerous instrument, or knowingly inflicting serious physical injury.","Sex trafficking (A.R.S. 13-1307).","A class 2, 3, 4 or 5 felony under Title 13, chapter 14 (sexual offenses) or chapter 35.1 (sexual exploitation of children).","You cannot file again for 3 years after a petition is denied.","If you were arrested but never charged and you have a pending or new charge that could lead to a conviction that can't be sealed (or extend your wait), the court must hold your petition until that charge is resolved (A.R.S. 13-911(N))."],"waiting_periods":[{"record":"Class 2 or 3 felony","wait":"10 years","detail":"Counted from when you completed the non-monetary terms of probation or sentence and were discharged by the court. All fines, fees and restitution must also be paid when you file."},{"record":"Class 4, 5 or 6 felony","wait":"5 years","detail":"Same starting point."},{"record":"Class 1 misdemeanor","wait":"3 years","detail":"Same starting point."},{"record":"Class 2 or 3 misdemeanor","wait":"2 years","detail":"Same starting point."},{"record":"Petty offense","wait":"Immediately","detail":"After completing the non-monetary sentence terms. The waiting period for petty offenses was set to zero by HB 2198 (Laws 2026, ch. 86), signed June 4, 2026, effective with the session's general effective date of September 12, 2026."},{"record":"Conviction vacated under A.R.S. 13-909 (sex trafficking victims)","wait":"Immediately","detail":null},{"record":"New felony after an earlier sealing","wait":"The normal waiting period for the new felony plus 5 more years","detail":"Applies to a person whose records were already sealed and who then commits a felony (A.R.S. 13-911(F)). The court self-help page describes this as adding 5 years for a prior felony; the statute ties it to a felony committed after sealing."},{"record":"Dismissed, acquitted, or never charged","wait":"No waiting period stated in the statute","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Read A.R.S. 13-911 and confirm the waiting period has passed and every fine, fee and restitution payment is made.","Gather case details: arrest date, arresting agency, case or citation number, booking information and discharge papers.","Fill out the mandatory statewide form, Petition to Seal Criminal Case Records (AOCCRSL1F). Use a separate petition for each case.","File in the court where you were convicted, or where the charges were filed and dismissed. If no charges were filed, file in the court of your initial appearance, or in superior court in the county of arrest if there was none.","The clerk sends the petition to the prosecutor, who may respond and ask for a hearing; victims have the right to be heard. The court asks DPS for a criminal history report.","Ask for a hearing before the court rules if you want one; you cannot ask afterward."],"where":"The Arizona court where you were convicted or charged (superior, justice or municipal court); see the court self-help page for arrests with no charges.","forms":[{"name":"Petition to Seal Criminal Case Records (AOCCRSL1F), Order (AOCCRSL2F) and Instructions (AOCCRSL1I)","url":"https://www.azcourts.gov/selfservicecenter/criminal-law/sealing-records"},{"name":"Maricopa County Superior Court packet: Petition to Seal Criminal Case Records (CRSR1)","url":"https://superiorcourt.maricopa.gov/media/hrzfw104/crsr1z.pdf"}],"cost":{"filing_fee_usd":null,"detail":"The statute does not set a court filing fee. Maricopa County Superior Court's packet says \"There is no filing fee\"; other courts did not state a fee on the pages we read, so check with the court. DPS may charge a fee for the background investigation and another to correct your criminal history after sealing.","fee_waiver":"yes","fee_waiver_detail":"Neither DPS fee applies if you are indigent: the background investigation fee (A.R.S. 13-911(H)) and the fee to correct your criminal history after sealing (13-911(I)(3)) both say \"unless the petitioner is indigent.\" They also don't apply if the case was dismissed, not prosecuted, or ended in a not-guilty verdict."},"hearing":"sometimes","timeline":"The court generally cannot grant or deny a petition until 60 calendar days after receiving it, unless the prosecutor and all victims who asked for notice say they don't object (A.R.S. 13-911(D)).","statute":{"cite":"A.R.S. 13-911","url":"https://www.azleg.gov/ars/13/00911.htm"},"sources":[{"url":"https://www.azleg.gov/ars/13/00911.htm","title":"A.R.S. 13-911 Sealing of arrest, conviction and sentencing records","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/selfservicecenter/criminal-law/sealing-records","title":"Sealing Criminal Case Records","publisher":"Arizona Judicial Branch Self-Service Center","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/selfservicecenter/Criminal-Law/Sealing-records/Completing-the-Petition","title":"Completing the Petition","publisher":"Arizona Judicial Branch Self-Service Center","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/Portals/0/22/admindir/pdfs/2023/2023-03.pdf","title":"Administrative Directive No. 2023-03 (sealing forms)","publisher":"Arizona Supreme Court, Administrative Office of the Courts","accessed":"2026-10-21"},{"url":"https://superiorcourt.maricopa.gov/media/hrzfw104/crsr1z.pdf","title":"Petition to Seal Criminal Case Records packet","publisher":"Superior Court of Arizona in Maricopa County, Law Library Resource Center","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/legtext/57leg/2R/laws/0086.htm","title":"Laws 2026, Chapter 86 (HB 2198): criminal records sealed; petty offense","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/legtext/57leg/2R/summary/H.HB2198_020526_SIGNED.DOCX.htm","title":"HB 2198 summary (signed)","publisher":"Arizona House of Representatives","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/","title":"Arizona Legislature home page (2026 general effective date: September 12, 2026)","publisher":"Arizona State Legislature","accessed":"2026-10-21"}]},{"id":"set-aside","name":"Setting aside a conviction (A.R.S. 13-905)","type":"set_aside","effect":"The court sets aside the judgment of guilt, dismisses the complaint, information or indictment, and releases you from the penalties and disabilities of the conviction, with exceptions: some Department of Transportation and Game and Fish penalties stay in place, and the conviction can still be used as a prior conviction, as an element of a later offense, and for fingerprint clearance card decisions. DPS notes the set-aside on your record but does not remove it, and the conviction stays a public record (it is not sealed). A set-aside restores the right to possess firearms unless the conviction was a \"serious offense\" under A.R.S. 13-706.","covers":"Most Arizona convictions once you have finished probation or your sentence and been discharged by the court.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["You completed the conditions of probation or your sentence and were discharged by the court.","You, your lawyer or your probation officer may apply."],"not_eligible":["A dangerous offense.","An offense for which you were required or ordered to register as a sex offender (A.R.S. 13-3821).","An offense with a finding of sexual motivation (A.R.S. 13-118).","A felony in which the victim was a minor under 15."],"waiting_periods":[{"record":"Any eligible conviction","wait":"None after you complete the sentence and are discharged","detail":"The judge considers, among other things, how long it has been since the sentence was completed."},{"record":"Certificate of second chance with the set-aside: misdemeanor","wait":"No extra wait","detail":null},{"record":"Certificate of second chance: class 4, 5 or 6 felony","wait":"2 years after the sentence was fulfilled","detail":"If you already received a certificate for a set-aside felony, you can't get another."},{"record":"Certificate of second chance: class 2 or 3 felony","wait":"5 years after the sentence was fulfilled","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Get the set-aside application from the court where you were convicted (Maricopa County Superior Court publishes form CRSA12f; justice and city courts have their own).","Attach your probation discharge or Department of Corrections certificate of absolute discharge if you have one.","File one application per case. The prosecutor and victims are notified and have 30 days to object; the court may hold a hearing.","If granted, the order includes a certificate of second chance when you qualify; if denied, the court must give its reasons."],"where":"The court that sentenced you.","forms":[{"name":"Application to Set Aside Conviction (CRSA12f), Maricopa County Superior Court","url":"https://superiorcourt.maricopa.gov/media/52hacsew/crsa12fz.pdf"},{"name":"Instructions (CRSA12i), Maricopa County Superior Court","url":"https://superiorcourt.maricopa.gov/media/lqdhbgoo/crsa12iz.pdf"}],"cost":{"filing_fee_usd":0,"detail":"A.R.S. 13-905 says the clerk may not charge a filing fee for a set-aside application.","fee_waiver":"not_stated","fee_waiver_detail":"Not needed for the filing itself, since there is no filing fee."},"hearing":"sometimes","timeline":"Objections are due within 30 days of filing. Maricopa County Superior Court says to contact Criminal Administration if you have no order after 120 days.","statute":{"cite":"A.R.S. 13-905","url":"https://www.azleg.gov/ars/13/00905.htm"},"sources":[{"url":"https://www.azleg.gov/ars/13/00905.htm","title":"A.R.S. 13-905 Setting aside judgment of convicted person","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://superiorcourt.maricopa.gov/llrc/crim_crsa/","title":"Set Aside a Conviction forms","publisher":"Superior Court of Arizona in Maricopa County, Law Library Resource Center","accessed":"2026-10-21"},{"url":"https://superiorcourt.maricopa.gov/media/lqdhbgoo/crsa12iz.pdf","title":"How to fill out and file the Application to Set Aside Conviction (CRSA12i)","publisher":"Superior Court of Arizona in Maricopa County","accessed":"2026-10-21"}]},{"id":"marijuana-expungement","name":"Marijuana expungement (A.R.S. 36-2862)","type":"expungement","effect":"The conviction or adjudication is vacated, and all records of the arrest, charge, conviction and sentence are expunged and sealed (available only to you or your lawyer). Civil rights, including firearm rights, are restored unless you are ineligible on other grounds, the records can't be used in a later prosecution, and you may generally say you were never arrested, charged or convicted for the offense.","covers":"Past arrests, charges and convictions for possessing small amounts of marijuana, up to six plants at home, and related paraphernalia.","outcomes":["no_conviction","misdemeanor","felony"],"narrow":"Marijuana offenses only","eligible":["Possessing, consuming or transporting 2.5 ounces or less of marijuana, of which no more than 12.5 grams was concentrate.","Possessing, transporting, cultivating or processing no more than six plants at your primary residence for personal use.","Possessing, using or transporting marijuana paraphernalia.","Conduct that happened before November 30, 2020, when the law took effect; petitions could be filed beginning July 12, 2021."],"not_eligible":["Offenses outside these amounts or types (for example, sale). DUI is not covered: the court system's examples say a marijuana charge can be expunged but a DUI in the same case cannot."],"waiting_periods":[{"record":"Eligible marijuana offense","wait":"None","detail":null}],"automatic":"no","automatic_detail":"You (or a prosecuting agency or the Attorney General) must petition; it is not automatic.","how_to_file":["File a petition to expunge with the court.","The prosecuting agency gets 30 days to respond.","The court must grant the petition unless the prosecutor shows by clear and convincing evidence that you are not eligible; it may hold a hearing if asked or if facts are disputed.","A denial can be appealed."],"where":"The court that resolved your case; if your arrest never went to court, the superior court in the county of arrest.","forms":[{"name":"Instructions for Seeking Expungement (AOCCREM1I) and petitions for municipal/justice court (AOCCREM2F), superior court (AOCCREM3F) and juvenile court (AOCCREM4F)","url":"https://www.azcourts.gov/prop207"}],"cost":{"filing_fee_usd":null,"detail":"Neither A.R.S. 36-2862 nor the court's petition instructions list a court filing fee, so check with the court. DPS may charge a reasonable fee to research and correct your criminal history after a successful petition.","fee_waiver":"yes","fee_waiver_detail":"The DPS fee does not apply if you are indigent."},"hearing":"sometimes","timeline":null,"statute":{"cite":"A.R.S. 36-2862","url":"https://www.azleg.gov/ars/36/02862.htm"},"sources":[{"url":"https://www.azleg.gov/ars/36/02862.htm","title":"A.R.S. 36-2862 Expungement","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/Portals/0/34/images/SealingExpungingInfo.pdf","title":"Expunging v. Sealing Case Records","publisher":"Arizona Judicial Branch","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/prop207","title":"Marijuana Expungement (Prop 207) forms","publisher":"Arizona Judicial Branch","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/Portals/0/0/Prop%20207/AOCCREM1I-071221.pdf","title":"Instructions for Seeking Expungement (AOCCREM1I)","publisher":"Arizona Judicial Branch","accessed":"2026-10-21"}]}],"clean_slate":{"status":"none","effective":null,"detail":"Arizona does not clear or seal records automatically. Sealing, set-aside and marijuana expungement all require a petition or application.","sources":[{"url":"https://www.azleg.gov/ars/13/00911.htm","title":"A.R.S. 13-911","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/ars/36/02862.htm","title":"A.R.S. 36-2862","publisher":"Arizona State Legislature","accessed":"2026-10-21"}]},"marijuana":{"detail":"Under A.R.S. 36-2862 (from the 2020 voter-approved legalization), people can petition to expunge past records for possessing 2.5 ounces or less (no more than 12.5 grams concentrate), up to six plants at home, and paraphernalia, for conduct before November 30, 2020. Petitions have been available since July 12, 2021 on the courts' statewide forms; the statute sets no filing fee (check with the court), and the court must grant unless the prosecutor proves ineligibility by clear and convincing evidence. Granted cases are vacated and the records are expunged and sealed.","sources":[{"url":"https://www.azleg.gov/ars/36/02862.htm","title":"A.R.S. 36-2862 Expungement","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/prop207","title":"Marijuana Expungement (Prop 207) forms","publisher":"Arizona Judicial Branch","accessed":"2026-10-21"}]},"non_conviction":{"detail":"If your charge was dismissed, you were found not guilty, or you were arrested and never charged, you can petition to seal those records under A.R.S. 13-911(A)(2)-(3). The statute sets no waiting period for these, and the DPS investigation fee does not apply. File where the charges were filed; if no charges were filed, in the court of your initial appearance, or in superior court in the county of arrest if there was none.","sources":[{"url":"https://www.azleg.gov/ars/13/00911.htm","title":"A.R.S. 13-911","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/selfservicecenter/Criminal-Law/Sealing-records/Completing-the-Petition","title":"Completing the Petition","publisher":"Arizona Judicial Branch Self-Service Center","accessed":"2026-10-21"}]},"dui":{"eligible":"yes","detail":"DUI convictions are not on the sealing exclusion list in A.R.S. 13-911(O), and the Arizona Judicial Branch's examples say DUI records can be sealed. The normal wait for the offense's class applies (for example, 3 years for a class 1 misdemeanor or 5 years for a class 4, 5 or 6 felony), counted from discharge, with all fines paid. Even after sealing, you must disclose a sealed DUI (A.R.S. 28-1381, 28-1382 or 28-1383) when applying for a job that involves commercial or private operation of a motor vehicle, boat or airplane, and a sealed conviction can still be used as a prior. A DUI can also be set aside under 13-905, but Department of Transportation license penalties stay in place and the set-aside conviction can still count as a prior. Marijuana expungement under 36-2862 does not cover DUI.","sources":[{"url":"https://www.azleg.gov/ars/13/00911.htm","title":"A.R.S. 13-911","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/ars/13/00905.htm","title":"A.R.S. 13-905","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/Portals/0/34/images/SealingExpungingInfo.pdf","title":"Expunging v. Sealing Case Records","publisher":"Arizona Judicial Branch","accessed":"2026-10-21"}]},"employers":{"detail":"After sealing, you may say on most job applications that you were never arrested, charged or convicted, with exceptions for fingerprint clearance card jobs, law enforcement and court jobs, disclosures required by law, and certain offense-specific jobs (A.R.S. 13-911(I)(5)); an employer is not liable for hiring someone with a sealed record (13-911(I)(6), cross-referencing 12-558.03). A.R.S. 12-558.03 generally shields employers from negligent-hiring liability based only on an employee's prior conviction, with exceptions. A certificate of second chance issued with a set-aside gives employers and housing providers those evidence-limiting protections and removes barriers to occupational licenses for people otherwise qualified (13-905). We did not confirm a statewide ban-the-box law that covers private employers.","sources":[{"url":"https://www.azleg.gov/ars/13/00911.htm","title":"A.R.S. 13-911","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/ars/12/00558-03.htm","title":"A.R.S. 12-558.03 Employer liability; employee criminal record","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/ars/13/00905.htm","title":"A.R.S. 13-905","publisher":"Arizona State Legislature","accessed":"2026-10-21"}]},"free_help":[{"name":"Arizona Judicial Branch Self-Service Center: Sealing Criminal Case Records","url":"https://www.azcourts.gov/selfservicecenter/criminal-law/sealing-records","type":"court_self_help","detail":"Statewide mandatory sealing forms, instructions, and step-by-step pages on filing, hearings and what happens after."},{"name":"Maricopa County Superior Court Law Library Resource Center: Set Aside","url":"https://superiorcourt.maricopa.gov/llrc/crim_crsa/","type":"court_self_help","detail":"Set-aside application packets in English and Spanish for Maricopa County Superior Court cases."}],"sources":[{"url":"https://www.azleg.gov/ars/13/00911.htm","title":"A.R.S. 13-911","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/ars/13/00905.htm","title":"A.R.S. 13-905","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/ars/36/02862.htm","title":"A.R.S. 36-2862","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/ars/12/00558-03.htm","title":"A.R.S. 12-558.03","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/legtext/57leg/2R/laws/0086.htm","title":"Laws 2026, Chapter 86 (HB 2198)","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/legtext/57leg/2R/summary/H.HB2198_020526_SIGNED.DOCX.htm","title":"HB 2198 summary (signed)","publisher":"Arizona House of Representatives","accessed":"2026-10-21"},{"url":"https://www.azleg.gov/","title":"Arizona Legislature home page","publisher":"Arizona State Legislature","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/selfservicecenter/criminal-law/sealing-records","title":"Sealing Criminal Case Records","publisher":"Arizona Judicial Branch","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/selfservicecenter/Criminal-Law/Sealing-records/Completing-the-Petition","title":"Completing the Petition","publisher":"Arizona Judicial Branch","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/Portals/0/22/admindir/pdfs/2023/2023-03.pdf","title":"Administrative Directive No. 2023-03","publisher":"Arizona Supreme Court","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/Portals/0/34/images/SealingExpungingInfo.pdf","title":"Expunging v. Sealing Case Records","publisher":"Arizona Judicial Branch","accessed":"2026-10-21"},{"url":"https://superiorcourt.maricopa.gov/media/hrzfw104/crsr1z.pdf","title":"Petition to Seal Criminal Case Records packet","publisher":"Maricopa County Superior Court","accessed":"2026-10-21"},{"url":"https://superiorcourt.maricopa.gov/llrc/crim_crsa/","title":"Set Aside a Conviction forms","publisher":"Maricopa County Superior Court","accessed":"2026-10-21"},{"url":"https://superiorcourt.maricopa.gov/media/lqdhbgoo/crsa12iz.pdf","title":"Set-aside instructions (CRSA12i)","publisher":"Maricopa County Superior Court","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/prop207","title":"Marijuana Expungement (Prop 207) forms","publisher":"Arizona Judicial Branch","accessed":"2026-10-21"},{"url":"https://www.azcourts.gov/Portals/0/0/Prop%20207/AOCCREM1I-071221.pdf","title":"Instructions for Seeking Expungement (AOCCREM1I)","publisher":"Arizona Judicial Branch","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"arkansas","code":"AR","name":"Arkansas","terms":["sealing","uniform petition to seal","Act 346 (first offender)"],"summary":"Arkansas clears records by sealing, which keeps them confidential and treats the conduct as if it never happened, though courts, prosecutors, health care licensing boards and some law enforcement employers can still see them. You file a free uniform petition in the court that handled the case. Most misdemeanors can be sealed as soon as the sentence is complete, nonviolent Class C and D felonies too, and other violent Class C and D felonies after 5 years, but Class Y, A and B felonies (except some drug felonies), manslaughter, felony sex offenses and listed violent felonies cannot be sealed. Arkansas has no Clean Slate law; only pardoned convictions are sealed without a petition.","remedies":[{"id":"misdemeanor-sealing","name":"Sealing a misdemeanor or violation conviction","type":"sealing","effect":"To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).","covers":"Misdemeanor and violation convictions, usually as soon as the sentence is complete.","outcomes":["misdemeanor"],"narrow":null,"eligible":["You have completed the sentence, including paying restitution and court costs, paid any driver's license reinstatement fee and met any other reinstatement requirements tied to the case (Ark. Code § 16-90-1405(a)).","There is no limit on the number of misdemeanors or violations you can petition to seal (§ 16-90-1405(b)).","Offenses from before January 1, 2014 qualify too (§ 16-90-1405(c)).","The court must seal the conviction unless it is shown clear and convincing evidence that it should not (§ 16-90-1415(a))."],"not_eligible":["Traffic offenses (other than parking, vehicle weight or vehicle defect violations) committed in any motor vehicle while you held a commercial driver license or commercial learner's permit (§ 16-90-1405(b)).","A new petition for the same offense while an appeal of an earlier denial is pending (§ 16-90-1405(b))."],"waiting_periods":[{"record":"Most misdemeanors and violations","wait":"None after the sentence is complete","detail":"§ 16-90-1405(a)"},{"record":"Class A misdemeanor negligent homicide, third degree battery, indecent exposure, public sexual indecency, fourth degree sexual assault, third degree domestic battering","wait":"5 years after the sentence is complete","detail":"§ 16-90-1405(b)"},{"record":"Misdemeanor DWI or BWI","wait":"Until the lookback periods in § 5-65-111 have passed","detail":"Those count prior DWIs within 10 years of the first offense (§§ 16-90-1405(b), 5-65-111). See the DUI section."},{"record":"After a denial","wait":"90 days (1 year for the 5-year offenses and DWI/BWI)","detail":"§ 16-90-1405(b)"}],"automatic":"no","automatic_detail":null,"how_to_file":["Make sure your sentence is complete: jail or prison time served; probation, parole or post-release supervision discharged; any suspended sentence finished; fines and court costs paid (unless the sentencing court excused them); any court-ordered restitution paid; any court-ordered community service and any training program required by your probation or parole completed; and any driver's license reinstatement fees and requirements met (Ark. Code §§ 16-90-1404(1), 16-90-1405(a)).","Choose the right uniform petition and order from the Arkansas Crime Information Center's forms page. ACIC cannot tell you which form to use; it suggests a lawyer or Legal Aid of Arkansas at 1-800-952-9243 (ACIC).","Fill out the petition and the proposed order. The felony petition must be notarized and include a certificate of service (ACIC felony petition form).","File it with the clerk of the circuit or district court in the county where the offense was committed and you were convicted. The clerk may not charge a filing fee (§§ 16-90-1413(a), 16-90-1419).","Within 3 days of filing, serve a copy on the county's prosecuting attorney (and on the arresting agency if you named it as a party) (§ 16-90-1413).","The prosecutor has 30 days from receiving the petition (or from its filing, if later) to file a notice of opposition. If no opposition is filed, the court may grant the petition. If the prosecutor objects and the record is eligible, the court must set a hearing unless the prosecutor agrees to let the court decide on the papers. The court can rule any time after the 30 days (§ 16-90-1413(b)(2), (c)).","If the petition is granted, the clerk sends certified copies of the order to the prosecutor, the arresting agency and ACIC (§ 16-90-1413). You may also mail, fax or hand-deliver a copy to ACIC, which has 30 days to process it (ACIC)."],"where":"The circuit or district court in the county where the offense was committed and where you were convicted (Ark. Code § 16-90-1413(a)).","forms":[{"name":"Uniform Petition to Seal Misdemeanors (ACIC)","url":"https://media.ark.org/dps/3-Misdemeanor-Petition-8_01_2023.pdf"},{"name":"Uniform Order to Seal Misdemeanors (ACIC)","url":"https://media.ark.org/dps/4-Misdemeanor-Order-8_01_2019.pdf"},{"name":"Petition to Seal Misdemeanor DWI/BWI (ACIC)","url":"https://media.ark.org/dps/Petition-to-Seal-DWI-BWI-Form-July2021.pdf"},{"name":"Order to Seal Misdemeanor DWI/BWI (ACIC)","url":"https://media.ark.org/dps/Order-to-Seal-DWI-BWI-Form-July2021.pdf"}],"cost":{"filing_fee_usd":0,"detail":"The circuit or district court clerk may not collect a fee for filing a uniform petition to seal (Ark. Code § 16-90-1419). To be eligible you generally must already have paid the fines and court costs (unless the sentencing court excused them) and any court-ordered restitution (§ 16-90-1404(1)). Notary and certified-copy costs, if any, are not covered by the statute.","fee_waiver":"not_stated","fee_waiver_detail":"No waiver is needed for the filing itself because there is no filing fee (§ 16-90-1419)."},"hearing":"sometimes","timeline":"The prosecutor has 30 days to object (§ 16-90-1413(b)(2)). ACIC says it has 30 days to process an order after receiving it.","statute":{"cite":"Ark. Code § 16-90-1405","url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1405/"},"sources":[{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1405/","title":"Ark. Code § 16-90-1405, Eligibility to file a uniform petition to seal a misdemeanor offense or violation (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1404/","title":"Ark. Code § 16-90-1404, Definitions (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1413/","title":"Ark. Code § 16-90-1413, Procedure for sealing of records (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1415/","title":"Ark. Code § 16-90-1415, Burden of proof; standard of review (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1417/","title":"Ark. Code § 16-90-1417, Effect of sealing (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1419/","title":"Ark. Code § 16-90-1419, Filing fee (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-65/subchapter-1/section-5-65-111/","title":"Ark. Code § 5-65-111, driving while intoxicated penalties and lookback periods (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/","title":"Criminal History forms: petitions and orders to seal","publisher":"Arkansas Crime Information Center, Arkansas Department of Public Safety","accessed":"2026-10-22"}]},{"id":"felony-sealing","name":"Sealing a felony conviction","type":"sealing","effect":"To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).","covers":"Nonviolent Class C and D felonies, most unclassified felonies, some Class A and B drug felonies and other listed felonies, for people with no more than one earlier felony.","outcomes":["felony"],"narrow":null,"eligible":["Once your sentence is complete: a nonviolent Class C or Class D felony; an unclassified felony (felony DWI or BWI waits for the § 5-65-111 lookback period); a Class A or Class B felony under the Uniform Controlled Substances Act; solicitation, attempt or conspiracy to commit any of those; or a felony not involving violence committed before age 18 (Ark. Code § 16-90-1406(a)).","A violent Class C or Class D felony that is not barred by § 16-90-1408 can be sealed 5 years after you complete the sentence (§ 16-90-1406(b)).","You can have no more than one earlier felony conviction. Felonies from the same criminal episode count as one, and a prior conviction that was already sealed still counts (§ 16-90-1406(c)).","You must have no pending felony charges, or list them on the petition (ACIC felony petition form).","The judge may grant the petition if it finds by clear and convincing evidence that sealing furthers the interests of justice, looking at whether you seem likely to reoffend, your other record, pending charges or investigations, victim input and any other information the state offers (§ 16-90-1415(b))."],"not_eligible":["Class Y, Class A or Class B felonies, except the drug felonies allowed by § 16-90-1406 (§ 16-90-1408(a)(1)).","Manslaughter (§ 16-90-1408(a)(2)).","Unclassified felonies with a maximum prison term of more than 10 years (§ 16-90-1408(a)(3)).","Felony sex offenses (§ 16-90-1408(a)(4)).","Felonies involving violence listed in § 5-4-501(d)(2) (§ 16-90-1408(a)(5)).","Felony traffic offenses committed in any motor vehicle while you held a commercial driver license or commercial learner's permit (§ 16-90-1408(b)).","People with two or more earlier felony convictions (§ 16-90-1406(c))."],"waiting_periods":[{"record":"Nonviolent Class C or D felony, unclassified felony, Class A or B drug felony, or nonviolent felony committed before 18","wait":"None after the sentence is complete","detail":"§ 16-90-1406(a)"},{"record":"Violent Class C or D felony not barred by § 16-90-1408","wait":"5 years after the sentence is complete","detail":"§ 16-90-1406(b)"},{"record":"Felony DWI or BWI","wait":"Until the lookback periods in § 5-65-111 have passed","detail":"§ 16-90-1406(a)(2)(B)"},{"record":"After a denial","wait":"1 year","detail":"ACIC felony petition form; § 16-90-1413(a)(2)"}],"automatic":"no","automatic_detail":null,"how_to_file":["Make sure your sentence is complete: jail or prison time served; probation, parole or post-release supervision discharged; any suspended sentence finished; fines and court costs paid (unless the sentencing court excused them); any court-ordered restitution paid; any court-ordered community service and any training program required by your probation or parole completed; and any driver's license reinstatement fees and requirements met (Ark. Code §§ 16-90-1404(1), 16-90-1405(a)).","Choose the right uniform petition and order from the Arkansas Crime Information Center's forms page. ACIC cannot tell you which form to use; it suggests a lawyer or Legal Aid of Arkansas at 1-800-952-9243 (ACIC).","Fill out the petition and the proposed order. The felony petition must be notarized and include a certificate of service (ACIC felony petition form).","File it with the clerk of the circuit or district court in the county where the offense was committed and you were convicted. The clerk may not charge a filing fee (§§ 16-90-1413(a), 16-90-1419).","Within 3 days of filing, serve a copy on the county's prosecuting attorney (and on the arresting agency if you named it as a party) (§ 16-90-1413).","The prosecutor has 30 days from receiving the petition (or from its filing, if later) to file a notice of opposition. If the prosecutor objects, the court may set a hearing, and if it does, it can grant the petition only after the hearing. The court can rule any time after the 30 days (§ 16-90-1413(b)(3), (c)).","If the petition is granted, the clerk sends certified copies of the order to the prosecutor, the arresting agency and ACIC (§ 16-90-1413). You may also mail, fax or hand-deliver a copy to ACIC, which has 30 days to process it (ACIC)."],"where":"The circuit or district court in the county where the offense was committed and where you were convicted (Ark. Code § 16-90-1413(a)).","forms":[{"name":"Uniform Petition to Seal Felony (ACIC)","url":"https://media.ark.org/dps/Felony-Petition-Form-f.pdf"},{"name":"Uniform Order to Seal Felony (ACIC)","url":"https://media.ark.org/dps/Felony-Order-Form-f.pdf"}],"cost":{"filing_fee_usd":0,"detail":"The circuit or district court clerk may not collect a fee for filing a uniform petition to seal (Ark. Code § 16-90-1419). To be eligible you generally must already have paid the fines and court costs (unless the sentencing court excused them) and any court-ordered restitution (§ 16-90-1404(1)). Notary and certified-copy costs, if any, are not covered by the statute.","fee_waiver":"not_stated","fee_waiver_detail":"No waiver is needed for the filing itself because there is no filing fee (§ 16-90-1419)."},"hearing":"sometimes","timeline":"The prosecutor has 30 days to object; if the prosecutor objects and the court sets a hearing, the petition can be granted only after that hearing (§ 16-90-1413). ACIC says it has 30 days to process an order after receiving it.","statute":{"cite":"Ark. Code §§ 16-90-1406, 16-90-1408","url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1406/"},"sources":[{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1406/","title":"Ark. Code § 16-90-1406, Felony convictions eligible for sealing (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1408/","title":"Ark. Code § 16-90-1408, Felony convictions ineligible for sealing (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1404/","title":"Ark. Code § 16-90-1404, Definitions (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1413/","title":"Ark. Code § 16-90-1413, Procedure for sealing of records (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1415/","title":"Ark. Code § 16-90-1415, Burden of proof; standard of review (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1417/","title":"Ark. Code § 16-90-1417, Effect of sealing (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1419/","title":"Ark. Code § 16-90-1419, Filing fee (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://dps.arkansas.gov/wp-content/uploads/Felony-Petition-Form-f.pdf","title":"Uniform Petition to Seal Felony (revised 07/21/2021 and 08/16/2021)","publisher":"Arkansas Crime Information Center","accessed":"2026-10-22"},{"url":"https://dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/","title":"Criminal History forms: petitions and orders to seal","publisher":"Arkansas Crime Information Center, Arkansas Department of Public Safety","accessed":"2026-10-22"}]},{"id":"drug-possession-treatment-sealing","name":"Sealing a felony drug possession conviction after court-ordered treatment","type":"sealing","effect":"To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).","covers":"Felony possession of a controlled or counterfeit substance where the court ordered drug treatment as a condition of probation and you completed it.","outcomes":["felony"],"narrow":"Felony drug possession after court-ordered treatment","eligible":["A felony conviction for possession of a controlled substance (§ 5-64-419) or a counterfeit substance (§ 5-64-441) (Ark. Code § 16-90-1407).","Before sentencing, an intake officer (where the court appoints one) found you had a drug addiction and recommended residential treatment, and the court placed you on probation requiring you to complete a court-approved treatment program and stay drug-free (§ 16-90-1407).","You successfully completed the probation (§ 16-90-1407).","The court may grant the petition if it finds that sealing serves both your interests and the state's (§ 16-90-1415(c))."],"not_eligible":["Drug offenses other than possession, and possession cases without the court-ordered treatment probation described above; those may still fit the general felony route (§§ 16-90-1406, 16-90-1407)."],"waiting_periods":[{"record":"Felony drug possession with completed treatment probation","wait":"None after the sentence is complete","detail":"§ 16-90-1407"}],"automatic":"no","automatic_detail":null,"how_to_file":["Make sure your sentence is complete: jail or prison time served; probation, parole or post-release supervision discharged; any suspended sentence finished; fines and court costs paid (unless the sentencing court excused them); any court-ordered restitution paid; any court-ordered community service and any training program required by your probation or parole completed; and any driver's license reinstatement fees and requirements met (Ark. Code §§ 16-90-1404(1), 16-90-1405(a)).","Choose the right uniform petition and order from the Arkansas Crime Information Center's forms page. ACIC cannot tell you which form to use; it suggests a lawyer or Legal Aid of Arkansas at 1-800-952-9243 (ACIC).","Fill out the petition and the proposed order. The felony petition must be notarized and include a certificate of service (ACIC felony petition form).","File it with the clerk of the circuit or district court in the county where the offense was committed and you were convicted. The clerk may not charge a filing fee (§§ 16-90-1413(a), 16-90-1419).","Within 3 days of filing, serve a copy on the county's prosecuting attorney (and on the arresting agency if you named it as a party) (§ 16-90-1413).","The prosecutor has 30 days from receiving the petition (or from its filing, if later) to file a notice of opposition. If the prosecutor objects, the court may set a hearing, and if it does, it can grant the petition only after the hearing. The court can rule any time after the 30 days (§ 16-90-1413(b)(3), (c)).","If the petition is granted, the clerk sends certified copies of the order to the prosecutor, the arresting agency and ACIC (§ 16-90-1413). You may also mail, fax or hand-deliver a copy to ACIC, which has 30 days to process it (ACIC)."],"where":"The circuit or district court in the county where the offense was committed and where you were convicted (Ark. Code § 16-90-1413(a)).","forms":[{"name":"Petition to Seal Conviction for Possession of a Controlled or Counterfeit Substance (ACIC)","url":"https://media.ark.org/dps/5_ControlledSubstancePetitionDraftF.pdf"},{"name":"Order to Seal Conviction for Possession of a Controlled or Counterfeit Substance (ACIC)","url":"https://media.ark.org/dps/6_ControlledSubstanceOrderDraftF.pdf"}],"cost":{"filing_fee_usd":0,"detail":"The circuit or district court clerk may not collect a fee for filing a uniform petition to seal (Ark. Code § 16-90-1419). To be eligible you generally must already have paid the fines and court costs (unless the sentencing court excused them) and any court-ordered restitution (§ 16-90-1404(1)). Notary and certified-copy costs, if any, are not covered by the statute.","fee_waiver":"not_stated","fee_waiver_detail":"No waiver is needed for the filing itself because there is no filing fee (§ 16-90-1419)."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Ark. Code § 16-90-1407","url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1407/"},"sources":[{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1407/","title":"Ark. Code § 16-90-1407, Special procedures for sealing a felony controlled substance possession conviction (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1415/","title":"Ark. Code § 16-90-1415, Burden of proof; standard of review (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1419/","title":"Ark. Code § 16-90-1419, Filing fee (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/","title":"Criminal History forms: petitions and orders to seal","publisher":"Arkansas Crime Information Center, Arkansas Department of Public Safety","accessed":"2026-10-22"}]},{"id":"non-conviction-sealing","name":"Sealing arrests, dismissals, nolle prosequi and acquittals","type":"sealing","effect":"To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).","covers":"Arrests with no charges filed within a year, and cases that ended in a nolle prosequi, dismissal, acquittal or a decision not to file charges.","outcomes":["no_conviction"],"narrow":null,"eligible":["An arrest where the prosecutor has not filed charges within one year of the arrest (Ark. Code § 16-90-1409).","A case that ended in a nolle prosequi, a dismissal, an acquittal, or a prosecutor's decision not to file charges, for any reason (§ 16-90-1410(a)).","The court must grant the petition unless the state shows by a preponderance of the evidence that sealing would put the public at risk or would not further the interests of justice (§ 16-90-1415(d))."],"not_eligible":["An acquittal by reason of mental disease or defect (§ 16-90-1410)."],"waiting_periods":[{"record":"Arrest, no charges filed","wait":"1 year from the arrest","detail":"§ 16-90-1409"},{"record":"Nolle prosequi","wait":"1 year after the nolle prosequi is entered","detail":"§ 16-90-1410"},{"record":"Dismissal, acquittal or decision not to file charges","wait":"None","detail":"§ 16-90-1410"}],"automatic":"no","automatic_detail":null,"how_to_file":["Use the ACIC Petition to Seal Arrest (no charges filed) or the Petition to Seal Nolle Prosequi, Dismissal, Acquittal or Charges Not Filed, with the matching order (ACIC).","File an arrest petition in a district or circuit court in the county where you were arrested (Ark. Code § 16-90-1409). File a nolle prosequi or dismissal petition in the court that entered the order (§ 16-90-1410). There is no filing fee (§ 16-90-1419).","Serve the county prosecuting attorney within 3 days; the prosecutor has 30 days to object (§ 16-90-1413).","If the order is granted, the clerk sends it to the prosecutor, the arresting agency and ACIC (§ 16-90-1413)."],"where":"For an arrest with no charges, a district or circuit court in the county of arrest (§ 16-90-1409). For a nolle prosequi or dismissal, the court that entered the order (§ 16-90-1410(b)). The statute does not name the court for an acquittal or a decision not to file charges; ask the clerk of the court that handled the case.","forms":[{"name":"Petition to Seal Arrest (ACIC)","url":"https://media.ark.org/dps/9_ArrestPetitionDraftF.pdf"},{"name":"Order to Seal Arrest (ACIC)","url":"https://media.ark.org/dps/10_ArrestOrderDraftF.pdf"},{"name":"Petition to Seal Nolle Prosequi, Dismissal, Acquittal or Charges Not Filed (ACIC)","url":"https://media.ark.org/dps/7_Nolle_Prosequi_Dismissed_Acquittal_Petition_2020_F.pdf"},{"name":"Order to Seal Nolle Prosequi, Dismissal, Acquittal or Charges Not Filed (ACIC)","url":"https://media.ark.org/dps/8_Nolle_Prosequi_Dismissed_Acquittal_Order_2023_F.pdf"}],"cost":{"filing_fee_usd":0,"detail":"The circuit or district court clerk may not collect a fee for filing a uniform petition to seal (Ark. Code § 16-90-1419). Notary and certified-copy costs, if any, are not covered by the statute.","fee_waiver":"not_stated","fee_waiver_detail":"No waiver is needed for the filing itself because there is no filing fee (§ 16-90-1419)."},"hearing":"sometimes","timeline":"The prosecutor has 30 days to object (§ 16-90-1413).","statute":{"cite":"Ark. Code §§ 16-90-1409, 16-90-1410","url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1410/"},"sources":[{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1409/","title":"Ark. Code § 16-90-1409, Sealing records of arrests (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1410/","title":"Ark. Code § 16-90-1410, Sealing records of nolle prosequi, dismissed cases, or acquittals (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1413/","title":"Ark. Code § 16-90-1413, Procedure for sealing of records (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1415/","title":"Ark. Code § 16-90-1415, Burden of proof; standard of review (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1419/","title":"Ark. Code § 16-90-1419, Filing fee (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/","title":"Criminal History forms: petitions and orders to seal","publisher":"Arkansas Crime Information Center, Arkansas Department of Public Safety","accessed":"2026-10-22"}]},{"id":"first-offender-dismissal-sealing","name":"First offender probation, dismissal and sealing (Act 346 of 1975)","type":"dismissal","effect":"If you complete the probation, you are discharged without a finding of guilt and the court enters an order dismissing the case and sealing the record, if that is consistent with the record sealing law (Ark. Code § 16-93-303(b)). You are then treated as not having a felony conviction, except for habitual offender status, criminal history scores, sentencing and impeachment (§ 16-93-303(d)). To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).","covers":"People with no earlier felony conviction who pleaded guilty or no contest and were placed on probation without a finding of guilt under Act 346 (and some court program cases).","outcomes":["diversion"],"narrow":"Only if sentenced under Act 346 or a court program","eligible":["You pleaded guilty or no contest before any finding of guilt, had no earlier felony conviction, consented, and the court deferred further proceedings and placed you on probation for at least a year (Ark. Code § 16-93-303(a)(1)(A)).","You completed the probation and other conditions (§ 16-93-303(b)).","ACIC also publishes petitions to seal for drug court (§ 16-98-303), community punishment under Act 531 of 1993, and veterans treatment court (§ 16-101-106) cases (ACIC)."],"not_eligible":["Sealing under Act 346 is not available for an offense requiring sex offender registration, public sexual indecency, indecent exposure, bestiality, exposing another person to HIV, or a serious felony or felony involving violence under § 5-4-501 (§ 16-93-303(a)(1)(B)).","If you violate probation, the court may enter a finding of guilt and sentence you (§ 16-93-303(a)(2))."],"waiting_periods":[{"record":"Act 346 first offender probation","wait":"When probation is successfully completed","detail":"§ 16-93-303(b)"}],"automatic":"not_stated","automatic_detail":"The statute says the court shall enter the dismissal and sealing order when you complete probation, but ACIC publishes a petition form for it, so in practice you may need to ask the court (ACIC; § 16-93-303(b)).","how_to_file":["After you finish probation, file the ACIC Petition to Dismiss and Seal (First Offenders) and the matching order with the court that placed you on probation (ACIC).","For drug court, community punishment or veterans court cases, use the matching ACIC petition and order (ACIC).","Once signed, the order goes to ACIC; you can also send ACIC a copy yourself (ACIC)."],"where":"The court that placed you on probation (ACIC; Ark. Code § 16-93-303).","forms":[{"name":"Petition to Dismiss and Seal, First Offenders (Act 346 of 1975) (ACIC)","url":"https://media.ark.org/dps/12_FirstOffenderPetitionDraftF.pdf"},{"name":"Order to Dismiss and Seal, First Offenders (ACIC)","url":"https://media.ark.org/dps/13_FirstOffenderOrderDraftF1.pdf"},{"name":"Drug Court Pre-Adjudication Petition to Seal (Ark. Code § 16-98-303) (ACIC)","url":"https://media.ark.org/dps/15_DrugCourtPreAdjudicationPetitionSealF.pdf"},{"name":"Drug Court Post-Adjudication Petition to Seal (ACIC)","url":"https://media.ark.org/dps/17_DrugCourtPostAdjudicationPetitionSealF.pdf"},{"name":"Community Punishment (Act 531 of 1993) Petition to Seal (ACIC)","url":"https://media.ark.org/dps/19_CommuntiyPunishmentAct531PetitionDraftF.pdf"},{"name":"Veterans Treatment Specialty Court Petition to Seal (Ark. Code § 16-101-106) (ACIC)","url":"https://media.ark.org/dps/Veterans-Court-Petition-to-Seal-Form-July2021.pdf"}],"cost":{"filing_fee_usd":null,"detail":"There is no filing fee for a uniform petition under the sealing law (Ark. Code § 16-90-1419). We did not confirm whether a fee applies to an Act 346 dismissal motion; ask the clerk.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Ark. Code § 16-93-303","url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-93/subchapter-3/section-16-93-303/"},"sources":[{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-93/subchapter-3/section-16-93-303/","title":"Ark. Code § 16-93-303, first offender probation (Act 346 of 1975) (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1419/","title":"Ark. Code § 16-90-1419, Filing fee (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/","title":"Criminal History forms: petitions and orders to seal","publisher":"Arkansas Crime Information Center, Arkansas Department of Public Safety","accessed":"2026-10-22"}]},{"id":"pardon-sealing","name":"Sealing after a governor's pardon","type":"sealing","effect":"To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).","covers":"Convictions for which the Governor granted a pardon, and some felonies committed under age 16 that were later pardoned.","outcomes":["felony","misdemeanor"],"narrow":"Only after a governor's pardon","eligible":["When the Governor grants a pardon, the Governor notifies the court and the court must issue an order sealing the record (Ark. Code § 16-90-1411(a)(1)).","For a pardon granted before July 15, 1991, the record is sealed once you file a copy of the pardon with the court (§ 16-90-1411(a)(2)).","A person who committed a felony in Arkansas before age 16, got a suspended sentence, was pardoned and has no other conviction must have the record sealed (§ 16-90-1411(b)).","You can still use the regular misdemeanor or felony routes instead (§ 16-90-1411(c))."],"not_eligible":["Pardons for an offense where the victim was under 18, a sex offense, or an offense that caused death or serious physical injury (§ 16-90-1411(a)(3))."],"waiting_periods":[{"record":"Pardoned conviction","wait":"None after the pardon","detail":"§ 16-90-1411"}],"automatic":"yes","automatic_detail":"Once a pardon is granted, the Governor notifies the court and the court must seal the record (§ 16-90-1411(a)(1)). You must apply to the Governor for the pardon itself, and for pre-July 15, 1991 pardons you file the pardon with the court.","how_to_file":["Apply for a pardon using the Governor's pardon instructions and application (ACIC).","After a pardon, check that the court entered the sealing order. ACIC publishes a petition and order to seal for pardoned people if you need to ask the court yourself (ACIC)."],"where":"The court where you were convicted (Ark. Code § 16-90-1411).","forms":[{"name":"Arkansas Governor's Pardon: Instructions and Application","url":"https://media.ark.org/dps/Arkansas-Governors-Pardon-Application-REVISED.pdf"},{"name":"Petition to Seal for Pardoned Offenders and Pardoned Youthful Felony Offenders (ACIC)","url":"https://media.ark.org/dps/11_PardonedOffenderPetitionDraftU.pdf"},{"name":"Order to Seal for Pardoned Offenders (ACIC)","url":"https://media.ark.org/dps/11_PardonedOffenderOrderDraftU.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No filing fee for a uniform petition (Ark. Code § 16-90-1419).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":null,"statute":{"cite":"Ark. Code § 16-90-1411","url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1411/"},"sources":[{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1411/","title":"Ark. Code § 16-90-1411, Sealing of records for a pardoned person; pardons for youthful felony offenders (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1415/","title":"Ark. Code § 16-90-1415, Burden of proof; standard of review (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1419/","title":"Ark. Code § 16-90-1419, Filing fee (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/","title":"Criminal History forms: petitions and orders to seal","publisher":"Arkansas Crime Information Center, Arkansas Department of Public Safety","accessed":"2026-10-22"}]},{"id":"human-trafficking-sealing","name":"Sealing for human trafficking survivors","type":"sealing","effect":"The court enters a uniform sealing order and redacts your name from the records of the arrest, citation, investigation, charge, court case and probation for the offense (Ark. Code § 16-90-1412(d)). To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).","covers":"Convictions that resulted from being trafficked, for offenses committed as a minor, or adult prostitution convictions.","outcomes":["misdemeanor","felony"],"narrow":"Human trafficking survivors only","eligible":["You were a victim of human trafficking at the time of the offense and the conviction resulted from it (Ark. Code § 16-90-1412(b)(1)(A)).","You were under 18 when the offense was committed, or you are an adult convicted of prostitution under § 5-70-102 (§ 16-90-1412(b)(1)(B)).","The court must grant the petition if it finds these facts by a preponderance of the evidence. Official documents showing you were a trafficking victim create a presumption in your favor but are not required, and you do not need to have raised the trafficking defense in your case (§ 16-90-1412(c), (e))."],"not_eligible":["For adults, only prostitution convictions qualify under this route (§ 16-90-1412(b)(1)(B))."],"waiting_periods":[{"record":"Eligible conviction","wait":"None; you can file at any time, for a conviction from any time","detail":"§ 16-90-1412(b)(2)"}],"automatic":"no","automatic_detail":null,"how_to_file":["Choose the right uniform petition and order from the Arkansas Crime Information Center's forms page. ACIC cannot tell you which form to use; it suggests a lawyer or Legal Aid of Arkansas at 1-800-952-9243 (ACIC).","Fill out the petition and the proposed order. The felony petition must be notarized and include a certificate of service (ACIC felony petition form).","File it with the clerk of the circuit or district court in the county where the offense was committed and you were convicted. The clerk may not charge a filing fee (§§ 16-90-1413(a), 16-90-1419).","Within 3 days of filing, serve a copy on the county's prosecuting attorney (and on the arresting agency if you named it as a party) (§ 16-90-1413).","The prosecutor has 30 days from receiving the petition (or from its filing, if later) to file a notice of opposition. For a misdemeanor, if the prosecutor objects the court must set a hearing unless the prosecutor agrees to let the court decide on the papers; for a felony, the court may set a hearing and, if it does, can grant the petition only after it. The court can rule any time after the 30 days (§ 16-90-1413(b)-(c)).","If the petition is granted, the clerk sends certified copies of the order to the prosecutor, the arresting agency and ACIC (§ 16-90-1413). You may also mail, fax or hand-deliver a copy to ACIC, which has 30 days to process it (ACIC)."],"where":"The circuit or district court in the county where the offense was committed and where you were convicted (Ark. Code § 16-90-1413(a)).","forms":[{"name":"Uniform Petition to Seal Misdemeanors (ACIC)","url":"https://media.ark.org/dps/3-Misdemeanor-Petition-8_01_2023.pdf"},{"name":"Uniform Petition to Seal Felony (ACIC)","url":"https://media.ark.org/dps/Felony-Petition-Form-f.pdf"}],"cost":{"filing_fee_usd":0,"detail":"The circuit or district court clerk may not collect a fee for filing a uniform petition to seal (Ark. Code § 16-90-1419). This route can be used at any time, for a conviction from any time (§ 16-90-1412(b)(2)). Notary and certified-copy costs, if any, are not covered by the statute.","fee_waiver":"not_stated","fee_waiver_detail":"No waiver is needed for the filing itself because there is no filing fee (§ 16-90-1419)."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Ark. Code § 16-90-1412","url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1412/"},"sources":[{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1412/","title":"Ark. Code § 16-90-1412, Sealing certain convictions for victims of human trafficking (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1419/","title":"Ark. Code § 16-90-1419, Filing fee (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://arkleg.state.ar.us/Bills/Detail?id=SB429&amp=&ddBienniumSession=2025%2F2025R","title":"SB 429 (2025 Regular Session), Act 665 of 2025: To expand the sealing of criminal records for victims of human trafficking","publisher":"Arkansas State Legislature","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":"2014-01-01","detail":"Arkansas has no broad Clean Slate law. The one route that works without a petition is a pardon: when the Governor grants one, the Governor notifies the court and the court must seal the record, except for offenses against minors, sex offenses and offenses causing death or serious physical injury (Ark. Code § 16-90-1411, part of the Comprehensive Criminal Record Sealing Act of 2013, effective January 1, 2014). The first offender law says the court shall enter a dismissal and sealing order when probation is completed (§ 16-93-303(b)), but ACIC publishes a petition for it. Everything else, including arrests and dismissed cases, needs a uniform petition.","sources":[{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1411/","title":"Ark. Code § 16-90-1411, Sealing of records for a pardoned person; pardons for youthful felony offenders (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-93/subchapter-3/section-16-93-303/","title":"Ark. Code § 16-93-303, first offender probation (Act 346 of 1975) (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/","title":"Criminal History forms: petitions and orders to seal","publisher":"Arkansas Crime Information Center, Arkansas Department of Public Safety","accessed":"2026-10-22"}]},"marijuana":{"detail":"We found no marijuana-specific sealing law. Marijuana misdemeanors follow the regular misdemeanor rule (sealable once the sentence is complete) and felony drug offenses follow the felony rules, which allow sealing of some Class A and B drug felonies and, after court-ordered treatment, felony possession (Ark. Code §§ 16-90-1405, 16-90-1406(a)(3), 16-90-1407).","sources":[{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1405/","title":"Ark. Code § 16-90-1405, Eligibility to file a uniform petition to seal a misdemeanor offense or violation (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1406/","title":"Ark. Code § 16-90-1406, Felony convictions eligible for sealing (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1407/","title":"Ark. Code § 16-90-1407, Special procedures for sealing a felony controlled substance possession conviction (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"}]},"non_conviction":{"detail":"You can petition to seal an arrest if no charges were filed within a year (Ark. Code § 16-90-1409), and a nolle prosequi (after one year), dismissal, acquittal or decision not to file charges (§ 16-90-1410). The court must grant it unless the state shows by a preponderance of the evidence that sealing would put the public at risk or not further the interests of justice (§ 16-90-1415(d)). There is no filing fee (§ 16-90-1419). Acquittals by reason of mental disease or defect are excluded.","sources":[{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1409/","title":"Ark. Code § 16-90-1409, Sealing records of arrests (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1410/","title":"Ark. Code § 16-90-1410, Sealing records of nolle prosequi, dismissed cases, or acquittals (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1415/","title":"Ark. Code § 16-90-1415, Burden of proof; standard of review (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1419/","title":"Ark. Code § 16-90-1419, Filing fee (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"A first, second or third DWI is an unclassified misdemeanor, a fourth or fifth within 10 years of the first offense is an unclassified felony, and a sixth within 20 years is a Class B felony (Ark. Code § 5-65-111). A misdemeanor DWI or BWI cannot be sealed until the lookback periods in § 5-65-111 have passed (§ 16-90-1405(b)), and the same applies to a felony DWI under the unclassified-felony route (§ 16-90-1406(a)(2)). A sixth-offense DWI, as a Class B felony, is not sealable (§ 16-90-1408(a)(1)). No traffic offense committed in any motor vehicle while you held a commercial driver license or learner's permit can be sealed (§§ 16-90-1405(b), 16-90-1408(b)). ACIC has a separate DWI/BWI petition and order. A sealed conviction can still be used in a later criminal case and for habitual offender status (§ 16-90-1417(b)(2)).","sources":[{"url":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-65/subchapter-1/section-5-65-111/","title":"Ark. Code § 5-65-111, driving while intoxicated penalties and lookback periods (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1405/","title":"Ark. Code § 16-90-1405, Eligibility to file a uniform petition to seal a misdemeanor offense or violation (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1406/","title":"Ark. Code § 16-90-1406, Felony convictions eligible for sealing (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1408/","title":"Ark. Code § 16-90-1408, Felony convictions ineligible for sealing (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1417/","title":"Ark. Code § 16-90-1417, Effect of sealing (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/","title":"Criminal History forms: petitions and orders to seal","publisher":"Arkansas Crime Information Center, Arkansas Department of Public Safety","accessed":"2026-10-22"}]},"employers":{"detail":"After sealing, the conduct is deemed never to have occurred and you may say that it did not occur and that the record does not exist (Ark. Code § 16-90-1417(b)(1)). The records custodian may not reveal a sealed record to employers in general. The exceptions include a criminal justice agency you apply to work for, polygraph and private security licensing checks, state boards that license health care professionals, and the Commission on Law Enforcement Standards and Training (§§ 16-90-1416, 16-90-1417(b)(2)). ACIC's own release of records is governed by a separate law (§ 12-12-1001 and following), which we did not review. We did not find an Arkansas statute or published statewide policy (a ban-the-box rule) limiting when state agencies or private employers may ask about criminal records.","sources":[{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1417/","title":"Ark. Code § 16-90-1417, Effect of sealing (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1416/","title":"Ark. Code § 16-90-1416, Release of sealed records (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"}]},"free_help":[{"name":"Legal Aid of Arkansas: free record sealing clinics","url":"https://arlegalaid.org/news-events/event/2026/04/30/miller-county-record-sealing-clinic/551999","type":"legal_aid","detail":"Holds free record sealing clinics for Arkansas residents or Arkansas cases (this link is its April 30, 2026 Miller County clinic; check its event calendar for new dates). Call 1-800-952-9243, the number ACIC gives for help choosing a sealing form."},{"name":"Arkansas Crime Information Center: sealing petitions and orders","url":"https://dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/","type":"state_agency","detail":"All uniform petitions and orders to seal, by type of case, plus the Governor's pardon application; ACIC processes sealing orders within 30 days."}],"sources":[{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/","title":"Ark. Code §§ 16-90-1401 to 16-90-1419, Comprehensive Criminal Record Sealing Act of 2013 (2025 Arkansas Code, table of sections)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1405/","title":"Ark. Code § 16-90-1405, Eligibility to file a uniform petition to seal a misdemeanor offense or violation (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1406/","title":"Ark. Code § 16-90-1406, Felony convictions eligible for sealing (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1408/","title":"Ark. Code § 16-90-1408, Felony convictions ineligible for sealing (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1413/","title":"Ark. Code § 16-90-1413, Procedure for sealing of records (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1417/","title":"Ark. Code § 16-90-1417, Effect of sealing (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1419/","title":"Ark. Code § 16-90-1419, Filing fee (2025 Arkansas Code, republished text)","publisher":"Justia, republishing the Arkansas Code","accessed":"2026-10-22"},{"url":"https://dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/","title":"Criminal History forms: petitions and orders to seal","publisher":"Arkansas Crime Information Center, Arkansas Department of Public Safety","accessed":"2026-10-22"},{"url":"https://dps.arkansas.gov/wp-content/uploads/Felony-Petition-Form-f.pdf","title":"Uniform Petition to Seal Felony (revised 07/21/2021 and 08/16/2021)","publisher":"Arkansas Crime Information Center","accessed":"2026-10-22"},{"url":"https://arlegalaid.org/news-events/event/2026/04/30/miller-county-record-sealing-clinic/551999","title":"Miller County Record Sealing Clinic (April 30, 2026)","publisher":"Legal Aid of Arkansas","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"california","code":"CA","name":"California","terms":["expungement (dismissal)","automatic record relief","Clean Slate","arrest record sealing","certificate of rehabilitation"],"summary":"California does not truly erase records, but most people who finished probation, a misdemeanor sentence or a county jail felony sentence can ask the court to dismiss the conviction, which is often called expungement. Since January 1, 2023, many people who served state prison can also ask, two years after finishing the sentence. The state's Clean Slate laws have the Department of Justice grant relief automatically every month for many arrests and convictions back to 1973, including many felonies after four crime-free years. A DUI conviction can be dismissed, but it still counts as a prior DUI.","remedies":[{"id":"dismissal","name":"Dismissal of a conviction (expungement)","type":"dismissal","effect":"The court lets you withdraw your plea (or sets aside the guilty verdict) and dismisses the case, and you are released from most penalties and disabilities of the conviction. You must still disclose it when a direct question asks on an application for public office, a state or local license, or a contract with the California State Lottery Commission. It can still be used as a prior conviction if you are charged again. It does not restore firearm rights, and it does not undo Vehicle Code § 13555 license actions. Unexpired criminal protective orders stay in effect (Cal. Penal Code §§ 1203.4, 1203.4a, 1203.41). Employers covered by the Fair Chance Act may not consider a dismissed conviction (Gov. Code § 12952).","covers":"Convictions where you completed probation, misdemeanors and infractions without probation, felonies served in county jail, and state prison felonies that do not require sex offender registration.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["You were granted probation and completed it or got early termination. The court must then grant the petition. If you did not fully complete probation, the court may still grant it in the interest of justice (§ 1203.4; California Courts Self-Help Guide).","You are not serving a sentence, not on probation or parole in any case, and not charged with a new offense (§ 1203.4).","A misdemeanor or infraction without probation qualifies one year after judgment if you completed the sentence (§ 1203.4a). If you meet every condition, including having lived an honest and upright life, relief is mandatory; otherwise it is up to the court.","A felony sentenced to county jail under Penal Code § 1170(h)(5) qualifies 1 year after completing the sentence if you had mandatory supervision, or 2 years if you did not. The court decides (§ 1203.41).","A felony sentenced to state prison qualifies 2 years after completing the sentence if it does not require sex offender registration. The court decides (§ 1203.41; available since January 1, 2023 per the Self-Help Guide).","Unpaid restitution or fines cannot, by themselves, be the reason for denial (§§ 1203.4, 1203.4a, 1203.41).","People who served on a fire crew in prison or county jail have a separate route under § 1203.4b (forms CR-430, CR-431, CR-432)."],"not_eligible":["Certain sex offenses involving minors and child pornography offenses listed in § 1203.4(b), including PC 288, 288.5, 311.1, 311.2, 311.3 and 311.11, and a felony under § 261.5(d).","State prison felonies that require sex offender registration (§ 1203.41).","Some Vehicle Code offenses listed in the statutes, such as misdemeanors under Vehicle Code § 42002.1 (§§ 1203.4(b), 1203.4a(d)).","Anyone currently serving a sentence, on probation or parole, or facing new charges."],"waiting_periods":[{"record":"Conviction with probation","wait":"When probation is completed (or terminated early)","detail":"You can ask for early termination under § 1203.3 at the same time."},{"record":"Misdemeanor or infraction without probation","wait":"1 year from the date of judgment","detail":"§ 1203.4a"},{"record":"Felony, county jail with mandatory supervision (§ 1170(h)(5)(B))","wait":"1 year after completing the sentence","detail":"§ 1203.41"},{"record":"Felony, county jail without mandatory supervision (§ 1170(h)(5)(A))","wait":"2 years after completing the sentence","detail":"§ 1203.41"},{"record":"Felony, state prison (no sex offender registration required)","wait":"2 years after completing the sentence","detail":"§ 1203.41"}],"automatic":"some","automatic_detail":"Many people already got similar relief automatically from the Department of Justice under § 1203.425 (see Automatic conviction relief). The Self-Help Guide says filing with the court may still give extra benefits.","how_to_file":["Optional: get your RAP sheet from the California DOJ to see whether automatic relief has already been granted.","Fill out Form CR-180 (Petition for Dismissal) and the top of Form CR-181 (Order for Dismissal). If you are still on probation, also ask for early termination; there is no statewide form for that, so write your own request.","File the forms with the superior court where you were convicted. Some courts send copies to the district attorney and probation for you; the prosecutor must get at least 15 days' notice (§ 1203.4).","Go to the hearing if one is set. In Sacramento, for example, felony petitions and misdemeanor petitions filed while on probation get a hearing, and misdemeanors not on probation are decided without one.","Get a copy of the signed CR-181 and keep it."],"where":"The superior court in the county where you were convicted.","forms":[{"name":"CR-180 Petition for Dismissal","url":"https://courts.ca.gov/sites/default/files/courts/default/2024-11/cr180.pdf"},{"name":"CR-181 Order for Dismissal","url":"https://courts.ca.gov/sites/default/files/courts/default/2024-11/cr181.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Superior courts we checked say there is no filing fee for a petition for dismissal: Sacramento (instructions revised January 2025) and Ventura (revised August 2023). The current text of § 1203.4 has no fee or cost provision. Some courts charge for certified copies; Sacramento charges $40 plus $0.50 per page if you ask for a mailed copy without sending a stamped envelope.","fee_waiver":"not_stated","fee_waiver_detail":"No filing fee was found, so no waiver should be needed for the petition itself. Ask the clerk about copy and certification costs."},"hearing":"sometimes","timeline":"Varies by court. Sacramento sets felony hearings about 90 days after filing.","statute":{"cite":"Cal. Penal Code §§ 1203.4, 1203.4a, 1203.41","url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=1203.4"},"sources":[{"url":"https://selfhelp.courts.ca.gov/clean-your-record/misdemeanors","title":"Record cleaning: Misdemeanors","publisher":"Judicial Council of California, California Courts Self-Help Guide","accessed":"2026-10-21"},{"url":"https://selfhelp.courts.ca.gov/clean-your-record/felony-prop47","title":"Record cleaning: Felony convictions and Prop 47","publisher":"Judicial Council of California, California Courts Self-Help Guide","accessed":"2026-10-21"},{"url":"https://codes.findlaw.com/ca/penal-code/pen-sect-1203-4/","title":"Cal. Penal Code § 1203.4 (republished statute text, current as of January 1, 2026)","publisher":"FindLaw, republishing the California Legislature's text","accessed":"2026-10-21"},{"url":"https://codes.findlaw.com/ca/penal-code/pen-sect-1203-4a/","title":"Cal. Penal Code § 1203.4a (republished statute text)","publisher":"FindLaw, republishing the California Legislature's text","accessed":"2026-10-21"},{"url":"https://codes.findlaw.com/ca/penal-code/pen-sect-1203-41/","title":"Cal. Penal Code § 1203.41 (republished statute text)","publisher":"FindLaw, republishing the California Legislature's text","accessed":"2026-10-21"},{"url":"https://ftp.saccourt.ca.gov/criminal/docs/1203-4-dismissal-process.pdf","title":"1203.4 Dismissal Process (rev. January 2025)","publisher":"Superior Court of California, County of Sacramento","accessed":"2026-10-22"},{"url":"https://ventura.courts.ca.gov/system/files/general/misdemeanorexpungement-formpacket_infosheet.pdf","title":"Misdemeanor Expungement Form Packet Info Sheet (rev. August 11, 2023)","publisher":"Superior Court of California, County of Ventura","accessed":"2026-10-21"}]},{"id":"automatic-conviction-relief","name":"Automatic conviction relief (Clean Slate)","type":"other","effect":"The Department of Justice marks the conviction as granted relief, and courts may not disclose it to anyone except you or a criminal justice agency. You are released from most penalties and disabilities, as with a dismissal. You must still disclose it for peace officer, public office, certain in-home supportive services and State Lottery applications. It can still be used as a prior conviction, and firearm rules and some licensing and Education Code access are unchanged (Cal. Penal Code § 1203.425). DOJ says the conviction stays on your record with a notation; it is not a sealing or expungement, and DOJ releases it to employers only where Penal Code § 11105(k)-(p) allows.","covers":"Convictions on or after January 1, 1973 where probation was completed, misdemeanors and infractions one year after judgment, and many felonies four years after all supervision ends.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["You are not required to register as a sex offender, have no active supervision, are not serving a sentence and have no pending charges (§ 1203.425(a)(1)(B)).","You were sentenced to probation and appear to have completed it without revocation.","Or, for a misdemeanor or infraction without probation, you completed the sentence and at least one calendar year has passed since judgment.","Or, for a felony not completed on probation, you completed all incarceration and supervision (probation, mandatory supervision, PRCS and parole), and four years have passed since then with no new felony conviction."],"not_eligible":["Anyone required to register as a sex offender.","On the felony track: serious felonies (Penal Code § 1192.7(c)), violent felonies (§ 667.5) and felonies requiring sex offender registration.","Cases where the prosecutor or probation department successfully petitions to block relief because it would pose a substantial threat to public safety. The petition must be filed at least 90 days before your eligibility date (§ 1203.425(b)). You can still petition under § 1203.4."],"waiting_periods":[{"record":"Conviction with probation","wait":"When probation is completed without revocation","detail":null},{"record":"Misdemeanor or infraction without probation","wait":"1 calendar year after judgment, once the sentence is completed","detail":null},{"record":"Felony not completed on probation (not serious, violent or registrable)","wait":"4 years after completing all incarceration and supervision, with no new felony conviction","detail":null}],"automatic":"yes","automatic_detail":"Each month, DOJ reviews its records and grants relief without a petition where its electronic records show eligibility. DOJ does not notify you; it notifies the court. Automatic relief began July 1, 2022 (AB 1076). SB 731 (2022) and AB 567 (2023) added more felonies and misdemeanors, effective October 1, 2024 (per AB 168). Relief depends on funding in the annual Budget Act (§ 1203.425; California DOJ).","how_to_file":["Nothing to file. To check, request your own record from the California DOJ ('Criminal Records - Request Your Own').","If you think DOJ's record is wrong, you can file form BCIA 8706, Claim of Alleged Inaccuracy or Incompleteness.","You can still petition the court for dismissal under § 1203.4 or other relief."],"where":"California Department of Justice (automatic), with notice to the superior court.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No application and no fee for automatic relief. To check your status, a DOJ record review requires Live Scan fingerprints and a $25 DOJ processing fee, and DOJ says you may be eligible for a waiver of its processing fee.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"DOJ reviews its databases monthly.","statute":{"cite":"Cal. Penal Code § 1203.425","url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=1203.425"},"sources":[{"url":"https://oag.ca.gov/fingerprints/automatic-record-relief-penal-code-sections-851.93-and-1203.425","title":"Automatic Record Relief - Penal Code sections 851.93 and 1203.425","publisher":"California Department of Justice, Office of the Attorney General","accessed":"2026-10-21"},{"url":"https://codes.findlaw.com/ca/penal-code/pen-sect-1203-425/","title":"Cal. Penal Code § 1203.425 (republished statute text, current as of January 1, 2026)","publisher":"FindLaw, republishing the California Legislature's text","accessed":"2026-10-21"},{"url":"https://oag.ca.gov/fingerprints/record-review","title":"Record Review (request your own criminal record)","publisher":"California Department of Justice, Office of the Attorney General","accessed":"2026-10-21"}]},{"id":"arrest-record-sealing","name":"Sealing an arrest that did not lead to a conviction","type":"sealing","effect":"The arrest is deemed not to have occurred, and you may answer questions about it accordingly. You must still disclose it when a direct question asks on applications for public office, peace officer jobs, state or local licenses, or State Lottery contracts. Sealed records are not available to the public, but law enforcement and some government agencies can still see them. A sealed arrest can be used in later prosecutions for other offenses (Cal. Penal Code § 851.91; Self-Help Guide).","covers":"Arrests where no charges were filed in time, charges were dismissed and cannot be refiled, you completed diversion or deferred entry of judgment, you were acquitted, or a conviction was vacated or reversed.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["Your arrest did not result in a conviction, and you can no longer be charged with that offense (§ 851.91).","If you qualify, sealing is a matter of right, unless the arrest involved domestic violence, child abuse or elder abuse and your record shows a pattern of such arrests or convictions. Then you must show sealing is in the interest of justice."],"not_eligible":["Arrests you can still be charged for.","Arrests for murder or other offenses with no statute of limitations, unless you were acquitted or found factually innocent.","Cases where you intentionally evaded prosecution, for example by absconding or by identity fraud for which you were then charged."],"waiting_periods":[{"record":"Arrest with no conviction","wait":"Once you can no longer be charged (limitations has run, charges dismissed and cannot be refiled, or acquittal)","detail":null}],"automatic":"some","automatic_detail":"Many non-conviction arrests are granted relief automatically by DOJ under § 851.93 (see Automatic arrest relief).","how_to_file":["Read Form CR-409-INFO to check eligibility.","Fill out Form CR-409 (Petition to Seal Arrest and Related Records) and file it with the court. If granted, the judge signs Form CR-410.","Other routes exist for prefiling diversion (§ 851.87), drug diversion (§ 851.90), post-dismissal diversion (§ 1001.9) and factual innocence (§§ 851.85, 851.86; DOJ form BCIA 8270 when no charges were filed or they were dismissed before trial)."],"where":"The superior court.","forms":[{"name":"CR-409 Petition to Seal Arrest and Related Records","url":"https://courts.ca.gov/sites/default/files/courts/default/2024-11/cr409.pdf"},{"name":"CR-409-INFO Information on Sealing Arrest Records","url":"https://courts.ca.gov/sites/default/files/courts/default/2024-11/cr409info.pdf"},{"name":"BCIA 8270 Petition to Seal and Destroy Adult Arrest Records (factual innocence)","url":"https://oag.ca.gov/sites/all/files/agweb/pdfs/idtheft/forms/bcia-8270.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Neither § 851.91 nor the Self-Help Guide page mentions a fee. Ask the clerk.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Cal. Penal Code § 851.91","url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=851.91"},"sources":[{"url":"https://selfhelp.courts.ca.gov/clean-your-record/arrest-no-conviction","title":"Record cleaning: Arrest with no conviction","publisher":"Judicial Council of California, California Courts Self-Help Guide","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/ca/penal-code/pen-sect-851-91/","title":"Cal. Penal Code § 851.91 (republished statute text)","publisher":"FindLaw, republishing the California Legislature's text","accessed":"2026-10-21"}]},{"id":"automatic-arrest-relief","name":"Automatic arrest relief","type":"sealing","effect":"The arrest is deemed not to have occurred, you are released from its penalties and disabilities, and you may answer questions about it accordingly. You must still disclose it on a peace officer job application. Criminal justice agencies keep access, prosecutors may still charge within the statute of limitations, and courts generally may not disclose relieved arrests (Cal. Penal Code § 851.93).","covers":"Arrests on or after January 1, 1973 that did not lead to a conviction.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["A misdemeanor arrest where the charge was dismissed.","A misdemeanor arrest with no conviction, after 1 calendar year, if no charges from it are pending.","A felony arrest punishable by less than 8 years, with no conviction, after 3 calendar years.","A felony arrest punishable by 8 or more years, with no conviction, after 6 years.","An arrest where you completed a listed diversion or deferred entry of judgment program."],"not_eligible":["Arrests that led to a conviction, or where charges are still pending."],"waiting_periods":[{"record":"Misdemeanor arrest, no conviction","wait":"1 year (immediately if the charge was dismissed)","detail":null},{"record":"Felony arrest punishable by less than 8 years, no conviction","wait":"3 years","detail":null},{"record":"Felony arrest punishable by 8 or more years, no conviction","wait":"6 years","detail":null}],"automatic":"yes","automatic_detail":"DOJ reviews its records monthly and grants relief without a petition. The current version of § 851.93 is operative October 1, 2024, subject to funding in the Budget Act (§ 851.93; California DOJ).","how_to_file":["Nothing to file. Request your own DOJ record to check. You can still petition the court under § 851.91 for sealing."],"where":"California Department of Justice (automatic).","forms":[],"cost":{"filing_fee_usd":0,"detail":"No application and no fee.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"DOJ reviews its databases monthly.","statute":{"cite":"Cal. Penal Code § 851.93","url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=851.93"},"sources":[{"url":"https://oag.ca.gov/fingerprints/automatic-record-relief-penal-code-sections-851.93-and-1203.425","title":"Automatic Record Relief - Penal Code sections 851.93 and 1203.425","publisher":"California Department of Justice, Office of the Attorney General","accessed":"2026-10-21"},{"url":"https://codes.findlaw.com/ca/penal-code/pen-sect-851-93/","title":"Cal. Penal Code § 851.93 (republished statute text)","publisher":"FindLaw, republishing the California Legislature's text","accessed":"2026-10-21"}]},{"id":"certificate-of-rehabilitation","name":"Certificate of Rehabilitation","type":"certificate","effect":"A court finding that you are rehabilitated. It is sent to the Governor as an application for a pardon, may help with professional licensing, and in rare cases can end sex offender registration. It does not erase or seal the record, does not restore gun rights and does not stop the conviction from counting as a prior (California Courts Self-Help Guide).","covers":"Felony convictions, and misdemeanor sex offenses that require registration, after a period of rehabilitation.","outcomes":["felony"],"narrow":null,"eligible":["You have lived in California continuously for the 5 years before applying.","You have completed the period of rehabilitation, usually 5 years of residence plus 2 to 5 more years depending on the offense, counted from release from custody or supervision (Penal Code § 4852.03; Self-Help Guide).","For a felony with prison or jail time, you are off parole, PRCS or mandatory supervision. For felony probation or a registrable sex offense, the case must first be dismissed, and you cannot have been in custody since."],"not_eligible":["People in the military, living out of state, on mandatory life parole, or with a death sentence.","People convicted of listed sex crimes involving a minor (Penal Code §§ 269, 286(c), 288, 288a(c), 288.5, 288.7, 289(j)).","The Self-Help Guide says a felony reduced to a misdemeanor makes you ineligible; talk to a lawyer before reducing a felony if you want a certificate."],"waiting_periods":[{"record":"Eligible felony","wait":"About 7 to 10 years in total (5 years of California residence plus 2 to 5 more years, depending on the offense)","detail":"Penal Code § 4852.03"}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your RAP sheet from the court or DOJ.","Get the Petition for Certificate of Rehabilitation and Pardon and the Notice of Filing of Petition (Board of Parole Hearings forms; local courts may add their own).","File in the superior court of the county where you live or where you were convicted.","Serve the notice on the district attorney (in the filing county and each county with a felony conviction) at least 30 days before the court date.","Gather letters of support and proof of work, school and programs, and attend the hearing."],"where":"The superior court in the county where you live or where you were convicted.","forms":[],"cost":{"filing_fee_usd":0,"detail":"The Self-Help Guide says there is no filing fee.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":"The wait after a complete application can be many months. After approval, the Board of Parole Hearings reviews the pardon application and reports to the Governor within a year (Self-Help Guide).","statute":{"cite":"Cal. Penal Code §§ 4852.01-4852.21","url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=4852.01"},"sources":[{"url":"https://selfhelp.courts.ca.gov/clean-your-record/certificate-rehabilitation","title":"Certificate of Rehabilitation","publisher":"Judicial Council of California, California Courts Self-Help Guide","accessed":"2026-10-22"}]}],"clean_slate":{"status":"in_effect","effective":"2022-07-01","detail":"California's Department of Justice grants arrest relief (Penal Code § 851.93) and conviction relief (§ 1203.425) automatically each month, with no petition, for records back to January 1, 1973. AB 1076 (2019) started automatic relief on July 1, 2022, and AB 145 (2021) extended review back to 1973. SB 731 (2022) and AB 567 (2023) added most felonies after four crime-free years and misdemeanors with revoked probation that were later completed, effective October 1, 2024 (per AB 168, 2024). Serious, violent and sex-registration felonies are excluded, and courts must limit public access to relieved records (California DOJ).","sources":[{"url":"https://oag.ca.gov/fingerprints/automatic-record-relief-penal-code-sections-851.93-and-1203.425","title":"Automatic Record Relief - Penal Code sections 851.93 and 1203.425","publisher":"California Department of Justice, Office of the Attorney General","accessed":"2026-10-21"},{"url":"https://codes.findlaw.com/ca/penal-code/pen-sect-1203-425/","title":"Cal. Penal Code § 1203.425 (republished statute text)","publisher":"FindLaw, republishing the California Legislature's text","accessed":"2026-10-21"}]},"marijuana":{"detail":"Under Proposition 64 (2016), many marijuana convictions from before November 9, 2016 under Health and Safety Code §§ 11357, 11358, 11359 and 11360 can be redesignated as misdemeanors or infractions, dismissed and sealed, and some records destroyed (Health & Safety Code § 11361.8). Under § 11361.9, DOJ identified eligible convictions by July 1, 2019. Convictions that prosecutors did not challenge by July 1, 2020 are treated as recalled, dismissed and redesignated, with court orders due by March 1, 2023. If your record has not been updated, file Form CR-400 (Petition/Application) and Form CR-401 (Proof of Service) with the court where you were convicted (Self-Help Guide).","sources":[{"url":"https://selfhelp.courts.ca.gov/clean-your-record/marijuana-conviction-relief-prop-64","title":"Marijuana conviction relief (Prop 64)","publisher":"Judicial Council of California, California Courts Self-Help Guide","accessed":"2026-10-21"},{"url":"https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-11361-9/","title":"Cal. Health & Safety Code § 11361.9 (republished statute text)","publisher":"FindLaw, republishing the California Legislature's text","accessed":"2026-10-21"}]},"non_conviction":{"detail":"DOJ automatically grants relief for many arrests that did not lead to a conviction (Penal Code § 851.93): misdemeanor arrests after 1 year (or at dismissal), felony arrests after 3 years (6 years if punishable by 8 or more years), and arrests ending in completed diversion. You can also petition the court to seal an arrest under § 851.91 with Form CR-409, which is a right in most cases once you can no longer be charged. Separate routes cover diversion (§§ 851.87, 851.90, 1001.9) and factual innocence (§§ 851.85, 851.86; DOJ form BCIA 8270), which can lead to records being sealed and destroyed.","sources":[{"url":"https://selfhelp.courts.ca.gov/clean-your-record/arrest-no-conviction","title":"Record cleaning: Arrest with no conviction","publisher":"Judicial Council of California, California Courts Self-Help Guide","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/ca/penal-code/pen-sect-851-93/","title":"Cal. Penal Code § 851.93 (republished statute text)","publisher":"FindLaw, republishing the California Legislature's text","accessed":"2026-10-21"}]},"dui":{"eligible":"yes","detail":"A DUI conviction can be dismissed under Penal Code § 1203.4 once probation is completed; DUI is not on the statute's exclusion list. A misdemeanor DUI where probation was completed can also get automatic relief under § 1203.425. Dismissal does not erase the DUI for future cases: it can still be pleaded and proved as a prior conviction, so it still counts if you are charged with another DUI. It also does not undo DMV license actions, because Vehicle Code § 13555 is carved out of the release from penalties. You must still disclose it on applications for public office, state or local licenses and State Lottery contracts. A felony DUI served in county jail or state prison follows the § 1203.41 waits (1 or 2 years after the sentence).","sources":[{"url":"https://codes.findlaw.com/ca/penal-code/pen-sect-1203-4/","title":"Cal. Penal Code § 1203.4 (republished statute text)","publisher":"FindLaw, republishing the California Legislature's text","accessed":"2026-10-21"},{"url":"https://codes.findlaw.com/ca/penal-code/pen-sect-1203-425/","title":"Cal. Penal Code § 1203.425 (republished statute text)","publisher":"FindLaw, republishing the California Legislature's text","accessed":"2026-10-21"}]},"employers":{"detail":"California's Fair Chance Act covers employers with 5 or more employees. They may not ask about conviction history on the application or before a conditional job offer. During a background check they may not consider arrests that did not lead to conviction (except as Labor Code § 432.7 allows), diversion, or convictions that were sealed, dismissed, expunged or statutorily eradicated, pardoned or covered by a certificate of rehabilitation. Before denying a job over a conviction, the employer must do an individualized assessment and send a preliminary notice, then give you at least 5 business days to respond (5 more if you are getting evidence that the report is wrong), and then send a final written notice. Jobs where the law requires a background check or restricts hiring based on records are exempt (Gov. Code § 12952). The Civil Rights Council's amended criminal-history regulations took effect October 1, 2023. Complaints go to the Civil Rights Department.","sources":[{"url":"https://codes.findlaw.com/ca/government-code/gov-sect-12952/","title":"Cal. Gov. Code § 12952 (republished statute text, current as of January 1, 2026)","publisher":"FindLaw, republishing the California Legislature's text","accessed":"2026-10-21"},{"url":"https://selfhelp.courts.ca.gov/clean-your-record/fair-chance-act","title":"Criminal history and job applications (Fair Chance Act)","publisher":"Judicial Council of California, California Courts Self-Help Guide","accessed":"2026-10-21"},{"url":"https://calcivilrights.ca.gov/fair-chance-act/","title":"Fair Chance Act","publisher":"California Civil Rights Department","accessed":"2026-10-21"},{"url":"https://calcivilrights.ca.gov/civilrightscouncil/rulemaking-actions/","title":"Civil Rights Council rulemaking actions","publisher":"California Civil Rights Department","accessed":"2026-10-21"}]},"free_help":[{"name":"California Courts Self-Help Guide: Clean your record","url":"https://selfhelp.courts.ca.gov/clean-your-record","type":"court_self_help","detail":"Official court guide with a questionnaire that points you to the right forms for your situation."},{"name":"Legal help to clean your record","url":"https://selfhelp.courts.ca.gov/clean-your-record/legal-help","type":"court_self_help","detail":"Court page listing where to find free or low-cost legal help with record clearing."},{"name":"California DOJ: Request your own criminal record","url":"https://oag.ca.gov/fingerprints/record-review","type":"state_agency","detail":"How to get your RAP sheet to see whether automatic relief has been granted."}],"sources":[{"url":"https://selfhelp.courts.ca.gov/clean-your-record-index","title":"Clean your record (index)","publisher":"Judicial Council of California, California Courts Self-Help Guide","accessed":"2026-10-21"},{"url":"https://oag.ca.gov/fingerprints/automatic-record-relief-penal-code-sections-851.93-and-1203.425","title":"Automatic Record Relief - Penal Code sections 851.93 and 1203.425","publisher":"California Department of Justice, Office of the Attorney General","accessed":"2026-10-21"},{"url":"https://ftp.saccourt.ca.gov/criminal/docs/1203-4-dismissal-process.pdf","title":"1203.4 Dismissal Process (rev. January 2025)","publisher":"Superior Court of California, County of Sacramento","accessed":"2026-10-22"}],"last_verified":"2026-10-21"},{"slug":"colorado","code":"CO","name":"Colorado","terms":["sealing","automatic sealing","expungement","order of collateral relief"],"summary":"Colorado clears adult records mainly by sealing them, not by expungement. Cases that ended without a conviction, arrests that never led to charges, and many older convictions are sealed automatically. Most other petty offense, misdemeanor and lower-level felony convictions can be sealed by filing a motion after a wait of 1 to 5 years. Class 1-3 felonies, crimes of violence, sex offenses, domestic violence and DUI are largely excluded. Expungement is limited to arrests caused by mistaken identity (and juvenile records).","remedies":[{"id":"automatic-non-conviction-sealing","name":"Automatic sealing of cases that ended without a conviction","type":"sealing","effect":"The court and the Colorado Bureau of Investigation (CBI) seal the records, except basic identification information. You and criminal justice agencies may reply to an inquiry that public criminal records do not exist (C.R.S. § 24-72-703(2)(b)). Courts, police, prosecutors and agencies that state law requires to run criminal history checks can still see and use sealed records (§ 24-72-703(2)(a)). Sealed records are not destroyed (§ 24-72-703(4)).","covers":"Cases that were completely dismissed, acquittals on all counts, and completed diversion agreements or deferred judgments where all counts were dismissed.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["The whole case was dismissed (C.R.S. § 24-72-705(1)(a)(I)).","You were acquitted of all counts (§ 24-72-705(1)(a)(II)).","You completed a diversion agreement after a criminal case was filed (§ 24-72-705(1)(a)(III); § 18-1.3-101).","You completed a deferred judgment and sentence and all counts were dismissed (§ 24-72-705(1)(a)(IV); § 18-1.3-102).","A conviction the court vacated because you were a victim of human trafficking can be sealed with the same form, JDF 477, which uses the trafficking-survivor sealing procedure in § 24-72-707 for vacated convictions (JDF 477; § 18-1-410.7(5)(b)).","If a traffic conviction in the same case kept the rest of the case from being sealed, you can ask by motion to seal the non-conviction part (§ 24-72-705(3))."],"not_eligible":["Cases where the only charges were class 1 or 2 misdemeanor traffic offenses or class A or B traffic infractions (§ 24-72-703(12)(c)).","Deferred judgments for traffic offenses by commercial driver's license holders or commercial vehicle operators, and deferred judgments for felonies whose facts involved unlawful sexual behavior (§ 24-72-703(12)(d)).","Charges dismissed because you were found incompetent to proceed, under §§ 16-8.5-109(4), 16-8.5-113 or 16-8.5-116, as amended by SB 26-149 effective May 21, 2026 (§ 24-72-705(1)(g); § 16-8.5-119(1)(c)). Before that date, the exclusion named only § 16-8.5-116.","A case dismissed as part of a plea agreement in another case can be sealed only when the case with the conviction becomes eligible (§ 24-72-703(12)(a)(II)).","Underage alcohol or marijuana cases handled under § 18-13-122(13), which has its own sealing process (§ 24-72-705(1)(f)).","Any case where you still owe restitution, unless the order was vacated (JDF 491; JDF 477)."],"waiting_periods":[{"record":"Dismissal, acquittal, or completed diversion or deferred judgment","wait":"None","detail":"The court orders sealing at the time of disposition and must serve the order within 28 days (§ 24-72-705(1)(a.5))."}],"automatic":"yes","automatic_detail":"The court must order sealing on its own motion at disposition, without any written motion. If it doesn't, CBI seals its record when it receives the disposition (§ 24-72-705(1)). The rule applies retroactively, and the state court administrator was required to compile, by July 1, 2025, a list of completed deferred judgments, acquittals and diversion cases with dispositions before August 2022 and send it to the courts for sealing (§ 13-3-117(5)). That list provision does not separately name dismissals. For crimes listed in the Victim Rights Act, the district attorney may tell the victim first; if the victim objects, the court sets a return date within 35 days (§ 24-72-705(1)(d)).","how_to_file":["Usually nothing. Sealing is supposed to happen automatically when the case ends.","If your case wasn't sealed, file JDF 477 (Motion to Seal Non-Conviction Records) in your criminal case. Fill in only the captions of JDF 478, JDF 492 and JDF 493. List every agency with records, including CBI (JDF 491).","Mail a copy of the motion to the prosecuting attorney's office.","The court may rule on the motion or set a hearing. If the court grants it, the court sends the order to the agencies you listed."],"where":"The court that handled the criminal case. CBI seals its own record if the court doesn't.","forms":[{"name":"JDF 491 - Guide to Sealing Non-Conviction Records","url":"https://www.coloradojudicial.gov/sites/default/files/2025-12/JDF491.pdf"},{"name":"JDF 477 - Motion to Seal Non-Conviction Records","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/motion-seal-non-conviction-records"},{"name":"JDF 478 - Order to Seal Non-Conviction Records","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/order-seal-non-conviction-records"}],"cost":{"filing_fee_usd":0,"detail":"No fee. If automatic sealing didn't happen, you can file the motion without being charged fees or costs (§ 24-72-705(2)). The Judicial Branch's statewide List of Fees also shows $0 for a § 24-72-705 sealing request.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The court must serve the sealing order within 28 days after disposition (§ 24-72-705(1)(a.5)). After a motion is granted, agencies generally seal records within 30 days of receiving the order (JDF 491).","statute":{"cite":"C.R.S. § 24-72-705","url":"https://olls.info/crs/crs2026-title-24.htm"},"sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24, Article 72, Part 7 (Criminal Justice Record Sealing, §§ 24-72-701 to 24-72-711)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://olls.info/crs/crs2026-title-13.htm","title":"Colorado Revised Statutes 2026, Title 13 (§ 13-3-117)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-12/JDF491.pdf","title":"JDF 491 - Guide to Sealing Non-Conviction Records (R: December 31, 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF477.pdf","title":"JDF 477 - Motion to Seal Non-Conviction Records (R: July 1, 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/self-help/list-fees","title":"List of Fees (District Civil: Cases to Seal Criminal Records; published January 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://leg.colorado.gov/bills/SB26-149","title":"SB26-149 Pathways for Individuals with Mental Health Disorder (Final Act, section 48 amending § 24-72-705(1)(g); signed May 21, 2026, effective on signature)","publisher":"Colorado General Assembly","accessed":"2026-10-22"}]},{"id":"arrest-no-charges-sealing","name":"Sealing of arrest records when no charges were filed","type":"sealing","effect":"The arrest records are sealed, except basic identification information, with the same effect as other sealing orders: you may reply that public criminal records do not exist, but courts, police, prosecutors and agencies required by law to run record checks can still see them (C.R.S. §§ 24-72-704(4), 24-72-703(2)). If CBI later learns charges were filed, it unseals the record (§ 24-72-704(2)).","covers":"Arrests that never led to charges being filed in court.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["CBI automatically seals an arrest made on or after January 1, 2022 if no charges are filed within 1 year, and must do so within 60 days after that year passes (§ 24-72-704(2)(a)).","For arrests after January 1, 2019 and before January 1, 2022, CBI automatically seals the record if no charges were filed within 3 years for a felony with a 3-year limitations period, or within 18 months for a misdemeanor, misdemeanor traffic offense, petty offense, civil infraction or municipal ordinance violation with a limitations period of 18 months or less (§ 24-72-704(2)(b)(I)).","CBI is sealing older arrests without a conviction in groups by year, with the last group due by January 1, 2027 (§ 24-72-704(2)(b)(IV)).","You can also petition the court if no charges were filed and you completed a diversion agreement, the statute of limitations has run, or you are no longer being investigated (§ 24-72-704(1)(a)).","Since July 1, 2025, the court must seal the records on its own motion when the district attorney notifies it that you meet one of those conditions (§ 24-72-704(1.5))."],"not_eligible":["CBI's automatic sealing does not cover felony arrests with a limitations period longer than 3 years or no limitations period (§ 24-72-704(2)(b)(V)). Those need a court petition once you qualify.","CBI seals only records it holds; arrest records held by other agencies need a court order (§ 24-72-704(2)).","If no charges were filed because of a plea agreement in another case, the arrest can be sealed only when the case with the conviction becomes eligible (§ 24-72-703(12)(a)(II))."],"waiting_periods":[{"record":"Arrest on or after January 1, 2022, no charges filed","wait":"1 year from the arrest (CBI seals automatically)","detail":"CBI must seal within 60 days after the year passes (§ 24-72-704(2)(a))."},{"record":"Felony arrest from January 1, 2019 to December 31, 2021, 3-year limitations period, no charges filed","wait":"3 years from the arrest (CBI seals automatically)","detail":null},{"record":"Misdemeanor, petty offense, civil infraction or municipal arrest from January 1, 2019 to December 31, 2021, no charges filed","wait":"18 months from the arrest (CBI seals automatically)","detail":null},{"record":"Petition: completed diversion and no charges were ever filed","wait":"None","detail":null},{"record":"Petition: no charges filed and limitations period has not run","wait":"When you are no longer being investigated for the offense","detail":"Or once the limitations period for the most serious offense has run (§ 24-72-704(1)(a))."}],"automatic":"some","automatic_detail":"CBI seals its own copy of most no-charge arrest records automatically, and since July 1, 2025 the court must seal records on its own motion when the district attorney tells it you qualify (§ 24-72-704(1.5), (2)). Records held by police departments and other agencies need a court order, which you can get by petition.","how_to_file":["Collect the case report numbers, case numbers and arrest numbers, and the mailing address of every agency with your records. A CBI criminal history report can help (JDF 416).","Fill out JDF 417 (Petition to Seal Arrest Records) and the captions of JDF 418, JDF 419 and JDF 435.","File in your criminal case if one exists, or start a new case in the district court where the records are. Pay the fee, if any, or file JDF 205 (Motion to Waive Fees) and JDF 206.","Mail a copy of your forms to each agency listed in the petition.","If the petition is sufficient, the court sets a hearing at least 35 days out. If no objection is received 7 days before the hearing, the court cancels it and seals the records (§ 24-72-704(1)(c)(II))."],"where":"The district court in the judicial district where the records are; you can file in an existing criminal case or start a new district court case (JDF 416).","forms":[{"name":"JDF 416 - Guide to Sealing Arrest Records (No Charges Filed)","url":"https://www.coloradojudicial.gov/sites/default/files/2025-08/JDF416.pdf"},{"name":"JDF 417 - Petition to Seal Arrest Records","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/petition-seal-arrest-criminal-records"},{"name":"JDF 418 - Order to Seal Arrest Records","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/order-seal-arrest-criminal-records"}],"cost":{"filing_fee_usd":null,"detail":"Not confirmed for petitions filed now. The Judicial Branch's statewide List of Fees, published January 2025, lists a $224 district court fee for a petition to seal records under § 24-72-704. The court guide revised July 1, 2025 says only that the clerk will tell you the fee, if any (JDF 416). The 12th Judicial District's clinic slides (April 2025) say that fee would no longer apply after July 1, 2025, but the statute itself bars fees only for a motion filed because the court didn't seal the records after a district attorney's notice (§ 24-72-704(1.5)(c)). Ask the clerk before filing.","fee_waiver":"yes","fee_waiver_detail":"If you can't afford a fee, file JDF 205 (Motion to Waive Fees) and JDF 206 (order) with the petition (JDF 416)."},"hearing":"sometimes","timeline":"A hearing, if set, is at least 35 days after the court reviews the petition; agencies generally seal records within 30 days of receiving the order (§ 24-72-704(1)(c); JDF 416).","statute":{"cite":"C.R.S. § 24-72-704","url":"https://olls.info/crs/crs2026-title-24.htm"},"sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§§ 24-72-703, 24-72-704)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-08/JDF416.pdf","title":"JDF 416 - Guide to Sealing Arrest Records (R: July 1, 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/self-help/list-fees","title":"List of Fees (District Civil: Petition to Seal Records, § 24-72-704, $224; published January 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-04/Sealing%20Criminal%20Records%20-%20April%202025.pdf","title":"Sealing Criminal Records (clinic presentation, April 2025)","publisher":"Colorado Judicial Branch, 12th Judicial District Access to Justice Committee","accessed":"2026-10-22"},{"url":"https://leg.colorado.gov/bills/HB24-1133","title":"HB24-1133 Criminal Record Sealing & Expungement Changes (signed June 4, 2024; effective July 1, 2025)","publisher":"Colorado General Assembly","accessed":"2026-10-22"}]},{"id":"automatic-conviction-sealing","name":"Automatic sealing of older convictions","type":"sealing","effect":"Same effect as a court sealing order: you may reply that public criminal records do not exist and generally don't have to disclose the record on applications, but courts, police, prosecutors and agencies required by law to run record checks can still see it, and a new conviction unseals it (C.R.S. § 24-72-703(2)). The court does not mail you the order; you can confirm the sealing with the Sealed Case Search and get a copy of the order to send to other record holders, such as private background-check companies (§ 13-3-117(3)(b)).","covers":"Convictions that could be sealed by motion: civil infractions after 4 years, petty offenses and misdemeanors after 7 years, and felonies after 10 years, with no new conviction in between.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Drug convictions under article 18 of title 18 that are eligible for sealing under § 24-72-706: petty offenses and misdemeanors after 7 years since the disposition of the case, felonies after 10 years (§ 13-3-117(1)(a)).","Other convictions eligible for sealing under § 24-72-706, except crimes listed in the Victim Rights Act: civil infractions after 4 years, petty offenses and misdemeanors after 7 years since final disposition, and felonies after 10 years from the later of final disposition or release from supervision (§ 13-3-117(1)(a.5)).","No intervening conviction during the waiting period, and every charge in the case has a final disposition (§ 13-3-117(1)(b)).","Non-drug felony convictions have been included in the lists since July 1, 2025 (§ 13-3-117(1)(d))."],"not_eligible":["Convictions that can't be sealed by motion under § 24-72-706, such as DUI and DWAI, class 1-3 felonies, crimes of violence, sex offenses and domestic violence (see the motion route below).","Non-drug convictions for crimes listed in the Victim Rights Act (§ 24-4.1-302(1)), which include assault, menacing, stalking, domestic violence, sexual offenses, robbery and first-degree burglary (§ 13-3-117(1)(a.5); 12th Judicial District clinic materials).","Convictions a district attorney objects to within 45 days because the plea agreement waived sealing, a charge is pending, there is an intervening conviction, or the conviction is ineligible (§ 13-3-117(3)(a)(I)).","For non-drug felonies, a district attorney may also object if it has a fact-based belief that the public interest and public safety outweigh your privacy interest; you then get notice and may ask for a hearing (§ 13-3-117(3)(a)(II), (IV))."],"waiting_periods":[{"record":"Civil infraction","wait":"4 years since final disposition","detail":null},{"record":"Petty offense or misdemeanor (including drug offenses)","wait":"7 years since final disposition","detail":"No intervening conviction during the 7 years."},{"record":"Drug felony","wait":"10 years since disposition","detail":"No intervening conviction during the 10 years."},{"record":"Other eligible felony","wait":"10 years from the later of final disposition or release from supervision","detail":"Included since July 1, 2025."}],"automatic":"yes","automatic_detail":"The state court administrator compiles eligible convictions every quarter (since July 1, 2024) and sends the lists to district attorneys, who have 45 days to object; civil infractions go straight to the courts with the final list. Courts then enter sealing orders within 14 days of receiving the final list, and the orders go to CBI electronically (§ 13-3-117(1)(d), (2), (3)). The statute required the convictions on the first list to be sealed by July 1, 2024 (§ 13-3-117(1)(c)).","how_to_file":["Nothing to file. To check whether a conviction was sealed under this law, use the Colorado Judicial Branch's Sealed Case Search; only the defendant may use it.","If a district attorney objects to a non-drug felony on public-interest grounds, the court mails you a notice and you may request a hearing (JDF 2363). The court then decides under the motion rules in § 24-72-706.","If you think a conviction should have been sealed automatically and wasn't, you can file a motion to seal under § 24-72-706; the court must waive the $65 processing fee in that case (§ 24-72-706(1)(h)(II))."],"where":"Automatic through the State Court Administrator's Office, district attorneys, district and county courts, and CBI.","forms":[{"name":"JDF 2363 - Request for a Hearing (automatic sealing)","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/request-hearing-automatic-sealing"}],"cost":{"filing_fee_usd":0,"detail":"No petition or fee.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"Lists are compiled quarterly; district attorneys have 45 days to object, and courts enter orders within 14 days after receiving the final list (§ 13-3-117).","statute":{"cite":"C.R.S. § 13-3-117","url":"https://olls.info/crs/crs2026-title-13.htm"},"sources":[{"url":"https://olls.info/crs/crs2026-title-13.htm","title":"Colorado Revised Statutes 2026, Title 13 (§ 13-3-117, State court administrator - automatic conviction sealing)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§§ 24-72-703, 24-72-706)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sealed-case","title":"Sealed Case Search","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/self-help/seal-my-case","title":"Seal My Case","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-04/Sealing%20Criminal%20Records%20-%20April%202025.pdf","title":"Sealing Criminal Records (clinic presentation, April 2025), list of Victim Rights Act crimes","publisher":"Colorado Judicial Branch, 12th Judicial District Access to Justice Committee","accessed":"2026-10-22"}]},{"id":"motion-seal-conviction","name":"Motion to seal a conviction (county or district court)","type":"sealing","effect":"The court orders the conviction records sealed, except basic identification information. Sealing does not vacate the conviction (C.R.S. § 24-72-703(2)(a)(II)). You may reply that public criminal records do not exist, and in answer to questions about sealed records you may say you have not been criminally convicted (§ 24-72-703(2)(b), (2)(d)(I)). Courts, police, prosecutors and agencies required by law to run criminal history checks can still see and use the record, and it is unsealed if you are convicted of a new crime (§ 24-72-703(2)(a)). Records are not destroyed (§ 24-72-703(4)).","covers":"Petty offenses, most misdemeanors, class 4, 5 and 6 felonies, and level 2, 3 and 4 drug felonies from a county or district court, except the excluded offenses below.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["You may file once the waiting period below has passed, counted from the later of the final disposition of the case or your release from supervision (§ 24-72-706(1)(b)).","Your Colorado criminal history (current within 20 days of filing) must show no criminal conviction since the case ended or since your release from supervision, whichever is later (§ 24-72-706(1)(c), (1)(f)).","All court-ordered restitution is paid, or the restitution order was vacated. Unpaid fines, court costs and fees don't count against you (§§ 24-72-706(1)(e), 24-72-703(12)(b)).","Petty offenses, drug petty offenses and marijuana possession: the court must seal once your criminal history shows no new conviction (§ 24-72-706(1)(f)(I)).","Class 2 or 3 misdemeanors and drug misdemeanors: the court must seal if the district attorney doesn't object, the offense isn't a Victim Rights Act crime, and you have no new conviction (§ 24-72-706(1)(f)(II)).","Class 1 misdemeanors, class 4-6 felonies and level 3-4 drug felonies: if the district attorney doesn't object and the offense isn't a Victim Rights Act crime, the court may grant the motion with or without a hearing. For all other eligible offenses, the court holds a hearing (§ 24-72-706(1)(f)(III)-(IV)).","At a hearing, the court weighs the harm to your privacy and the danger of unwarranted adverse consequences against the public interest, considering the severity of the offense, your criminal history, the number and dates of your convictions, and the government's need to keep the records (§ 24-72-706(1)(g)).","Narrow exception: a misdemeanor or petty offense on the excluded list may be sealed only if the district attorney consents, or if the court finds by clear and convincing evidence that your need is significant and substantial, you are no longer a threat to public safety, and public disclosure is no longer needed (§ 24-72-706(2)(b)). Felonies on the list can't use this exception.","Completing a veterans treatment program or a licensed substance use disorder treatment program in the case counts in your favor (§ 24-72-703(10), (10.5))."],"not_eligible":["Cases where the only charges were class 1 or 2 misdemeanor traffic offenses or class A or B traffic infractions (§§ 24-72-703(12)(c), 24-72-706(2)(a)).","DUI, DUI per se and DWAI convictions under § 42-4-1301(1) or (2), except through the misdemeanor exception above (§ 24-72-706(2)(a)(III)).","Convictions whose facts involved unlawful sexual behavior or domestic violence, and sexual offenses under part 4 of article 3 of title 18 (§ 24-72-706(2)(a)(IV), (VI)(E)-(F)).","Child abuse (§ 18-6-401), crimes of violence (§ 18-1.3-406), and felonies listed in the Victim Rights Act (§ 24-4.1-302(1)) (§ 24-72-706(2)(a)(V), (VI)(G)-(H)).","Class 1, 2 and 3 felonies and level 1 drug felonies, except some class 3 marijuana cultivation felonies under older law (§ 24-72-706(2)(a)(VI)(J)).","Sentences for extraordinary aggravating circumstances, extraordinary risk crimes, crimes involving a pregnant victim, or special drug offenders (§ 24-72-706(2)(a)(VI)(A)-(D)).","Felony animal cruelty (§ 18-9-202), identity theft (§ 18-5-902(1)), unlawful termination of pregnancy (§ 18-3.5-103(4)-(9)) and pandering (§ 18-7-203) (§ 24-72-706(2)(a)(VI)(I), (L)-(N)).","Any case where you still owe restitution, unless the order was vacated (§ 24-72-706(1)(e)).","A case with several convictions, unless every conviction in that case can be sealed (§ 24-72-703(12)(a)(I))."],"waiting_periods":[{"record":"Civil infraction, petty offense or drug petty offense","wait":"1 year","detail":"From the later of final disposition or release from supervision (§ 24-72-706(1)(b)(I))."},{"record":"Class 2 or 3 misdemeanor, any drug misdemeanor, or a level 4 drug felony under § 18-18-403.5(2.5)","wait":"2 years","detail":"From the later of final disposition or release from supervision (§ 24-72-706(1)(b)(II))."},{"record":"Class 1 misdemeanor, class 4, 5 or 6 felony, or level 3 or other level 4 drug felony","wait":"3 years","detail":"From the later of final disposition or release from supervision (§ 24-72-706(1)(b)(III))."},{"record":"All other eligible offenses (for example, level 2 drug felonies)","wait":"5 years","detail":"From the later of final disposition or release from supervision (§ 24-72-706(1)(b)(IV))."},{"record":"Second or later underage alcohol or marijuana possession conviction (§ 18-13-122(3))","wait":"1 year after the conviction","detail":"The court must grant it if you have no new conviction or pending charge for any felony, misdemeanor or petty offense in that year (§ 24-72-706(1)(b)(I.5))."},{"record":"First conviction for misrepresenting a service animal or assistance animal","wait":"3 years after the conviction","detail":"The court must seal it if there is no later conviction for the same offense (§ 24-72-706(1)(b)(III.3), (III.5))."}],"automatic":"no","automatic_detail":"Some older eligible convictions are now sealed automatically under § 13-3-117 (see the automatic sealing route).","how_to_file":["Check that your conviction can be sealed (JDF 612, section 5) and that your waiting period has passed (JDF 611).","Get your Colorado criminal history from CBI at cbirecordscheck.com. It must be current within 20 days of filing and must be filed with the motion or within 10 days after (§ 24-72-706(1)(c)). Some courts may ask for an FBI fingerprint-based report (JDF 611).","Fill out JDF 612 (Motion to Seal Conviction Records) and the captions of JDF 613, JDF 614 and JDF 615. List every agency with your records; CBI must be listed.","File in your criminal case and pay the $65 processing fee, or file JDF 205 (Motion to Waive Fees) and JDF 206.","Mail a copy of the motion to the prosecuting attorney's office.","The court may decide without a hearing or set one; you may take part in person or remotely by phone or video (§ 24-72-703(13)).","If the motion is granted, the court sends the order to the agencies you listed. You may also send a copy to private record holders such as background-check companies, which must remove the records (§ 24-72-703(8))."],"where":"The county or district court that handled the case; file the motion in the criminal case (§ 24-72-706(1)(a); JDF 611).","forms":[{"name":"JDF 611 - Guide to Sealing Conviction Records (single case)","url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF611.pdf"},{"name":"JDF 612 - Motion to Seal Conviction Records","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/motion-seal-conviction-records"},{"name":"JDF 615 - Order to Seal Conviction Records","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/order-seal-conviction-records"}],"cost":{"filing_fee_usd":65,"detail":"A $65 processing fee (§ 24-72-706(1)(h); Judicial Branch List of Fees). You also pay for your CBI criminal history report; CBI's name-based Internet check costs $6 (CBI fee schedule). Since July 1, 2024, CBI no longer charges a fee to seal records (CBI).","fee_waiver":"yes","fee_waiver_detail":"The court must waive the $65 fee if you are indigent, or if your records should have been sealed automatically (§ 24-72-706(1)(h)). A third waiver ground, for motions under the repealed psilocybin provision, was removed by SB 26-169 effective August 12, 2026. Ask by filing JDF 205 (Motion to Waive Fees) and JDF 206 (order) (JDF 611)."},"hearing":"sometimes","timeline":"Agencies generally seal records within 30 days of receiving the order (JDF 611). If a motion is denied, you generally must wait 12 months before filing again for the same case (§ 24-72-703(3); JDF 611).","statute":{"cite":"C.R.S. §§ 24-72-703, 24-72-706","url":"https://olls.info/crs/crs2026-title-24.htm"},"sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§§ 24-72-703, 24-72-706)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF611.pdf","title":"JDF 611 - Guide to Sealing Conviction Records (single case) (R: July 1, 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF612.pdf","title":"JDF 612 - Motion to Seal Conviction Records (R: July 1, 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://cbi.colorado.gov/records-background-checks/court-order-sealing-of-arrests","title":"Court Order Sealing of Arrests","publisher":"Colorado Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://cbi.colorado.gov/records-background-checks/fees-and-forms-information","title":"Fees and Forms Information","publisher":"Colorado Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://leg.colorado.gov/bill_files/43119/download","title":"House Bill 24-1133, signed act","publisher":"Colorado General Assembly","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/self-help/list-fees","title":"List of Fees (Motion to Seal Criminal Conviction, § 24-72-706, $65; published January 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://leg.colorado.gov/bills/SB26-169","title":"SB26-169 Revisor's Bill (section 36 repeals § 24-72-706(1)(h)(III); effective August 12, 2026)","publisher":"Colorado General Assembly","accessed":"2026-10-22"}]},{"id":"multiple-convictions-sealing","name":"Sealing multiple convictions","type":"sealing","effect":"Same effect as other conviction sealing orders under C.R.S. § 24-72-703(2): records are sealed except basic identification information, but remain available to courts, police, prosecutors and agencies required by law to run record checks.","covers":"Convictions in more than one case that can't be sealed under another route because of a later (intervening) conviction.","outcomes":["misdemeanor","felony"],"narrow":"People whose later convictions block other routes","eligible":["Each record would be eligible for sealing except for an intervening conviction (§ 24-72-709(1)(a)).","Waits are counted from the later of final disposition or release from supervision for the most recent conviction (§ 24-72-709(2)).","If the highest offense is a petty or drug petty offense, you may have no more than 5 convictions in separate cases; a class 2 or 3 misdemeanor or level 1 or 2 drug misdemeanor, no more than 4 previous convictions in separate cases; a class 1 misdemeanor, class 4-6 felony or drug felony, no more than 3 previous convictions in separate cases (§ 24-72-709(3)).","Your criminal history must show no conviction since the most recent case ended or your release from supervision, and restitution must be paid (§ 24-72-709(4)).","An excluded misdemeanor can be sealed with the district attorney's consent or a clear and convincing showing, but no more than one misdemeanor that is a Victim Rights Act crime can be sealed this way (§ 24-72-709(5)(b))."],"not_eligible":["The same offenses excluded from the single-case motion, including DUI and DWAI, class 1-3 felonies, level 1 drug felonies, crimes of violence, sexual offenses, domestic violence and child abuse (§ 24-72-709(5)(a)).","Underage alcohol or marijuana records handled under § 18-13-122(13) (§ 24-72-709(5)(c))."],"waiting_periods":[{"record":"Highest offense is a petty offense, drug petty offense or civil infraction","wait":"2 years","detail":"From the later of final disposition or release from supervision for the most recent conviction (§ 24-72-709(2)(a))."},{"record":"Highest offense is a misdemeanor, drug misdemeanor or level 4 drug felony","wait":"5 years","detail":"§ 24-72-709(2)(b)."},{"record":"Highest offense is a felony or drug felony","wait":"10 years","detail":"§ 24-72-709(2)(c)."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your CBI criminal history report and file within 20 days of it (JDF 640).","Fill out JDF 641 (Motion to Seal Multiple Conviction Records) and the captions of JDF 613, JDF 614 and JDF 642, listing every agency with records.","If all the cases are in the same jurisdiction, file one motion in one of the criminal cases and identify the other cases by name and number. If they are in different jurisdictions, file a motion in each one with copies of the others (§ 24-72-709(1)(a)).","Pay the processing fee or file JDF 205 and JDF 206, and mail a copy to each district attorney.","If the district attorney doesn't object and no Victim Rights Act crime is involved, the court may decide with or without a hearing (§ 24-72-709(4)(a))."],"where":"One of the criminal cases, if all are in the same jurisdiction; otherwise each jurisdiction with a conviction (§ 24-72-709(1)(a)).","forms":[{"name":"JDF 640 - Guide to Sealing Conviction Records (multiple cases)","url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF640.pdf"},{"name":"JDF 641 - Motion to Seal Multiple Conviction Records","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/motion-seal-multiple-conviction-records"},{"name":"JDF 642 - Order to Seal Multiple Conviction Records","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/order-seal-multiple-conviction-records"}],"cost":{"filing_fee_usd":65,"detail":"The statute requires 'the processing fee' without restating the amount (§ 24-72-709(4)(a)); the processing fee for a single-case motion is $65 (§ 24-72-706(1)(h)). The 12th Judicial District's clinic slides (April 2025) say the fee is $65 for motions filed in a criminal case after July 1, 2025; before then these were new civil cases with a $224 fee. The statewide guide says the clerk will tell you the fee, if any (JDF 640).","fee_waiver":"yes","fee_waiver_detail":"File JDF 205 (Motion to Waive Fees) and JDF 206 (order) if you can't afford the fee (JDF 640)."},"hearing":"sometimes","timeline":"Agencies generally seal records within 30 days of receiving the order (JDF 640).","statute":{"cite":"C.R.S. § 24-72-709","url":"https://olls.info/crs/crs2026-title-24.htm"},"sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§ 24-72-709)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF640.pdf","title":"JDF 640 - Guide to Sealing Conviction Records (multiple cases) (R: July 1, 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-04/Sealing%20Criminal%20Records%20-%20April%202025.pdf","title":"Sealing Criminal Records (clinic presentation, April 2025)","publisher":"Colorado Judicial Branch, 12th Judicial District Access to Justice Committee","accessed":"2026-10-22"}]},{"id":"municipal-conviction-sealing","name":"Sealing municipal (city court) convictions","type":"sealing","effect":"The municipal conviction records are sealed except basic identification information, with the same effect as other sealing orders under C.R.S. § 24-72-703(2). Sealing does not vacate the conviction, and a new conviction unseals it (JDF 682).","covers":"Convictions for municipal (city or town) ordinance violations.","outcomes":["misdemeanor"],"narrow":"Municipal (city) court convictions only","eligible":["3 years after the later of final disposition or release from supervision, if you have not been charged with or convicted of a felony, misdemeanor or misdemeanor traffic offense since then (§ 24-72-708(1), (3)(a)).","If you had one later conviction for a single offense that wasn't a felony and didn't involve domestic violence, unlawful sexual behavior or child abuse, you may file 10 years after the later case ended or your release from supervision, if you've had no felony, misdemeanor or misdemeanor traffic conviction since (§ 24-72-708(2), (3)(b)).","If the petition is sufficient, the court must grant it unless the prosecution objects; if it objects, the court sets a hearing within 42 days and weighs your privacy against the public interest (§ 24-72-708(5)).","Restitution must be paid; unpaid fines, costs and fees are not considered (§ 24-72-708(5)(d))."],"not_eligible":["Misdemeanor traffic offenses by holders of a commercial driver's license or learner's permit, or by commercial vehicle operators (§ 24-72-708(1)(b)).","Under the 10-year route, municipal assault or battery or any other municipal violation whose facts involve domestic violence (§ 24-72-708(2)(c)).","Cases where the only charges were class 1 or 2 misdemeanor traffic offenses or class A or B traffic infractions (§ 24-72-703(12)(c); JDF 682)."],"waiting_periods":[{"record":"Municipal conviction, no new charges or convictions since","wait":"3 years from the later of final disposition or release from supervision","detail":null},{"record":"Municipal conviction with one later non-felony conviction","wait":"10 years from the later case's final disposition or release from supervision","detail":"The later offense can't involve domestic violence, unlawful sexual behavior or child abuse (§ 24-72-708(2))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Collect case numbers, arrest numbers and the addresses of agencies with your records (JDF 682).","Get a CBI criminal history report run no more than 20 days before filing; file it with the petition or within 10 days after (JDF 682).","Fill out JDF 683 (Petition to Seal Municipal Conviction Records) and the captions of JDF 684, JDF 685 and JDF 686.","File in the municipal court case where you were convicted (you may instead file in the district court for that county), pay the filing fee, and give a copy to the prosecuting attorney (JDF 682).","If the prosecution objects, go to the hearing ready to explain why sealing should be granted."],"where":"Usually the municipal court case where you were convicted; you can also petition the district court in the same county (JDF 682).","forms":[{"name":"JDF 682 - How to Seal Municipal Conviction Records","url":"https://www.coloradojudicial.gov/sites/default/files/2024-08/JDF682.pdf"},{"name":"JDF 683 - Petition to Seal Municipal Conviction Records","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/petition-seal-municipal-conviction-records"}],"cost":{"filing_fee_usd":null,"detail":"You pay the filing fee required by law (§ 24-72-708(4)). The court guide says to check with the city or municipal court for any fees (JDF 682). The 12th Judicial District's clinic slides (April 2025) say a petition filed in district court instead is opened as a new civil case with a $224 filing fee; the Judicial Branch's statewide List of Fees has no line for municipal sealing petitions, so that figure is not confirmed statewide. The CBI report costs extra.","fee_waiver":"not_stated","fee_waiver_detail":"JDF 682 says to check with the municipal court about fee waiver forms. For a petition filed in district court, the clinic materials point to JDF 205 and JDF 206."},"hearing":"sometimes","timeline":"If the prosecution objects, the hearing is set within 42 days after the motion is filed; agencies generally seal within 30 days of receiving an order (§ 24-72-708(5)(b); JDF 682).","statute":{"cite":"C.R.S. § 24-72-708","url":"https://olls.info/crs/crs2026-title-24.htm"},"sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§ 24-72-708)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2024-08/JDF682.pdf","title":"JDF 682 - How to Seal Municipal Conviction Records (R: August 7, 2024)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/self-help/list-fees","title":"List of Fees (published January 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-04/Sealing%20Criminal%20Records%20-%20April%202025.pdf","title":"Sealing Criminal Records (clinic presentation, April 2025)","publisher":"Colorado Judicial Branch, 12th Judicial District Access to Justice Committee","accessed":"2026-10-22"}]},{"id":"trafficking-survivor-sealing","name":"Sealing for survivors of human trafficking","type":"sealing","effect":"The records are sealed with the same effect as other sealing orders under C.R.S. § 24-72-703(2).","covers":"Misdemeanor and municipal convictions, and prostitution charges or convictions, for offenses committed because the person was being trafficked.","outcomes":["no_conviction","misdemeanor"],"narrow":"Human trafficking survivors only","eligible":["Any misdemeanor or municipal code violation, at any time after conviction, if you show by a preponderance of the evidence that you were trafficked by another person to commit the offense (§ 24-72-707(1), (3)).","A prostitution charge or conviction (state or municipal) committed as a direct result of being a victim of human trafficking (§ 24-72-707(1.5)).","Official documentation from a federal, state, local or tribal agency that you were a trafficking victim at the time creates a presumption in your favor (§ 24-72-707(3)(b))."],"not_eligible":["Offenses listed in the Victim Rights Act (§ 24-4.1-302(1)) (§ 24-72-707(1)).","Felony convictions are not covered by this section's conviction route (§ 24-72-707(1)). A felony committed as a result of being trafficked may instead be vacated (see the vacatur route below)."],"waiting_periods":[{"record":"Eligible offense committed while trafficked","wait":"None (any time after conviction)","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Fill out JDF 612 (Motion to Seal Conviction Records), marking eligibility under § 24-72-707, and the captions of JDF 613, JDF 614 and JDF 615.","File in the criminal case and mail a copy to the prosecuting attorney.","Be ready to show that you were trafficked to commit the offense; government documentation helps."],"where":"The court where the conviction records are, in the criminal case (§ 24-72-707(1)).","forms":[{"name":"JDF 612 - Motion to Seal Conviction Records","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/motion-seal-conviction-records"}],"cost":{"filing_fee_usd":0,"detail":"No processing fee (§ 24-72-707(2)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"C.R.S. § 24-72-707","url":"https://olls.info/crs/crs2026-title-24.htm"},"sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§ 24-72-707)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF612.pdf","title":"JDF 612 - Motion to Seal Conviction Records (R: July 1, 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF611.pdf","title":"JDF 611 - Guide to Sealing Conviction Records (single case) (R: July 1, 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"}]},{"id":"trafficking-survivor-vacatur","name":"Vacating a conviction for survivors of human trafficking","type":"vacatur","effect":"The court vacates the conviction, which is then treated as vacated because of a substantive defect in the criminal proceedings. The court sends the order to CBI, which removes the conviction from your record, and you can then ask the court to seal the related records (C.R.S. § 18-1-410.7(3)(b), (5)).","covers":"State and municipal convictions, including felonies, for offenses committed as a result of being a victim of human trafficking, except crimes listed in the Victim Rights Act.","outcomes":["misdemeanor","felony"],"narrow":"Human trafficking survivors only","eligible":["The offense that led to the conviction was committed as a result of your being a victim of human trafficking (§ 18-1-410.7(1)(a)).","The route applies to all state and municipal convictions except crimes listed in the Victim Rights Act, § 24-4.1-302(1) (§ 18-1-410.7(1)(b)).","Official documentation is not required. Documentation from a federal, state, local or tribal government agency that you were a trafficking victim at the time of the offense creates a rebuttable presumption in your favor (§ 18-1-410.7(1)(d)).","The court vacates the conviction if it finds by clear and convincing evidence that the offense was committed as a result of your being a trafficking victim (§ 18-1-410.7(3)(a))."],"not_eligible":["Crimes listed in the Victim Rights Act, § 24-4.1-302(1) (§ 18-1-410.7(1)(b)).","A conviction where you raised a human trafficking affirmative defense at trial (§ 18-7-201.3 or § 18-3-504(2.5)) and were still convicted (§ 18-1-410.7(1)(c))."],"waiting_periods":[{"record":"Conviction for an offense committed as a result of being trafficked","wait":"No waiting period stated","detail":"The statute sets no waiting period or filing deadline (§ 18-1-410.7)."}],"automatic":"no","automatic_detail":null,"how_to_file":["File a motion to vacate the conviction with the court where you were convicted, and serve a copy on the district attorney's or municipal attorney's office that obtained the conviction (§ 18-1-410.7(1)(a)).","The prosecutor must respond within 35 days. If it opposes the motion or the court decides a hearing is needed, the court sets a hearing (§ 18-1-410.7(2)).","If the conviction is vacated, the court sends the order to CBI. To seal the other related records, file JDF 477 in the case (§ 18-1-410.7(5); JDF 477)."],"where":"The court where the conviction was obtained (§ 18-1-410.7(1)(a)).","forms":[{"name":"JDF 477 - Motion to Seal Non-Conviction Records (for sealing related records after a vacatur)","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/motion-seal-non-conviction-records"}],"cost":{"filing_fee_usd":null,"detail":"The statute sets no fee for the motion to vacate, and we found no court fee listing for it. Sealing the related records afterward under § 24-72-707 has no processing fee (§ 24-72-707(2)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The prosecutor must respond within 35 days after receiving the motion (§ 18-1-410.7(2)).","statute":{"cite":"C.R.S. § 18-1-410.7","url":"https://olls.info/crs/crs2026-title-18.htm"},"sources":[{"url":"https://olls.info/crs/crs2026-title-18.htm","title":"Colorado Revised Statutes 2026, Title 18 (§ 18-1-410.7, Vacating certain criminal convictions for victims of human trafficking, added by HB 24-1345, effective May 31, 2024)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF477.pdf","title":"JDF 477 - Motion to Seal Non-Conviction Records (R: July 1, 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§ 24-72-707)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"}]},{"id":"pardon-sealing","name":"Sealing after a pardon","type":"sealing","effect":"The pardoned conviction records are sealed with the same effect as other sealing orders under C.R.S. § 24-72-703(2).","covers":"Convictions for which the governor granted a full and unconditional pardon.","outcomes":["misdemeanor","felony"],"narrow":"Pardoned convictions only","eligible":["Any time after you receive a full and unconditional pardon (§ 24-72-710(1)).","The court must order the records sealed unless it finds by clear and convincing evidence that the public interest in access outweighs the harm to your privacy, the danger of adverse consequences, and the intent of the pardon (§ 24-72-710(3)).","The governor's class pardons for state convictions for possession of 2 ounces or less of marijuana were applied by CBI without an application (CBI)."],"not_eligible":["Pardons that are not full and unconditional (§ 24-72-710(1))."],"waiting_periods":[{"record":"Conviction with a full and unconditional pardon","wait":"None","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Fill out JDF 680 (motion) and the caption of JDF 681 (order).","File in the criminal case and give notice to the district attorney.","If the district attorney doesn't object and the offense isn't a Victim Rights Act crime, the court may decide with or without a hearing (§ 24-72-710(3))."],"where":"The court in the case where the conviction records exist (§ 24-72-710(1)).","forms":[{"name":"JDF 680 - Motion to Seal Conviction Record (pardoned)","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/motion-seal-conviction-record-pardoned"},{"name":"JDF 681 - Order to Seal Pardoned Conviction Records","url":"https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/order-seal-pardoned-conviction-records"}],"cost":{"filing_fee_usd":0,"detail":"No processing fee (§ 24-72-710(2)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"C.R.S. § 24-72-710","url":"https://olls.info/crs/crs2026-title-24.htm"},"sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§ 24-72-710)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/self-help/seal-my-case","title":"Seal My Case (Pardons / Conduct Now Lawful forms)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://cbi.colorado.gov/sections/biometric-identification-and-records-unit/marijuana-pardons","title":"Marijuana Pardons","publisher":"Colorado Bureau of Investigation","accessed":"2026-10-22"}]},{"id":"conduct-now-legal-sealing","name":"Sealing when the conduct is no longer a crime","type":"sealing","effect":"The conviction records are sealed with the same effect as other sealing orders, except that a later conviction does not unseal them (C.R.S. § 24-72-711(4)).","covers":"Convictions for conduct that a later change in state law made legal.","outcomes":["misdemeanor","felony"],"narrow":"Offenses that are no longer crimes","eligible":["You may file after the later of the final disposition of the case or your release from supervision (§ 24-72-711(1)).","The district attorney may object only if it has a good-faith belief that the conduct is still illegal. If there is no objection within 42 days, the court must seal the record regardless of other convictions on your record (§ 24-72-711(3)).","You don't need to submit a criminal history report (§ 24-72-711(4))."],"not_eligible":["Conduct that is still illegal when you file (§ 24-72-711(3))."],"waiting_periods":[{"record":"Conviction for conduct that is now legal","wait":"None after the case ends or supervision ends, whichever is later","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Confirm the conduct you were convicted of is no longer prohibited by statute, and get the addresses of every agency with your records (JDF 2370).","Fill out JDF 2371 (motion) and the caption of JDF 2374 (order) and file them in your criminal case. There is no filing fee.","Mail a copy of the motion to the prosecuting attorney's office."],"where":"The court in any case with a conviction record for the offense (§ 24-72-711(1)).","forms":[{"name":"JDF 2370 - Guide to Sealing Conviction Records (conduct no longer prohibited)","url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF2370.pdf"},{"name":"JDF 2371 - Motion","url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF2371.pdf"},{"name":"JDF 2374 - Order","url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF2374.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No fees or costs (§ 24-72-711(2); JDF 2370).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The district attorney has 42 days to object (§ 24-72-711(3)).","statute":{"cite":"C.R.S. § 24-72-711","url":"https://olls.info/crs/crs2026-title-24.htm"},"sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§ 24-72-711, added by HB 24-1133, effective July 1, 2025)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF2370.pdf","title":"JDF 2370 - Guide to Sealing Conviction Records (conduct no longer prohibited) (R: July 1, 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://leg.colorado.gov/bills/HB24-1133","title":"HB24-1133 Criminal Record Sealing & Expungement Changes","publisher":"Colorado General Assembly","accessed":"2026-10-22"}]},{"id":"mistaken-identity-expungement","name":"Expungement after an arrest based on mistaken identity","type":"expungement","effect":"The court orders the arrest and criminal records and the arresting agency's other records of the arrest expunged. You and criminal justice agencies may reply that no such records exist. Employers, schools and government agencies may not require you to disclose expunged records, and you may say the arrest never happened (C.R.S. § 24-72-702(3)-(4)).","covers":"Arrests made because of mistaken identity where no charges were filed.","outcomes":["no_conviction"],"narrow":"Arrests caused by mistaken identity only","eligible":["You were arrested because of mistaken identity and no charges were filed (§ 24-72-702(1)(a)).","Within 90 days after a law enforcement investigation finds the arrest was a mistaken identity, the arresting agency must petition the district court for expungement at no cost to you (§ 24-72-702(1)(b)).","If the agency doesn't file in time, you may file the petition yourself (§ 24-72-702(1)(b), as amended by HB 24-1133, effective July 1, 2025)."],"not_eligible":["Arrests where charges were filed; those follow the sealing routes instead (§ 24-72-702(1)(a))."],"waiting_periods":[{"record":"Arrest found to be mistaken identity, no charges","wait":"None","detail":"The court must order expungement within 90 days of receiving the petition (§ 24-72-702(1)(c))."}],"automatic":"some","automatic_detail":"The arresting agency must file the petition for you within 90 days after its investigation finds mistaken identity (§ 24-72-702(1)(b)).","how_to_file":["Ask the arresting agency whether it has petitioned for expungement.","If it hasn't within 90 days of its finding, file a petition in the district court for the judicial district where you were arrested.","Once the order is entered, give a copy to CBI, each record holder and any private record holders, which must remove the records (§ 24-72-702(2))."],"where":"The district court in the judicial district where the arrest happened (§ 24-72-702(1)(b)).","forms":[],"cost":{"filing_fee_usd":0,"detail":"No filing fee and no other fees or costs (§ 24-72-702(1)(b)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":"The court orders expungement within 90 days after receiving the petition (§ 24-72-702(1)(c)).","statute":{"cite":"C.R.S. § 24-72-702","url":"https://olls.info/crs/crs2026-title-24.htm"},"sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§ 24-72-702)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://leg.colorado.gov/bills/HB24-1133","title":"HB24-1133 Criminal Record Sealing & Expungement Changes","publisher":"Colorado General Assembly","accessed":"2026-10-22"}]},{"id":"order-of-collateral-relief","name":"Order of collateral relief","type":"certificate","effect":"Does not seal or erase the record. The court can relieve you of specific collateral consequences of a conviction, such as housing or employment barriers or other legal disqualifications that the court lists in the order. CBI notes the order in your criminal record (C.R.S. § 18-1.3-107(3), (7)). The court can later narrow or revoke it, for example after a new conviction (§ 18-1.3-107(6)).","covers":"Specific legal barriers that follow a conviction or deferred judgment, such as job, licensing or housing disqualifications.","outcomes":["diversion","misdemeanor","felony"],"narrow":null,"eligible":["You can ask at the time of conviction or any time after; the court can also act on its own (§ 18-1.3-107(1)).","A deferred judgment counts as a conviction for this purpose (§ 18-1.3-107(8)(c)).","The court may grant it if it is consistent with your rehabilitation and would improve your chances of reintegrating and is in the public interest (§ 18-1.3-107(6)(a))."],"not_eligible":["Anyone convicted of a crime of violence (§ 18-1.3-406), anyone required to register as a sex offender, and anyone convicted of a felony that caused serious bodily injury with permanent impairment (§ 18-1.3-107(4)(b)).","It can't remove barriers to Department of Education licensure or to jobs with the judicial branch, the Department of Corrections, the Division of Youth Services or any law enforcement agency (§ 18-1.3-107(4)(a))."],"waiting_periods":[{"record":"Any eligible conviction","wait":"None","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File an application in the criminal case stating the grounds, the relief you want and the specific collateral consequence, with a recent criminal history record check. After sentencing, the check must be a CBI fingerprint-based check (§ 18-1.3-107(2)).","Within 10 days, send a copy to the district attorney and to any licensing body involved, by certified mail or personal service (§ 18-1.3-107(2)(b)).","The court may hold a hearing and hear from victims and others (§ 18-1.3-107(5))."],"where":"The court that handled the criminal case (§ 18-1.3-107(1)).","forms":[],"cost":{"filing_fee_usd":null,"detail":"After sentencing, the filing fee required by law plus an additional $30 fee, and the cost of the CBI fingerprint-based check (§ 18-1.3-107(2)(c)).","fee_waiver":"yes","fee_waiver_detail":"The court must waive the filing fees if it finds you are indigent (§ 18-1.3-107(2)(c))."},"hearing":"sometimes","timeline":null,"statute":{"cite":"C.R.S. § 18-1.3-107","url":"https://olls.info/crs/crs2026-title-18.htm"},"sources":[{"url":"https://olls.info/crs/crs2026-title-18.htm","title":"Colorado Revised Statutes 2026, Title 18 (§ 18-1.3-107, Conviction - collateral relief)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"}]}],"clean_slate":{"status":"in_effect","effective":"2022-08-10","detail":"Colorado seals many records automatically under laws passed from 2019 to 2024. Since August 10, 2022 (Senate Bill 22-099), courts must seal cases that end in dismissal, acquittal, or completed diversion or deferred judgment at the time of disposition, and CBI seals them if the court doesn't (C.R.S. § 24-72-705). CBI automatically seals arrests made on or after January 1, 2022 when no charges are filed within a year, and is working through older no-charge arrests on a schedule ending January 1, 2027 (§ 24-72-704(2)). Under § 13-3-117, the courts began automatically sealing eligible convictions by July 1, 2024: civil infractions after 4 years, petty offenses and misdemeanors after 7 years, and drug felonies after 10 years, with no new conviction in between. Non-drug felonies (10 years) were added on July 1, 2025. Crimes listed in the Victim Rights Act and anything that can't be sealed by motion, such as DUI, are excluded, and district attorneys can object. A first underage alcohol or marijuana conviction is sealed once court-ordered substance education is done (§ 18-13-122(13)). HB 24-1133, effective July 1, 2025, added court sealing on a district attorney's notice for no-charge arrests and a backlog list of completed deferred judgments, acquittals and diversion cases with dispositions before August 2022 (§ 13-3-117(5)). Since May 21, 2026, SB 26-149 excludes charges dismissed because the defendant was found incompetent to proceed from non-conviction sealing (§ 24-72-705(1)(g)).","sources":[{"url":"https://olls.info/crs/crs2026-title-13.htm","title":"Colorado Revised Statutes 2026, Title 13 (§ 13-3-117)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§§ 24-72-704, 24-72-705)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://olls.info/crs/crs2026-title-18.htm","title":"Colorado Revised Statutes 2026, Title 18 (§ 18-13-122)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sealed-case","title":"Sealed Case Search","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://leg.colorado.gov/bills/HB24-1133","title":"HB24-1133 Criminal Record Sealing & Expungement Changes","publisher":"Colorado General Assembly","accessed":"2026-10-22"},{"url":"https://leg.colorado.gov/bills/SB26-149","title":"SB26-149 Pathways for Individuals with Mental Health Disorder (amends § 24-72-705(1)(g); effective May 21, 2026)","publisher":"Colorado General Assembly","accessed":"2026-10-22"}]},"marijuana":{"detail":"Colorado has no separate marijuana expungement law, but several routes apply. Under HB 20-1424, the governor pardoned state convictions for possession of 1 ounce or less (Executive Order C 2020 004, October 1, 2020) and 2 ounces or less (Executive Order C 2021 019, December 30, 2021). CBI applied these pardons itself, with no application needed; a pardoned conviction no longer appears on CBI's public background check, though licensing officials and police still see it with a pardon notation. CBI offers a free form to check whether a pardon was applied. The pardons don't cover municipal convictions, juvenile adjudications or Denver County Court convictions (CBI). A pardoned conviction can then be sealed by motion with no processing fee (C.R.S. § 24-72-710). Separately, on a motion to seal a marijuana possession conviction, the court must seal once your criminal history shows no conviction since the case ended (§ 24-72-706(1)(f)(I)), and convictions for conduct that later became legal can be sealed for free under § 24-72-711. A first underage alcohol or marijuana possession conviction is sealed as soon as court-ordered substance education is done (§ 18-13-122(13)). For psilocybin and other natural medicine, Senate Bill 25-297 let the governor pardon possession convictions, and CBI says an executive order was issued and applied.","sources":[{"url":"https://cbi.colorado.gov/sections/biometric-identification-and-records-unit/marijuana-pardons","title":"Marijuana Pardons","publisher":"Colorado Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://cbi.colorado.gov/sections/biometric-identification-and-records-unit/natural-medicine-pardons","title":"Natural Medicine Pardons","publisher":"Colorado Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§§ 24-72-706, 24-72-710, 24-72-711)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://olls.info/crs/crs2026-title-18.htm","title":"Colorado Revised Statutes 2026, Title 18 (§ 18-13-122)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Cases that end in a complete dismissal, acquittal on all counts, or completed diversion or deferred judgment with all counts dismissed are sealed automatically: the court orders sealing at disposition and CBI seals the record if the court doesn't (C.R.S. § 24-72-705). If that didn't happen, you can file JDF 477 in the case at no cost. Arrests that never led to charges are sealed automatically by CBI after 1 year for arrests since January 1, 2022 (longer for 2019-2021 arrests), and you can petition the district court to seal other agencies' records once the limitations period runs, you're no longer under investigation, or you completed diversion (§ 24-72-704). Cases with only traffic misdemeanor or infraction charges, competency dismissals (under §§ 16-8.5-109(4), 16-8.5-113 and 16-8.5-116 since SB 26-149 took effect May 21, 2026), and dismissals tied to a plea in another case are excluded or delayed (§§ 24-72-703(12), 24-72-705(1)(g)). Arrests caused by mistaken identity can be expunged at no cost (§ 24-72-702).","sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§§ 24-72-702 to 24-72-705)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-12/JDF491.pdf","title":"JDF 491 - Guide to Sealing Non-Conviction Records","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-08/JDF416.pdf","title":"JDF 416 - Guide to Sealing Arrest Records (No Charges Filed)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://leg.colorado.gov/bills/SB26-149","title":"SB26-149 Pathways for Individuals with Mental Health Disorder (amends § 24-72-705(1)(g); effective May 21, 2026)","publisher":"Colorado General Assembly","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"DUI, DUI per se and DWAI convictions (C.R.S. § 42-4-1301(1) or (2)) are on the list of convictions that can't be sealed by the normal motion or the multiple-conviction route, so they aren't sealed automatically either (§§ 24-72-706(2)(a)(III), 24-72-709(5)(a)(III), 13-3-117). The only route is a narrow exception: a misdemeanor that is otherwise excluded may be sealed only if the district attorney consents, or if the court finds by clear and convincing evidence that your need is significant and substantial, you are no longer a threat to public safety, and public disclosure is no longer needed (§ 24-72-706(2)(b)). Neither outcome is guaranteed. The Boulder County District Attorney's Office says DUI and DWAI convictions are eligible only on this basis. It consents only when all of its criteria are met: at least 7 years since the conviction, no injury to another person, a blood or breath test below 0.2, no other misdemeanor or felony charges in the case, completed substance treatment, no misdemeanor or felony convictions since, no more than one DUI or DWAI conviction, an updated driving history, and no current commercial driver's license. Other district attorneys may use different criteria. This exception covers misdemeanors and petty offenses only, so felony DUI isn't covered. A DUI case that ended in dismissal or acquittal falls under the non-conviction rules (§ 24-72-705). We did not confirm how sealing affects Division of Motor Vehicles driving records.","sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§§ 24-72-706, 24-72-709)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://olls.info/crs/crs2026-title-13.htm","title":"Colorado Revised Statutes 2026, Title 13 (§ 13-3-117)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://bouldercounty.gov/district-attorney/sealing-dui-cases/","title":"Sealing DUI Cases","publisher":"Boulder County District Attorney's Office (20th Judicial District)","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-07/JDF612.pdf","title":"JDF 612 - Motion to Seal Conviction Records (section 5, convictions not eligible)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"}]},"employers":{"detail":"Once records are sealed, employers, landlords, state and local agencies and others may not require you to disclose them in any application, interview or other way. You may leave sealed records out of answers to questions and may say you have not been criminally convicted, and an application may not be denied only because you refuse to disclose sealed records (C.R.S. § 24-72-703(2)(d)(I)). Exceptions: agencies and employers that are required by law to run criminal history checks may see and use sealed convictions for that purpose (§ 24-72-703(2)(a)), the state bar committee may ask about convictions it learns of, and licensed educators must tell the Department of Education about a pending petition to seal (§ 24-72-703(2)(d)(II)-(III)). Expunged mistaken-identity arrests get similar protection (§ 24-72-702(4)). Colorado's Chance to Compete Act covers private employers of all sizes since September 1, 2021 (11 or more employees since September 1, 2019): employers may not say in job ads or applications that people with criminal records can't apply, and may not ask about criminal history on the initial written or electronic application, though they may get a publicly available background report at any time. It doesn't apply where law bars people with certain records from the job, where law requires a background check, or for positions in programs to hire people with records. There's no private lawsuit; complaints go to the Colorado Department of Labor and Employment within 12 months, with penalties up to $2,500 (C.R.S. § 8-2-130). The Act does not cover state or local government employers.","sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (§§ 24-72-702, 24-72-703)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://olls.info/crs/crs2026-title-08.htm","title":"Colorado Revised Statutes 2026, Title 8 (§ 8-2-130, Colorado Chance to Compete Act)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"}]},"free_help":[{"name":"Colorado Judicial Branch: Seal My Case","url":"https://www.coloradojudicial.gov/self-help/seal-my-case","type":"court_self_help","detail":"Official guides and forms for every sealing route, including non-convictions, convictions, municipal cases, multiple cases, pardons and conduct that is now legal."},{"name":"Court Help Centers and Sherlocks (Judicial Legal Help Center)","url":"https://lawhelp.colorado.gov/court-help-centers","type":"court_self_help","detail":"Courthouse help centers staffed by Self-Represented Litigant Coordinators, who give free legal and procedural information, forms and referrals; some hold free clinics."},{"name":"Sealed Case Search","url":"https://www.coloradojudicial.gov/sealed-case","type":"court_self_help","detail":"Lets the defendant confirm whether a conviction was automatically sealed under § 13-3-117."},{"name":"Colorado Bureau of Investigation: record sealing","url":"https://cbi.colorado.gov/records-background-checks/court-order-sealing-of-arrests","type":"state_agency","detail":"Where sealing orders go, plus links to your own record check ($6 online) and the marijuana pardon lookup form."},{"name":"Colorado Legal Services","url":"https://www.coloradolegalservices.org/get-help/","type":"legal_aid","detail":"Statewide legal aid for people with low incomes; court clinic materials list it as a resource for record sealing. Apply to see if you qualify."}],"sources":[{"url":"https://olls.info/crs/crs2026-title-24.htm","title":"Colorado Revised Statutes 2026, Title 24 (Article 72, Part 7)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://olls.info/crs/crs2026-title-13.htm","title":"Colorado Revised Statutes 2026, Title 13 (§ 13-3-117)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://olls.info/crs/crs2026-title-18.htm","title":"Colorado Revised Statutes 2026, Title 18 (§§ 18-1.3-107, 18-13-122)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://olls.info/crs/crs2026-title-08.htm","title":"Colorado Revised Statutes 2026, Title 8 (§ 8-2-130)","publisher":"Colorado Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://content.leg.colorado.gov/agencies/office-legislative-legal-services/2026-crs-titles-download","title":"2026 CRS Titles for Download (current through the 2026 regular session)","publisher":"Colorado General Assembly, Office of Legislative Legal Services","accessed":"2026-10-22"},{"url":"https://leg.colorado.gov/bills/HB24-1133","title":"HB24-1133 Criminal Record Sealing & Expungement Changes","publisher":"Colorado General Assembly","accessed":"2026-10-22"},{"url":"https://leg.colorado.gov/bills/SB26-149","title":"SB26-149 Pathways for Individuals with Mental Health Disorder (amends § 24-72-705(1)(g); effective May 21, 2026)","publisher":"Colorado General Assembly","accessed":"2026-10-22"},{"url":"https://leg.colorado.gov/bills/SB26-169","title":"SB26-169 Revisor's Bill (repeals § 24-72-706(1)(h)(III); effective August 12, 2026)","publisher":"Colorado General Assembly","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/self-help/list-fees","title":"List of Fees (published January 2025)","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/self-help/seal-my-case","title":"Seal My Case","publisher":"Colorado Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.coloradojudicial.gov/sites/default/files/2025-04/Sealing%20Criminal%20Records%20-%20April%202025.pdf","title":"Sealing Criminal Records (clinic presentation, April 2025)","publisher":"Colorado Judicial Branch, 12th Judicial District Access to Justice Committee","accessed":"2026-10-22"},{"url":"https://cbi.colorado.gov/records-background-checks/court-order-sealing-of-arrests","title":"Court Order Sealing of Arrests","publisher":"Colorado Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://bouldercounty.gov/district-attorney/sealing-dui-cases/","title":"Sealing DUI Cases","publisher":"Boulder County District Attorney's Office","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"connecticut","code":"CT","name":"Connecticut","terms":["erasure","Clean Slate","absolute pardon","certificate of employability"],"summary":"Connecticut clears records through 'erasure.' Under the Clean Slate law, most misdemeanor convictions are erased automatically 7 years after a person's most recent conviction, and many lower-level felonies and DUIs after 10 years, if the offense happened in 2000 or later and all sentences are finished; older convictions can be erased by a free court petition. Dismissals, not-guilty findings and nolles (after 13 months) are erased automatically. Convictions that Clean Slate doesn't cover, such as more serious felonies, family violence and sex offenses, can be erased only through an absolute pardon from the Board of Pardons and Paroles.","remedies":[{"id":"clean-slate-automatic-erasure","name":"Clean Slate automatic erasure","type":"expungement","effect":"The police, court and prosecutor records of the conviction are erased. The clerk and law enforcement may not disclose an erased record to anyone except the person it is about, and the person 'shall be deemed to have never been arrested' for the erased proceedings 'and may so swear under oath' (Conn. Gen. Stat. § 54-142a(g)). The Governor's office explains that erasure flags records for nondisclosure rather than deleting them. Background-check companies that buy court data must delete erased records within 30 days of being told (§ 54-142e). Erasure does not end a duty to register on the state's sex offender or deadly weapon offender registries, a standing criminal protective order or unpaid fines, and those records stay available to police and prosecutors to enforce them (§ 54-142a(e)(7)-(9)). The Department of Motor Vehicles does not have to erase the conviction from a driving record (§ 54-142a(e)(6)).","covers":"Misdemeanors, class D and E felonies, unclassified felonies with a maximum of 5 years or less, motor vehicle violations with a maximum of 5 years or less, and DUI convictions, for offenses committed on or after January 1, 2000.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Misdemeanors and motor vehicle violations with a maximum possible sentence of 1 year or less (other than DUI): erased 7 years after the date of the person's most recent conviction (§ 54-142a(e)(1)(A)(i)).","Class D and E felonies, unclassified felonies with a maximum possible sentence of 5 years or less, motor vehicle violations with a maximum of more than 1 year and up to 5 years, and DUI under § 14-227a: erased 10 years after the date of the most recent conviction (§ 54-142a(e)(1)(A)(ii)).","The offense must have been committed on or after January 1, 2000 for automatic erasure; earlier offenses need a petition (§ 54-142a(e)(1)(A)).","The offense's class and maximum sentence are judged under the law in effect when it was committed (§ 54-142a(e)(1)(B)).","You must have finished any incarceration, parole (including special, medical or compassionate parole), transitional supervision and probation for this offense and for every other Connecticut conviction since January 1, 2000, and have no pending Connecticut criminal charge (§ 54-142a(e)(3)).","A cannabis possession conviction under § 21a-279(c) from before October 1, 2015 does not count as your most recent conviction when the waiting period is measured (§ 54-142a(e)(4)).","Misdemeanor convictions for offenses committed while under 18 between January 1, 2000 and July 1, 2012 (other than motor vehicle offenses) are erased without a waiting period (§ 54-142a(f))."],"not_eligible":["Class A, B and C felonies, and unclassified felonies or motor vehicle violations that could carry more than 5 years, even if the actual sentence was shorter (§ 54-142a(e)(1); JD-CR-202).","Family violence crimes, for convictions on or after January 1, 2000 (§ 54-142a(e)(2)(A)).","Nonviolent sexual offenses and sexually violent offenses as defined in § 54-250 (§ 54-142a(e)(2)(B)).","Convictions under the specific sections listed in § 54-142a(e)(2)(C), which New Haven Legal Assistance describes as certain pistol sales, some assault and strangulation offenses, sexual assault in the third degree, enticing a minor, certain burglary, stalking, voyeurism, incest, certain obscenity and child pornography offenses, certain weapons offenses, certain abuse offenses and sex offender registration offenses.","A DUI conviction if you were convicted of another DUI within the 10 years after it (§ 54-142a(e)(2)(D)).","In a case with several counts, records generally aren't erased until every count qualifies, though electronic records released to the public about an eligible charge are erased (§ 54-142a(i))."],"waiting_periods":[{"record":"Misdemeanor or motor vehicle violation (maximum 1 year or less), not DUI","wait":"7 years from your most recent conviction","detail":"Any new conviction restarts the clock, and all sentences must be complete (§ 54-142a(e))."},{"record":"Class D or E felony, unclassified felony (maximum 5 years or less), or DUI","wait":"10 years from your most recent conviction","detail":"DUI moved to the 10-year track in 2023 (P.A. 23-169 and 23-204, effective July 1, 2023)."}],"automatic":"yes","automatic_detail":"No petition or fee for offenses committed on or after January 1, 2000. The Department of Emergency Services and Public Protection (DESPP) runs the automated process with the Judicial Branch (§ 54-142t). If you think a conviction should have been erased but wasn't, send DESPP a current State Police criminal history (dated on or after January 1, 2024) and the Hearing for Clean Slate Erasure form; DESPP decides, holding a contested hearing if relief can't be granted right away (§ 54-142t(g), as amended by P.A. 25-161, effective July 1, 2025).","how_to_file":["Nothing to file. To check, search your name on the Judicial Branch's criminal case look-up; erased convictions no longer appear there, though New Haven Legal Assistance warns some older charges may not show up either way.","If an eligible conviction is still on your record, get a current State Police criminal history dated on or after January 1, 2024 (online, or by mail with form DPS-0846-C) and send it with the Hearing for Clean Slate Erasure form (DESPP-0847-C) to DESPP.cshearing@ct.gov, or by mail to DESPP, Attn: Legal Affairs, 1111 Country Club Road, Middletown, CT 06457. DESPP says a request without the criminal history is incomplete and will be denied.","DESPP audits the request and either confirms the erasure with no further action needed or schedules a Clean Slate erasure hearing (form DESPP-0847-C). If there is a hearing, DESPP gives you any records it will consider at least 15 days before it and a written decision within 15 days after it (§ 54-142t(g))."],"where":"Automatic through DESPP and the Judicial Branch; requests for review go to DESPP Legal Affairs in Middletown.","forms":[{"name":"Hearing for Clean Slate Erasure Form (DESPP-0847-C)","url":"https://portal.ct.gov/-/media/DESPP/CSP/SPBI/Clean-Slate/DESPP-CS-Hearing-Form.pdf"},{"name":"Criminal History Record Request Form (DPS-0846-C)","url":"https://portal.ct.gov/-/media/DESPP/files/dps-0846-c_criminal_history_record_request_form_rev_12-01-17.pdf"},{"name":"Eligible Offenses for Clean Slate Erasures (DESPP list)","url":"https://portal.ct.gov/-/media/DESPP/CSP/SPBI/Clean-Slate/EligibleCleanSlateStatute.pdf"}],"cost":{"filing_fee_usd":0,"detail":"Automatic erasure is free. If you need to ask DESPP for a review, you must include a State Police criminal history report, which costs $75 (form DPS-0846-C or the online request system; DESPP's rate notice effective October 1, 2026 keeps that fee). A $36 name search only says whether a record exists. Fingerprinting at a State Police location costs $15.","fee_waiver":"not_stated","fee_waiver_detail":"There is no erasure fee to waive. DESPP's general criminal history request form (DPS-0846-C) doesn't offer a fee waiver; a $75 waiver for indigence appears only on the pardon version of the form (DESPP-0846-C-2)."},"hearing":"sometimes","timeline":"Records are erased on a rolling basis once the waiting period passes. For review requests, DESPP must share the records it will use at least 15 days before any hearing and decide in writing within 15 days after it (§ 54-142t(g)).","statute":{"cite":"Conn. Gen. Stat. §§ 54-142a(e), 54-142t","url":"https://www.cga.ct.gov/current/pub/chap_961a.htm"},"sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_961a.htm","title":"Conn. Gen. Stat. Chapter 961a, Criminal Records (§§ 54-142a, 54-142c, 54-142e, 54-142t; revised to January 1, 2025)","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/2026/sup/chap_961a.htm","title":"Chapter 961a, 2026 Supplement (§ 54-142t as amended by P.A. 25-161)","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/cleanslate/clean-slate-eligibility","title":"Clean Slate eligibility","publisher":"State of Connecticut (Clean Slate program)","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/governor/news/press-releases/2023/12-2023/governor-lamont-announces-thousands-of-low-level-convictions-set-to-be-erased-over-the-next-month","title":"Governor Lamont Announces Thousands of Old, Low-Level Convictions Set To Be Automatically Erased (December 18, 2023)","publisher":"Office of Governor Ned Lamont","accessed":"2026-10-22"},{"url":"https://ctlawhelp.org/files/pamphlets/benefits_work/clean-slate-flyer-EN.pdf","title":"Connecticut's Clean Slate and Cannabis Erasure Laws (flyer, August 11, 2025)","publisher":"New Haven Legal Assistance Association, via CTLawHelp.org","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/-/media/despp/despp/forms/dps-846-c-2-crim-hist-req---pardon-revised-07-08-21.pdf","title":"Criminal History Request (Pardon), DESPP-0846-C-2 (rev. 07/08/21)","publisher":"Connecticut Department of Emergency Services and Public Protection","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/-/media/DESPP/files/dps-0846-c_criminal_history_record_request_form_rev_12-01-17.pdf","title":"State of Connecticut Criminal History Record Request Form, DPS-0846-C (rev. 12/01/17)","publisher":"Connecticut Department of Emergency Services and Public Protection","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/despp/-/media/despp-beta/pdf/reports-and-records/rate-change-information-notice.pdf","title":"State Police Bureau of Identification: Rate Change Effective October 1, 2026","publisher":"Connecticut Department of Emergency Services and Public Protection","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/-/media/DESPP/CSP/SPBI/Clean-Slate/DESPP-CS-Hearing-Form.pdf","title":"Hearing for Clean Slate Erasure, Convictions After 1/1/2000 (DESPP-0847-C, new 01/01/2024)","publisher":"Connecticut Department of Emergency Services and Public Protection","accessed":"2026-10-22"}]},{"id":"clean-slate-petition-pre-2000","name":"Clean Slate erasure by petition (offenses before 2000)","type":"expungement","effect":"Same effect as automatic Clean Slate erasure: records are erased, may not be disclosed except to you, and you are deemed never to have been arrested for those proceedings and may say so under oath (Conn. Gen. Stat. § 54-142a(g)). Registration duties, standing criminal protective orders and unpaid fines continue (§ 54-142a(e)(7)-(8)).","covers":"The same misdemeanors, lower-level felonies, motor vehicle violations and DUIs that Clean Slate covers, when the offense was committed before January 1, 2000.","outcomes":["misdemeanor","felony"],"narrow":"Offenses committed before January 1, 2000 only","eligible":["The offense was committed before January 1, 2000 and is a misdemeanor, a class D or E felony, an unclassified felony with a maximum of 5 years or less, or a motor vehicle violation with a maximum of 5 years or less (§ 54-142a(e)(1)(A); JD-CR-202).","No other conviction in the last 7 years (to erase a misdemeanor) or 10 years (to erase a felony or DUI) (§ 54-142a(e)(1)(A); JD-CR-202).","You have finished any incarceration, parole, special parole, transitional supervision and probation for these crimes and for any other Connecticut conviction since January 1, 2000, and have no pending Connecticut charges (§ 54-142a(e)(3); JD-CR-202)."],"not_eligible":["The same exclusions as automatic Clean Slate: sexual offenses, the sections listed in § 54-142a(e)(2)(C), a DUI followed by another DUI conviction within 10 years, and offenses that could carry more than 5 years. The family violence exclusion in § 54-142a(e)(2)(A) applies to convictions on or after January 1, 2000."],"waiting_periods":[{"record":"Misdemeanor (pre-2000 offense)","wait":"7 years from your most recent conviction","detail":null},{"record":"Class D or E felony, unclassified felony (maximum 5 years or less) or DUI (pre-2000 offense)","wait":"10 years from your most recent conviction","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Get a copy of your official criminal history from the State Police (form DPS-0846-C); the state's Clean Slate site says you must provide it with the petition.","Fill out the Petition for Clean Slate Erasure, Convictions Before 1/1/2000 (JD-CR-202), one form per docket number, and swear to it before a notary, commissioner of the Superior Court or clerk.","File it at the court location where you were sentenced. If that court has closed, the form and the state's site list where to file instead (for example, G.A. 13 at Enfield cases go to G.A. 14 at Hartford).","The court either orders erasure without a hearing or schedules a hearing."],"where":"The Superior Court location where you were sentenced (or its replacement location if that court closed).","forms":[{"name":"Petition for Clean Slate Erasure, Convictions Before 1/1/2000 (JD-CR-202)","url":"https://www.jud.ct.gov/webforms/forms/CR202.pdf"},{"name":"Criminal History Record Request Form (DPS-0846-C)","url":"https://portal.ct.gov/-/media/DESPP/files/dps-0846-c_criminal_history_record_request_form_rev_12-01-17.pdf"}],"cost":{"filing_fee_usd":0,"detail":"'No fee shall be charged in any court with respect to any petition under this section' (§ 54-142a(k)). The State Police criminal history report has its own fee: $75 on form DPS-0846-C (unchanged in DESPP's rate notice effective October 1, 2026), plus $15 if fingerprinted at a State Police location.","fee_waiver":"not_stated","fee_waiver_detail":"No court fee to waive. DESPP's general criminal history request form (DPS-0846-C) doesn't offer a fee waiver; a $75 waiver for indigence appears only on the pardon version of the form."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Conn. Gen. Stat. § 54-142a(e)(1)(A)(i)(II), (ii)(II)","url":"https://www.cga.ct.gov/current/pub/chap_961a.htm"},"sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_961a.htm","title":"Conn. Gen. Stat. § 54-142a","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/cleanslate/petition-for-clean-slate-erasure","title":"Petition for Clean Slate erasure","publisher":"State of Connecticut (Clean Slate program)","accessed":"2026-10-22"},{"url":"https://www.jud.ct.gov/webforms/forms/Flat/CR202_FLAT.pdf","title":"JD-CR-202, Petition for Clean Slate Erasure, Convictions Before 1/1/2000 (Rev. 11-23)","publisher":"Connecticut Judicial Branch","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/cleanslate/how-to-access-criminal-records","title":"How to access your criminal record","publisher":"State of Connecticut (Clean Slate program)","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/-/media/DESPP/files/dps-0846-c_criminal_history_record_request_form_rev_12-01-17.pdf","title":"State of Connecticut Criminal History Record Request Form, DPS-0846-C (rev. 12/01/17)","publisher":"Connecticut Department of Emergency Services and Public Protection","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/despp/-/media/despp-beta/pdf/reports-and-records/rate-change-information-notice.pdf","title":"State Police Bureau of Identification: Rate Change Effective October 1, 2026","publisher":"Connecticut Department of Emergency Services and Public Protection","accessed":"2026-10-22"}]},{"id":"non-conviction-erasure","name":"Automatic erasure of dismissals, not-guilty findings and nolles","type":"expungement","effect":"All police, court and prosecutor records of the charge are erased, and you are deemed never to have been arrested for it and may say so under oath (Conn. Gen. Stat. § 54-142a(a), (c), (g)). For 2 years after erasure, a crime victim may be told that the case was dismissed, and a victim bringing a civil suit can ask the court for more (§ 54-142c(b)).","covers":"Charges that were dismissed (including after completing a diversion program such as Accelerated Rehabilitation), ended in a not-guilty finding, or were nolled (dropped) at least 13 months ago.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["A not-guilty finding or dismissal: records are erased once the time to appeal runs out, or after an appeal upholds the result (§ 54-142a(a)).","A nolle (the prosecutor declined to go forward): records are erased once 13 months have passed since the nolle (§ 54-142a(c)(1)).","A charge continued at the prosecutor's request with no prosecution or other action for 13 months must be nolled if you file a motion, and is then erased the same way (§ 54-142a(c)(2)).","Charges dismissed after you complete Accelerated Rehabilitation are erased (§ 54-56e(f)), as are charges dismissed after the Pretrial Impaired Driving Intervention Program (§ 54-56r(k); § 54-142a(a)).","Older cases: for not-guilty findings and dismissals before October 1, 1969, and nolles before April 1, 1972, records are deemed erased by law, and you or your heirs may petition the court to have them erased (§ 54-142a(b), (c)(1))."],"not_eligible":["Not guilty by reason of mental disease or defect (§ 54-142a(a)).","In a multi-count case, records referring to more than one count generally stay until all counts qualify for erasure, though electronic records released to the public about the erased charge are erased (§ 54-142a(i))."],"waiting_periods":[{"record":"Dismissal or not guilty","wait":"Once the appeal period ends","detail":"§ 54-142a(a)."},{"record":"Nolle","wait":"13 months after the nolle","detail":"The Board of Pardons and Paroles also won't accept a pardon application until a nolle has cleared."}],"automatic":"yes","automatic_detail":"Erasure happens by law; no petition is needed for current cases. Older cases from before October 1, 1969 (not guilty or dismissed) or April 1, 1972 (nolled) are deemed erased, and you may petition the court if you want a formal order (§ 54-142a(b), (c)(1)).","how_to_file":["Nothing to file for current cases.","If a charge was continued at the prosecutor's request and nothing has happened for 13 months, file a motion asking the court to nolle it (§ 54-142a(c)(2)).","For very old cases, file a petition with the court that handled the case. No court fee may be charged (§ 54-142a(k))."],"where":"Automatic through the Superior Court clerk, which notifies law enforcement (§ 54-142a(g)).","forms":[],"cost":{"filing_fee_usd":0,"detail":"No fee; no fee may be charged for any petition under § 54-142a (§ 54-142a(k)). Diversion programs themselves have fees: Accelerated Rehabilitation has a $35 application fee and a $100 participation fee (§ 54-56e), and the impaired driving program has a $100 application fee and a $150 evaluation fee (§ 54-56r).","fee_waiver":"yes","fee_waiver_detail":"The court must waive Accelerated Rehabilitation fees for a person who files an affidavit of indigency and is found unable to pay, or who has a public defender (§ 54-56e(g))."},"hearing":"no","timeline":null,"statute":{"cite":"Conn. Gen. Stat. § 54-142a(a)-(c)","url":"https://www.cga.ct.gov/current/pub/chap_961a.htm"},"sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_961a.htm","title":"Conn. Gen. Stat. §§ 54-142a, 54-142c","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/current/pub/chap_960.htm","title":"Conn. Gen. Stat. § 54-56e, Accelerated pretrial rehabilitation","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/2026/sup/chap_960.htm","title":"Conn. Gen. Stat. § 54-56r, Pretrial impaired driving intervention program (2026 Supplement)","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/bopp/pardon-division/pardon/eligibility","title":"Pardon eligibility","publisher":"Connecticut Board of Pardons and Paroles","accessed":"2026-10-22"}]},{"id":"absolute-pardon","name":"Absolute pardon (erasure through the Board of Pardons and Paroles)","type":"pardon","effect":"If granted, an absolute pardon results in erasure of your Connecticut adult criminal record (Board of Pardons and Paroles). Records of a conviction pardoned on or after October 1, 1974 'shall be erased' (Conn. Gen. Stat. § 54-142a(d)(2)), with the same effect as other erasure: you are deemed never to have been arrested for those proceedings and may say so under oath (§ 54-142a(g)). Employers may not require you to disclose a pardoned, erased conviction (§ 31-51i(c)-(d)).","covers":"Any Connecticut conviction, including felonies, family violence and other offenses that Clean Slate does not erase. The Board looks at your entire criminal history.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Apply 3 years after the date of disposition of your most recent misdemeanor conviction, or 5 years after your most recent felony conviction (Board of Pardons and Paroles; § 54-130a(c), which also lets the Board accept earlier applications in extraordinary circumstances).","You can't be on probation, parole or any other supervision, or have pending charges or open cases in any state or federal court, or have a nolle from the last 13 months (Board of Pardons and Paroles).","The Board considers your whole criminal history; you can't ask to erase one offense and not another (Board of Pardons and Paroles).","People convicted of nonviolent offenses with no victim interest may get an expedited review without a hearing (Board of Pardons and Paroles)."],"not_eligible":["Out-of-state and federal convictions; the Board erases only Connecticut records.","The Board has discretion to deny; it weighs rehabilitation, the severity of the offense, victim input, the prosecutor's view, time since the last offense and whether erasure serves the public interest. It must give written reasons for a denial (§ 54-130a(h)). After a denial you generally wait 1 year to reapply."],"waiting_periods":[{"record":"Most recent conviction is a misdemeanor","wait":"3 years from the date of disposition","detail":"§ 54-130a(c) also covers violations."},{"record":"Most recent conviction is a felony","wait":"5 years from the date of disposition","detail":null},{"record":"Reapplying after a denial","wait":"Generally 1 year from the denial","detail":"The Board may set a longer wait."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your State Police criminal history (dated within 1 year of applying); the Board says you request and pay for it through the State Police's online Connecticut Criminal History Request System (CCHRS), with a fingerprint card from your local police department, and DESPP also has a pardon version of the paper request form. List every conviction from any jurisdiction, including ones not on the State Police report such as some DUI and reckless driving convictions.","Get a police incident report for each Connecticut conviction from the last 10 years, and reference questionnaires dated within 1 year.","Apply online through the Board of Pardons and Paroles ePardon portal; you have 6 months to finish the application once you start. A lawyer isn't required.","Staff check eligibility, run a background investigation and do a phone interview. Your application goes to an expedited review or a pre-screen review, and some applicants are scheduled for a full hearing, which you must attend virtually.","If the pardon is granted, the Board notifies the court and the records are erased."],"where":"Connecticut Board of Pardons and Paroles (online ePardon portal).","forms":[{"name":"Criminal History Request (Pardon), DESPP-0846-C-2","url":"https://portal.ct.gov/-/media/despp/despp/forms/dps-846-c-2-crim-hist-req---pardon-revised-07-08-21.pdf"}],"cost":{"filing_fee_usd":0,"detail":"The Board 'does not currently charge a fee to apply for a pardon.' The State Police charge $75 for the criminal history report and $15 for fingerprinting at a State Police location.","fee_waiver":"yes","fee_waiver_detail":"The $75 State Police fee can be waived for indigence by filing DESPP's Criminal History Record Fee Waiver Request and Affidavit with the request form; the $15 fingerprint fee can't be waived."},"hearing":"sometimes","timeline":"Varies with the number of applications; the Board, State Police, Probation and the Judicial Branch all review the record (Board of Pardons and Paroles).","statute":{"cite":"Conn. Gen. Stat. §§ 54-130a, 54-142a(d)","url":"https://www.cga.ct.gov/current/pub/chap_961.htm"},"sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_961.htm","title":"Conn. Gen. Stat. § 54-130a, Jurisdiction and authority of board to grant pardons and certificates of rehabilitation","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/current/pub/chap_961a.htm","title":"Conn. Gen. Stat. § 54-142a(d)","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/bopp/pardon-division/pardon/eligibility","title":"Pardon eligibility","publisher":"Connecticut Board of Pardons and Paroles","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/bopp/pardon-division/pardon/pardon-faqs","title":"Pardon FAQs","publisher":"Connecticut Board of Pardons and Paroles","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/-/media/despp/despp/forms/dps-846-c-2-crim-hist-req---pardon-revised-07-08-21.pdf","title":"Criminal History Request (Pardon), DESPP-0846-C-2","publisher":"Connecticut Department of Emergency Services and Public Protection","accessed":"2026-10-22"}]},{"id":"cannabis-erasure","name":"Cannabis conviction erasure","type":"expungement","effect":"Records are erased under § 54-142a. After automatic cannabis erasure, you may tell anyone other than a criminal justice agency that you were not arrested or convicted for the erased conviction (Conn. Gen. Stat. § 54-142u(h)). The Department of Motor Vehicles does not have to erase driving records (§ 54-142u(g)).","covers":"Cannabis possession convictions (automatic for 2000-2015), and by petition other possession of 4 ounces or less, cannabis paraphernalia, and small-scale sale or growing.","outcomes":["misdemeanor","felony"],"narrow":"Cannabis offenses only","eligible":["Automatic: convictions for possession under § 21a-279(c) entered on or after January 1, 2000 and before October 1, 2015 (§ 54-142u). The Governor's office reported 43,754 such convictions erased in early 2023.","By petition: possession of 4 ounces or less of cannabis under § 21a-279, for convictions before January 1, 2000 or from October 1, 2015 through June 30, 2021 (§ 54-142v(a)(1)(A)).","By petition: use or possession of drug paraphernalia for cannabis under § 21a-267(a), for convictions before July 1, 2021 (§ 54-142v(a)(1)(B)).","By petition: manufacturing, selling, possessing with intent to sell, or giving cannabis under § 21a-277(b), for convictions before July 1, 2021, if the amount was 4 ounces or less or six plants or fewer grown inside your own home for personal use (§ 54-142v(a)(1)(C))."],"not_eligible":["Larger amounts, and cannabis sale convictions above the 4-ounce or six-plant limit (§ 54-142v).","Records in a case with other counts stay until every count qualifies, except electronic records released to the public (§§ 54-142u(b), 54-142v(b))."],"waiting_periods":[{"record":"Any eligible cannabis conviction","wait":"None","detail":"Petitions have been accepted since 2022-2023 (the state's Clean Slate site gives both July 1, 2022 and January 1, 2023)."}],"automatic":"some","automatic_detail":"Possession convictions under § 21a-279(c) from January 1, 2000 to September 30, 2015 were erased automatically starting January 1, 2023. All other eligible cannabis convictions need a court petition.","how_to_file":["Get a copy of your arrest report from the police department that arrested you, or prepare a sworn affidavit, showing the amount was 4 ounces or less (or six home-grown plants or fewer), or that paraphernalia was only for cannabis (§ 54-142v(a)(2)).","Write a petition for erasure under § 54-142v (or § 54-142d); the state's Clean Slate site says there is no official form.","File it with the Superior Court location where you were convicted (or the location that now holds the records).","If the petition is in order, the court directs that the records be erased. The court may decide without a hearing or schedule one."],"where":"The Superior Court location where you were convicted, or the one with custody of the records.","forms":[],"cost":{"filing_fee_usd":0,"detail":"'No fee may be charged in any court with respect to any petition' under § 54-142v(a)(4).","fee_waiver":"not_stated","fee_waiver_detail":"No fee to waive."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Conn. Gen. Stat. §§ 54-142u, 54-142v","url":"https://www.cga.ct.gov/current/pub/chap_961a.htm"},"sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_961a.htm","title":"Conn. Gen. Stat. §§ 54-142u, 54-142v","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/cleanslate/cannabis-eligibility","title":"Cannabis eligibility","publisher":"State of Connecticut (Clean Slate program)","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/cleanslate/petition-for-cannabis-erasure","title":"Petition for Cannabis erasure","publisher":"State of Connecticut (Clean Slate program)","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/governor/news/press-releases/2023/12-2023/governor-lamont-announces-thousands-of-low-level-convictions-set-to-be-erased-over-the-next-month","title":"Governor Lamont press release (December 18, 2023)","publisher":"Office of Governor Ned Lamont","accessed":"2026-10-22"}]},{"id":"decriminalized-offense-erasure","name":"Erasure of a decriminalized offense","type":"expungement","effect":"The court 'shall immediately direct' that all police, court and prosecutor records of the offense be erased (Conn. Gen. Stat. § 54-142d).","covers":"A conviction for an offense that was decriminalized after the conviction.","outcomes":["misdemeanor","felony"],"narrow":"Offenses later decriminalized only","eligible":["You were convicted in a Connecticut court of an offense that was decriminalized after your conviction (§ 54-142d)."],"not_eligible":["Records referring to more than one count stay until all counts qualify, except electronic records released to the public (§ 54-142d)."],"waiting_periods":[{"record":"Decriminalized offense","wait":"None","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a petition for an order of erasure with the Superior Court location where you were convicted, or the location that now has the records (§ 54-142d)."],"where":"The Superior Court location where you were convicted, or the one with custody of the records.","forms":[],"cost":{"filing_fee_usd":null,"detail":"Section 54-142d doesn't state a fee; the no-fee rule in § 54-142a(k) covers petitions under § 54-142a.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":"The statute says the court shall 'immediately' direct erasure.","statute":{"cite":"Conn. Gen. Stat. § 54-142d","url":"https://www.cga.ct.gov/current/pub/chap_961a.htm"},"sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_961a.htm","title":"Conn. Gen. Stat. § 54-142d, Erasure of record of decriminalized offense","publisher":"Connecticut General Assembly","accessed":"2026-10-22"}]},{"id":"certificate-of-employability","name":"Certificate of Employability (provisional pardon or certificate of rehabilitation)","type":"certificate","effect":"A certificate relieves some or all legal barriers to jobs and state licenses that come from a conviction. It does not erase the record or excuse you from disclosing the conviction where required (Conn. Gen. Stat. § 54-130a(f)). No employer may deny you a job, fire you or discriminate against you solely because of a conviction covered by a provisional pardon or certificate of rehabilitation (§ 31-51i(e)-(f)). State agencies deciding on a job or license must consider the certificate, which creates a presumption that you are rehabilitated, and must give written reasons if they still deny you (§ 46a-80(c)). It does not apply to public office (§ 54-130e(b)) or to law enforcement jobs (§ 54-130e(a)(5)).","covers":"Convictions from any jurisdiction, for Connecticut residents, as relief for employment and licensing.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["A Connecticut resident convicted of a crime in Connecticut or another jurisdiction (§ 54-130e(a)(4)).","From the Court Support Services Division (CSSD): you have been under CSSD supervision, such as probation, for 6 months (Judicial Branch) (§ 54-108f).","From the Board of Pardons and Paroles: the law lets the Board issue a certificate at any time after sentencing (§ 54-130e(c)), but the Board's eligibility page says you can apply only after 90 days of parole or special parole supervision, or, if you have finished your sentence, after at least 90 days in the community with no new arrests. People on probation with more than 90 days left apply through their probation officer.","The board or CSSD must find that the certificate may promote rehabilitation through employment and is consistent with public safety, victim safety and protection of property (§ 54-130e(d))."],"not_eligible":["It does not erase or hide your record; for erasure you need Clean Slate or an absolute pardon (§ 54-130a(f); Judicial Branch).","The Board won't take an application from someone who is currently incarcerated or who had a case nolled in the last 13 months (Board of Pardons and Paroles).","A certificate issued while you are still incarcerated or supervised is temporary and can be revoked for a violation; it becomes permanent when you finish (§ 54-130e(g)). It can be revoked after a new conviction (§ 54-130e(k))."],"waiting_periods":[{"record":"CSSD certificate","wait":"After 6 months under CSSD supervision","detail":"Judicial Branch."},{"record":"Board of Pardons and Paroles certificate","wait":"After 90 days of parole supervision, or 90 days in the community after finishing your sentence","detail":"Board of Pardons and Paroles eligibility page; the statute allows issuance any time after sentencing (§ 54-130e(c))."}],"automatic":"no","automatic_detail":null,"how_to_file":["If you are on probation or other CSSD supervision, get the Application for Certificate of Employability (JD-AP-187) online or from your probation officer, and mail it to the Judicial Branch Court Support Services Division, Attn: Certificate Review Unit, 455 Winding Brook, Glastonbury, CT 06033 (certified mail recommended; no in-person filing).","Otherwise, apply to the Board of Pardons and Paroles through its online pardon portal."],"where":"Court Support Services Division (people under its supervision) or the Board of Pardons and Paroles.","forms":[{"name":"Application for Certificate of Employability (CSSD, JD-AP-187)","url":"https://www.jud.ct.gov/WebForms/forms/AP187.pdf"}],"cost":{"filing_fee_usd":0,"detail":"The Board of Pardons and Paroles says it does not charge an application fee; the CSSD page lists no fee.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Conn. Gen. Stat. §§ 54-130e, 54-108f","url":"https://www.cga.ct.gov/current/pub/chap_961.htm"},"sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_961.htm","title":"Conn. Gen. Stat. §§ 54-108f, 54-130a, 54-130e","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.jud.ct.gov/CSSD/cert_emp.htm","title":"Certificates of Employability","publisher":"Connecticut Judicial Branch, Court Support Services Division","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/bopp/pardon-division/pardon/coe-eligibility","title":"CoE Eligibility","publisher":"Connecticut Board of Pardons and Paroles","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/bopp/pardon-division/pardon/pardon-faqs","title":"Pardon FAQs","publisher":"Connecticut Board of Pardons and Paroles","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/current/pub/chap_557.htm","title":"Conn. Gen. Stat. § 31-51i","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/current/pub/chap_814c.htm","title":"Conn. Gen. Stat. § 46a-80","publisher":"Connecticut General Assembly","accessed":"2026-10-22"}]}],"clean_slate":{"status":"in_effect","effective":"2023-01-01","detail":"Connecticut's Clean Slate law (Public Act 21-32, effective January 1, 2023) automatically erases eligible convictions for offenses committed on or after January 1, 2000: misdemeanors 7 years after a person's most recent conviction, and class D and E felonies, unclassified felonies with a maximum of 5 years or less, and DUIs 10 years after the most recent conviction, once all incarceration, parole and probation are finished and no Connecticut charge is pending. Family violence crimes, sexual offenses and a list of specific offenses are excluded. Lawmakers amended it in 2022 and 2023, adding motor vehicle violations and moving DUI to the 10-year track effective July 1, 2023. Automatic cannabis possession erasures began January 1, 2023. The Governor's office announced in December 2023 that the automated system was live for about 178,499 convictions held by more than 80,000 people, and the state's Clean Slate site says erasures resumed after delays caused by aging data systems and data quality problems, with about 50,000 people's records partly or fully erased and more than 100,000 expected (the update is undated, and no official page we found says the rollout is complete). Since January 1, 2024, people whose records weren't erased can ask DESPP for a review (§ 54-142t(g), amended by P.A. 25-161 effective July 1, 2025). Offenses from before 2000 need a court petition. The Office of Legislative Research's June 2026 summary of new criminal justice laws lists no 2026 act changing erasure, Clean Slate or pardons.","sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_961a.htm","title":"Conn. Gen. Stat. §§ 54-142a, 54-142t, 54-142u (with history notes)","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/2026/sup/chap_961a.htm","title":"Chapter 961a, 2026 Supplement","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/governor/news/press-releases/2023/12-2023/governor-lamont-announces-thousands-of-low-level-convictions-set-to-be-erased-over-the-next-month","title":"Governor Lamont press release (December 18, 2023)","publisher":"Office of Governor Ned Lamont","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/cleanslate","title":"Clean Slate Connecticut","publisher":"State of Connecticut (Clean Slate program)","accessed":"2026-10-22"},{"url":"https://prdext3.cga.ct.gov/olr/Documents/year/AA/2026AA-0078_2026%20Acts%20Affecting%20Criminal%20Justice%20and%20Public%20Safety.pdf","title":"2026 Acts Affecting Criminal Justice and Public Safety (2026-R-0078, June 22, 2026)","publisher":"Connecticut Office of Legislative Research","accessed":"2026-10-22"}]},"marijuana":{"detail":"Cannabis possession convictions under § 21a-279(c) from January 1, 2000 through September 30, 2015 were erased automatically beginning January 1, 2023 (Conn. Gen. Stat. § 54-142u). Other cannabis convictions can be erased by a free court petition: possession of 4 ounces or less before 2000 or from October 1, 2015 through June 30, 2021; cannabis paraphernalia before July 1, 2021; and sale, manufacture or possession with intent to sell of 4 ounces or less, or six home-grown plants or fewer for personal use, before July 1, 2021 (§ 54-142v). The petition needs the arrest record or a sworn affidavit about the amount; the state says there is no official form. Pre-October 2015 possession convictions don't count as a 'most recent conviction' for Clean Slate waiting periods (§ 54-142a(e)(4)). Other decriminalized offenses can be erased by petition under § 54-142d.","sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_961a.htm","title":"Conn. Gen. Stat. §§ 54-142a(e)(4), 54-142d, 54-142u, 54-142v","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/cleanslate/petition-for-cannabis-erasure","title":"Petition for Cannabis erasure","publisher":"State of Connecticut (Clean Slate program)","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Dismissals and not-guilty findings are erased automatically once the appeal period ends, and nolles are erased automatically 13 months after the nolle (Conn. Gen. Stat. § 54-142a(a), (c)). A charge continued at the prosecutor's request with no action for 13 months must be nolled on the person's motion and then erased. Charges dismissed after diversion programs such as Accelerated Rehabilitation (§ 54-56e) or the Pretrial Impaired Driving Intervention Program (§ 54-56r) are erased. Not-guilty-by-reason-of-mental-disease findings are not erased. In a multi-count case where another count ended in a conviction, records mentioning several counts may not be erased until every count qualifies (§ 54-142a(i)). Employers may not ask about or require disclosure of erased records, and Connecticut law treats continuances more than 13 months old as erased information for anti-discrimination purposes (§§ 31-51i, 46a-80a).","sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_961a.htm","title":"Conn. Gen. Stat. § 54-142a","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/current/pub/chap_960.htm","title":"Conn. Gen. Stat. § 54-56e","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/current/pub/chap_814c.htm","title":"Conn. Gen. Stat. § 46a-80a","publisher":"Connecticut General Assembly","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"Yes, in many cases. A DUI conviction under § 14-227a is erased automatically under Clean Slate 10 years after the person's most recent conviction, if the offense happened on or after January 1, 2000, all sentences are complete and no charge is pending (Conn. Gen. Stat. § 54-142a(e)(1)(A)(ii)); pre-2000 DUIs can be erased by petition. A DUI is not erased if the person was convicted of another DUI within the 10 years after it (§ 54-142a(e)(2)(D)). These rules took effect July 1, 2023 (P.A. 23-169 and 23-204); the Governor's office said about 28,752 DUI convictions were expected to be erased by the end of March 2024. Erasure does not require the Department of Motor Vehicles to erase the conviction from a driving record, and DMV still reports it through the Commercial Driver's License Information System where applicable (§ 54-142a(e)(6)). For a pending DUI charge, the Pretrial Impaired Driving Intervention Program (§ 54-56r) can lead to dismissal and erasure, but DMV keeps a record of participation on the driving record for 10 years. The program isn't open to people who used it or the older alcohol education program in the last 10 years, have a prior DUI conviction, held a commercial license, or caused serious physical injury (unless good cause is shown). Accelerated Rehabilitation is not available for DUI (§ 54-56e(c)). An absolute pardon can also erase a DUI.","sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_961a.htm","title":"Conn. Gen. Stat. § 54-142a(e)","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/2026/sup/chap_960.htm","title":"Conn. Gen. Stat. § 54-56r (2026 Supplement)","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/current/pub/chap_960.htm","title":"Conn. Gen. Stat. § 54-56e","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/governor/news/press-releases/2023/12-2023/governor-lamont-announces-thousands-of-low-level-convictions-set-to-be-erased-over-the-next-month","title":"Governor Lamont press release (December 18, 2023)","publisher":"Office of Governor Ned Lamont","accessed":"2026-10-22"}]},"employers":{"detail":"Connecticut's fair-chance law covers private employers with at least one employee: an employer may not ask about arrests, charges or convictions on an initial job application unless a state or federal law requires it or the job requires a fidelity or security bond (Conn. Gen. Stat. § 31-51i(b); employer as defined in § 46a-80a), and may not ask about conviction information until the applicant has been found otherwise qualified, except for jobs a statute specifically disqualifies (§ 46a-80(b)). No employer may require anyone to disclose erased records, and application forms that ask about criminal history must say that applicants don't have to disclose erased records and may swear they were never arrested for them (§ 31-51i(c)-(d)). Employers may not deny a job, fire or discriminate solely because of an erased record or a conviction covered by a provisional pardon or certificate of rehabilitation (§ 31-51i(e)-(f)). Since January 1, 2023, discrimination based on erased records is a discriminatory practice in employment, housing, licensing, public accommodations and credit, enforced by the Commission on Human Rights and Opportunities (§§ 46a-80a to 46a-80m). State agencies and state licensing bodies may deny a job or license based on a conviction only after weighing its relationship to the job, rehabilitation and time passed, and must explain the rejection in writing (§ 46a-80(c)-(d)). Complaints go to the Labor Commissioner or the Commission on Human Rights and Opportunities, or to Superior Court (§ 31-51i(j)).","sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_557.htm","title":"Conn. Gen. Stat. § 31-51i","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/current/pub/chap_814c.htm","title":"Conn. Gen. Stat. §§ 46a-80, 46a-80a to 46a-80m","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/current/pub/chap_961a.htm","title":"Conn. Gen. Stat. § 54-142e","publisher":"Connecticut General Assembly","accessed":"2026-10-22"}]},"free_help":[{"name":"CTLawHelp.org: How to Clear Your Criminal Record","url":"https://ctlawhelp.org/en/criminal-records-reentry/expungement-pardon","type":"legal_aid","detail":"Statewide legal aid site with Clean Slate, cannabis erasure and pardon flyers in English and Spanish, and links to apply for free legal help."},{"name":"New Haven Legal Assistance Association","url":"https://ctlawhelp.org/files/pamphlets/benefits_work/clean-slate-flyer-EN.pdf","type":"legal_aid","detail":"Call 203-946-4811 about housing or job denials tied to a conviction that should have been erased; outside Greater New Haven, Statewide Legal Services at 800-453-3320."},{"name":"Clean Slate Connecticut","url":"https://portal.ct.gov/cleanslate","type":"state_agency","detail":"State site on Clean Slate and cannabis erasure eligibility, the pre-2000 petition, and how to request a DESPP review if a record wasn't erased."},{"name":"Board of Pardons and Paroles: Pardons","url":"https://portal.ct.gov/bopp/pardon-division/pardon/pardon-faqs","type":"state_agency","detail":"Eligibility, the ePardon application and answers about absolute pardons and Certificates of Employability; no application fee."},{"name":"Judicial Branch Law Libraries: Connecticut Law About Criminal Records","url":"https://www.jud.ct.gov/lawlib/law/criminal.htm","type":"court_self_help","detail":"Law librarians' guide to erasure statutes, forms and reports, with an Ask a Librarian service."}],"sources":[{"url":"https://www.cga.ct.gov/current/pub/chap_961a.htm","title":"Conn. Gen. Stat. Chapter 961a, Criminal Records","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/2026/sup/chap_961a.htm","title":"Chapter 961a, 2026 Supplement","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/current/pub/chap_961.htm","title":"Conn. Gen. Stat. Chapter 961 (§§ 54-108f, 54-130a, 54-130e)","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/current/pub/chap_557.htm","title":"Conn. Gen. Stat. § 31-51i","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://www.cga.ct.gov/current/pub/chap_814c.htm","title":"Conn. Gen. Stat. §§ 46a-80 to 46a-80m","publisher":"Connecticut General Assembly","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/cleanslate/clean-slate-eligibility","title":"Clean Slate eligibility","publisher":"State of Connecticut (Clean Slate program)","accessed":"2026-10-22"},{"url":"https://portal.ct.gov/bopp/pardon-division/pardon/pardon-faqs","title":"Pardon FAQs","publisher":"Connecticut Board of Pardons and Paroles","accessed":"2026-10-22"},{"url":"https://prdext3.cga.ct.gov/olr/Documents/year/AA/2026AA-0078_2026%20Acts%20Affecting%20Criminal%20Justice%20and%20Public%20Safety.pdf","title":"2026 Acts Affecting Criminal Justice and Public Safety","publisher":"Connecticut Office of Legislative Research","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"delaware","code":"DE","name":"Delaware","terms":["expungement","mandatory expungement","discretionary expungement","Clean Slate"],"summary":"Delaware clears records by expungement, which removes them from public view. Under its Clean Slate Act, since August 1, 2024 the State Bureau of Identification has been automatically expunging cases that ended in the person's favor, violations after 3 years, many misdemeanor and drug possession convictions after 5 years, and a few lower-level felonies after 10 years. Other misdemeanors and most felonies can be expunged by petitioning a court after 3 to 7 years, usually only if the person has no other convictions; violent felonies need a pardon first. DUI and most other motor vehicle (Title 21) offenses can't be expunged.","remedies":[{"id":"mandatory-automatic-expungement","name":"Mandatory expungement (automatic since August 2024)","type":"expungement","effect":"Expunged records are destroyed, segregated or placed in the custody of the State Bureau of Identification (SBI), which keeps control of them and makes sure they are not released; court records don't have to be destroyed but must be kept from public inspection (11 Del. C. §§ 4372(c)(4), (e), 4376(d)). The person is not required to disclose an expunged arrest or conviction, and should not be asked to, to anyone for any purpose, and courts and law enforcement answer inquiries from anyone outside law enforcement by saying there is no record (§§ 4372(d), (e)(4), 4376(e)). Exceptions: law enforcement can see the records when investigating particular criminal activity in which the person is a suspect, or when the person applies for a job with a law-enforcement agency; criminal justice agencies can check for prior diversion or probation before judgment; and the records are used for concealed-carry licensing, for sentencing after a later conviction, and for later pardon applications (§ 4376(a), (b), (h)). Fingerprints and photos from felony arrests don't have to be destroyed (§ 4376(c)). Opening or sharing an expunged record without a court order is a crime (§ 4376(f)). An expungement does not cancel an active protection-from-abuse order (§ 4372(j)).","covers":"Cases that ended in the person's favor, violation convictions, many misdemeanor and drug possession convictions, past marijuana possession, and a short list of lower-level felonies, once the waiting period has passed.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":null,"eligible":["Cases terminated in the person's favor: acquittal on all charges, a nolle prosequi or dismissal of all charges, completed probation before judgment with discharge, no charges filed within 1 year of the arrest, or a case 7 or more years old with no disposition (unless there is an active warrant or case activity in the last 12 months) (11 Del. C. §§ 4372(b), 4373(a)). No wait, and other convictions don't block this route (§ 4373(a)(1)).","One or more violations (not crimes) in the same case, 3 years after the conviction, even if the person has other convictions (§ 4373(a)(1)b).","Possession of marijuana (16 Del. C. § 4764) or drug paraphernalia (§ 4771), and underage possession or consumption of alcohol (4 Del. C. § 904(e) or (f)), with no waiting period stated (§ 4373(a)(1)c-d).","One or more misdemeanors (or misdemeanors plus violations) in the same case, 5 years after the conviction, if the person has no prior or subsequent convictions that bar expungement (§ 4373(a)(2)a).","Drug possession under 16 Del. C. § 4756, 5 years after the conviction, with no barring prior or subsequent convictions (§ 4373(a)(2)b).","These felonies only, 10 years after the conviction or release from incarceration, whichever is later: miscellaneous drug crimes (16 Del. C. § 4757), dealing in a counterfeit controlled substance (§ 4758), maintaining a drug property (§ 4760), possession of burglar's tools (11 Del. C. § 828), second-degree forgery (§ 861(b)(2)) and unlawful use of a payment card (§ 903) (§ 4373(a)(2)c).","A charge 7 or more years old with no recorded disposition is treated as dismissed, unless there is an active warrant or case activity in the last 12 months (§ 4373(a)(3)).","Convictions in other cases for underage alcohol, marijuana possession, drug paraphernalia or any Title 21 (motor vehicle) offense don't count against eligibility (§ 4372(g), (h)).","Every charge in the case must be eligible, and all fines, fees and restitution must be paid (§§ 4373(a), 4372(l))."],"not_eligible":["Anyone with pending criminal charges, other than certain underage alcohol, marijuana and Title 21 traffic charges (11 Del. C. § 4372(f)(1)).","Anyone currently serving a term of incarceration, parole or probation (§ 4372(f)(5)).","Title 21 offenses (motor vehicle offenses such as DUI), except that driving after judgment prohibited, reckless driving and operating a motor vehicle causing death can be expunged at the court's discretion (§§ 4372(f)(2), 4374(i)).","Convictions that can never be expunged: vehicular assault in the second degree, incest, unlawful sexual contact in the third degree, coercion and unlawfully dealing with a child (§ 4372(f)(3)).","Crimes of domestic violence, offenses where the victim was a child or a vulnerable adult, and a list of misdemeanors including sexual harassment, indecent exposure, resisting arrest, hate crimes and certain weapons offenses (§ 4373(b)). Some of these can be expunged at a court's discretion after 7 years.","A case with any charge that isn't eligible, such as a DUI conviction (§ 4373(a); Cornette v. State, 2026)."],"waiting_periods":[{"record":"Case terminated in the person's favor (acquittal, dismissal, nolle prosequi, completed probation before judgment)","wait":"None","detail":"Also covers arrests with no charges filed within 1 year and cases 7 or more years old with no disposition (§ 4372(b))."},{"record":"Violation convictions in one case","wait":"3 years from the conviction","detail":"§ 4373(a)(1)b."},{"record":"Marijuana or paraphernalia possession; underage alcohol","wait":"None stated","detail":"§ 4373(a)(1)c-d."},{"record":"Misdemeanor convictions in one case (not on the § 4373(b) list)","wait":"5 years from the conviction","detail":"No prior or subsequent convictions that bar expungement (§ 4373(a)(2)a)."},{"record":"Drug possession (16 Del. C. § 4756)","wait":"5 years from the conviction","detail":"§ 4373(a)(2)b."},{"record":"Listed lower-level felonies","wait":"10 years from the conviction or release from incarceration, whichever is later","detail":"§ 4373(a)(2)c."}],"automatic":"yes","automatic_detail":"Since August 1, 2024, the SBI identifies eligible cases each month and expunges them without an application (11 Del. C. § 4373A; Clean Slate Act, 83 Del. Laws c. 265). If a case hasn't been expunged automatically, you can still apply to the SBI (§ 4373A(d)). The law gives no right to damages if the SBI misses a case (§ 4373A(e)), and it doesn't require the SBI to notify the person.","how_to_file":["Nothing to file for automatic expungement. To check whether a case was expunged, or to apply if it wasn't, request your certified Delaware criminal history through the State Bureau of Identification's expungement service (service code 27S23V; $72; you are fingerprinted at an SBI or IdentoGO location). The Superior Court says the report expires after 45 days.","The SBI sends a letter, usually within 2 weeks, saying whether you qualify for mandatory expungement or need to petition a court for discretionary expungement (Superior Court instructions).","If you qualify, sign and return the paperwork within 30 days with a $75 money order payable to the Delaware State Police (Delaware State Police)."],"where":"Delaware State Police, State Bureau of Identification.","forms":[{"name":"Obtaining a Certified Criminal History (SBI; expungement service)","url":"https://dsp.delaware.gov/obtaining-a-certified-criminal-history/?aria=true&print=pdf"},{"name":"Expungement Instructions (Superior Court, CIV_EXP_07_A)","url":"https://courts.delaware.gov/Forms/Download.aspx?id=118768"}],"cost":{"filing_fee_usd":0,"detail":"No fee is mentioned for automatic expungement (83 Del. Laws c. 265). The statute lets the SBI set a reasonable fee schedule (§ 4373(e)); if you apply yourself, the State Police list a $72 initial fee for the certified criminal history and a $75 money order with the signed mandatory expungement paperwork. Unpaid fines, fees and restitution from the conviction must be paid first; a court may waive them only if they went unpaid for reasons other than wilful noncompliance (§ 4372(l)).","fee_waiver":"not_stated","fee_waiver_detail":"We found no waiver of the $72 or $75 fees for applications to the SBI."},"hearing":"no","timeline":"Automatic review runs monthly. If you apply, the SBI answers in about 2 weeks after your criminal history request (Superior Court instructions).","statute":{"cite":"11 Del. C. §§ 4372, 4373, 4373A","url":"https://delcode.delaware.gov/title11/c043/sc07/"},"sources":[{"url":"https://delcode.delaware.gov/title11/c043/sc07/","title":"11 Del. C. ch. 43, subch. VII, Adult Expungements (§§ 4371-4377)","publisher":"Delaware Code Online (Delaware General Assembly)","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/SessionLaws/Chapter/GetPdfDocument?fileAttachmentId=448536","title":"Laws of Delaware vol. 83, ch. 265 (Senate Bill 111, Clean Slate Act), approved Nov. 8, 2021","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/BillDetail/58583","title":"Senate Bill 112 (151st General Assembly), bill detail (83 Del. Laws c. 266)","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/BillDetail/109589","title":"House Bill 447 (151st General Assembly), bill detail (83 Del. Laws c. 418)","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://dsp.delaware.gov/obtaining-a-certified-criminal-history/?aria=true&print=pdf","title":"Obtaining a Certified Criminal History (including expungement service)","publisher":"Delaware State Police, State Bureau of Identification","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Forms/Download.aspx?id=118768","title":"Expungement Instructions (CIV_EXP_07_A, updated 10/4/2024)","publisher":"Delaware Superior Court","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Opinions/Download.aspx?id=391280","title":"Cornette v. State, No. 505, 2024 (Del. Feb. 5, 2026)","publisher":"Delaware Supreme Court","accessed":"2026-10-22"}]},{"id":"discretionary-expungement","name":"Discretionary expungement (court petition)","type":"expungement","effect":"Expunged records are destroyed, segregated or placed in the custody of the State Bureau of Identification (SBI), which keeps control of them and makes sure they are not released; court records don't have to be destroyed but must be kept from public inspection (11 Del. C. §§ 4372(c)(4), (e), 4376(d)). The person is not required to disclose an expunged arrest or conviction, and should not be asked to, to anyone for any purpose, and courts and law enforcement answer inquiries from anyone outside law enforcement by saying there is no record (§§ 4372(d), (e)(4), 4376(e)). Exceptions: law enforcement can see the records when investigating particular criminal activity in which the person is a suspect, or when the person applies for a job with a law-enforcement agency; criminal justice agencies can check for prior diversion or probation before judgment; and the records are used for concealed-carry licensing, for sentencing after a later conviction, and for later pardon applications (§ 4376(a), (b), (h)). Fingerprints and photos from felony arrests don't have to be destroyed (§ 4376(c)). Opening or sharing an expunged record without a court order is a crime (§ 4376(f)). An expungement does not cancel an active protection-from-abuse order (§ 4372(j)).","covers":"Misdemeanors and most felonies that don't qualify for mandatory expungement, including people with convictions in more than one case, after a 3-, 5- or 7-year wait.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["One or more misdemeanors in the same case (not on the § 4373(b) list), 3 years after the conviction or release from incarceration, whichever is later, with no prior or subsequent convictions (11 Del. C. § 4374(a)(1)).","One or more misdemeanors on the § 4373(b) list (such as domestic violence or offenses against a child), 7 years after the conviction or release, with no prior or subsequent convictions (§ 4374(a)(2)).","A felony, 7 years after the conviction or release, with no prior or subsequent convictions, unless the felony is excluded (§ 4374(a)(3)).","Violations or misdemeanors (not on the § 4373(b) list) in more than one case, 5 years after the most recent conviction or release, if the person has no other convictions that wouldn't qualify for mandatory expungement on their own and every charge in each case is eligible (§ 4374(a)(4); HB 447, 2022).","Convictions for underage alcohol, marijuana possession, drug paraphernalia or a Title 21 (motor vehicle) offense don't count as prior or subsequent convictions for these routes (§ 4372(g), (h)).","The person must show that keeping and possibly sharing the record is a 'manifest injustice' to them, by a preponderance of the evidence (§ 4374(f)).","All fines, fees and restitution must be paid; if they are unpaid for reasons other than wilful noncompliance, the court may grant the expungement and waive them or turn them into a civil judgment (§ 4372(l))."],"not_eligible":["Anyone with pending criminal charges, other than certain underage alcohol, marijuana and Title 21 traffic charges (11 Del. C. § 4372(f)(1)).","Anyone currently serving a term of incarceration, parole or probation (§ 4372(f)(5)).","Title 21 offenses (motor vehicle offenses such as DUI), except that driving after judgment prohibited, reckless driving and operating a motor vehicle causing death can be expunged at the court's discretion (§§ 4372(f)(2), 4374(i)).","Convictions that can never be expunged: vehicular assault in the second degree, incest, unlawful sexual contact in the third degree, coercion and unlawfully dealing with a child (§ 4372(f)(3)).","Violent felonies listed in 11 Del. C. § 4201(c), and convictions under 16 Del. C. § 1136, 31 Del. C. § 3913, or felonies involving physical or sexual assault crimes as defined in 31 Del. C. § 309 (§ 4374(b)). A pardon is the only route for most of these.","A felony committed after an earlier felony expungement was granted, and any conviction if the person was granted an expungement of a prior conviction in the previous 10 years (§ 4372(f)(4))."],"waiting_periods":[{"record":"Misdemeanors in one case (not on the § 4373(b) list)","wait":"3 years from conviction or release from incarceration, whichever is later","detail":"No prior or subsequent convictions (§ 4374(a)(1))."},{"record":"Misdemeanors on the § 4373(b) list","wait":"7 years from conviction or release","detail":"§ 4374(a)(2)."},{"record":"Felony (not excluded)","wait":"7 years from conviction or release","detail":"No prior or subsequent convictions (§ 4374(a)(3))."},{"record":"Violations or misdemeanors in more than one case","wait":"5 years from the most recent conviction or release","detail":"§ 4374(a)(4), added by HB 447 (83 Del. Laws c. 418, 2022)."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your certified Delaware criminal history from the State Bureau of Identification ($72). The court will reject a petition without it, and the report expires after 45 days (§ 4374(e); Superior Court instructions).","Fill out the petition (Superior Court form CIV_EXP_02_A or Family Court Form 281) and the proposed order (CIV_EXP_04_A or Form 283). Explain why keeping the record causes you hardship (manifest injustice). You must sign the petition in front of a notary: the Prothonotary's clerk notarizes it if you file in person, and you have it notarized first if you file by mail (Superior Court instructions).","File in Superior Court in the county where your most recent case ended, or in Family Court if all of your cases were in Family Court. Superior Court filings go to the Prothonotary's Office in person or by mail, with the proposed order, the SBI's cover letter and your certified criminal history (no older than 45 days), one copy of everything, and the $75 filing fee.","The Attorney General's office has 120 days to respond, and must contact any victim of the crime to ask their position and include it in its answer (§ 4374(e); notice procedures revised by 85 Del. Laws c. 142, effective August 20, 2025). If the state objects, you have 30 days to reply.","The court usually decides on the papers and holds a hearing only if it finds one necessary."],"where":"Superior Court in the county where your most recent case was terminated, or Family Court if all dispositions were in Family Court (11 Del. C. § 4374(c)).","forms":[{"name":"A Guide to Expungement of Adult Record (Superior Court, CIV_EXP_06_A)","url":"https://www.courts.delaware.gov/forms/download.aspx?id=118548"},{"name":"Expungement Instructions (Superior Court, CIV_EXP_07_A)","url":"https://courts.delaware.gov/Forms/Download.aspx?id=118768"},{"name":"Adult Expungement Instruction Packet, with Form 281 petition and Form 283 order (Family Court, 1021IP)","url":"https://courts.delaware.gov/Forms/Download.aspx?id=118608"}],"cost":{"filing_fee_usd":75,"detail":"The Superior Court filing fee is $75, payable to the State of Delaware (Superior Court instructions, 10/4/2024). The certified criminal history you must attach costs $72. The law lets Superior Court and Family Court set their own fee schedules (§ 4374(j)).","fee_waiver":"not_stated","fee_waiver_detail":"We found no official statement on waiving the $75 filing fee for expungement petitions. Separately, the court may waive unpaid fines and fees from the conviction itself if they weren't paid for reasons other than wilful noncompliance, but you must ask for this (§ 4372(l); Superior Court guide)."},"hearing":"sometimes","timeline":"The Attorney General has 120 days from filing to answer, and you have 30 days to reply to an answer; the court then decides (Superior Court guide).","statute":{"cite":"11 Del. C. § 4374","url":"https://delcode.delaware.gov/title11/c043/sc07/"},"sources":[{"url":"https://delcode.delaware.gov/title11/c043/sc07/","title":"11 Del. C. ch. 43, subch. VII, Adult Expungements (§§ 4371-4377)","publisher":"Delaware Code Online (Delaware General Assembly)","accessed":"2026-10-22"},{"url":"https://www.courts.delaware.gov/forms/download.aspx?id=118548","title":"A Guide to Expungement of Adult Record (CIV_EXP_06_A, updated 06/13/2024)","publisher":"Delaware Superior Court","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Forms/Download.aspx?id=118768","title":"Expungement Instructions (CIV_EXP_07_A, updated 10/4/2024)","publisher":"Delaware Superior Court","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Forms/Download.aspx?id=118608","title":"1021IP Adult Expungement Instruction Packet (Rev 10/23)","publisher":"Family Court of the State of Delaware","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/BillDetail/109589","title":"House Bill 447 (151st General Assembly), bill detail (83 Del. Laws c. 418)","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/BillDetail/142220","title":"Senate Substitute 1 for Senate Bill 17 (153rd General Assembly), bill detail (85 Del. Laws c. 142)","publisher":"Delaware General Assembly","accessed":"2026-10-22"}]},{"id":"expungement-after-pardon","name":"Expungement after a pardon","type":"expungement","effect":"Expunged records are destroyed, segregated or placed in the custody of the State Bureau of Identification (SBI), which keeps control of them and makes sure they are not released; court records don't have to be destroyed but must be kept from public inspection (11 Del. C. §§ 4372(c)(4), (e), 4376(d)). The person is not required to disclose an expunged arrest or conviction, and should not be asked to, to anyone for any purpose, and courts and law enforcement answer inquiries from anyone outside law enforcement by saying there is no record (§§ 4372(d), (e)(4), 4376(e)). Exceptions: law enforcement can see the records when investigating particular criminal activity in which the person is a suspect, or when the person applies for a job with a law-enforcement agency; criminal justice agencies can check for prior diversion or probation before judgment; and the records are used for concealed-carry licensing, for sentencing after a later conviction, and for later pardon applications (§ 4376(a), (b), (h)). Fingerprints and photos from felony arrests don't have to be destroyed (§ 4376(c)). Opening or sharing an expunged record without a court order is a crime (§ 4376(f)). An expungement does not cancel an active protection-from-abuse order (§ 4372(j)).","covers":"Convictions that aren't otherwise eligible, including most violent felonies, once the Governor has granted an unconditional pardon.","outcomes":["misdemeanor","felony"],"narrow":"People with an unconditional pardon from the Governor","eligible":["A person who has been unconditionally pardoned by the Governor may ask the court for a discretionary expungement, using the same court procedures as other discretionary petitions (11 Del. C. § 4375(a)).","Eligibility is decided charge by charge: a Title 21 charge (such as DUI) in the same case doesn't automatically block expungement of an eligible pardoned conviction, and the court may expunge only the records of the pardoned conviction (Cornette v. State, Del. 2026).","The general exclusions in § 4372(f) and the Title 21 bar in § 4374(i) don't apply to this route; the only crimes excluded are those listed in § 4375(b) (Cornette v. State, Del. 2026).","The person must still show manifest injustice, and a non-expunged conviction in the same case may be weighed in that decision (§§ 4374(f), 4375(a); Gieck v. State, Del. 2026)."],"not_eligible":["Manslaughter, first- and second-degree murder, first- and second-degree rape, and first-degree sexual abuse of a child by a person in a position of trust, even after a pardon (§ 4375(b)).","A DUI conviction that wasn't itself pardoned stays ineligible, even when pardoned convictions in the same case are expunged (Gieck v. State, Del. 2026)."],"waiting_periods":[{"record":"Pardoned conviction","wait":"None after the pardon","detail":"The pardon itself has its own process through the Board of Pardons, which we did not review."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get an unconditional pardon from the Governor (through the Board of Pardons).","Then file a discretionary expungement petition in Superior Court (or Family Court) as described above, attaching your certified criminal history."],"where":"Superior Court in the county where your most recent case was terminated, or Family Court if all dispositions were in Family Court.","forms":[{"name":"A Guide to Expungement of Adult Record (Superior Court, CIV_EXP_06_A)","url":"https://www.courts.delaware.gov/forms/download.aspx?id=118548"}],"cost":{"filing_fee_usd":75,"detail":"Same as other discretionary petitions: a $75 Superior Court filing fee plus $72 for the certified criminal history (Superior Court instructions).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"11 Del. C. § 4375","url":"https://delcode.delaware.gov/title11/c043/sc07/"},"sources":[{"url":"https://delcode.delaware.gov/title11/c043/sc07/","title":"11 Del. C. ch. 43, subch. VII, Adult Expungements (§§ 4371-4377)","publisher":"Delaware Code Online (Delaware General Assembly)","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/SessionLaws/Chapter/GetPdfDocument?fileAttachmentId=448532","title":"Laws of Delaware vol. 83, ch. 263 (Senate Substitute 1 for Senate Bill 38), approved Nov. 8, 2021","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Opinions/Download.aspx?id=391280","title":"Cornette v. State, No. 505, 2024 (Del. Feb. 5, 2026)","publisher":"Delaware Supreme Court","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Opinions/Download.aspx?id=393140","title":"Gieck v. State, No. 180, 2025 (Del. Mar. 18, 2026)","publisher":"Delaware Supreme Court","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Forms/Download.aspx?id=118768","title":"Expungement Instructions (CIV_EXP_07_A, updated 10/4/2024)","publisher":"Delaware Superior Court","accessed":"2026-10-22"}]}],"clean_slate":{"status":"in_effect","effective":"2024-08-01","detail":"Delaware's Clean Slate Act (Senate Bill 111, 83 Del. Laws c. 265, approved November 8, 2021) took effect on approval and was implemented on August 1, 2024. Every month, the State Bureau of Identification identifies and expunges cases that qualify for mandatory expungement: cases that ended in the person's favor, violation convictions after 3 years, past marijuana and paraphernalia possession and underage alcohol convictions, misdemeanor and drug possession convictions after 5 years with no barring convictions, and six listed lower-level felonies after 10 years (11 Del. C. §§ 4373, 4373A). Domestic violence crimes, offenses against children or vulnerable adults, listed misdemeanors, Title 21 offenses and cases with any ineligible charge are excluded. If a case is missed, the person can still apply to the SBI.","sources":[{"url":"https://legis.delaware.gov/SessionLaws/Chapter/GetPdfDocument?fileAttachmentId=448536","title":"Laws of Delaware vol. 83, ch. 265 (Senate Bill 111, Clean Slate Act), approved Nov. 8, 2021","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://delcode.delaware.gov/title11/c043/sc07/","title":"11 Del. C. ch. 43, subch. VII, Adult Expungements (§§ 4371-4377)","publisher":"Delaware Code Online (Delaware General Assembly)","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/BillDetail/58583","title":"Senate Bill 112 (151st General Assembly), bill detail (83 Del. Laws c. 266)","publisher":"Delaware General Assembly","accessed":"2026-10-22"}]},"marijuana":{"detail":"Convictions for possession of marijuana (16 Del. C. § 4764) or drug paraphernalia (§ 4771) qualify for mandatory expungement with no waiting period, and other convictions don't block it, so they are covered by automatic expungement (11 Del. C. §§ 4373(a)(1)c, 4373A). This route was added by Senate Bill 112 (83 Del. Laws c. 266, 2021), which made certain marijuana, drug possession and felony cases eligible for mandatory expungement. A pending marijuana charge under § 4764(c) doesn't bar other expungements (§ 4372(f)(1)).","sources":[{"url":"https://delcode.delaware.gov/title11/c043/sc07/","title":"11 Del. C. ch. 43, subch. VII, Adult Expungements (§§ 4371-4377)","publisher":"Delaware Code Online (Delaware General Assembly)","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/BillDetail/58583","title":"Senate Bill 112 (151st General Assembly), bill detail (83 Del. Laws c. 266)","publisher":"Delaware General Assembly","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Cases terminated in the person's favor qualify for mandatory expungement with no wait, even if the person has other convictions, and since August 1, 2024 they are expunged automatically (11 Del. C. §§ 4373(a)(1), 4373A). This includes acquittal on all charges, a nolle prosequi or dismissal of all charges, completed probation before judgment, arrests with no charges filed within 1 year, and cases 7 or more years old with no disposition and no recent activity (§ 4372(b); HB 447, 2022). If one isn't expunged automatically, request your criminal history from the SBI and apply.","sources":[{"url":"https://delcode.delaware.gov/title11/c043/sc07/","title":"11 Del. C. ch. 43, subch. VII, Adult Expungements (§§ 4371-4377)","publisher":"Delaware Code Online (Delaware General Assembly)","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/SessionLaws/Chapter/GetPdfDocument?fileAttachmentId=448536","title":"Laws of Delaware vol. 83, ch. 265 (Senate Bill 111, Clean Slate Act), approved Nov. 8, 2021","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/BillDetail/109589","title":"House Bill 447 (151st General Assembly), bill detail (83 Del. Laws c. 418)","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://dsp.delaware.gov/obtaining-a-certified-criminal-history/?aria=true&print=pdf","title":"Obtaining a Certified Criminal History (including expungement service)","publisher":"Delaware State Police, State Bureau of Identification","accessed":"2026-10-22"}]},"dui":{"eligible":"no","detail":"A DUI conviction can't be expunged through Delaware's usual routes: offenses under Title 21 (the motor vehicle code) are not eligible, and records of 'any charge under Title 21' may not be expunged except driving after judgment prohibited, reckless driving and operating a motor vehicle causing death, which a court may expunge at its discretion (11 Del. C. §§ 4372(f)(2), 4374(i)). In a 2026 order, the Delaware Supreme Court held a DUI conviction ineligible on that basis (Gieck v. State). Because mandatory and automatic expungement require every charge in the case to be eligible, a DUI conviction in a case blocks mandatory expungement of the other charges in it. A Title 21 conviction in a different case doesn't count against eligibility (§ 4372(h)). After an unconditional pardon, other pardoned convictions in the same case can still be expunged (Cornette v. State, 2026; Gieck). Cornette also said the Title 21 bars don't apply to pardon-based expungement under § 4375; whether a pardoned DUI conviction itself can be expunged that way was not at issue in either case. On its face, the 'any charge' bar in § 4374(i)(1) also reaches a DUI charge that was dismissed; we found no official guidance on that. Senate Bill 124 (2025), which would make clear that Title 21 charges don't bar expungement of other charges in a case, was reported out of committee in May 2025 but has not passed.","sources":[{"url":"https://delcode.delaware.gov/title11/c043/sc07/","title":"11 Del. C. ch. 43, subch. VII, Adult Expungements (§§ 4371-4377)","publisher":"Delaware Code Online (Delaware General Assembly)","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Opinions/Download.aspx?id=393140","title":"Gieck v. State, No. 180, 2025 (Del. Mar. 18, 2026)","publisher":"Delaware Supreme Court","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Opinions/Download.aspx?id=391280","title":"Cornette v. State, No. 505, 2024 (Del. Feb. 5, 2026)","publisher":"Delaware Supreme Court","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/BillDetail/142180","title":"Senate Bill 124 (153rd General Assembly), bill detail","publisher":"Delaware General Assembly","accessed":"2026-10-22"}]},"employers":{"detail":"A person with an expunged record is not required to disclose it, and should not be asked to, to anyone for any purpose, and courts and law enforcement answer inquiries from anyone outside law enforcement that there is no record (11 Del. C. §§ 4372(d), (e)(4), 4376(e)). Law-enforcement agencies can still see expunged records when the person applies to work for them (§ 4376(a)). Delaware's 'ban the box' law covers public employers only: they may not ask about or consider criminal history (or credit history) during the initial application process, up to and including the first interview; may disqualify an applicant based on criminal history only when the exclusion is job-related and consistent with business necessity; and must weigh the nature and gravity of the offense, the time since it or the sentence, and the job. State, county and municipal police, the Department of Correction, the Department of Justice, the Office of Defense Services, the courts and positions where a statute requires or expressly permits considering criminal history are exempt (19 Del. C. § 711(h)). The state's announcement of the law said it places no requirements on private employers.","sources":[{"url":"https://delcode.delaware.gov/title11/c043/sc07/","title":"11 Del. C. ch. 43, subch. VII, Adult Expungements (§§ 4371-4377)","publisher":"Delaware Code Online (Delaware General Assembly)","accessed":"2026-10-22"},{"url":"https://delcode.delaware.gov/title19/c007/sc02/index.html","title":"19 Del. C. ch. 7, subch. II, Discrimination in Employment (§ 711(h): public employers and criminal history)","publisher":"Delaware Code Online (Delaware General Assembly)","accessed":"2026-10-22"},{"url":"https://news.delaware.gov/2014/05/08/governor-bans-the-box-for-delaware-public-employees/","title":"Governor signs 'ban the box' law for public employers (HB 167), May 8, 2014","publisher":"State of Delaware News","accessed":"2026-10-22"}]},"free_help":[{"name":"APEX (Delaware Department of Labor)","url":"https://labor.delaware.gov/apex/","type":"state_agency","detail":"One-on-one help through each step of applying for an expungement for people who are eligible, plus referrals to Delaware legal aid groups."},{"name":"Delaware Superior Court: A Guide to Expungement of Adult Record","url":"https://www.courts.delaware.gov/forms/download.aspx?id=118548","type":"court_self_help","detail":"Official guide to mandatory and discretionary expungement, waiting periods and court forms."},{"name":"Delaware Family Court: Adult Expungement Instruction Packet","url":"https://courts.delaware.gov/Forms/Download.aspx?id=118608","type":"court_self_help","detail":"Instructions, FAQ and forms for discretionary petitions when all cases were in Family Court."}],"sources":[{"url":"https://delcode.delaware.gov/title11/c043/sc07/","title":"11 Del. C. ch. 43, subch. VII, Adult Expungements (§§ 4371-4377)","publisher":"Delaware Code Online (Delaware General Assembly)","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/SessionLaws/Chapter/GetPdfDocument?fileAttachmentId=448536","title":"Laws of Delaware vol. 83, ch. 265 (Senate Bill 111, Clean Slate Act), approved Nov. 8, 2021","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/SessionLaws/Chapter/GetPdfDocument?fileAttachmentId=448532","title":"Laws of Delaware vol. 83, ch. 263 (Senate Substitute 1 for Senate Bill 38), approved Nov. 8, 2021","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/BillDetail/58583","title":"Senate Bill 112 (151st General Assembly), bill detail (83 Del. Laws c. 266)","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/BillDetail/109589","title":"House Bill 447 (151st General Assembly), bill detail (83 Del. Laws c. 418)","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/BillDetail/142220","title":"Senate Substitute 1 for Senate Bill 17 (153rd General Assembly), bill detail (85 Del. Laws c. 142)","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://legis.delaware.gov/BillDetail/142180","title":"Senate Bill 124 (153rd General Assembly), bill detail","publisher":"Delaware General Assembly","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Opinions/Download.aspx?id=391280","title":"Cornette v. State, No. 505, 2024 (Del. Feb. 5, 2026)","publisher":"Delaware Supreme Court","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Opinions/Download.aspx?id=393140","title":"Gieck v. State, No. 180, 2025 (Del. Mar. 18, 2026)","publisher":"Delaware Supreme Court","accessed":"2026-10-22"},{"url":"https://www.courts.delaware.gov/forms/download.aspx?id=118548","title":"A Guide to Expungement of Adult Record (CIV_EXP_06_A, updated 06/13/2024)","publisher":"Delaware Superior Court","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Forms/Download.aspx?id=118768","title":"Expungement Instructions (CIV_EXP_07_A, updated 10/4/2024)","publisher":"Delaware Superior Court","accessed":"2026-10-22"},{"url":"https://courts.delaware.gov/Forms/Download.aspx?id=118608","title":"1021IP Adult Expungement Instruction Packet (Rev 10/23)","publisher":"Family Court of the State of Delaware","accessed":"2026-10-22"},{"url":"https://dsp.delaware.gov/obtaining-a-certified-criminal-history/?aria=true&print=pdf","title":"Obtaining a Certified Criminal History (including expungement service)","publisher":"Delaware State Police, State Bureau of Identification","accessed":"2026-10-22"},{"url":"https://delcode.delaware.gov/title19/c007/sc02/index.html","title":"19 Del. C. ch. 7, subch. II, Discrimination in Employment (§ 711(h): public employers and criminal history)","publisher":"Delaware Code Online (Delaware General Assembly)","accessed":"2026-10-22"},{"url":"https://news.delaware.gov/2014/05/08/governor-bans-the-box-for-delaware-public-employees/","title":"Governor signs 'ban the box' law for public employers (HB 167), May 8, 2014","publisher":"State of Delaware News","accessed":"2026-10-22"},{"url":"https://labor.delaware.gov/apex/","title":"APEX expungement assistance program","publisher":"Delaware Department of Labor","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"district-of-columbia","code":"DC","name":"District of Columbia","terms":["sealing","expungement","Second Chance Amendment Act","set aside (Youth Rehabilitation Act)"],"summary":"D.C.'s Second Chance Amendment Act rewrote its record-sealing law, and the new rules have applied since March 1, 2025. You can ask D.C. Superior Court to seal arrests and charges that didn't end in a conviction, misdemeanor convictions 5 years after the sentence ends, and most felony convictions 8 years after the sentence ends, if sealing is in the interests of justice. The law also requires automatic sealing of many non-convictions and older misdemeanor convictions, and automatic expungement of decriminalized offenses and pre-2015 marijuana possession, by October 1, 2027; the court says no cases are being automatically sealed or expunged yet. Full expungement by request is limited to actual innocence and some first-time drug possession dismissals, and people convicted for offenses committed at age 24 or younger may be able to have the conviction set aside.","remedies":[{"id":"sealing-by-motion","name":"Sealing by motion","type":"sealing","effect":"Sealing removes the records from public view. The Clerk and each prosecutor, police, corrections, pretrial and supervision agency must remove public references to you, keep the records in a restricted file, and answer public inquiries by saying no records are available. You can't be found guilty of perjury or a false statement for not disclosing a sealed record when asked for any purpose (D.C. Code § 16-807(a)-(c)). Sealed records stay available to you, to prosecutors, defense attorneys and police, corrections, pretrial and supervision agencies for any lawful purpose, such as later cases, sentencing, sex offender and gun offender registration and employment decisions. Licensing agencies (for offenses that could disqualify you from a license), schools, day care and child protection agencies, and government employers filling judicial or senior executive positions can still see them, but only to the extent they could before sealing (§§ 16-801(5), 16-807(d)).","covers":"Arrests and charges that didn't end in a conviction, fugitive-from-justice arrests, misdemeanor convictions after 5 years and most felony convictions after 8 years.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":null,"eligible":["Citations, arrests or charges that the prosecutor dropped or that ended in a final disposition other than a conviction (D.C. Code § 16-806(a)(1)(A)). If the offense is one that will later be sealed automatically, file before October 1, 2027; if it is on the list of offenses excluded from automatic sealing (§ 16-805(b)), you can file at any time (§ 16-806(a)(1)(B)).","A misdemeanor conviction, once at least 5 years have passed since you completed the sentence (§ 16-806(a)(3)(A)(i)).","A felony conviction, once at least 8 years have passed since you completed the sentence (§ 16-806(a)(3)(A)(ii)).","'Completion of the sentence' means unconditional discharge from incarceration, probation, parole or supervised release, whichever is latest. Unpaid fines, restitution or other court costs don't stop the clock (§ 16-801(2)).","An arrest in D.C. only as a fugitive from justice, if you waived extradition, the fugitive case ended, and you show you appeared before the proper official in the other jurisdiction (§ 16-806(a)(2)).","For every type, you must show by a preponderance of the evidence that sealing is in the interests of justice; the court weighs your interest in sealing and the community's interest in your rehabilitation against the community's interest in access, including employers' interest (§ 16-806(a), (b)).","You don't have to meet the waiting periods for all your records, or ask to seal every eligible record, at once (§ 16-806(h)). The prosecutor can waive the conviction waiting periods in writing (§ 16-806(e))."],"not_eligible":["Felony convictions in Offense Severity Groups 1, 2 or 3 of the Sentencing Commission's Master Grid as it stood on March 10, 2023 (§ 16-806(a)(3)(A)(ii)). In the manual then in effect, these include first- and second-degree murder, first-degree sexual abuse and first-degree child sexual abuse, and armed versions of offenses such as kidnapping, carjacking, first-degree burglary and voluntary manslaughter (D.C. Sentencing Commission, 2022 Guidelines Manual, Appendix C). Drug felonies are ranked on a separate Drug Grid, so this exclusion doesn't appear to reach them, but we found no court or agency statement on that point.","Convictions before the waiting period ends: 5 years after the sentence for a misdemeanor, 8 years for a felony (§ 16-806(a)(3)(A)), unless the prosecutor waives it in writing.","A plea or verdict of not guilty by reason of insanity counts as a conviction under this law, not as a non-conviction (§§ 16-801(3), 16-806(a)(1)(A)).","If the court denies your motion, you generally have to wait one year to file again, and a third motion is the last one the court must consider (§ 16-806(i)(6))."],"waiting_periods":[{"record":"Arrest or charge that didn't end in conviction","wait":"None","detail":"File before October 1, 2027 if the offense will be sealed automatically; any time if it is excluded from automatic sealing (§ 16-806(a)(1)(B))."},{"record":"Misdemeanor conviction","wait":"5 years after completing the sentence","detail":"The prosecutor can waive the wait in writing (§ 16-806(e))."},{"record":"Felony conviction (not in Master Grid Offense Severity Groups 1-3)","wait":"8 years after completing the sentence","detail":"The prosecutor can waive the wait in writing (§ 16-806(e))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your arrest record from the Metropolitan Police Department (MPD). Ask for the Option A record for sealing or expungement, which lists all adult arrests. It costs $7; call (202) 727-4245 or make an appointment (MPD).","Get the disposition of each case from D.C. Superior Court, in person at 500 Indiana Ave. NW, Room 4001, or by email to criminalcustomerservice@dcsc.gov (court instructions).","Write the motion yourself or with a lawyer or legal aid group. It must list all of your unsealed and unexpunged arrests, charges and convictions that you reasonably know of, the grounds for eligibility and the supporting facts (§ 16-806(c)(1)). If the list is incomplete, you have 30 days after the court's notice to fix it or the motion is dismissed (§ 16-806(c)(2)).","Email the MPD record, the disposition and the motion to criminalmotionsealteam@dcsc.gov, or file in person. The court says motions need the original and one copy. The Seal Team assigns a case number if needed and sends the motion to a judge (court instructions).","Serve a copy on the prosecutor; the prosecutor doesn't have to respond unless the court orders it (§ 16-806(d)).","The judge may decide on the papers or hold a hearing (§ 16-806(i))."],"where":"D.C. Superior Court, Criminal Division (Seal Team), 500 Indiana Ave. NW, Room 4001, Washington, D.C. 20001; criminalmotionsealteam@dcsc.gov, (202) 879-1362.","forms":[{"name":"How to File a Motion to Seal/Expunge Your Criminal Record (court instructions; the court posts no fill-in motion form)","url":"https://www.dccourts.gov/sites/default/files/pdf-forms/How_to_file_a_motion_to_seal.pdf"},{"name":"MPD police clearance, Option A arrest record for sealing or expungement (PD Form 70, $7)","url":"https://mpdc.dc.gov/service/police-clearances-arrest-and-criminal-history-section"}],"cost":{"filing_fee_usd":null,"detail":"The court's sealing page and filing instructions don't list a court filing fee. The MPD arrest record costs $7 (cash or card in person; money order by mail).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The court must rule in writing within 180 days after the motion is filed unless there is good cause for delay, and records must be sealed within 90 days after a motion is granted (§ 16-806(i)(4), (j)). The court says the whole process can take up to six months.","statute":{"cite":"D.C. Code § 16-806","url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-806"},"sources":[{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-806","title":"D.C. Code § 16–806. Sealing of criminal records by motion","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-801","title":"D.C. Code § 16–801. Definitions","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-807","title":"D.C. Code § 16–807. Effect of sealing of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-805","title":"D.C. Code § 16–805. Automatic sealing of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/laws/26-52","title":"D.C. Law 26-52. Peace DC Omnibus Amendment Act of 2025 (§§ 7, 10)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://scdc.dc.gov/sites/default/files/dc/sites/scdc/page_content/attachments/Final%202022%20Guidelines%20Manual.pdf","title":"Voluntary Sentencing Guidelines Manual (August 15, 2022, the edition in effect on March 10, 2023), sections 1.2.2-1.2.3 and Appendix C","publisher":"District of Columbia Sentencing Commission","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/superior-court/superior-court-divisions/criminal-division/sealing-criminal-records","title":"Sealing Criminal Records (last updated February 2, 2026)","publisher":"District of Columbia Courts","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/sites/default/files/pdf-forms/How_to_file_a_motion_to_seal.pdf","title":"How to File a Motion to Seal/Expunge Your Criminal Record (Rev. June 30, 2026)","publisher":"Superior Court of the District of Columbia, Criminal Division","accessed":"2026-10-22"},{"url":"https://mpdc.dc.gov/service/police-clearances-arrest-and-criminal-history-section","title":"Police Clearances (Arrest and Criminal History Section)","publisher":"Metropolitan Police Department","accessed":"2026-10-22"}]},{"id":"automatic-sealing","name":"Automatic sealing (required by October 1, 2027; not yet in effect)","type":"sealing","effect":"Sealing removes the records from public view. The Clerk and each prosecutor, police, corrections, pretrial and supervision agency must remove public references to you, keep the records in a restricted file, and answer public inquiries by saying no records are available. You can't be found guilty of perjury or a false statement for not disclosing a sealed record when asked for any purpose (D.C. Code § 16-807(a)-(c)). Sealed records stay available to you, to prosecutors, defense attorneys and police, corrections, pretrial and supervision agencies for any lawful purpose, such as later cases, sentencing, sex offender and gun offender registration and employment decisions. Licensing agencies (for offenses that could disqualify you from a license), schools, day care and child protection agencies, and government employers filling judicial or senior executive positions can still see them, but only to the extent they could before sealing (§§ 16-801(5), 16-807(d)).","covers":"Arrests and charges that didn't end in a conviction, and misdemeanor convictions 10 years after the sentence, except for listed offenses such as domestic violence, sex offenses, violent and dangerous crimes, and DUI.","outcomes":["no_conviction","diversion","misdemeanor"],"narrow":null,"eligible":["Citations, arrests or charges that the prosecutor dropped or that ended in a final disposition other than a conviction or a verdict of not guilty by reason of insanity (D.C. Code § 16-805(a)(1)).","Misdemeanor convictions, once at least 10 years have passed since you completed the sentence (§ 16-805(a)(2))."],"not_eligible":["Intrafamily offenses, parental kidnapping, criminal abuse or financial exploitation of a vulnerable adult or elderly person, and a guardian's refusal or neglect to provide for a child under 14 (§ 16-805(b)(1)-(5)).","Incest, misdemeanor sexual abuse, offenses under Chapters 30A, 31 and 31A of Title 22, registrable sex offenses while the registration period hasn't expired, and sex offender registration violations (§ 16-805(b)(6)-(12)).","Any 'dangerous crime' or 'crime of violence' as defined in § 23-1331 (§ 16-805(b)(13)-(14)).","DUI, commercial-vehicle DUI and operating while impaired (§ 16-805(b)(15)-(17)).","Felony convictions are never sealed automatically; they can be sealed only by motion (§§ 16-805(a), 16-806(a)(3)).","Records excluded here can still be sealed by motion (§ 16-806(a)(1)(B)(ii), (a)(3))."],"waiting_periods":[{"record":"Arrest or charge that didn't end in conviction","wait":"None, but the court has until October 1, 2027","detail":"Must be sealed by October 1, 2027 or within 90 days after the case ends, whichever is later (§ 16-805(c)(1))."},{"record":"Misdemeanor conviction","wait":"10 years after completing the sentence","detail":"Must be sealed by October 1, 2027 or within 90 days after the waiting period ends, whichever is later (§ 16-805(c)(2))."}],"automatic":"yes","automatic_detail":"Not in effect yet. The law gives the court until October 1, 2027 to seal eligible records (D.C. Code § 16-805(c)), and the D.C. Courts' sealing page (updated February 2, 2026) says the automatic sealing and expungement provisions 'are not yet in effect' and no cases are being automatically sealed or expunged. Until then, eligible non-conviction records can be sealed by motion if you file before October 1, 2027 (§ 16-806(a)(1)(B)(i)).","how_to_file":["No filing will be needed once automatic sealing starts.","If you don't want to wait, file a motion to seal (see Sealing by motion). For a non-conviction record that is eligible for automatic sealing, file before October 1, 2027."],"where":"D.C. Superior Court (automatic, once in effect).","forms":[],"cost":{"filing_fee_usd":0,"detail":"No filing is required for automatic sealing.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"By October 1, 2027, or within 90 days after the case ends or the waiting period expires, whichever is later (§ 16-805(c)).","statute":{"cite":"D.C. Code § 16-805","url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-805"},"sources":[{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-805","title":"D.C. Code § 16–805. Automatic sealing of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-807","title":"D.C. Code § 16–807. Effect of sealing of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-806","title":"D.C. Code § 16–806. Sealing of criminal records by motion","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/23-1331","title":"D.C. Code § 23–1331. Definitions (dangerous crime; crime of violence)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/laws/25-175","title":"D.C. Law 25-175. Secure DC Omnibus Amendment Act of 2024 (§§ 40, 41, 45)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/laws/26-52","title":"D.C. Law 26-52. Peace DC Omnibus Amendment Act of 2025 (§§ 7, 10)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/superior-court/superior-court-divisions/criminal-division/sealing-criminal-records","title":"Sealing Criminal Records (last updated February 2, 2026)","publisher":"District of Columbia Courts","accessed":"2026-10-22"}]},{"id":"automatic-expungement","name":"Automatic expungement of decriminalized offenses and pre-2015 marijuana possession (by October 1, 2027; not yet in effect)","type":"expungement","effect":"Expungement restores you, in the eyes of the law, to the status you had before the citation, arrest, charge or conviction, and you can't be found guilty of perjury or a false statement for not disclosing it (D.C. Code § 16-804(a)-(b)). Agencies remove public references and keep records only in a restricted file, available to you, to prosecutors, defense attorneys and police, corrections, pretrial and supervision agencies for other criminal cases or for deciding your eligibility for diversion, release, sentence reductions or sealing in another case, and to others only for related civil litigation or by court order (§ 16-804(c)-(d)). This is narrower access than for sealed records.","covers":"Records only for offenses that were later decriminalized, legalized or held unconstitutional, and for simple marijuana possession before February 15, 2015.","outcomes":["no_conviction","diversion","misdemeanor"],"narrow":"Decriminalized offenses and pre-2015 marijuana possession","eligible":["Citations, arrests, charges or convictions related only to an offense that has since been decriminalized or legalized, or held unconstitutional by the D.C. Court of Appeals or the U.S. Supreme Court (D.C. Code § 16-802(a)).","Records related only to simple possession of any quantity of marijuana under § 48-904.01(d)(1) before February 15, 2015 (§ 16-802(a)).","The case was dropped or reached a final disposition (§ 16-802(a)(1))."],"not_eligible":["Records the prosecutor shows, by clear and convincing evidence, need to be kept for a lawful purpose such as another criminal case, or that don't qualify (§ 16-802(a)(2)).","Cases that also involve other charges; the law covers records related 'only' to these offenses (§ 16-802(a))."],"waiting_periods":[{"record":"Decriminalized, legalized or unconstitutional offense; pre-February 15, 2015 marijuana possession","wait":"None, but the court has until October 1, 2027","detail":"Must be expunged by October 1, 2027 or within 90 days after the case ends, whichever is later (§ 16-802(b))."}],"automatic":"yes","automatic_detail":"Not in effect yet. The law sets an October 1, 2027 deadline (D.C. Code § 16-802(b)), and the D.C. Courts' sealing page (updated February 2, 2026) says no cases are being automatically expunged. In the meantime, these records may be eligible for sealing by motion under § 16-806 (a misdemeanor conviction after 5 years, or a non-conviction).","how_to_file":["No filing will be needed once automatic expungement starts.","Until then, consider a motion to seal under § 16-806 if the record qualifies (see Sealing by motion)."],"where":"D.C. Superior Court (automatic, once in effect).","forms":[],"cost":{"filing_fee_usd":0,"detail":"No filing is required for automatic expungement.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"By October 1, 2027, or within 90 days after the case ends, whichever is later (§ 16-802(b)).","statute":{"cite":"D.C. Code § 16-802","url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-802"},"sources":[{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-802","title":"D.C. Code § 16–802. Automatic expungement of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-804","title":"D.C. Code § 16–804. Effect of expungement of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/laws/25-175","title":"D.C. Law 25-175. Secure DC Omnibus Amendment Act of 2024 (§§ 40, 41, 45)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/superior-court/superior-court-divisions/criminal-division/sealing-criminal-records","title":"Sealing Criminal Records (last updated February 2, 2026)","publisher":"District of Columbia Courts","accessed":"2026-10-22"}]},{"id":"actual-innocence-expungement","name":"Expungement by motion for actual innocence","type":"expungement","effect":"Expungement restores you, in the eyes of the law, to the status you had before the citation, arrest or charge, and you can't be found guilty of perjury or a false statement for not disclosing it (D.C. Code § 16-804(a)-(b)). Records are kept only in a restricted file with narrower access than sealed records (§ 16-804(c)-(d)). The court's order must rule as a matter of law that you didn't commit the offense or that no offense was committed (§ 16-803(d)(7)).","covers":"Citations, arrests or charges that didn't end in a conviction, where the person shows the offense didn't happen or wasn't committed by them.","outcomes":["no_conviction","diversion"],"narrow":"Actual innocence only","eligible":["The case was dropped or ended in a final disposition that wasn't a conviction or a verdict of not guilty by reason of insanity (D.C. Code § 16-803(a)(1)).","You show, by a preponderance of the evidence, that the offense didn't occur or wasn't committed by you (§ 16-803(a)(2))."],"not_eligible":["Convictions.","An acquittal or dismissal alone doesn't create a presumption that you are innocent (§ 16-803(e))."],"waiting_periods":[{"record":"Arrest or charge that didn't end in conviction","wait":"None; the motion can be filed at any time","detail":"§ 16-803(b)(2)(B)"}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your MPD arrest record (Option A, $7) and the court disposition.","Write a motion stating the grounds and the facts showing the offense didn't occur or wasn't committed by you, with any supporting affidavits or documents (§ 16-803(b)).","File it with the Superior Court's Criminal Division Seal Team and serve a copy on the prosecutor (§ 16-803(c); court instructions).","The court may deny it on the papers, order the prosecutor to respond, or hold a hearing where hearsay is allowed (§ 16-803(d))."],"where":"D.C. Superior Court, Criminal Division (Seal Team), criminalmotionsealteam@dcsc.gov.","forms":[{"name":"How to File a Motion to Seal/Expunge Your Criminal Record (court instructions; the court posts no fill-in motion form)","url":"https://www.dccourts.gov/sites/default/files/pdf-forms/How_to_file_a_motion_to_seal.pdf"},{"name":"MPD police clearance, Option A arrest record for sealing or expungement (PD Form 70, $7)","url":"https://mpdc.dc.gov/service/police-clearances-arrest-and-criminal-history-section"}],"cost":{"filing_fee_usd":null,"detail":"The court's instructions don't list a filing fee. The MPD arrest record costs $7.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The court must rule in writing within 180 days unless there is good cause, and records must be expunged within 90 days after the motion is granted (§ 16-803(d)(4), (f)).","statute":{"cite":"D.C. Code § 16-803","url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-803"},"sources":[{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-803","title":"D.C. Code § 16–803. Expungement of criminal records by motion","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-804","title":"D.C. Code § 16–804. Effect of expungement of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/sites/default/files/pdf-forms/How_to_file_a_motion_to_seal.pdf","title":"How to File a Motion to Seal/Expunge Your Criminal Record (Rev. June 30, 2026)","publisher":"Superior Court of the District of Columbia, Criminal Division","accessed":"2026-10-22"},{"url":"https://mpdc.dc.gov/service/police-clearances-arrest-and-criminal-history-section","title":"Police Clearances (Arrest and Criminal History Section)","publisher":"Metropolitan Police Department","accessed":"2026-10-22"}]},{"id":"youth-rehabilitation-act-set-aside","name":"Youth Rehabilitation Act set-aside","type":"set_aside","effect":"The conviction is set aside and you receive a certificate saying so (D.C. Code § 24-906(e-2)). The D.C. Court of Appeals has said a YRA set-aside removes the conviction from your public record but doesn't change the fact of conviction (Williams v. United States, 2025). A set-aside conviction can still be used for sentence enhancements and sentencing in a later case, for impeachment if you testify, for sex offender and gun offender registration, and in deciding unlawful firearm possession (§ 24-906(f)). Private criminal history providers may not report a set-aside record (§ 2-1652). The statute doesn't say how court files are handled, and we didn't confirm what the Superior Court's public records show after a set-aside; sealing the arrest and case records is a separate motion under § 16-806.","covers":"Convictions for offenses committed at age 24 or younger, other than murder, first- and second-degree sexual abuse and first-degree child sexual abuse.","outcomes":["misdemeanor","felony"],"narrow":"Offenses committed at age 24 or younger","eligible":["You were 24 or younger when you committed the offense (D.C. Code § 24-901(6)).","If you were sentenced under the Youth Rehabilitation Act, an early unconditional discharge from commitment, supervised release or probation sets the conviction aside automatically (§ 24-906(a), (c), (e)).","If your sentence or probation ended before an unconditional discharge, the U.S. Parole Commission or the court may set it aside (§ 24-906(b), (e)).","Even if you weren't sentenced under the Act, you can file a motion after completing probation, incarceration, supervised release or parole, whichever is later. The court decides, considering factors such as your age at the offense, your role in it, your rehabilitation and any victim statement, and must state its reasons in writing (§ 24-906(e-1); § 24-903(c)(2))."],"not_eligible":["Murder (including murder as an act of terrorism), first-degree sexual abuse, second-degree sexual abuse and first-degree child sexual abuse (§ 24-901(6)).","Offenses committed at age 25 or older (§ 24-901(6))."],"waiting_periods":[{"record":"Youth offender conviction (motion)","wait":"After completing probation, incarceration, supervised release or parole, whichever is later","detail":"§ 24-906(e-1)(1)"},{"record":"Youth Rehabilitation Act sentence with early unconditional discharge","wait":"None; set aside at discharge","detail":"§ 24-906(a), (c), (e)"}],"automatic":"some","automatic_detail":"Automatic only when a person sentenced under the Act is unconditionally discharged early from commitment, supervised release or probation (D.C. Code § 24-906(a), (c), (e)). Otherwise it is up to the U.S. Parole Commission or the court, or you file a motion.","how_to_file":["If you weren't discharged early, file a motion in the Superior Court case after you finish your sentence and supervision, explaining why the conviction should be set aside (§ 24-906(e-1)).","You are entitled to present facts that could affect the decision (§ 24-906(e-1)(2)).","After a set-aside, you can also ask to seal the record by motion if you qualify (§ 16-806)."],"where":"D.C. Superior Court, in the criminal case; for committed youth offenders whose sentence expired, the U.S. Parole Commission (§ 24-906(b)).","forms":[],"cost":{"filing_fee_usd":null,"detail":"We did not find a fee stated for this motion.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"D.C. Code §§ 24-901, 24-906","url":"https://code.dccouncil.gov/us/dc/council/code/sections/24-906"},"sources":[{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/24-906","title":"D.C. Code § 24–906. Unconditional discharge sets aside conviction","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/24-901","title":"D.C. Code § 24–901. Definitions (Youth Rehabilitation Act)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/24-903","title":"D.C. Code § 24–903. Sentencing alternatives (Youth Rehabilitation Act)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/2-1652","title":"D.C. Code § 2–1652. Restrictions on criminal history reports","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/sites/default/files/2025-10/Williams%20%20v.%20US%20Nos.%2023-CO-355%20%20-356.pdf","title":"Williams v. United States, Nos. 23-CO-355 & 23-CO-356 (decided October 23, 2025), on Youth Rehabilitation Act set-asides","publisher":"District of Columbia Court of Appeals","accessed":"2026-10-22"}]},{"id":"drug-possession-dismissal-expungement","name":"Dismissal and expungement after first-time drug possession probation","type":"expungement","effect":"If you finish probation, the court dismisses the case without a finding of guilt, and the dismissal isn't a conviction for any purpose. A nonpublic record is kept only so courts can see whether you have used this option before (D.C. Code § 48-904.01(e)(1)). You can then ask the court to expunge all official records of the arrest, charge, trial, finding of guilt and dismissal. The order restores you to the status you had before the arrest, and you can't be found guilty of perjury or a false statement for not disclosing it (§ 48-904.01(e)(2)).","covers":"A first conviction-free drug possession case where the court deferred judgment and placed the person on probation.","outcomes":["diversion"],"narrow":"First-time drug possession only","eligible":["You were found guilty of drug possession under § 48-904.01(d), had no earlier drug conviction under D.C., federal or state law, and had never before been discharged under this subsection (§ 48-904.01(e)(1)).","With your consent, the court deferred proceedings and placed you on probation for up to one year without entering a judgment of guilt (§ 48-904.01(e)(1)).","You completed probation and the court dismissed the case (§ 48-904.01(e)(1)-(2))."],"not_eligible":["People with an earlier drug conviction, or who used this option before (§ 48-904.01(e)(1)).","If you violate probation, the court can enter a finding of guilt and sentence you (§ 48-904.01(e)(1))."],"waiting_periods":[{"record":"Drug possession case dismissed after probation","wait":"None after dismissal","detail":"§ 48-904.01(e)(2)"}],"automatic":"no","automatic_detail":"Dismissal is required once you finish probation without a violation (the court 'shall' discharge you), but expungement needs an application to the court (§ 48-904.01(e)(1)-(2)).","how_to_file":["Ask about probation under § 48-904.01(e) in a first drug possession case; it needs your consent and the court's agreement.","After dismissal, apply to the Superior Court for an order to expunge the records (§ 48-904.01(e)(2)).","The court holds a hearing and must grant the order if it finds you were discharged and the case dismissed (§ 48-904.01(e)(2))."],"where":"D.C. Superior Court, in the criminal case.","forms":[],"cost":{"filing_fee_usd":null,"detail":"We did not find a fee stated for this application.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":null,"statute":{"cite":"D.C. Code § 48-904.01(e)","url":"https://code.dccouncil.gov/us/dc/council/code/sections/48-904.01"},"sources":[{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/48-904.01","title":"D.C. Code § 48–904.01. Prohibited acts A; penalties (subsection (e), probation before judgment and expungement)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-809","title":"D.C. Code § 16–809. Savings provision","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"}]}],"clean_slate":{"status":"enacted_not_in_effect","effective":null,"detail":"The Second Chance Amendment Act of 2022 (D.C. Law 24-284, effective March 10, 2023) requires the Superior Court to automatically seal non-conviction records and misdemeanor convictions 10 years after the sentence ends, except listed offenses such as intrafamily, sex, violent and dangerous crimes and DUI (D.C. Code § 16-805), and to automatically expunge decriminalized or unconstitutional offenses and simple marijuana possession before February 15, 2015 (§ 16-802). The Act's start was tied to funding and then moved several times: the Secure DC Omnibus Amendment Act of 2024 (D.C. Law 25-175) set October 1, 2024 and added an October 1, 2027 deadline for the automatic provisions, and the Fiscal Year 2025 Budget Support Act (D.C. Law 25-217) moved the Act's applicability to March 1, 2025. The Peace DC Omnibus Amendment Act of 2025 (D.C. Law 26-52, effective October 28, 2025, applying as of March 1, 2025) let people seal non-convictions that will later be automatic by motion until October 1, 2027. The law now says eligible records must be sealed or expunged by October 1, 2027, or within 90 days after the case ends or the waiting period runs, whichever is later. The D.C. Courts' sealing page, last updated February 2, 2026, says the automatic provisions 'are not yet in effect' and no cases are being automatically sealed or expunged.","sources":[{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-805","title":"D.C. Code § 16–805. Automatic sealing of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-802","title":"D.C. Code § 16–802. Automatic expungement of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-808","title":"D.C. Code § 16–808. Applicability (with notes on applicability dates)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/laws/24-284","title":"D.C. Law 24-284. Second Chance Amendment Act of 2022 (including Title II, criminal history reports, and § 301 applicability)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/laws/25-175","title":"D.C. Law 25-175. Secure DC Omnibus Amendment Act of 2024 (§§ 40, 41, 45)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/laws/25-217","title":"D.C. Law 25-217. Fiscal Year 2025 Budget Support Act of 2024 (§ 7290)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/laws/26-52","title":"D.C. Law 26-52. Peace DC Omnibus Amendment Act of 2025 (§§ 7, 10)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/superior-court/superior-court-divisions/criminal-division/sealing-criminal-records","title":"Sealing Criminal Records (last updated February 2, 2026)","publisher":"District of Columbia Courts","accessed":"2026-10-22"}]},"marijuana":{"detail":"Records related only to simple possession of any amount of marijuana before February 15, 2015 are to be expunged automatically, along with records of other offenses that were later decriminalized or legalized or held unconstitutional, by October 1, 2027 (D.C. Code § 16-802). This isn't happening yet: the D.C. Courts say no cases are being automatically expunged. Until then, a marijuana possession conviction can be sealed by motion like other misdemeanors once 5 years have passed since the sentence ended, and a marijuana arrest or charge that didn't end in conviction can be sealed by motion (§ 16-806). A first drug possession case handled with probation before judgment can be dismissed and then expunged on application (§ 48-904.01(e)).","sources":[{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-802","title":"D.C. Code § 16–802. Automatic expungement of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-806","title":"D.C. Code § 16–806. Sealing of criminal records by motion","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/48-904.01","title":"D.C. Code § 48–904.01. Prohibited acts A; penalties (subsection (e), probation before judgment and expungement)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/superior-court/superior-court-divisions/criminal-division/sealing-criminal-records","title":"Sealing Criminal Records (last updated February 2, 2026)","publisher":"District of Columbia Courts","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Arrests and charges that were dropped or ended without a conviction can be sealed by motion now if sealing is in the interests of justice. If the offense is one that will be sealed automatically, file before October 1, 2027; if it is excluded from automatic sealing (such as intrafamily offenses, sex offenses, crimes of violence, dangerous crimes and DUI), you can file at any time (D.C. Code § 16-806(a)(1)). The law requires automatic sealing of eligible non-conviction records by October 1, 2027 (§ 16-805), but the court says this isn't in effect yet. If you can show the offense didn't happen or wasn't committed by you, you can move for expungement instead (§ 16-803). A verdict or plea of not guilty by reason of insanity counts as a conviction under this law (§ 16-801(3)). MPD's general police clearance (Option B) lists only convictions with sentences completed within the past 10 years and collateral forfeitures, not arrests that didn't lead to conviction (MPD).","sources":[{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-806","title":"D.C. Code § 16–806. Sealing of criminal records by motion","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-805","title":"D.C. Code § 16–805. Automatic sealing of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-803","title":"D.C. Code § 16–803. Expungement of criminal records by motion","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-801","title":"D.C. Code § 16–801. Definitions","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/superior-court/superior-court-divisions/criminal-division/sealing-criminal-records","title":"Sealing Criminal Records (last updated February 2, 2026)","publisher":"District of Columbia Courts","accessed":"2026-10-22"},{"url":"https://mpdc.dc.gov/service/police-clearances-arrest-and-criminal-history-section","title":"Police Clearances (Arrest and Criminal History Section)","publisher":"Metropolitan Police Department","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"DUI, commercial-vehicle DUI and operating while impaired are excluded from automatic sealing (D.C. Code § 16-805(b)(15)-(17)), but they can be sealed by motion. A DUI arrest or charge that didn't end in conviction can be sealed by motion at any time (§ 16-806(a)(1)(B)(ii)). D.C. DUI penalties top out at 180 days for a first offense and 1 year with prior offenses (§ 50-2206.13), which is misdemeanor-level, so a DUI conviction would follow the misdemeanor rule: a motion once 5 years have passed since the sentence ended, if sealing is in the interests of justice (§ 16-806(a)(3)). We did not confirm how sealing affects D.C. DMV driving records.","sources":[{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-805","title":"D.C. Code § 16–805. Automatic sealing of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-806","title":"D.C. Code § 16–806. Sealing of criminal records by motion","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/50-2206.13","title":"D.C. Code § 50–2206.13. Penalties for driving under the influence of alcohol or a drug","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"}]},"employers":{"detail":"D.C.'s Fair Criminal Record Screening law covers employers with more than 10 employees in D.C., including the D.C. government. They may not ask about arrests or charges that aren't pending or didn't lead to a conviction, may ask about convictions only after a conditional job offer, and may then withdraw the offer only for a legitimate business reason, weighing factors such as the job's duties, how long ago the offense was and evidence of rehabilitation (D.C. Code §§ 32-1341, 32-1342). Exceptions include jobs where law requires a criminal history check and employers serving minors or vulnerable adults (§ 32-1342(c)). Complaints go to the D.C. Office of Human Rights; there is no private lawsuit (§ 32-1343). After sealing or expungement, you can't be found guilty of perjury or a false statement for not disclosing the record (§§ 16-804(b), 16-807(b)), and private criminal history providers may not report sealed, expunged or set-aside records (§ 2-1652). Sealed records remain available to licensing agencies, schools, day care and child protection agencies, government employers filling judicial or senior executive positions, and police and other criminal justice agencies, including for their employment decisions (§§ 16-801(5), 16-807(d)).","sources":[{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/32-1341","title":"D.C. Code § 32–1341. Definitions (Fair Criminal Record Screening)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/32-1342","title":"D.C. Code § 32–1342. Inquiries into certain arrests, accusations, and convictions","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/32-1343","title":"D.C. Code § 32–1343. Filing a complaint with the Office of Human Rights; exclusive remedy","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-804","title":"D.C. Code § 16–804. Effect of expungement of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-807","title":"D.C. Code § 16–807. Effect of sealing of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-801","title":"D.C. Code § 16–801. Definitions","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/2-1652","title":"D.C. Code § 2–1652. Restrictions on criminal history reports","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"}]},"free_help":[{"name":"D.C. Courts: Sealing Criminal Records","url":"https://www.dccourts.gov/superior-court/superior-court-divisions/criminal-division/sealing-criminal-records","type":"court_self_help","detail":"The court's page on the Second Chance Amendment Act, with filing instructions; Seal Team email criminalmotionsealteam@dcsc.gov, (202) 879-1362."},{"name":"Legal Aid DC","url":"https://www.legalaiddc.org/","type":"legal_aid","detail":"Listed by the Superior Court as helping people with record sealing; (202) 628-1161."},{"name":"Neighborhood Legal Services Program","url":"https://www.nlsp.org/","type":"legal_aid","detail":"Listed by the Superior Court as helping people with record sealing; (202) 832-6577."},{"name":"Rising for Justice","url":"https://www.risingforjustice.org/","type":"legal_aid","detail":"Listed by the Superior Court as helping people with record sealing; (202) 638-4798."},{"name":"Public Defender Service for D.C., Community Defender Division","url":"https://www.pdsdc.org/services/community-defender-division","type":"public_defender","detail":"Offers record relief, but its page says it isn't taking new record-relief clients and will give a referral list; the court's filing instructions say to ask for the Duty Day Attorney for seal cases; (202) 824-2801."},{"name":"Metropolitan Police Department: Police Clearances","url":"https://mpdc.dc.gov/service/police-clearances-arrest-and-criminal-history-section","type":"state_agency","detail":"Get your Option A arrest record for a sealing or expungement motion ($7); (202) 727-4245."}],"sources":[{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-801","title":"D.C. Code § 16–801. Definitions","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-802","title":"D.C. Code § 16–802. Automatic expungement of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-803","title":"D.C. Code § 16–803. Expungement of criminal records by motion","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-804","title":"D.C. Code § 16–804. Effect of expungement of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-805","title":"D.C. Code § 16–805. Automatic sealing of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-806","title":"D.C. Code § 16–806. Sealing of criminal records by motion","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-807","title":"D.C. Code § 16–807. Effect of sealing of criminal records","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-808","title":"D.C. Code § 16–808. Applicability (with notes on applicability dates)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-809","title":"D.C. Code § 16–809. Savings provision","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/laws/24-284","title":"D.C. Law 24-284. Second Chance Amendment Act of 2022 (including Title II, criminal history reports, and § 301 applicability)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/laws/25-175","title":"D.C. Law 25-175. Secure DC Omnibus Amendment Act of 2024 (§§ 40, 41, 45)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/laws/25-217","title":"D.C. Law 25-217. Fiscal Year 2025 Budget Support Act of 2024 (§ 7290)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/laws/26-52","title":"D.C. Law 26-52. Peace DC Omnibus Amendment Act of 2025 (§§ 7, 10)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/superior-court/superior-court-divisions/criminal-division/sealing-criminal-records","title":"Sealing Criminal Records (last updated February 2, 2026)","publisher":"District of Columbia Courts","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/sites/default/files/pdf-forms/How_to_file_a_motion_to_seal.pdf","title":"How to File a Motion to Seal/Expunge Your Criminal Record (Rev. June 30, 2026)","publisher":"Superior Court of the District of Columbia, Criminal Division","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/superior-court/superior-court-divisions/criminal-division/criminal-forms-and-lists","title":"Criminal Forms and Lists","publisher":"District of Columbia Courts","accessed":"2026-10-22"},{"url":"https://mpdc.dc.gov/service/police-clearances-arrest-and-criminal-history-section","title":"Police Clearances (Arrest and Criminal History Section)","publisher":"Metropolitan Police Department","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/24-906","title":"D.C. Code § 24–906. Unconditional discharge sets aside conviction","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/24-901","title":"D.C. Code § 24–901. Definitions (Youth Rehabilitation Act)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/48-904.01","title":"D.C. Code § 48–904.01. Prohibited acts A; penalties (subsection (e), probation before judgment and expungement)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/32-1342","title":"D.C. Code § 32–1342. Inquiries into certain arrests, accusations, and convictions","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/2-1652","title":"D.C. Code § 2–1652. Restrictions on criminal history reports","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/50-2206.13","title":"D.C. Code § 50–2206.13. Penalties for driving under the influence of alcohol or a drug","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://code.dccouncil.gov/us/dc/council/code/sections/23-1331","title":"D.C. Code § 23–1331. Definitions (dangerous crime; crime of violence)","publisher":"Council of the District of Columbia (D.C. Law Library)","accessed":"2026-10-22"},{"url":"https://scdc.dc.gov/sites/default/files/dc/sites/scdc/page_content/attachments/Final%202022%20Guidelines%20Manual.pdf","title":"Voluntary Sentencing Guidelines Manual (August 15, 2022, the edition in effect on March 10, 2023), sections 1.2.2-1.2.3 and Appendix C","publisher":"District of Columbia Sentencing Commission","accessed":"2026-10-22"},{"url":"https://www.pdsdc.org/services/community-defender-division","title":"Community Defender Division","publisher":"Public Defender Service for the District of Columbia","accessed":"2026-10-22"},{"url":"https://www.dccourts.gov/sites/default/files/2025-10/Williams%20%20v.%20US%20Nos.%2023-CO-355%20%20-356.pdf","title":"Williams v. United States, Nos. 23-CO-355 & 23-CO-356 (decided October 23, 2025), on Youth Rehabilitation Act set-asides","publisher":"District of Columbia Court of Appeals","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"florida","code":"FL","name":"Florida","terms":["sealing","expunction","expungement","automatic sealing","certificate of eligibility"],"summary":"Florida generally allows one court-ordered sealing or expunction in a lifetime, and you must first get a certificate of eligibility from the Florida Department of Law Enforcement (FDLE). Both remedies are only for cases that did not end in an adjudication of guilt, such as a withheld adjudication, a dismissal or an acquittal. Anyone ever adjudicated guilty of a crime in Florida is ineligible, and FDLE's FAQ says an adult adjudication of guilt anywhere counts. Many dropped, dismissed and acquitted cases are now sealed automatically at the state level. Because Florida courts must adjudicate DUI, a DUI conviction cannot be sealed or expunged.","remedies":[{"id":"court-ordered-sealing","name":"Court-ordered sealing","type":"sealing","effect":"The sealed record is confidential and exempt from public records disclosure. You may lawfully deny or fail to acknowledge the arrests covered by the sealed record, and you cannot be prosecuted for perjury for doing so, except in listed situations. These include applying for a job with a criminal justice agency, being a defendant in a criminal case, petitioning again to seal or expunge, applying to The Florida Bar, seeking jobs, licenses or contracts with listed agencies serving children, elderly or disabled people, education and child-care employment or licensing, firearm purchases subject to a background check, certain insurance licenses, guardianship appointments, concealed weapon licensing, and screening through the Care Provider Background Screening Clearinghouse. You, your attorney, criminal justice agencies, judges and listed licensing and employing entities can still see the full record (Fla. Stat. § 943.059(6)).","covers":"Cases where adjudication of guilt was withheld or that otherwise did not end in an adjudication of guilt.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["You were not adjudicated guilty or delinquent for the charges in the record you want sealed.","Before applying, you have never been adjudicated guilty in Florida of any criminal offense, and as a minor were never adjudicated delinquent in Florida for a felony or for one of 13 listed misdemeanors (§ 943.059(1)).","You are no longer under court supervision for the case.","You have never had a prior court-ordered sealing or expunction under § 943.0585 or § 943.059 (or the former laws they replaced). Automatic sealing under § 943.0595 is not on that list.","The record is not ineligible under § 943.0584 (see the exclusions)."],"not_eligible":["Anyone adjudicated guilty of any criminal offense in Florida, including DUI (§ 943.059(1); FDLE FAQ).","An adult adjudication of guilt in another state may also block you: the statute says 'in this state', but FDLE's FAQ says an adult adjudicated guilty 'in any jurisdiction' is ineligible. Ask FDLE before paying the nonrefundable fee.","Records of a conviction for an offense listed in § 943.0584. For that list, a finding of guilt or a guilty or no-contest plea counts as a conviction even if adjudication was withheld.","Listed sexual offenses: sexual misconduct with patients or clients (§§ 393.135, 394.4593, 916.1075), any offense under chapter 794, procuring a minor for prostitution, lewd or lascivious offenses against people under 16 or against elderly or disabled people, voyeurism and digital voyeurism, luring or enticing a child, sexual performance by a child, obscenity and computer child-exploitation offenses (§§ 847.0133, 847.0135), selling or buying minors, and any offense that is a predicate for sexual predator or sexual offender registration (§ 943.0584).","Listed violent offenses: murder, manslaughter, vehicular and vessel homicide, assault or battery of a family or household member, aggravated assault, felony battery, domestic battery by strangulation, aggravated battery, stalking and aggravated stalking, kidnapping, false imprisonment, human trafficking, child abuse, and abuse of an elderly person or disabled adult (§ 943.0584).","Arson, burglary of a dwelling, robbery and robbery by sudden snatching, carjacking, home-invasion robbery, Communications Fraud Act violations, drug trafficking, manufacturing a controlled substance, terrorism, illegal use of explosives, aircraft piracy and offenses under chapter 839 (§ 943.0584).","Anyone who has already used their one court-ordered sealing or expunction."],"waiting_periods":[{"record":"Case with adjudication withheld","wait":"No waiting period once you are off court supervision","detail":"FDLE says reviewing a certificate of eligibility application takes about 12 weeks or more."}],"automatic":"no","automatic_detail":null,"how_to_file":["Apply to FDLE for a certificate of eligibility. Sign the application in front of a notary or deputy clerk.","Include a certified disposition of each charge from the clerk of court in the county where the case was handled, plus proof that probation ended if you had it.","Have your fingerprints taken by a law enforcement or criminal justice agency.","Pay FDLE's $75 nonrefundable processing fee by money order, cashier's check or personal check (or ask for a waiver).","When you receive the certificate, file within 12 months. File a petition to seal, a sworn statement (affidavit) that you are eligible and have no other sealing or expunction petition pending, the certificate and a proposed order with the clerk of court, and give copies to the state attorney's office.","If the judge grants the petition, the clerk sends certified copies of the order to the agencies that hold the record. The court can deny the petition at its sole discretion (§ 943.059(4); FDLE; Broward State Attorney's Office)."],"where":"First FDLE, for the certificate of eligibility. Then the court that handled the case, through the clerk of court in that county.","forms":[{"name":"FDLE Seal and Expunge Application (online)","url":"https://web.fdle.state.fl.us/intakeweb/formrenderer.xhtml?pageId=se"},{"name":"FDLE Certificate of Eligibility Instructions","url":"https://www.fdle.state.fl.us/Seal-and-Expunge-Process/Certificate-of-Eligibility-Instructions"}],"cost":{"filing_fee_usd":null,"detail":"FDLE charges a $75 nonrefundable processing fee for the certificate of eligibility (§ 943.059(2)). The clerk of court also charges a filing fee. Brevard County's clerk and the Broward State Attorney's Office both list $42, plus copy and certification charges, so check with your county clerk. Fingerprinting may cost extra.","fee_waiver":"yes","fee_waiver_detail":"The statute lets FDLE's executive director waive the $75 fee (§ 943.059(2)). This is discretionary, not an income-based waiver: Brevard County's clerk says it may be granted on a written request if the executive director finds it is 'in the best interests of criminal justice.' We did not confirm a statewide way to waive the clerk's filing fee, so ask the clerk about indigent status."},"hearing":"not_stated","timeline":"FDLE says eligibility review takes about 12 weeks (its FAQ says over 12 weeks), and it does not expedite. The certificate is valid for 12 months from the date stamped on it.","statute":{"cite":"Fla. Stat. § 943.059","url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.059.html"},"sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.059.html","title":"2026 Florida Statutes § 943.059, Court-ordered sealing of criminal history records","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0584.html","title":"2026 Florida Statutes § 943.0584, Records ineligible for court-ordered expunction or sealing","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"https://www.fdle.state.fl.us/Seal-and-Expunge-Process/Certificate-of-Eligibility-Instructions","title":"Certificate of Eligibility Instructions","publisher":"Florida Department of Law Enforcement","accessed":"2026-10-22"},{"url":"https://www.fdle.state.fl.us/seal-and-expunge-process/frequently-asked-questions","title":"Seal and Expunge Frequently Asked Questions","publisher":"Florida Department of Law Enforcement","accessed":"2026-10-22"},{"url":"https://www.brevardclerk.us/departments/criminal/seal-or-expunge/","title":"Seal or Expunge","publisher":"Brevard County Clerk of the Circuit Court","accessed":"2026-10-22"},{"url":"https://browardsao.com/wp-content/uploads/2023/08/WHAT-TO-DO-ONCE-YOU-RECEIVE-YOUR-CERTIFICATE-FROM-FDLE-Revised-Aug-2023.pdf","title":"What to do once you receive your certificate from FDLE (rev. Aug. 2023)","publisher":"Office of the State Attorney, 17th Judicial Circuit (Broward)","accessed":"2026-10-21"}]},{"id":"court-ordered-expunction","name":"Court-ordered expunction","type":"expungement","effect":"Agencies must physically destroy or obliterate the records, except that FDLE keeps a confidential copy. Entities that could see a sealed record are told only that a record was expunged, unless a court orders otherwise. You may lawfully deny or fail to acknowledge the expunged arrests, with exceptions similar to sealing: criminal justice jobs, being a criminal defendant, further petitions, The Florida Bar, listed jobs and licenses involving children, elderly or disabled people, education and child-care jobs and licenses, certain insurance licenses, guardianship, and Care Provider Background Screening Clearinghouse screening (Fla. Stat. § 943.0585(6); FDLE FAQ).","covers":"Cases with no charges filed, or charges dismissed, dropped (nolle prosequi) or ending in acquittal, and records that have been sealed for at least 10 years.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["No charging document was ever filed, or the charges were dismissed, nolle prossed or ended in a judgment of acquittal or a not-guilty verdict (§ 943.0585(1)).","Or the record has been sealed by court order for at least 10 years. The 10-year rule does not apply if no plea was entered, if all charges were dismissed before trial, or if a judge or jury acquitted you or found you not guilty (§ 943.0585(1)(h)).","The state attorney or statewide prosecutor gives a written certified statement that the record meets the criteria.","You have never been adjudicated guilty in Florida of any criminal offense (or, as a minor, adjudicated delinquent for a felony or one of 13 listed misdemeanors), you were not adjudicated guilty for the conduct in this record, and you are no longer under court supervision for it.","You have never had a prior court-ordered sealing or expunction, except the earlier sealing of this same record.","The record is not ineligible under § 943.0584."],"not_eligible":["Anyone adjudicated guilty of any criminal offense in Florida, including DUI. FDLE's FAQ says an adult adjudication of guilt in any jurisdiction also makes you ineligible.","Conviction records for offenses listed in § 943.0584. A guilty or no-contest plea counts as a conviction even with adjudication withheld.","Anyone who has already used their one court-ordered sealing or expunction, unless the earlier relief was the sealing of this same record."],"waiting_periods":[{"record":"No charges filed, or charges dismissed, dropped or acquitted","wait":"No waiting period","detail":null},{"record":"Adjudication withheld (or not all charges dismissed before trial)","wait":"The record must first be sealed for at least 10 years","detail":"§ 943.0585(1)(h)"}],"automatic":"no","automatic_detail":null,"how_to_file":["Apply to FDLE for a certificate of eligibility, as for sealing, but also include the certified statement page completed by the state attorney or statewide prosecutor.","Include certified dispositions, fingerprints and the $75 fee (or a waiver request).","Within 12 months of getting the certificate, file a petition to expunge, a sworn statement, the certificate and a proposed order with the clerk of court, and give copies to the state attorney.","The petition is served on the state attorney and the arresting agency, who may respond. If the order is granted, the clerk certifies it and sends copies to the agencies, and FDLE forwards it to the FBI (§ 943.0585(5))."],"where":"First FDLE, for the certificate of eligibility. Then the court, through the clerk of court in the county where the case was handled.","forms":[{"name":"FDLE Seal and Expunge Application (online)","url":"https://web.fdle.state.fl.us/intakeweb/formrenderer.xhtml?pageId=se"},{"name":"FDLE Certificate of Eligibility Instructions","url":"https://www.fdle.state.fl.us/Seal-and-Expunge-Process/Certificate-of-Eligibility-Instructions"}],"cost":{"filing_fee_usd":null,"detail":"FDLE charges a $75 nonrefundable processing fee (§ 943.0585(2)). Clerk filing fees vary by county; Brevard and Broward list $42 plus copies and certification.","fee_waiver":"yes","fee_waiver_detail":"FDLE's executive director may waive the $75 fee (§ 943.0585(2)). Brevard County's clerk says this takes a written request and is granted only if the director finds it is 'in the best interests of criminal justice,' so it is not an income-based waiver. A statewide waiver of the clerk's fee was not confirmed."},"hearing":"not_stated","timeline":"FDLE review takes about 12 weeks or more, and the certificate is valid for 12 months.","statute":{"cite":"Fla. Stat. § 943.0585","url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0585.html"},"sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0585.html","title":"2026 Florida Statutes § 943.0585, Court-ordered expunction of criminal history records","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"https://www.fdle.state.fl.us/seal-and-expunge-process/frequently-asked-questions","title":"Seal and Expunge Frequently Asked Questions","publisher":"Florida Department of Law Enforcement","accessed":"2026-10-22"},{"url":"https://www.fdle.state.fl.us/Seal-and-Expunge-Process/Certificate-of-Eligibility-Instructions","title":"Certificate of Eligibility Instructions","publisher":"Florida Department of Law Enforcement","accessed":"2026-10-22"},{"url":"https://www.brevardclerk.us/departments/criminal/seal-or-expunge/","title":"Seal or Expunge","publisher":"Brevard County Clerk of the Circuit Court","accessed":"2026-10-22"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0584.html","title":"2026 Florida Statutes § 943.0584, Records ineligible for court-ordered expunction or sealing","publisher":"Florida Legislature","accessed":"2026-10-21"}]},{"id":"automatic-sealing","name":"Automatic sealing (non-conviction records)","type":"sealing","effect":"FDLE seals its record of the arrest when the clerk sends a qualifying disposition, and the clerk then keeps the court record confidential. Other criminal justice agencies do not have to seal their own copies. Otherwise the sealing has the same effect as a court-ordered sealing under § 943.059 (Fla. Stat. § 943.0595). FDLE notes this process does not seal records at the local level.","covers":"Arrests where no charges were filed, all charges were dismissed or dropped, or you were found not guilty or acquitted on all counts.","outcomes":["no_conviction"],"narrow":null,"eligible":["No charging document was filed, or all counts were dismissed or nolle prossed (except dismissals under §§ 916.145 or 985.19), or you were found not guilty on all counts (not by reason of insanity), or a judge entered a judgment of acquittal on all counts.","There is no limit on how many times a record can be sealed this way (§ 943.0595(2)(b))."],"not_eligible":["Records arising from a forcible felony as defined in § 776.08.","Records arising from offenses listed in § 943.0435(1)(h)1.a.(I), the sexual offender registration list."],"waiting_periods":[{"record":"Qualifying non-conviction disposition","wait":"None. Sealing happens when the clerk sends the disposition to FDLE","detail":null}],"automatic":"yes","automatic_detail":"You do not file anything. The clerk electronically sends a certified copy of the qualifying disposition to FDLE, FDLE seals its record and notifies the clerk, and the clerk keeps the court record confidential (§ 943.0595; FDLE). Records held by local agencies are not sealed by this process, so a court-ordered sealing or expunction may still help.","how_to_file":["Nothing to file. To confirm it happened, you can review your own Florida criminal history with FDLE, which FDLE says is free."],"where":"Handled by the clerk of court and FDLE.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No application and no fee.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":null,"statute":{"cite":"Fla. Stat. § 943.0595","url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0595.html"},"sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0595.html","title":"2026 Florida Statutes § 943.0595, Automatic sealing of criminal history records","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"https://www.fdle.state.fl.us/Seal-and-Expunge-Process","title":"Seal and Expunge Process","publisher":"Florida Department of Law Enforcement","accessed":"2026-10-22"}]},{"id":"human-trafficking-expunction","name":"Expunction for victims of human trafficking","type":"expungement","effect":"Records are destroyed or obliterated, except that FDLE keeps a confidential copy, and an expunged conviction is treated as vacated because of a substantive defect in the proceedings. You may deny or not acknowledge the expunged arrests, except when applying for a criminal justice job or when you are a defendant in a pending prosecution (Fla. Stat. § 943.0583).","covers":"Arrests, charges and convictions for offenses committed, or reported as committed, while you were a victim of human trafficking, as part of the trafficking scheme or at a trafficker's direction.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":"Survivors of human trafficking","eligible":["You were a victim of human trafficking, and the offense was committed as part of the trafficking scheme or at the direction of an operator.","Any disposition can qualify, including a conviction.","Official documentation of victim status creates a presumption, but it is not required. Without it, you must prove eligibility by clear and convincing evidence."],"not_eligible":["Offenses listed in § 775.084(1)(b)1."],"waiting_periods":[{"record":"Offense committed while a trafficking victim","wait":"No fixed waiting period","detail":"File with due diligence after you are no longer a victim or have sought victim services, subject to safety concerns."}],"automatic":"no","automatic_detail":null,"how_to_file":["File a petition with your sworn statement of eligibility and any official documentation of victim status. Multiple eligible cases can go in one petition.","The court decides; the statute does not create a right to expunction."],"where":"Any court in the judicial circuit where you were arrested that has jurisdiction over the class of offense, even if it is not the court where the case was handled (§ 943.0583).","forms":[],"cost":{"filing_fee_usd":0,"detail":"The clerk may not charge a filing fee, service charge, copy fee or any other charge (§ 943.0583).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Fla. Stat. § 943.0583","url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0583.html"},"sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0583.html","title":"2026 Florida Statutes § 943.0583, Human trafficking victim expunction","publisher":"Florida Legislature","accessed":"2026-10-21"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"Florida has no Clean Slate law for convictions. It does seal non-conviction records automatically at the state level: when charges are not filed, are dismissed or dropped, or end in acquittal or a not-guilty verdict, FDLE seals its record on receiving the clerk's disposition, unless the arrest was for a forcible felony or a sexual-registration offense (Fla. Stat. § 943.0595, created by ch. 2019-167 and amended in 2023 and 2025). Bills to allow repeat sealings and sealing of some misdemeanor convictions (HB 745 and SB 810, 2026) died in committee on March 13, 2026.","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0595.html","title":"2026 Florida Statutes § 943.0595","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"https://www.flsenate.gov/Session/Bill/2026/745/?StartTab=Citations","title":"CS/HB 745 (2026) Sealing of Criminal History Records: bill history","publisher":"The Florida Senate","accessed":"2026-10-21"},{"url":"https://www.flsenate.gov/Session/Bill/2026/745/Analyses/h0745a.CRM.PDF","title":"House staff analysis, HB 745 (2026)","publisher":"Florida House of Representatives (via flsenate.gov)","accessed":"2026-10-21"}]},"marijuana":{"detail":null,"sources":[]},"non_conviction":{"detail":"Cases where no charges were filed, all charges were dismissed or dropped, or you were acquitted are usually sealed automatically by FDLE (Fla. Stat. § 943.0595), with no limit on how many times. You can also ask a court to expunge them, which destroys the records and also reaches local agencies. That uses your one court-ordered sealing or expunction (§ 943.0585). An arrest made contrary to law or by mistake can be expunged administratively through FDLE, at the arresting agency's request or on your application endorsed by the agency head or state attorney (§ 943.0581). FDLE also offers lawful self-defense expunction when the state attorney certifies you acted in lawful self-defense and charges were not filed or were dismissed. Administrative, self-defense and human trafficking expunctions do not use up your one court-ordered sealing or expunction (FDLE FAQ).","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0595.html","title":"2026 Florida Statutes § 943.0595","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0581.html","title":"2026 Florida Statutes § 943.0581, Administrative expunction","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"https://www.fdle.state.fl.us/Seal-and-Expunge-Process","title":"Seal and Expunge Process","publisher":"Florida Department of Law Enforcement","accessed":"2026-10-22"},{"url":"https://www.fdle.state.fl.us/seal-and-expunge-process/frequently-asked-questions","title":"Seal and Expunge Frequently Asked Questions","publisher":"Florida Department of Law Enforcement","accessed":"2026-10-22"}]},"dui":{"eligible":"no","detail":"A DUI conviction cannot be sealed or expunged. Florida law forbids courts to suspend, defer or withhold adjudication of guilt for DUI (Fla. Stat. § 316.656(1)), and both sealing and expunction require that you were not adjudicated guilty. A DUI adjudication also blocks you from sealing or expunging any other Florida record, because both remedies require that you have never been adjudicated guilty of a criminal offense in Florida (§§ 943.059(1), 943.0585(1); FDLE FAQ). A DUI arrest that ended with no charges, a dismissal or an acquittal can be expunged by court order, and if it was not a forcible felony it is generally sealed automatically by FDLE (§ 943.0595). If a DUI charge ended in a plea to a different offense with adjudication withheld, that record may be sealable if the offense is not on the § 943.0584 list and you meet the other rules. DUI can also appear in driving records kept by the Department of Highway Safety and Motor Vehicles (FDLE FAQ).","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.656.html","title":"2026 Florida Statutes § 316.656, Mandatory adjudication","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"https://www.fdle.state.fl.us/seal-and-expunge-process/frequently-asked-questions","title":"Seal and Expunge Frequently Asked Questions","publisher":"Florida Department of Law Enforcement","accessed":"2026-10-22"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.059.html","title":"2026 Florida Statutes § 943.059","publisher":"Florida Legislature","accessed":"2026-10-21"}]},"employers":{"detail":"After a sealing or expunction you may lawfully deny or fail to acknowledge the arrests on most job applications. The exceptions include jobs with criminal justice agencies, The Florida Bar, listed jobs, licenses and contracts involving children, elderly or disabled people, education and child-care employment and licensing, certain insurance licenses, guardianship, and screening through the Care Provider Background Screening Clearinghouse (Fla. Stat. §§ 943.059(6), 943.0585(6)). The Clearinghouse exception, and FDLE disclosure of sealed records (or the existence of expunged records) to entities screening through it, were added by HB 1069 (ch. 2026-114), effective July 1, 2026 according to the bill analysis. We did not find a Florida law limiting when private employers may ask about criminal records.","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.059.html","title":"2026 Florida Statutes § 943.059","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0585.html","title":"2026 Florida Statutes § 943.0585","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"https://www.flsenate.gov/Session/Bill/2026/1069/Analyses/h1069a.JDC.PDF","title":"House Judiciary Committee analysis, HB 1069 (2026) Background Screenings","publisher":"Florida House of Representatives (via flsenate.gov)","accessed":"2026-10-21"},{"url":"https://www.flsenate.gov/Session/Bill/2026/1168","title":"SB 1168 (2026) bill history (companion passed as CS/CS/HB 1069, ch. 2026-114)","publisher":"The Florida Senate","accessed":"2026-10-21"}]},"free_help":[{"name":"FDLE Seal and Expunge Section","url":"https://www.fdle.state.fl.us/Seal-and-Expunge-Process","type":"state_agency","detail":"Official application, instructions and FAQ. Questions go to SEinfo@fdle.state.fl.us."},{"name":"Florida Law Help: Find a Provider","url":"https://www.floridalawhelp.org/find-provider","type":"legal_aid","detail":"Statewide legal information site from Florida legal aid partners, with a tool to find a local legal aid provider."}],"sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.059.html","title":"2026 Florida Statutes § 943.059","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0585.html","title":"2026 Florida Statutes § 943.0585","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0584.html","title":"2026 Florida Statutes § 943.0584","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0595.html","title":"2026 Florida Statutes § 943.0595","publisher":"Florida Legislature","accessed":"2026-10-21"},{"url":"https://www.fdle.state.fl.us/Seal-and-Expunge-Process","title":"Seal and Expunge Process","publisher":"Florida Department of Law Enforcement","accessed":"2026-10-22"},{"url":"https://www.fdle.state.fl.us/seal-and-expunge-process/frequently-asked-questions","title":"Seal and Expunge Frequently Asked Questions","publisher":"Florida Department of Law Enforcement","accessed":"2026-10-22"}],"last_verified":"2026-10-21"},{"slug":"georgia","code":"GA","name":"Georgia","terms":["record restriction","record sealing","pardon"],"summary":"Georgia doesn't expunge records. It 'restricts' them, which hides them from most employment and licensing background checks run through the Georgia Crime Information Center (GCIC), and courts can separately 'seal' the court file. Most arrests that didn't lead to a conviction can be restricted. Since January 1, 2021, people can petition to restrict up to two eligible misdemeanor convictions after four conviction-free years. Other convictions, including felonies, generally need a pardon first. DUI and other serious traffic convictions can't be restricted through the misdemeanor petition.","remedies":[{"id":"restriction-non-conviction","name":"Record restriction for arrests without a conviction","type":"sealing","effect":"A restricted record is available only to judicial officials and criminal justice agencies (for law enforcement, or for hiring by criminal justice agencies), not to private persons, businesses or licensing agencies, through the state criminal history (GCIC). GBI says even arrests restricted because time ran out don't appear on Georgia employment and licensing checks, though those are still shared with the FBI and other states. The same information may still exist with local agencies or private background vendors, so you may also want to have the court file sealed.","covers":"Arrests and charges that ended without a conviction, plus some completed diversion-type sentences, dead-docketed charges and vacated convictions.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["Arrests never referred for prosecution, if the arresting agency closes the case, or if no referral is made within 2 years (misdemeanors), 4 years (most felonies) or 7 years (serious violent felonies and certain felony sex offenses against a child under 16).","Cases referred for prosecution but dismissed before indictment or accusation.","Cases where the grand jury returned two no bills, or one no bill and the time limit above has passed.","Cases where all charges were dismissed, nolle prossed, or reduced to a local ordinance violation after indictment or accusation.","Conditional discharge under O.C.G.A. 16-13-2(a) or (c), if the court ordered restriction at sentencing or probation was completed.","Successful completion of a drug court, mental health court or veterans court program, with the case dismissed or nolle prossed and no arrest during the program (except nonserious traffic offenses).","Acquittal of all charges, unless the prosecutor shows within 10 days, by clear and convincing evidence, that the public interest clearly outweighs the harm (allowed only in limited situations).","By court petition, within 4 years of the arrest: a felony charge that was dismissed, nolle prossed or ended in acquittal when you were convicted only of a misdemeanor that isn't a lesser included offense of that felony (O.C.G.A. 35-3-37(j)(1)).","By court petition: a conviction that was vacated or reversed, if the prosecutor hasn't retried the case within 2 years after that order became final (35-3-37(j)(2)).","By court petition: a charge that has been on the dead docket for more than 12 months, unless an active warrant is pending (35-3-37(j)(3))."],"not_eligible":["Charges dismissed, nolle prossed or reduced because of a plea deal that led to a conviction from the same transaction.","Cases where the prosecutor was barred from using material evidence on legal grounds.","Conduct that was part of a pattern of criminal activity prosecuted in another court in Georgia or another country.","People who had diplomatic, consular or similar immunity.","Cases where only some of the charges ended in acquittal (though a felony charge can be restricted by petition when you were convicted only of a misdemeanor that isn't a lesser included offense; see above).","Acquittals later found to result from jury tampering or judicial misconduct."],"waiting_periods":[{"record":"Misdemeanor arrest never referred for prosecution","wait":"2 years after the arrest","detail":"GCIC restricts the arrest automatically if it gets no notice of a referral in that time ('time-expired' restriction). GBI says these still go to the FBI and other states for out-of-state checks."},{"record":"Felony arrest never referred (other than serious violent felonies and certain sex offenses against a child under 16)","wait":"4 years after the arrest","detail":null},{"record":"Serious violent felony or qualifying felony sex offense against a child under 16, never referred","wait":"7 years after the arrest","detail":null},{"record":"Felony charge ended without conviction, but convicted of a separate misdemeanor","wait":"File within 4 years of the arrest (a deadline, not a wait)","detail":"If you ask for a hearing, it must be held within 90 days (35-3-37(j)(1))."},{"record":"Vacated or reversed conviction","wait":"2 years after the order vacating or reversing it became final, if the case wasn't retried","detail":null},{"record":"Charge on the dead docket","wait":"More than 12 months on the dead docket","detail":"The court can't grant it while an active warrant is pending."}],"automatic":"some","automatic_detail":"For arrests on or after July 1, 2013 there is no application; GBI says to contact the prosecutor to have the record restricted, and Georgia's courts say the prosecutor may approve restriction at sentencing. Arrests never referred for prosecution are restricted automatically by GCIC after 2, 4 or 7 years. Arrests before July 1, 2013 require an application.","how_to_file":["Get your GCIC criminal history to see how each arrest is listed.","For an arrest on or after July 1, 2013, contact the prosecutor's office that handled the case and ask for restriction.","For an arrest before July 1, 2013, fill out Section 1 of the GBI Request to Restrict Arrest Record (one form per arrest date) and give it to the arresting agency. The agency forwards it to the prosecutor, who has 90 days to decide.","If the prosecutor approves but doesn't enter the restriction in the state system, send the approved form and the $25 GCIC fee to GCIC Record Restrictions, P.O. Box 370808, Decatur, GA 30037-0808.","For a dismissed felony with a separate misdemeanor conviction, a vacated or reversed conviction, or a charge on the dead docket, file a petition with the court that handled the case (or where the dead-docketed charge is pending) under O.C.G.A. 35-3-37(j)(1)-(3).","To hide the court file too, petition the court that handled the case to seal the clerk's records (O.C.G.A. 35-3-37(m)). The clerk must restrict the documents within 60 days of the order. You can also ask the county or city jail in writing to restrict its records; it must do so within 30 days."],"where":"The prosecutor's office (arrests on or after July 1, 2013) or the arresting agency (arrests before July 1, 2013); the court that handled the case for (j)(1)-(3) petitions and for sealing the court file.","forms":[{"name":"Request to Restrict Arrest Record: instructions and request form (arrests before July 1, 2013)","url":"https://gbi.georgia.gov/document/publication/request-restrict-arrest-record-instructions-and-request-form/download"}],"cost":{"filing_fee_usd":null,"detail":"For arrests before July 1, 2013: the arresting agency may charge a processing fee of up to $50, plus a $25 GCIC fee paid by money order or certified check to 'Georgia Bureau of Investigation' (not needed if the prosecutor enters the restriction directly). No application fee is listed for arrests on or after July 1, 2013. Court fees for a petition to seal the court file weren't confirmed.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"For pre-2013 arrests, the prosecutor has 90 days to decide; silence is treated as no objection. Clerks must restrict sealed court records within 60 days of a sealing order.","statute":{"cite":"O.C.G.A. 35-3-37(h), (i), (j)(1)-(3), (k), (m), (n)","url":"https://gov.georgia.gov/document/2020-signed-legislation/sb-288/download"},"sources":[{"url":"https://gov.georgia.gov/document/2020-signed-legislation/sb-288/download","title":"SB 288 (2020), as signed","publisher":"Office of the Governor of Georgia","accessed":"2026-10-21"},{"url":"https://gbi.georgia.gov/services/georgia-criminal-history-record-restrictions","title":"Georgia Criminal History Record Restrictions","publisher":"Georgia Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://gbi.georgia.gov/document/publication/request-restrict-arrest-record-instructions-and-request-form/download","title":"Request to Restrict Arrest Record: Instructions and Request Form","publisher":"Georgia Bureau of Investigation","accessed":"2026-10-21"},{"url":"https://gbi.georgia.gov/document/document/georgia-law-regarding-time-expired-restriction-notifications/download","title":"Georgia Law Regarding Time Expired Restriction Notifications","publisher":"Georgia Bureau of Investigation","accessed":"2026-10-21"},{"url":"https://georgiacourts.gov/a2j/self-help-resources/record-restrictions-expungement/","title":"Record Restrictions/Expungement","publisher":"Judicial Council of Georgia / Administrative Office of the Courts","accessed":"2026-10-22"},{"url":"https://www.gwinnettcounty.com/government/departments/solicitor/record-restrictions-information","title":"Record Restrictions Information","publisher":"Gwinnett County Solicitor-General","accessed":"2026-10-21"}]},{"id":"restriction-misdemeanor-conviction","name":"Record restriction for misdemeanor convictions","type":"sealing","effect":"If the court grants the petition, the conviction is restricted on your state criminal history, so it is hidden from private persons, businesses and licensing agencies that get records through GCIC. Criminal justice agencies and judicial officials can still see it.","covers":"Up to two eligible Georgia misdemeanor convictions in your lifetime (a series of misdemeanors from one incident counts as one).","outcomes":["misdemeanor"],"narrow":null,"eligible":["A Georgia misdemeanor conviction, or a series of misdemeanors from a single incident.","You have completed the terms of your sentence.","You haven't been convicted of any crime in any jurisdiction for at least 4 years before filing, not counting nonserious traffic offenses.","You have no pending charges."],"not_eligible":["Any serious traffic offense under O.C.G.A. Title 40, Chapter 6, Article 15, which includes DUI (O.C.G.A. 40-6-391), reckless driving and homicide by vehicle.","Family violence simple assault, simple battery and battery (with some exceptions for youthful offenders), stalking, and violating a family violence order.","Child molestation, enticing a child for indecent purposes, improper sexual contact by an employee or agent, and offenses related to minors under Part 2 of Article 3 of Chapter 12 of Title 16.","Public indecency, keeping a place of prostitution, pimping, pandering by compulsion, sexual battery, obstructing an emergency call, and Peeping Tom offenses.","Theft under Chapter 8 of Title 16, except misdemeanor shoplifting or refund fraud (O.C.G.A. 16-8-14, 16-8-14.1).","A third conviction, once two convictions have been restricted under this petition."],"waiting_periods":[{"record":"Eligible misdemeanor conviction","wait":"Sentence completed, and no conviction in any jurisdiction during the 4 years before filing","detail":"Available since January 1, 2021 (SB 288, Georgia's Second Chance law). Nonserious traffic offenses don't count against you. The statute counts the 4 years back from the filing date (35-3-37(j)(4)(A)); Gwinnett County's Solicitor-General describes it as four years after you complete your sentence, so some offices may read it that way."},{"record":"Refiling after a denial","wait":"2 years after the final order","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your GCIC criminal history and the sentencing papers for the conviction.","File a petition in the court where you were convicted and serve a copy on the prosecutor.","The court considers your conduct and grants restriction only if it finds the harm to you clearly outweighs the public's interest in the record being public.","If granted, also ask the court to seal the clerk's records and ask the jail to restrict its records."],"where":"The court where you were convicted.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The statute sets no specific fee for this petition; court filing fees weren't confirmed on an official page and may vary by court.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"O.C.G.A. 35-3-37(j)(4)","url":"https://gov.georgia.gov/document/2020-signed-legislation/sb-288/download"},"sources":[{"url":"https://gov.georgia.gov/document/2020-signed-legislation/sb-288/download","title":"SB 288 (2020), as signed","publisher":"Office of the Governor of Georgia","accessed":"2026-10-21"},{"url":"https://www.gwinnettcounty.com/government/departments/solicitor/record-restrictions-information","title":"Record Restrictions Information","publisher":"Gwinnett County Solicitor-General","accessed":"2026-10-21"}]},{"id":"pardon","name":"Pardon (State Board of Pardons and Paroles)","type":"pardon","effect":"A pardon is official forgiveness, granted at the Board's discretion. It does not expunge, remove or erase the conviction; the pardon is attached to the criminal record. It may help with jobs or education, and it opens the door to a court petition to restrict the pardoned conviction (see the next remedy). The Board advises answering 'yes' if an employer asks about convictions, then explaining the pardon and showing the paperwork.","covers":"Georgia convictions, including felonies, after a waiting period.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["All sentences completed at least 5 years before applying.","Law-abiding for the 5 years before applying.","No pending charges.","All fines paid in full.","For sex offenses that require registration: 10 years since all sentences ended and 10 law-abiding years, plus a psychosexual evaluation, a disclosure polygraph (both within 90 days, at your cost) and a current risk-level evaluation."],"not_eligible":["Anyone with pending charges or unpaid fines.","Cases on a dead docket must be resolved before applying."],"waiting_periods":[{"record":"Most convictions","wait":"5 years after all sentences are completed","detail":null},{"record":"Sex offenses requiring registry listing","wait":"10 years after all sentences are completed","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Apply online through the Board's portal; since January 2, 2024 paper applications are returned.","Upload your Georgia criminal history and certified sentence documents for any disposition missing from your record, or the application won't be processed.","Check your online account and email for status updates and requests for information."],"where":"Georgia State Board of Pardons and Paroles.","forms":[{"name":"Pardons & Restoration of Rights (online application and user guide)","url":"https://pap.georgia.gov/parole-population-georgia/pardons-restoration-rights"}],"cost":{"filing_fee_usd":0,"detail":"No application fee, and you don't need a lawyer. Sex-offense applicants pay for the required evaluation and polygraph.","fee_waiver":"not_stated","fee_waiver_detail":"No fee to waive."},"hearing":"not_stated","timeline":"Typically 6 to 9 months, possibly longer.","statute":{"cite":"Ga. Comp. R. & Regs. 475-3-.10 (State Board of Pardons and Paroles rule)","url":"https://rules.sos.ga.gov/GAC/475-3-.10"},"sources":[{"url":"https://pap.georgia.gov/parole-population-georgia/pardons-restoration-rights","title":"Pardons & Restoration of Rights","publisher":"Georgia State Board of Pardons and Paroles","accessed":"2026-10-22"}]},{"id":"restriction-pardoned-offense","name":"Record restriction after a pardon","type":"sealing","effect":"Restricts the pardoned conviction on your state criminal history, hiding it from private persons, businesses and licensing agencies that get records through GCIC.","covers":"A Georgia conviction that has been pardoned, other than serious violent felonies and sexual offenses.","outcomes":["misdemeanor","felony"],"narrow":"Only after a pardon","eligible":["A Georgia conviction for which a pardon was granted.","No convictions since the pardon, not counting nonserious traffic offenses.","No pending charges."],"not_eligible":["Serious violent felonies as defined in O.C.G.A. 17-10-6.1.","Sexual offenses as defined in O.C.G.A. 17-10-6.2."],"waiting_periods":[{"record":"Pardoned conviction","wait":"Any time after the pardon, if you have no new conviction and no pending charges","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Get a pardon from the State Board of Pardons and Paroles first.","Petition the court where you were convicted to restrict the record.","The court grants it if the harm to you clearly outweighs the public's interest in the record being public."],"where":"The court where the conviction occurred.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The statute sets no specific fee for this petition; court filing fees weren't confirmed.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"O.C.G.A. 35-3-37(j)(7) (numbered (j)(6) in SB 288 as signed in 2020)","url":"https://gov.georgia.gov/document/2020-signed-legislation/sb-288/download"},"sources":[{"url":"https://gov.georgia.gov/document/2020-signed-legislation/sb-288/download","title":"SB 288 (2020), as signed","publisher":"Office of the Governor of Georgia","accessed":"2026-10-21"},{"url":"https://pap.georgia.gov/parole-population-georgia/pardons-restoration-rights","title":"Pardons & Restoration of Rights","publisher":"Georgia State Board of Pardons and Paroles","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":"2013-07-01","detail":"Georgia has no broad Clean Slate law. For arrests on or after July 1, 2013, restriction of non-convictions happens without an application: the prosecutor handles it, and GCIC automatically restricts arrests never referred for prosecution after 2 years (misdemeanors), 4 years (most felonies) or 7 years (serious violent felonies and certain child sex offenses). Convictions need a petition, and court files need a separate sealing petition.","sources":[{"url":"https://gbi.georgia.gov/services/georgia-criminal-history-record-restrictions","title":"Georgia Criminal History Record Restrictions","publisher":"Georgia Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://gbi.georgia.gov/document/document/georgia-law-regarding-time-expired-restriction-notifications/download","title":"Georgia Law Regarding Time Expired Restriction Notifications","publisher":"Georgia Bureau of Investigation","accessed":"2026-10-21"},{"url":"https://georgiacourts.gov/a2j/self-help-resources/record-restrictions-expungement/","title":"Record Restrictions/Expungement","publisher":"Judicial Council of Georgia / Administrative Office of the Courts","accessed":"2026-10-22"}]},"marijuana":{"detail":null,"sources":[]},"non_conviction":{"detail":"Arrests that ended without a conviction (never referred, dismissed, nolle prossed, no-billed twice, reduced to a local ordinance violation, or acquitted on all charges) can generally be restricted, with exceptions such as charges dropped as part of a plea deal on another charge from the same incident. For arrests on or after July 1, 2013, contact the prosecutor; there's no application. For arrests before July 1, 2013, apply through the arresting agency (up to $50 agency fee plus a $25 GCIC fee). Arrests never referred for prosecution are restricted automatically after 2, 4 or 7 years. You can also petition the court to restrict a charge on the dead docket for more than 12 months, a conviction vacated or reversed and not retried within 2 years, or (within 4 years of arrest) a felony charge that ended without conviction when you were convicted only of a misdemeanor that isn't a lesser included offense (O.C.G.A. 35-3-37(j)(1)-(3)). Restriction covers the state criminal history; you need a separate court petition to seal the clerk's file.","sources":[{"url":"https://gov.georgia.gov/document/2020-signed-legislation/sb-288/download","title":"SB 288 (2020), as signed","publisher":"Office of the Governor of Georgia","accessed":"2026-10-21"},{"url":"https://gbi.georgia.gov/services/georgia-criminal-history-record-restrictions","title":"Georgia Criminal History Record Restrictions","publisher":"Georgia Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://gbi.georgia.gov/document/publication/request-restrict-arrest-record-instructions-and-request-form/download","title":"Request to Restrict Arrest Record: Instructions and Request Form","publisher":"Georgia Bureau of Investigation","accessed":"2026-10-21"},{"url":"https://gbi.georgia.gov/document/document/georgia-law-regarding-time-expired-restriction-notifications/download","title":"Georgia Law Regarding Time Expired Restriction Notifications","publisher":"Georgia Bureau of Investigation","accessed":"2026-10-21"}]},"dui":{"eligible":"some","detail":"Not through the usual misdemeanor petition: 'any serious traffic offense' under O.C.G.A. Title 40, Chapter 6, Article 15, which includes DUI (40-6-391), is excluded from misdemeanor conviction restriction. The route the statute leaves open is a pardon: you can apply to the State Board of Pardons and Paroles 5 years after completing all sentences, and a pardoned conviction can then be restricted by petition unless it is a serious violent felony or sexual offense. We found no official page applying that route to DUI specifically, and a pardon is discretionary. A DUI arrest that ended in dismissal, nolle prosequi or acquittal can generally be restricted like other non-convictions, unless it was dropped as part of a plea to another charge from the same incident.","sources":[{"url":"https://gov.georgia.gov/document/2020-signed-legislation/sb-288/download","title":"SB 288 (2020), as signed","publisher":"Office of the Governor of Georgia","accessed":"2026-10-21"},{"url":"https://pap.georgia.gov/parole-population-georgia/pardons-restoration-rights","title":"Pardons & Restoration of Rights","publisher":"Georgia State Board of Pardons and Paroles","accessed":"2026-10-22"}]},"employers":{"detail":"Restricted records are available only to judicial officials and criminal justice agencies, not to private persons, businesses or licensing agencies, through the state criminal history (O.C.G.A. 35-3-37(a)(6)). A restricted record can still be used to disqualify someone from certain jobs in the same way as a first offender discharge under O.C.G.A. 42-8-63.1, and restriction doesn't override disclosures federal law requires, such as for financial institutions (35-3-37(u)). In lawsuits against an employer over an employee's conduct, criminal history is generally inadmissible if it was restricted or sealed (or pardoned) before the conduct, or if it is an arrest or charge that didn't lead to a conviction (O.C.G.A. 24-4-419). We found no Georgia statute limiting when private employers may ask about criminal records.","sources":[{"url":"https://gov.georgia.gov/document/2020-signed-legislation/sb-288/download","title":"SB 288 (2020), as signed","publisher":"Office of the Governor of Georgia","accessed":"2026-10-21"},{"url":"https://pap.georgia.gov/parole-population-georgia/pardons-restoration-rights","title":"Pardons & Restoration of Rights","publisher":"Georgia State Board of Pardons and Paroles","accessed":"2026-10-22"}]},"free_help":[{"name":"Georgia Courts: Record Restrictions/Expungement","url":"https://georgiacourts.gov/a2j/self-help-resources/record-restrictions-expungement/","type":"court_self_help","detail":"Explains the restriction process and links Georgia Legal Aid videos and local expungement desks (Cobb, Henry, Middle Georgia)."},{"name":"Georgia Bureau of Investigation, GCIC record restrictions","url":"https://gbi.georgia.gov/services/georgia-criminal-history-record-restrictions","type":"state_agency","detail":"Restriction application for arrests before July 1, 2013 (filed with the arresting agency); questions about record restrictions to the GCIC helpline, (404) 244-2639, option 1."},{"name":"Georgia State Board of Pardons and Paroles","url":"https://pap.georgia.gov/parole-population-georgia/pardons-restoration-rights","type":"state_agency","detail":"Free online pardon and restoration-of-rights applications; no lawyer needed."},{"name":"Georgia Justice Project","url":"https://www.gjp.org","type":"legal_aid","detail":"Nonprofit listed by Georgia's courts as an expungement desk for record restriction help."}],"sources":[{"url":"https://gov.georgia.gov/document/2020-signed-legislation/sb-288/download","title":"SB 288 (2020), as signed","publisher":"Office of the Governor of Georgia","accessed":"2026-10-21"},{"url":"https://georgiacourts.gov/a2j/self-help-resources/record-restrictions-expungement/","title":"Record Restrictions/Expungement","publisher":"Judicial Council of Georgia / Administrative Office of the Courts","accessed":"2026-10-22"},{"url":"https://gbi.georgia.gov/services/georgia-criminal-history-record-restrictions","title":"Georgia Criminal History Record Restrictions","publisher":"Georgia Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://gbi.georgia.gov/document/publication/request-restrict-arrest-record-instructions-and-request-form/download","title":"Request to Restrict Arrest Record: Instructions and Request Form","publisher":"Georgia Bureau of Investigation","accessed":"2026-10-21"},{"url":"https://gbi.georgia.gov/document/document/georgia-law-regarding-time-expired-restriction-notifications/download","title":"Georgia Law Regarding Time Expired Restriction Notifications","publisher":"Georgia Bureau of Investigation","accessed":"2026-10-21"},{"url":"https://www.gwinnettcounty.com/government/departments/solicitor/record-restrictions-information","title":"Record Restrictions Information","publisher":"Gwinnett County Solicitor-General","accessed":"2026-10-21"},{"url":"https://pap.georgia.gov/parole-population-georgia/pardons-restoration-rights","title":"Pardons & Restoration of Rights","publisher":"Georgia State Board of Pardons and Paroles","accessed":"2026-10-22"},{"url":"https://gbi.georgia.gov/services/obtaining-criminal-history-record-information-frequently-asked-questions","title":"Obtaining Criminal History Record Information Frequently Asked Questions","publisher":"Georgia Bureau of Investigation","accessed":"2026-10-22"}],"last_verified":"2026-10-21"},{"slug":"hawaii","code":"HI","name":"Hawaii","terms":["expungement","expungement order","deferred acceptance of guilty plea (DAG)","deferred acceptance of no contest plea (DANC)","conditional discharge"],"summary":"In Hawaii, most record clearing is for arrests and charges that didn't end in a conviction: the Attorney General's Criminal Justice Data Center expunges them on written application for $35 ($50 after a first expungement). Charges dismissed after a deferred acceptance of guilty or no contest plea can be expunged 1 year after discharge. Most convictions can't be expunged; the exceptions are narrow, such as drug possession felonies or first-time property felonies after court-ordered treatment, marijuana possession of 3 grams or less, and an under-21 alcohol driving violation. Hawaii has no automatic Clean Slate law; a task force's final report is due before the 2027 session.","remedies":[{"id":"non-conviction-expungement","name":"Expungement of arrest records (no conviction)","type":"expungement","effect":"The Attorney General issues an expungement order that annuls, cancels and rescinds the arrest record. The person is treated as not having been arrested in all respects not otherwise provided for, and arrest records held by state and county law enforcement are moved to a confidential file. That file can be opened only for a court preparing a presentence report, a government agency considering the person for a job directly affecting national or state security, or law enforcement acting within its duties; any other inquiry gets the same answer as for someone with no arrest record (HRS § 831-3.2(b)-(d)). The certificate lets the person say, under oath or not, that they have no record of that arrest, without risk of perjury, a lawsuit, being fired or other adverse action (§ 831-3.2(e)). Since July 1, 2025, orders that list a court case number are sent to the Judiciary, which seals or removes the case from its public electronic databases, unless the case also has a charge that wasn't expunged or a co-defendant who hasn't had an expungement (§ 831-3.2(f); Act 3 of 2025).","covers":"Arrests and charges that did not end in a conviction for a crime, including dismissals, acquittals, completed deferred pleas, and (since June 25, 2026) charges for a crime that ended in a conviction only for a non-criminal violation.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["A person arrested for, or charged with but not convicted of, a crime (HRS § 831-3.2(a)).","A person arrested for or charged with a crime but convicted only of a violation, which is not a crime under Hawaii law (added by Act 152 of 2026, effective June 25, 2026, following Barker v. Young, 153 Haw. 144 (2023)).","A person found eligible for redress (wrongful conviction compensation) under HRS chapter 661B (§ 831-3.2(a)).","A person whose charge was dismissed after a deferred acceptance of guilty or no contest plea, once 1 year has passed since discharge (§ 831-3.2(a)(5); § 853-1(e)), or 3 years for a deferred prostitution charge (§ 712-1200(4)(c))."],"not_eligible":["Felony or misdemeanor arrests where no conviction was obtained because bail was forfeited (§ 831-3.2(a)(1)).","Petty misdemeanor or violation arrests or citations ending in bail forfeiture, until 5 years have passed (§ 831-3.2(a)(2)).","Cases where no conviction was obtained because the person made prosecution impossible by leaving the jurisdiction (§ 831-3.2(a)(3)).","People involuntarily hospitalized under § 706-607, or acquitted or whose charges were dismissed under chapter 704 because of a physical or mental disease, disorder or defect (§ 831-3.2(a)(4)).","Charges with no final disposition yet (Data Center FAQ).","Convictions for crimes, unless a court has ordered a conviction expunged under a specific statute (Data Center FAQ). A pardon does not make a charge eligible; the pardon is noted on the record instead.","A citation or summons with no arrest or booking: the Data Center says there is no arrest record to expunge."],"waiting_periods":[{"record":"Dismissal, acquittal or other non-conviction ending","wait":"None once the case has a final disposition","detail":null},{"record":"Charge dismissed after a deferred acceptance of guilty or no contest plea","wait":"1 year after discharge and dismissal","detail":"HRS §§ 831-3.2(a)(5), 853-1(e)."},{"record":"Prostitution charge (§ 712-1200) dismissed after a deferred plea","wait":"3 years after discharge","detail":"HRS § 712-1200(4)(c); Act 176 of 2019 cut this wait from 4 years to 3. The Data Center's application form and FAQ say 3 years; its main Expungements page still says 4 years."},{"record":"Petty misdemeanor or violation ending in bail forfeiture","wait":"5 years after arrest or citation","detail":"HRS § 831-3.2(a)(2). Felony and misdemeanor bail forfeitures can't be expunged."}],"automatic":"no","automatic_detail":"A written application to the Data Center is required. Once an order is issued (on or after July 1, 2025), sending it to the Judiciary to seal the public court record happens without a second request.","how_to_file":["Look up your case dispositions on the Judiciary's eCourt Kokua; a certified copy of a dismissal order isn't required for a non-conviction expungement, but the Data Center says it helps.","Fill out the Expungement Application (Form HCJDC 159(b)) and attach a copy of a valid government-issued photo ID.","Include a cashier's check or money order for the fee and a self-addressed stamped envelope.","Mail it to the Hawaii Criminal Justice Data Center, Attn: Expungement, 465 South King Street, Room 102, Honolulu, HI 96813, or drop it in the drop box in Room 102. The Data Center doesn't give status updates by phone or email; it notifies applicants by mail if denied.","If you received or applied for your expungement certificate before July 1, 2025, send a written request to the court to seal or remove the court record; the Judiciary says this second step is still needed in those cases."],"where":"Hawaii Criminal Justice Data Center (Department of the Attorney General), Honolulu.","forms":[{"name":"Expungement Application (Form HCJDC 159(b))","url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf"}],"cost":{"filing_fee_usd":35,"detail":"The Hawaii Criminal Justice Data Center charges $35 for a first-time expungement and $50 for a later one; $10 of the fee is a non-refundable processing fee, and the rest is refunded if the application is denied. A duplicate certificate costs $20. Pay by cashier's check or money order issued in the United States, payable to \"State of Hawaii\"; personal and business checks are not accepted.","fee_waiver":"not_stated","fee_waiver_detail":"The Data Center's pages, application form and HRS § 831-3.2 do not mention a fee waiver."},"hearing":"no","timeline":"Up to 120 days; expedited service is not available. The certificate is mailed to you. Fingerprints and photographs you ask to have returned are delivered within 120 days, unless you have a conviction record or are a fugitive (§ 831-3.2(a)).","statute":{"cite":"HRS § 831-3.2","url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0002.htm"},"sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0002.htm","title":"HRS § 831-3.2. Expungement orders","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/session2026/bills/GM1253_.PDF","title":"Gov. Msg. No. 1253 and Act 152 (2026), H.B. 2279 C.D. 1, Relating to Expungement Orders (approved June 25, 2026)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2025/SLH2025_Act3.pdf","title":"Act 3, Session Laws of Hawaii 2025 (H.B. 145), Relating to Expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1200.htm","title":"HRS § 712-1200. Prostitution (subsection (4)(c): 3-year wait for expungement after a deferred plea)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0853/HRS_0853-0001.htm","title":"HRS § 853-1. Deferred acceptance of guilty plea or nolo contendere plea; discharge and dismissal, expungement of records","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungements/","title":"Expungements","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungement-frequently-asked-questions/","title":"Expungement Frequently Asked Questions","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf","title":"Expungement Application, Form HCJDC 159(b) (Rev. 06/03/2026)","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://www.courts.state.hi.us/requests-for-sealing-court-records","title":"Expunging Hawai'i Arrest Records and Removing Court Records","publisher":"Hawaii State Judiciary","accessed":"2026-10-22"}]},{"id":"deferred-acceptance-plea","name":"Deferred acceptance of guilty or no contest plea (DAG/DANC), then expungement","type":"dismissal","effect":"The court accepts a guilty or no contest plea but does not enter a judgment of guilt and puts the case on hold with conditions. If the person completes the deferral period and follows the conditions, the court discharges them and dismisses the charge. The dismissal is without adjudication of guilt, eliminates any civil admission of guilt and is not a conviction (HRS § 853-1(c)-(d)). One year after discharge the person may apply to the Attorney General to expunge the arrest record (§ 853-1(e)). If a condition is violated, the court may enter a conviction and sentence (§ 853-3).","covers":"Felony, misdemeanor and petty misdemeanor charges where the court agrees, before trial, to defer accepting the plea; it has to be asked for while the case is open.","outcomes":["diversion"],"narrow":null,"eligible":["A defendant who voluntarily pleads guilty or no contest before trial starts to a felony, misdemeanor or petty misdemeanor (§ 853-1(a)(1)).","The court must find the person is not likely to commit crimes again and that justice and the welfare of society don't require the penalty now; it considers any recommendation from the prosecutor and needs the defendant's consent (§ 853-1(a)).","Misdemeanor or petty misdemeanor abuse of a family or household member can get a deferred acceptance of guilty plea if the person has no prior conviction, or has never had a deferred plea for a charge under § 709-906 (§ 709-906(18), added by Act 19 of 2020). That provision was set to end June 30, 2026. Act 192 of 2026 (approved July 7, 2026; its text says it takes effect June 29, 2026) extends it through June 30, 2031, but Act 151 of 2026 changed the same sunset in a different way, and we found no official source reconciling the two."],"not_eligible":["Offenses involving killing another person, or conspiracy or solicitation to kill or cause serious bodily injury (§ 853-4(a)(1), (3)).","Felonies involving intentional, knowing or reckless bodily injury, and misdemeanors or petty misdemeanors with a mandatory minimum that involve such injury (§ 853-4(a)(2)).","Class A felonies and nonprobationable offenses, such as OVUII (§ 853-4(a)(4)-(5)).","Anyone with a prior felony conviction in any jurisdiction, or a juvenile adjudication for a felony-level offense (§ 853-4(a)(6)-(8)).","Offenses where a firearm was used, or distribution of drugs to a minor (§ 853-4(a)(9)-(10)).","A felony charge if the person ever had a prior deferred plea, or a misdemeanor charge while a prior deferral period is still running (§ 853-4(a)(11)-(12)).","Listed offenses, including escape, promoting prison contraband, bail jumping, bribery, witness or juror intimidation, promoting prostitution, abuse of a family or household member (outside § 709-906(18)), second- and third-degree sexual assault, violating a chapter 586 protective order, promoting child abuse, electronic enticement of a child, commercial sexual exploitation offenses, some privacy offenses, habitual OVUII, first- and second-degree promoting gambling, and some campaign-spending offenses (§ 853-4(a)(13)-(14)).","Commercial driver's license holders charged with a traffic law violation other than parking (§ 853-4(a)(15)).","A second prostitution offense (§ 712-1200(4)(b))."],"waiting_periods":[{"record":"Expungement after a completed deferral (most charges)","wait":"1 year after discharge and dismissal","detail":"HRS §§ 853-1(e), 831-3.2(a)(5)."},{"record":"Expungement after a completed deferral for prostitution (§ 712-1200)","wait":"3 years after discharge","detail":"HRS § 712-1200(4)(c)."}],"automatic":"no","automatic_detail":null,"how_to_file":["While the case is open and before trial, the defendant, the prosecutor or the court can move for a deferred acceptance of the plea (§ 853-2). Talk with your defense attorney or the public defender.","Complete the deferral period and every condition the court sets (conditions can be any probation condition under § 706-624). A petty misdemeanor deferral can't last more than 1 year.","After the court discharges you and dismisses the charge, wait 1 year (3 years for prostitution), then apply to the Hawaii Criminal Justice Data Center with Form HCJDC 159(b) to expunge the arrest record."],"where":"The court handling the criminal case (District Court or Circuit Court); the later expungement goes to the Hawaii Criminal Justice Data Center.","forms":[{"name":"Expungement Application (Form HCJDC 159(b))","url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf"}],"cost":{"filing_fee_usd":null,"detail":"The court must impose a compensation fee (HRS § 351-62.6) and a probation services fee (§ 706-648) as conditions of the deferral, but must waive them if it finds the person can't pay (§ 853-1(b)). The later expungement application costs $35 for a first-time expungement or $50 for a later one.","fee_waiver":"yes","fee_waiver_detail":"The court waives the compensation and probation services fees if it finds the defendant unable to pay (§ 853-1(b)). We found no waiver for the Data Center's expungement fee."},"hearing":"yes","timeline":"The deferral lasts as long as the court sets, up to the maximum sentence (up to 1 year for a petty misdemeanor); expungement can be requested 1 year after discharge and takes up to 120 days.","statute":{"cite":"HRS ch. 853 (§§ 853-1 to 853-4)","url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0853/HRS_0853-0001.htm"},"sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0853/HRS_0853-0001.htm","title":"HRS § 853-1. Deferred acceptance of guilty plea or nolo contendere plea; discharge and dismissal, expungement of records","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0853/HRS_0853-0004.htm","title":"HRS § 853-4. Chapter not applicable; when","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0709/HRS_0709-0906.htm","title":"HRS § 709-906. Abuse of family or household members; penalty (subsection (18): deferred pleas)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0002.htm","title":"HRS § 831-3.2. Expungement orders","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1200.htm","title":"HRS § 712-1200. Prostitution (subsection (4)(c): 3-year wait for expungement after a deferred plea)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0061.htm","title":"HRS § 291E-61. Operating a vehicle under the influence of an intoxicant","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/session2026/Bills/HB1959_CD1_.HTM","title":"H.B. 1959 C.D. 1 (2026), Relating to Domestic Violence (Act 192, 2026; approved July 7, 2026; text sets an effective date of June 29, 2026)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/session2026/rss/HB1959.xml","title":"HB1959 (2026) status feed: Act 192, approved July 7, 2026 (Gov. Msg. No. 1294)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/session2026/Bills/SB2721_CD1_.HTM","title":"S.B. 2721 C.D. 1 (2026), Relating to the Administration of Justice (Act 151, 2026; Part XI, effective June 29, 2026, amends the Act 19 (2020) sunset)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungements/","title":"Expungements","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf","title":"Expungement Application, Form HCJDC 159(b) (Rev. 06/03/2026)","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"}]},{"id":"first-time-drug-possession-expungement","name":"Expungement after treatment probation for a drug possession felony","type":"expungement","effect":"The sentencing court issues an order expunging the record of conviction for that offense (HRS § 706-622.5(4)). The Data Center then removes the conviction from the statewide criminal history repository; it says the arresting agency and the courts may still keep and release their records.","covers":"Felony drug possession or drug paraphernalia convictions where the person was sentenced to probation with substance abuse treatment under § 706-622.5 (or before July 1, 2004 under the same rules, § 706-622.8).","outcomes":["felony"],"narrow":"Drug possession felonies sentenced to treatment","eligible":["A first or second conviction for a felony drug possession or use offense under part IV of chapter 712, or drug paraphernalia under § 329-43.5, sentenced to probation with substance abuse treatment under § 706-622.5(1)-(2). The court must have found the person nonviolent, a certified counselor must have assessed a need for treatment, and the person must have had a treatment plan.","The person completed the treatment program and the other terms of probation; the court then must issue the order on written application by the person or a probation officer (§ 706-622.5(4)).","People sentenced for a first-time drug offense before July 1, 2004 who meet the same requirements can apply under § 706-622.8."],"not_eligible":["Drug distribution or manufacturing offenses, and methamphetamine offenses under §§ 712-1240.7, 712-1240.8 (as in effect before July 1, 2016), 712-1241 and 712-1242 (§ 706-622.5(1)).","Anyone who already received an expungement under § 706-622.5(4) or § 706-622.8: it is available one time only (§§ 706-622.5(4), 706-622.8).","People who did not complete treatment or the other probation terms."],"waiting_periods":[{"record":"Drug possession felony sentenced under § 706-622.5","wait":"After completing treatment and probation","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a written application with the court that sentenced you (a probation officer can also apply), showing you completed treatment and probation.","Get a copy of the court's order granting expungement of the conviction.","Send Form HCJDC 159(b), a copy of the court order, a copy of your photo ID, the fee and a self-addressed stamped envelope to the Hawaii Criminal Justice Data Center. Applications without the court order are denied."],"where":"The Circuit Court that imposed the sentence, then the Hawaii Criminal Justice Data Center.","forms":[{"name":"Expungement Application (Form HCJDC 159(b))","url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf"}],"cost":{"filing_fee_usd":35,"detail":"We found no court filing fee listed for the written application. The Data Center charges $35 for a first-time expungement or $50 for a later one (including a $10 non-refundable fee).","fee_waiver":"not_stated","fee_waiver_detail":"The Data Center's pages, application form and HRS § 831-3.2 do not mention a fee waiver."},"hearing":"not_stated","timeline":"Data Center processing takes up to 120 days after it receives the court order.","statute":{"cite":"HRS §§ 706-622.5(4), 706-622.8","url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0005.htm"},"sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0005.htm","title":"HRS § 706-622.5. Sentencing for drug offenders; expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0008.htm","title":"HRS § 706-622.8. First-time drug offender prior to 2004; probation; expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungements/","title":"Expungements","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungement-frequently-asked-questions/","title":"Expungement Frequently Asked Questions","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf","title":"Expungement Application, Form HCJDC 159(b) (Rev. 06/03/2026)","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"}]},{"id":"first-time-property-felony-expungement","name":"Expungement after probation for a first-time class C felony property offense","type":"expungement","effect":"The sentencing court issues an order expunging the record of conviction for that offense (HRS § 706-622.9(3)). After the court order, the Data Center removes the conviction from the statewide criminal history repository only; the Data Center says the arresting agency and the courts may still keep and release their records.","covers":"A first class C felony property offense (HRS chapter 708) tied to substance abuse, where the person was sentenced to probation with treatment under § 706-622.9.","outcomes":["felony"],"narrow":"First-time class C felony property offense","eligible":["A first conviction for a class C felony property offense under chapter 708, with no prior sentence under §§ 706-606.5, 706-622.5 or 706-622.9, sentenced to probation with substance abuse treatment after the court found the person nonviolent, assessed as needing treatment, motivated, and that the offense was related to substance abuse (§ 706-622.9(1)-(2)).","The person completed treatment and the other probation terms; the court then must issue the order on written application by the person or a probation officer (§ 706-622.9(3)).","People sentenced before June 22, 2006 for a class C felony property offense who would have qualified can apply if they complied with the sentence, have no felony conviction before or after, and the court finds them currently nonviolent (§ 706-622.9(4))."],"not_eligible":["Anyone previously convicted of a felony in Hawaii or another jurisdiction (§ 706-622.9(3)).","Property offenses above class C, or offenses outside chapter 708.","A second expungement under the pre-2006 route (§ 706-622.9(4))."],"waiting_periods":[{"record":"Class C felony property offense sentenced under § 706-622.9","wait":"After completing treatment and probation","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a written application with the sentencing court (a probation officer can also apply).","Get a copy of the court's order granting expungement of the conviction.","Send Form HCJDC 159(b) with the court order, a copy of your photo ID, the fee and a self-addressed stamped envelope to the Hawaii Criminal Justice Data Center."],"where":"The Circuit Court that imposed the sentence, then the Hawaii Criminal Justice Data Center.","forms":[{"name":"Expungement Application (Form HCJDC 159(b))","url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf"}],"cost":{"filing_fee_usd":35,"detail":"We found no court filing fee listed for the written application. The Data Center charges $35 for a first-time expungement or $50 for a later one (including a $10 non-refundable fee).","fee_waiver":"not_stated","fee_waiver_detail":"The Data Center's pages, application form and HRS § 831-3.2 do not mention a fee waiver."},"hearing":"not_stated","timeline":"Data Center processing takes up to 120 days after it receives the court order.","statute":{"cite":"HRS § 706-622.9","url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0009.htm"},"sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0009.htm","title":"HRS § 706-622.9. Sentencing for first-time property offenders; expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungements/","title":"Expungements","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungement-frequently-asked-questions/","title":"Expungement Frequently Asked Questions","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf","title":"Expungement Application, Form HCJDC 159(b) (Rev. 06/03/2026)","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"}]},{"id":"marijuana-possession-expungement","name":"Expungement of a marijuana possession conviction (3 grams or less)","type":"expungement","effect":"On the person's motion, the court must grant an expungement order for the conviction (HRS § 706-622.5(5)). After the court order, the Data Center removes the conviction from the statewide criminal history repository only; the Data Center says the arresting agency and the courts may still keep and release their records.","covers":"Convictions under § 712-1249 for possessing 3 grams or less of marijuana, when nothing else was charged from the same facts.","outcomes":["misdemeanor"],"narrow":"Marijuana possession, 3 grams or less","eligible":["A conviction for possession of marijuana under § 712-1249 for 3 grams or less, arising from facts that led to no other criminal charge (§ 706-622.5(5), added by Act 273 of 2019)."],"not_eligible":["Possession of more than 3 grams, or cases with any other charge from the same incident.","Sale, distribution or other marijuana offenses."],"waiting_periods":[{"record":"Marijuana possession conviction, 3 grams or less","wait":"None stated","detail":null}],"automatic":"no","automatic_detail":"A state-initiated pilot (Act 62 of 2024, expanded by Act 5 of 2025) expunged some non-conviction § 712-1249 arrests automatically, but it ended October 1, 2025 and never covered convictions.","how_to_file":["File a motion for an expungement order in the court where you were convicted.","Get a copy of the order granting expungement of the conviction.","Send Form HCJDC 159(b) with the court order, a copy of your photo ID, the fee and a self-addressed stamped envelope to the Hawaii Criminal Justice Data Center."],"where":"The court of conviction (usually District Court), then the Hawaii Criminal Justice Data Center.","forms":[{"name":"Expungement Application (Form HCJDC 159(b))","url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf"}],"cost":{"filing_fee_usd":35,"detail":"We found no court filing fee listed for the motion. The Data Center's application lists a $35 first-time or $50 later expungement fee (including a $10 non-refundable fee).","fee_waiver":"not_stated","fee_waiver_detail":"The Data Center's pages, application form and HRS § 831-3.2 do not mention a fee waiver."},"hearing":"not_stated","timeline":null,"statute":{"cite":"HRS § 706-622.5(5)","url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0005.htm"},"sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0005.htm","title":"HRS § 706-622.5. Sentencing for drug offenders; expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2024/SLH2024_Act62.pdf","title":"Act 62, Session Laws of Hawaii 2024 (H.B. 1595), Relating to Expungement (state-initiated pilot project)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2025/SLH2025_Act5.pdf","title":"Act 5, Session Laws of Hawaii 2025 (H.B. 132), Relating to Expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf","title":"Expungement Application, Form HCJDC 159(b) (Rev. 06/03/2026)","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"}]},{"id":"young-person-drug-conditional-discharge","name":"Conditional discharge for a first drug possession, with expungement for people 20 or younger","type":"expungement","effect":"Under conditional discharge, the court places the person on probation without entering a judgment of guilt; when the terms are met, the case is dismissed, and that dismissal is not a conviction (HRS § 712-1255). If the person was 20 or younger at the time of the offense, the court, after a hearing, orders all official records of the arrest, charge, trial, finding of guilt and dismissal expunged. The person is restored to the status they had before the arrest and can't be found guilty of perjury or a false statement for not mentioning it (§ 712-1256).","covers":"First-time drug possession charges under §§ 712-1243 to 712-1250 that ended in conditional discharge; full expungement is limited to people who were 20 or younger at the time.","outcomes":["diversion"],"narrow":"Drug possession at age 20 or younger","eligible":["A person never before convicted of any offense under chapter 712 (offenses against public health and morals, which include drug and prostitution offenses) or chapter 329, or of a drug offense under federal or another state's law, who pleads or is found guilty of possessing a dangerous, harmful or detrimental drug or an intoxicating compound under §§ 712-1243, 712-1245, 712-1246, 712-1248, 712-1249 or 712-1250 (§ 712-1255(1)). Since September 1, 2026, Act 151 of 2026 adds the new misdemeanor of possessing a dangerous drug in the second degree to this list.","The person completed the conditions and the court discharged them and dismissed the case (§ 712-1255(2)).","For the court expungement order: the person was not over 20 years old at the time of the offense (§ 712-1256(1)-(2))."],"not_eligible":["Anyone who already had a conditional discharge: only one is allowed per person (§ 712-1255(4)).","People previously convicted of any chapter 712 or chapter 329 offense, or of a drug offense under federal or another state's law (§ 712-1255(1)).","People 21 or older at the time of the offense can't use § 712-1256; HRS § 831-3.2 covers arrests that did not end in a conviction, but the Data Center's pages don't say how it treats conditional discharges."],"waiting_periods":[{"record":"Conditional discharge dismissal (age 20 or younger at offense)","wait":"After discharge and dismissal","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Ask for conditional discharge while the case is open (the accused must consent), then complete the probation terms.","After the dismissal, apply to the court that handled the case for an order expunging the records; the court holds a hearing."],"where":"The court that handled the drug case.","forms":[],"cost":{"filing_fee_usd":null,"detail":"We found no fee listed for the application to the court.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":null,"statute":{"cite":"HRS §§ 712-1255, 712-1256","url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1256.htm"},"sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1255.htm","title":"HRS § 712-1255. Conditional discharge","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1256.htm","title":"HRS § 712-1256. Expunging of court records","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/session2026/Bills/SB2721_CD1_.HTM","title":"S.B. 2721 C.D. 1 (2026), Relating to the Administration of Justice (Act 151, 2026; most parts effective September 1, 2026)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0002.htm","title":"HRS § 831-3.2. Expungement orders","publisher":"Hawaii State Legislature","accessed":"2026-10-22"}]},{"id":"under-21-alcohol-driving-expungement","name":"Expungement of an under-21 measurable-alcohol driving violation","type":"expungement","effect":"The court issues an expungement order for the violation (HRS § 291E-64(e)). After the court order, the Data Center removes the conviction from the statewide criminal history repository only; the Data Center says the arresting agency and the courts may still keep and release their records.","covers":"A first violation for driving under age 21 with a measurable amount of alcohol (a violation, not a crime, under § 291E-64).","outcomes":["misdemeanor"],"narrow":"Under-21 measurable-alcohol driving violations only","eligible":["A first-time violation under § 291E-64(b)(1) (or former § 291-4.3) with no prior alcohol enforcement contacts (§ 291E-64(e)).","The person is now 21 or older, completed the sentence and has had no later alcohol- or drug-related enforcement contacts."],"not_eligible":["Holders of a commercial driver's license or commercial learner's permit, and people convicted while driving a commercial vehicle or carrying hazardous materials (§ 291E-64(e)).","Adult OVUII (driving under the influence) convictions under § 291E-61; no Hawaii statute we found allows these to be expunged."],"waiting_periods":[{"record":"First under-21 measurable-alcohol violation","wait":"Until age 21 and the sentence is complete","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Apply to the court that handled the violation for an expungement order.","Send Form HCJDC 159(b) with the court order, a copy of your photo ID, the fee and a self-addressed stamped envelope to the Hawaii Criminal Justice Data Center."],"where":"The District Court that handled the case, then the Hawaii Criminal Justice Data Center.","forms":[{"name":"Expungement Application (Form HCJDC 159(b))","url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf"}],"cost":{"filing_fee_usd":35,"detail":"We found no court filing fee listed for the application. The Data Center charges $35 for a first-time expungement or $50 for a later one (including a $10 non-refundable fee).","fee_waiver":"not_stated","fee_waiver_detail":"The Data Center's pages, application form and HRS § 831-3.2 do not mention a fee waiver."},"hearing":"not_stated","timeline":"Data Center processing takes up to 120 days after it receives the court order.","statute":{"cite":"HRS § 291E-64(e)","url":"https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0064.htm"},"sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0064.htm","title":"HRS § 291E-64. Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungements/","title":"Expungements","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungement-frequently-asked-questions/","title":"Expungement Frequently Asked Questions","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf","title":"Expungement Application, Form HCJDC 159(b) (Rev. 06/03/2026)","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"}]},{"id":"prostitution-conviction-vacatur","name":"Vacating a prostitution conviction","type":"vacatur","effect":"The court vacates (cancels) the conviction (HRS § 712-1209.6).","covers":"Convictions for prostitution (§ 712-1200), loitering for prostitution (§ 712-1206(2)), street prostitution in designated areas (§ 712-1207(1)(a) or (2)(a)), or a lesser offense when one of those was the original charge.","outcomes":["misdemeanor"],"narrow":"Prostitution-related convictions only","eligible":["No conviction for any Hawaii Penal Code offense within 3 years after the date of the original conviction (§ 712-1209.6(1))."],"not_eligible":["Anyone convicted of any Penal Code offense in the 3 years after the original conviction.","Other offenses, such as promoting prostitution or commercial sexual exploitation."],"waiting_periods":[{"record":"Prostitution-related conviction","wait":"3 years after the conviction with no new Penal Code conviction","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a motion to vacate the conviction in the court where you were convicted.","The court holds a hearing to review your record for the 3 years after the conviction; if there's no new Penal Code conviction, the court must vacate it."],"where":"The court of conviction.","forms":[],"cost":{"filing_fee_usd":null,"detail":"We found no fee listed for the motion.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":null,"statute":{"cite":"HRS § 712-1209.6","url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1209_0006.htm"},"sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1209_0006.htm","title":"HRS § 712-1209.6. Prostitution; motion to vacate conviction","publisher":"Hawaii State Legislature","accessed":"2026-10-22"}]}],"clean_slate":{"status":"none","effective":null,"detail":"Hawaii does not automatically clear records; every expungement needs an application. Act 62 of 2024 ran a state-initiated pilot in which the Attorney General expunged, without an application or fee, single-charge § 712-1249 possession arrests made before January 11, 2020 in a county with 200,000 to 500,000 people that ended without a conviction; Act 5 of 2025 extended it to Schedule V possession. The pilot ended on October 1, 2025. Act 241 of 2024 created a Clean Slate Expungement Task Force, attached to the Judiciary, to develop a state-initiated record clearing program; its final report is due 40 days before the 2027 session and it dissolves on June 1, 2027. Its December 2025 report said it was still exploring a state-initiated program. Since July 1, 2025, Act 3 of 2025 has the Data Center send expungement orders to the Judiciary, which then removes the case from its public databases without a separate request.","sources":[{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2024/SLH2024_Act62.pdf","title":"Act 62, Session Laws of Hawaii 2024 (H.B. 1595), Relating to Expungement (state-initiated pilot project)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2025/SLH2025_Act5.pdf","title":"Act 5, Session Laws of Hawaii 2025 (H.B. 132), Relating to Expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2024/SLH2024_Act241.pdf","title":"Act 241, Session Laws of Hawaii 2024 (S.B. 2706), Relating to Expungement of Criminal Records (Clean Slate Expungement Task Force)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/session2026/Bills/JC9_.pdf","title":"Judiciary Comm. No. 9 (2026): Report of the Clean Slate Expungement Task Force (December 2025)","publisher":"Hawaii State Judiciary, via Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2025/SLH2025_Act3.pdf","title":"Act 3, Session Laws of Hawaii 2025 (H.B. 145), Relating to Expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungements/","title":"Expungements","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"}]},"marijuana":{"detail":"A conviction for possessing 3 grams or less of marijuana under § 712-1249, with no other charge from the same facts, must be expunged by the court on the person's motion (HRS § 706-622.5(5), added by Act 273 of 2019). The Legislature's findings in Act 62 of 2024 say Act 273 also decriminalized possession of 3 grams or less. Other marijuana possession arrests that did not end in a conviction can be expunged through the Data Center like any non-conviction. A state-initiated pilot that expunged some old marijuana and Schedule V possession arrests without an application (Act 62 of 2024 and Act 5 of 2025) covered only arrests in a county with a population between 200,000 and 500,000, and it ended October 1, 2025.","sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0005.htm","title":"HRS § 706-622.5. Sentencing for drug offenders; expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2024/SLH2024_Act62.pdf","title":"Act 62, Session Laws of Hawaii 2024 (H.B. 1595), Relating to Expungement (state-initiated pilot project)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2025/SLH2025_Act5.pdf","title":"Act 5, Session Laws of Hawaii 2025 (H.B. 132), Relating to Expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Arrests and charges that did not end in a conviction for a crime are expunged by the Attorney General's Hawaii Criminal Justice Data Center on written application (HRS § 831-3.2), for $35 the first time and $50 after that, in up to 120 days. Act 152 of 2026 (effective June 25, 2026) added people who were charged with a crime but convicted only of a violation. Charges dismissed after a deferred acceptance of guilty or no contest plea qualify 1 year after discharge (3 years for prostitution). Bail forfeitures in felony and misdemeanor cases, cases where the person left the jurisdiction, and insanity-related dismissals or acquittals can't be expunged; petty misdemeanor or violation bail forfeitures wait 5 years. Expungement removes the arrest from the arresting agency and the statewide repository, and since July 1, 2025 the order is also sent to the Judiciary, which removes the case from its public databases unless other charges or co-defendants in the case weren't expunged.","sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0002.htm","title":"HRS § 831-3.2. Expungement orders","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/session2026/bills/GM1253_.PDF","title":"Gov. Msg. No. 1253 and Act 152 (2026), H.B. 2279 C.D. 1, Relating to Expungement Orders (approved June 25, 2026)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2025/SLH2025_Act3.pdf","title":"Act 3, Session Laws of Hawaii 2025 (H.B. 145), Relating to Expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungements/","title":"Expungements","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf","title":"Expungement Application, Form HCJDC 159(b) (Rev. 06/03/2026)","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://www.courts.state.hi.us/requests-for-sealing-court-records","title":"Expunging Hawai'i Arrest Records and Removing Court Records","publisher":"Hawaii State Judiciary","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"Adult OVUII (operating a vehicle under the influence of an intoxicant) convictions can't be expunged: we found no statute that allows it, and the Data Center's list of convictions that can be expunged doesn't include OVUII. OVUII is also sentenced 'without possibility of probation or suspension of sentence' (§ 291E-61(b)), which makes it nonprobationable and so ineligible for a deferred acceptance of guilty or no contest plea (§ 853-4(a)(5)). Habitual OVUII is listed separately as ineligible (§ 853-4(a)(13)(CC)). The narrow exception is the separate under-21 offense of driving with a measurable amount of alcohol (§ 291E-64): a first violation can be expunged by court order once the person is 21, if the sentence is complete and there were no later alcohol or drug contacts, except for commercial license or permit holders (§ 291E-64(e)). An OVUII arrest that ended without a conviction for a crime can be expunged through the Data Center (§ 831-3.2). We did not confirm how expungement affects the driver's license record (traffic abstract) or administrative license revocation records.","sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0061.htm","title":"HRS § 291E-61. Operating a vehicle under the influence of an intoxicant","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0064.htm","title":"HRS § 291E-64. Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0853/HRS_0853-0004.htm","title":"HRS § 853-4. Chapter not applicable; when","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0002.htm","title":"HRS § 831-3.2. Expungement orders","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungements/","title":"Expungements","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungement-frequently-asked-questions/","title":"Expungement Frequently Asked Questions","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"}]},"employers":{"detail":"Hawaii law protects people with records in private hiring. 'Arrest and court record' is a protected category under the state employment discrimination law (HRS § 378-2), which covers employers with one or more employees (§ 378-1). Employers may ask about and consider convictions only after a conditional job offer, only if the conviction is rationally related to the job, and only for felony convictions in the most recent 7 years and misdemeanor convictions in the most recent 5 years, not counting time in prison (§ 378-2.5(a)-(c)). Arrests that didn't lead to conviction aren't covered by that permission. Employers that another law allows to check criminal history, such as schools, financial institutions, security firms and insurers, are exempt from the timing and look-back limits (§ 378-2.5(d)). An expungement certificate lets a person say they have no record of the expunged arrest without risk of being fired or other adverse action (§ 831-3.2(e)). State and county agencies may not rely on expunged convictions when they refuse, suspend or revoke a public job, license or permit (§ 831-3.1(b)-(c)), although some agencies and positions are exempt from that section (§ 831-3.1(f)).","sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-0001.htm","title":"HRS § 378-1. Definitions (arrest and court record; employer)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-0002.htm","title":"HRS § 378-2. Discriminatory practices made unlawful","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-0002_0005.htm","title":"HRS § 378-2.5. Employer inquiries into conviction record","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0002.htm","title":"HRS § 831-3.2. Expungement orders","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0001.htm","title":"HRS § 831-3.1. Prior convictions; criminal records; noncriminal standards","publisher":"Hawaii State Legislature","accessed":"2026-10-22"}]},"free_help":[{"name":"Hawaii Criminal Justice Data Center: Expungements","url":"https://ag.hawaii.gov/hcjdc/expungements/","type":"state_agency","detail":"The official application, fees and rules for expunging non-conviction arrests and court-ordered conviction expungements; questions to ag.hcjdc.expungements@hawaii.gov."},{"name":"Hawaii State Judiciary: Expunging Arrest Records and Removing Court Records","url":"https://www.courts.state.hi.us/requests-for-sealing-court-records","type":"court_self_help","detail":"Explains how court records are removed after an expungement, including the extra step for certificates received or applied for before July 1, 2025."}],"sources":[{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0002.htm","title":"HRS § 831-3.2. Expungement orders","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/session2026/bills/GM1253_.PDF","title":"Gov. Msg. No. 1253 and Act 152 (2026), H.B. 2279 C.D. 1, Relating to Expungement Orders (approved June 25, 2026)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2025/SLH2025_Act3.pdf","title":"Act 3, Session Laws of Hawaii 2025 (H.B. 145), Relating to Expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0853/HRS_0853-0001.htm","title":"HRS § 853-1. Deferred acceptance of guilty plea or nolo contendere plea; discharge and dismissal, expungement of records","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0853/HRS_0853-0004.htm","title":"HRS § 853-4. Chapter not applicable; when","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0005.htm","title":"HRS § 706-622.5. Sentencing for drug offenders; expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0008.htm","title":"HRS § 706-622.8. First-time drug offender prior to 2004; probation; expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0009.htm","title":"HRS § 706-622.9. Sentencing for first-time property offenders; expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1255.htm","title":"HRS § 712-1255. Conditional discharge","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1256.htm","title":"HRS § 712-1256. Expunging of court records","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1200.htm","title":"HRS § 712-1200. Prostitution (subsection (4)(c): 3-year wait for expungement after a deferred plea)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1209_0006.htm","title":"HRS § 712-1209.6. Prostitution; motion to vacate conviction","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0709/HRS_0709-0906.htm","title":"HRS § 709-906. Abuse of family or household members; penalty (subsection (18): deferred pleas)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0061.htm","title":"HRS § 291E-61. Operating a vehicle under the influence of an intoxicant","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0064.htm","title":"HRS § 291E-64. Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-0001.htm","title":"HRS § 378-1. Definitions (arrest and court record; employer)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-0002.htm","title":"HRS § 378-2. Discriminatory practices made unlawful","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-0002_0005.htm","title":"HRS § 378-2.5. Employer inquiries into conviction record","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0001.htm","title":"HRS § 831-3.1. Prior convictions; criminal records; noncriminal standards","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2024/SLH2024_Act62.pdf","title":"Act 62, Session Laws of Hawaii 2024 (H.B. 1595), Relating to Expungement (state-initiated pilot project)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2025/SLH2025_Act5.pdf","title":"Act 5, Session Laws of Hawaii 2025 (H.B. 132), Relating to Expungement","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2024/SLH2024_Act241.pdf","title":"Act 241, Session Laws of Hawaii 2024 (S.B. 2706), Relating to Expungement of Criminal Records (Clean Slate Expungement Task Force)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/session2026/Bills/HB1959_CD1_.HTM","title":"H.B. 1959 C.D. 1 (2026), Relating to Domestic Violence (Act 192, 2026; approved July 7, 2026; text sets an effective date of June 29, 2026)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/session2026/rss/HB1959.xml","title":"HB1959 (2026) status feed: Act 192, approved July 7, 2026 (Gov. Msg. No. 1294)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/session2026/Bills/JC9_.pdf","title":"Judiciary Comm. No. 9 (2026): Report of the Clean Slate Expungement Task Force (December 2025)","publisher":"Hawaii State Judiciary, via Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://data.capitol.hawaii.gov/sessions/session2026/Bills/SB2721_CD1_.HTM","title":"S.B. 2721 C.D. 1 (2026), Relating to the Administration of Justice (Act 151, 2026; most parts effective September 1, 2026)","publisher":"Hawaii State Legislature","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungements/","title":"Expungements","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/expungement-frequently-asked-questions/","title":"Expungement Frequently Asked Questions","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://ag.hawaii.gov/hcjdc/files/2026/06/EXPUNGEMENT_APPLICATION_Rev-2026-06.pdf","title":"Expungement Application, Form HCJDC 159(b) (Rev. 06/03/2026)","publisher":"Hawaii Criminal Justice Data Center, Department of the Attorney General","accessed":"2026-10-22"},{"url":"https://www.courts.state.hi.us/requests-for-sealing-court-records","title":"Expunging Hawai'i Arrest Records and Removing Court Records","publisher":"Hawaii State Judiciary","accessed":"2026-10-22"},{"url":"https://www.courts.state.hi.us/wp-content/uploads/2024/10/FOR-IMMEDIATE-RELEASE_-Nearly-120-People-at-Waianae-Public-Library-Receive-Free-Legal-Help-to-Expunge-Arrest-Records-and-Recall-Bench-Warrants.pdf","title":"Press release: Nearly 120 People at Waianae Public Library Receive Free Legal Help to Expunge Arrest Records and Recall Bench Warrants (Sept. 29, 2024)","publisher":"Hawaii State Judiciary","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"idaho","code":"ID","name":"Idaho","terms":["shielding (Clean Slate Act)","withheld judgment","dismissal and discharge","expungement"],"summary":"Idaho has no automatic record clearing, and most convictions can't be erased. Under the Clean Slate Act, in effect since January 1, 2024, a person can ask a court once in a lifetime to shield one non-violent misdemeanor case or one felony drug possession case from public view, 5 years after finishing the sentence. People who got a withheld judgment or suspended sentence and had no probation violation can ask the court to set aside the guilty plea or conviction and dismiss the case, and some felonies can be reduced to misdemeanors after probation. Arrests that didn't lead to a charge or ended in acquittal or dismissal can be expunged from the Idaho State Police record by written request.","remedies":[{"id":"clean-slate-shielding","name":"Shielding records from public disclosure (Clean Slate Act)","type":"sealing","effect":"The court orders all records in the case shielded from disclosure and unavailable for public viewing, and the Idaho State Police then make the investigative reports and fingerprint records unavailable for public viewing. The records are not destroyed. Except in a judicial proceeding, peace officer licensing and the uses listed below, the proceedings are 'deemed never to have occurred, and the petitioner may lawfully reply accordingly to any inquiry' (Idaho Code § 67-3004(11)(d)). The person, law enforcement, prosecutors and court staff can still see the records, and police and prosecutors may use them for investigations, contacting victims, court hearings and sentencing enhancements (§ 67-3004(11)(f), (j); I.C.A.R. 32(j)). Shielding has no effect on the firearm-rights rules in §§ 18-310 and 18-3316 (§ 67-3004(11)(i)).","covers":"One misdemeanor case that isn't on the assaultive or violent list, or one felony drug possession case, 5 years after the sentence is finished.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":null,"eligible":["A person arrested for, prosecuted for or convicted of a misdemeanor that is not on the assaultive or violent list (Idaho Code § 67-3004(11)(a)).","A person arrested for, prosecuted for or convicted of felony possession of a controlled substance under § 37-2732(a), (c) or (e) (§ 67-3004(11)(a)). The felony possession offenses in § 37-2732 are possession of a schedule I narcotic or a schedule II drug, possession of LSD, and possession of more than 3 ounces of marijuana (§ 37-2732(c)(1)-(2), (e)). Section 37-2732(a) covers manufacture, delivery and possession with intent to manufacture or deliver, and the law doesn't say which of those count as 'felony possession.' No other felonies are eligible.","At least 5 years have passed since you completed the sentence, including all ordered probation, parole, fines and restitution (§ 67-3004(11)(c)).","From then until the hearing, you have had no new felony or misdemeanor conviction, are not on probation or parole for a later conviction, have no pending misdemeanor or felony case, and have no restraining order against you when you file (§ 67-3004(11)(c)).","The judge must also find that you have been held accountable and that shielding would not compromise public safety or the safety of any victims (§ 67-3004(11)(d)).","Only one petition can be granted in your lifetime. It covers one eligible crime, or more than one if they came from a single incident or transaction (§ 67-3004(11)(k))."],"not_eligible":["These misdemeanors are excluded: assault, battery, domestic battery, domestic assault, second-degree stalking, violating a protection order or no-contact order, telephone harassment, misdemeanor vehicular manslaughter, excessive DUI (0.20 or more), battery on a law enforcement officer, injury to children, sexual battery and indecent exposure (§ 67-3004(11)(b)).","Felonies other than drug possession under § 37-2732(a), (c) or (e).","Anyone who has already had a Clean Slate petition granted (§ 67-3004(11)(k)).","Shielding can be revoked at sentencing for a later felony conviction, and may be revoked for a later misdemeanor conviction, if the prosecutor asks (§ 67-3004(11)(g))."],"waiting_periods":[{"record":"Eligible misdemeanor","wait":"5 years after completing the sentence, including probation, parole, fines and restitution","detail":"No new conviction, pending case, probation or parole for a later conviction, or restraining order during the wait and until the hearing (§ 67-3004(11)(c))."},{"record":"Felony drug possession (§ 37-2732(a), (c) or (e))","wait":"5 years after completing the sentence, including probation, parole, fines and restitution","detail":"Same conditions as for misdemeanors (§ 67-3004(11)(c))."},{"record":"Eligible arrest or prosecution that did not end in a conviction","wait":"Not stated in the statute","detail":"The law lets a person who was 'arrested for, prosecuted for, or convicted of' an eligible offense petition (§ 67-3004(11)(a)), but it measures the 5-year wait from completing a sentence (§ 67-3004(11)(c)). No official source says how this applies when there was no sentence. Arrests and cases that ended without a conviction can also be expunged from the State Police record under § 67-3004(10), which has no lifetime limit."}],"automatic":"no","automatic_detail":null,"how_to_file":["Find your case number, the exact charges and statutes, whether each was a misdemeanor or felony, and the dates you finished probation or parole and paid all fines and restitution. Case information is on the iCourt Portal (mycourts.idaho.gov) or from the court clerk.","Fill out the Idaho Supreme Court's Petition to Shield Records from Public Disclosure and check the box that fits your offense.","Sign it and file it with the court in the county where the criminal case was filed, or e-file through iCourt. The petition is filed in the original criminal case (§ 67-3004(11)(e)).","The court sets a hearing and notifies you and the prosecutor; the prosecutor notifies any victims. Go to the hearing ready to show you qualify."],"where":"The court in the county where the original criminal case was filed, in that same case.","forms":[{"name":"Petition to Shield Records from Public Disclosure, I.C. § 67-3004(11) (PDF)","url":"https://api.isc.idaho.gov/uploads/Generic_Files/1778008521917-Petition-to-Shield-Records-from-Public-Disclosure-IC67-3004-11.pdf"},{"name":"Petition to Shield Records from Public Disclosure (Word)","url":"https://api.isc.idaho.gov/uploads/Generic_Files/1778008506233-Petition-to-Shield-Records-from-Public-Disclosure-IC67-3004-11.docx"},{"name":"Instructions for Requesting Shielding of Records from Public Disclosure","url":"https://api.isc.idaho.gov/uploads/Generic_Files/1778008446796-Clean-Slate-Instructions.pdf"}],"cost":{"filing_fee_usd":0,"detail":"The Idaho Supreme Court's instructions say there is no filing fee for the petition.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":null,"statute":{"cite":"Idaho Code § 67-3004(11)","url":"https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3004/"},"sources":[{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3004/","title":"Idaho Code § 67-3004. Fingerprinting and identification — shielding of records from disclosure","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://isc.idaho.gov/Clean-Slate-Act","title":"Clean Slate Act","publisher":"Idaho Supreme Court","accessed":"2026-10-22"},{"url":"https://api.isc.idaho.gov/uploads/Generic_Files/1778008446796-Clean-Slate-Instructions.pdf","title":"Instructions for Requesting Shielding of Records from Public Disclosure (01/01/2024)","publisher":"Idaho Supreme Court","accessed":"2026-10-22"},{"url":"https://api.isc.idaho.gov/uploads/Generic_Files/1778008521917-Petition-to-Shield-Records-from-Public-Disclosure-IC67-3004-11.pdf","title":"Petition to Shield Records from Public Disclosure, I.C. § 67-3004(11)","publisher":"Idaho Supreme Court","accessed":"2026-10-22"},{"url":"https://isc.idaho.gov/rules-procedure/icar#rule-32","title":"Idaho Court Administrative Rule 32(j), Court records shielded from disclosure","publisher":"Idaho Supreme Court","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732/","title":"Idaho Code § 37-2732. Prohibited acts A — penalties","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://isp.idaho.gov/bci/criminal-history/","title":"Criminal History (Expungement Process and FAQs)","publisher":"Idaho State Police, Bureau of Criminal Identification","accessed":"2026-10-22"}]},{"id":"withheld-judgment-dismissal","name":"Setting aside a guilty plea or conviction and dismissing the case","type":"set_aside","effect":"The court may end the sentence, set aside the guilty plea or conviction, and 'finally dismiss the case and discharge the defendant.' The dismissal restores the person's civil rights (Idaho Code § 19-2604(1)(b)). It does not erase or seal the record: the Idaho State Police say their expungement process does not apply to a conviction that later got a withheld judgment dismissed under § 19-2604(1), and the court case stays public unless it is shielded or sealed separately. The case can still count as a prior conviction in some situations; for example, a DUI within 10 years counts 'notwithstanding the form of the judgment(s) or withheld judgment(s)' (§ 18-8005).","covers":"Misdemeanor and felony cases where the person got a withheld judgment, a suspended sentence or probation and had no probation violation.","outcomes":["diversion","misdemeanor","felony"],"narrow":null,"eligible":["You received a withheld judgment or a suspended sentence (§ 19-2604(1)(a)(i)).","In a felony case, your sentence was commuted under § 19-2601(1), or the court did not sentence you to the custody of the Board of Correction (§ 19-2604(1)(a)(ii)-(iii)).","You have not been sentenced but graduated from a drug court or mental health court program (§ 19-2604(1)(a)(iv)).","In a misdemeanor case, you were not sentenced to county jail, or all or part of the jail sentence was suspended (§ 19-2604(1)(a)(v)).","The court never found, and you never admitted, a probation violation (or you graduated from drug court or mental health court with no violation afterward), and the court finds good cause (§ 19-2604(1)(b))."],"not_eligible":["Offenses that require sex offender registration under § 18-8304 can't be dismissed or reduced (§ 19-2604(4)).","Anyone the court found, or who admitted, violated probation, unless they later graduated from drug court or mental health court with no further violation (§ 19-2604(1)(b))."],"waiting_periods":[{"record":"Withheld judgment, suspended sentence or probation","wait":"No fixed wait","detail":"You can apply while on probation; the court must be convinced there is no longer cause to continue probation (§ 19-2604(1)(b))."}],"automatic":"no","automatic_detail":null,"how_to_file":["File an application (motion) under Idaho Code § 19-2604(1) in your criminal case with the court that sentenced you.","Show that no probation violation was found or admitted (or that you graduated from drug court or mental health court) and that there is good cause for the relief.","If the case is dismissed and you also want it hidden from public view, you may separately ask to shield it under the Clean Slate Act if you qualify, or ask the court to seal records under Idaho Court Administrative Rule 32(i)."],"where":"The court that sentenced you, in the original criminal case.","forms":[],"cost":{"filing_fee_usd":null,"detail":"We did not find a statewide fee for this motion. Ask the clerk of the court that handled your case.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Idaho Code § 19-2604(1), (4)","url":"https://legislature.idaho.gov/statutesrules/idstat/Title19/T19CH26/SECT19-2604/"},"sources":[{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title19/T19CH26/SECT19-2604/","title":"Idaho Code § 19-2604. Discharge of defendant — amendment of judgment","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://isp.idaho.gov/wp-content/uploads/BCI/CrimHistory/ExpungmentApplication.pdf","title":"Expungement Application","publisher":"Idaho State Police, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH80/SECT18-8005/","title":"Idaho Code § 18-8005. Penalties","publisher":"Idaho State Legislature","accessed":"2026-10-22"}]},{"id":"felony-reduction","name":"Reducing a felony to a misdemeanor","type":"other","effect":"The court amends the judgment from a term in the custody of the Board of Correction to 'confinement in a penal facility' for the days already served, and the conviction is treated as a misdemeanor (Idaho Code § 19-2604(1)-(3)). The record is not erased or sealed. We did not find an official source on whether a felony reduced to a misdemeanor can then be shielded under the Clean Slate Act.","covers":"Felony convictions after discharge from probation, or where a prison sentence was suspended during its first 365 days and probation had no violation.","outcomes":["felony"],"narrow":null,"eligible":["After discharge from probation, you may ask the sentencing court to reduce a felony to a misdemeanor (§ 19-2604(3)(a)).","If less than 5 years have passed since discharge from probation, the prosecutor must agree (§ 19-2604(3)(b)).","If 5 or more years have passed, the prosecutor must agree only for the serious offenses listed below; otherwise the court decides (§ 19-2604(3)(c)).","The court must find you have no felony conviction for a crime committed after this one, are not currently charged with any crime, and there is good cause (§ 19-2604(3)(d)).","If your prison sentence was suspended during the first 365 days and you were placed on probation with no violation (or graduated from drug court or mental health court), the court may also amend the judgment to a misdemeanor (§ 19-2604(2)). The same reduction is possible in a § 19-2604(1) case."],"not_eligible":["Offenses requiring sex offender registration (§ 19-2604(4)).","Without the prosecutor's agreement: assault or battery with intent to commit a serious felony, enticing children, first- or second-degree murder, voluntary manslaughter, assault with intent to commit murder, administering poison with intent to kill, first-degree kidnapping, robbery, drug trafficking, felony threats against state officials, firing at an occupied building or vehicle, cannibalism, using a destructive device or bomb, and attempts, conspiracies or solicitations to commit them (§ 19-2604(3)(c))."],"waiting_periods":[{"record":"Felony, most offenses","wait":"5 years after discharge from probation (sooner only if the prosecutor agrees)","detail":"§ 19-2604(3)(b)-(c)."},{"record":"Felony on the serious-offense list","wait":"Any time after discharge from probation, but only if the prosecutor agrees","detail":"§ 19-2604(3)(c)."}],"automatic":"no","automatic_detail":null,"how_to_file":["File an application under Idaho Code § 19-2604(3) (or § 19-2604(2)) with the court that sentenced you.","If fewer than 5 years have passed since discharge, or your offense is on the serious-offense list, ask the prosecutor to sign a stipulation.","The district court decides whether to grant it."],"where":"The district court that sentenced you.","forms":[],"cost":{"filing_fee_usd":null,"detail":"We did not find a statewide fee for this application. Ask the clerk of the sentencing court.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Idaho Code § 19-2604(2)-(4)","url":"https://legislature.idaho.gov/statutesrules/idstat/Title19/T19CH26/SECT19-2604/"},"sources":[{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title19/T19CH26/SECT19-2604/","title":"Idaho Code § 19-2604. Discharge of defendant — amendment of judgment","publisher":"Idaho State Legislature","accessed":"2026-10-22"}]},{"id":"non-conviction-expungement","name":"Expungement of arrests without a conviction","type":"expungement","effect":"The Idaho State Police remove the fingerprint and criminal history record of the arrest from the state repository (Idaho Code § 67-3004(10)). The State Police say a dismissed charge otherwise stays on the record with the dismissal noted, and is removed once expungement is approved. The court file is not sealed automatically: the statute says the person 'may have the official court file thereof sealed,' which is done by motion to the court.","covers":"Arrests or summonses with no charge filed within 1 year, acquittals of all charges, and cases where all charges were dismissed.","outcomes":["no_conviction"],"narrow":null,"eligible":["You were arrested or served a criminal summons and no indictment or information was filed within 1 year (§ 67-3004(10)).","You were acquitted of all offenses from the arrest or summons (§ 67-3004(10)).","All charges were dismissed (§ 67-3004(10))."],"not_eligible":["A dismissal after a guilty plea or finding of guilt under § 19-2604(1), such as a withheld judgment that was later dismissed (§ 67-3004(10); Idaho State Police).","Cases where only some charges were dismissed or acquitted; the statute covers acquittal of all offenses or dismissal of all charges.","The State Police form says it does not apply to people convicted of a sex offense."],"waiting_periods":[{"record":"Arrest or summons, no charge filed","wait":"1 year from the arrest or summons","detail":"§ 67-3004(10)."},{"record":"Acquittal of all charges, or all charges dismissed","wait":"None","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Get a copy of the citation, the criminal complaint and summons, the indictment or the information, plus a certified copy of the court order of acquittal or dismissal.","Fill out the Idaho State Police Expungement Application and mail or fax it with those documents to the ISP Bureau of Criminal Identification, 700 S. Stratford Dr., Ste. 120, Meridian, ID 83642 (fax 208-884-7193). Include a self-addressed stamped envelope if you want notice of the result.","To have the court file sealed too, file a motion in the criminal case under Idaho Court Administrative Rule 32(i). The judge must find a reason listed in the rule, such as that the records could reasonably result in economic or financial harm to you."],"where":"Idaho State Police, Bureau of Criminal Identification (for the state record); the court that handled the case (for sealing the court file).","forms":[{"name":"Idaho State Police Expungement Application","url":"https://isp.idaho.gov/wp-content/uploads/BCI/CrimHistory/ExpungmentApplication.pdf"}],"cost":{"filing_fee_usd":null,"detail":"The State Police application and web page list no fee. We did not find a fee for a motion to seal the court file.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The State Police ask you to allow 30 days for processing. For a court sealing motion, the court must hold a hearing if a party asks for one, and may hold one on its own (I.C.A.R. 32(i)(2)).","statute":{"cite":"Idaho Code § 67-3004(10); Idaho Court Administrative Rule 32(i)","url":"https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3004/"},"sources":[{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3004/","title":"Idaho Code § 67-3004(10)","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://isp.idaho.gov/bci/criminal-history/","title":"Criminal History (Expungement Process and FAQs)","publisher":"Idaho State Police, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://isp.idaho.gov/wp-content/uploads/BCI/CrimHistory/ExpungmentApplication.pdf","title":"Expungement Application","publisher":"Idaho State Police, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://isc.idaho.gov/rules-procedure/icar#rule-32","title":"Idaho Court Administrative Rule 32(i), Redaction and sealing of court records","publisher":"Idaho Supreme Court","accessed":"2026-10-22"}]},{"id":"alcohol-age-violation","name":"Vacating and sealing an underage alcohol violation","type":"vacatur","effect":"The court completely vacates and seals the finding of guilt (Idaho Code § 18-1502(d)(6)).","covers":"A single alcohol violation committed while under 21, such as possession or purchase of alcohol.","outcomes":["misdemeanor"],"narrow":"Underage (under 21) alcohol violations only","eligible":["You were under 21 at the time of the alcohol violation (§ 18-1502(d)).","You have been found guilty of only one violation of § 18-1502 or § 23-604 (§ 18-1502(d)(6)).","You have no alcohol- or drug-related findings of guilt, in Idaho or any state, within 5 years of committing the violation (§ 18-1502(d)(6))."],"not_eligible":["A second or later underage alcohol violation.","Anyone with another alcohol- or drug-related finding of guilt within 5 years of the violation."],"waiting_periods":[{"record":"One underage alcohol violation","wait":"Not stated in the statute","detail":"The statute looks at alcohol or drug findings within 5 years of the violation but does not say when you may apply. Ask the court."}],"automatic":"no","automatic_detail":"If you qualify, the court 'shall' vacate and seal the finding, but you must start the process with the court's form (§ 18-1502(d)(6)).","how_to_file":["Fill out the Application to Vacate and Seal Alcohol Age Violation from the Idaho Supreme Court website.","File it with the court that handled the case, along with the proposed Order to Vacate and Seal."],"where":"The court that handled the alcohol violation.","forms":[{"name":"Application to Vacate and Seal Alcohol Age Violation, I.C. § 18-1502(6)","url":"https://api.isc.idaho.gov/uploads/Generic_Files/1790009524661-JV-Application-to-Vacate-and-Seal-Alcohol-Age-Violation.pdf"},{"name":"Order to Vacate and Seal Alcohol Age Violation","url":"https://api.isc.idaho.gov/uploads/Generic_Files/1790010187614-JV-Order-Vacating-and-Sealing-Alcohol-Age-Violation.pdf"}],"cost":{"filing_fee_usd":0,"detail":"'No fee shall be charged by the court for this process' (§ 18-1502(d)(6)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Idaho Code § 18-1502(d)(6)","url":"https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH15/SECT18-1502/"},"sources":[{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH15/SECT18-1502/","title":"Idaho Code § 18-1502. Beer, wine or other alcohol age violations — fines","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://isc.idaho.gov/Vacate-Seal-Alcohol-Form","title":"Vacate Seal Alcohol Form","publisher":"Idaho Supreme Court","accessed":"2026-10-22"},{"url":"https://api.isc.idaho.gov/uploads/Generic_Files/1790009524661-JV-Application-to-Vacate-and-Seal-Alcohol-Age-Violation.pdf","title":"Application to Vacate and Seal Alcohol Age Violation","publisher":"Idaho Supreme Court","accessed":"2026-10-22"}]}],"clean_slate":{"status":"none","effective":null,"detail":"Idaho does not clear or seal records automatically. Its 'Clean Slate Act' (2023 House Bill 149, Session Law chapter 108, signed March 22, 2023 and in effect January 1, 2024) is a petition process: a person must file, the court holds a hearing, and only one petition can be granted in a lifetime (Idaho Code § 67-3004(11)). Expungement of non-conviction arrests from the State Police record also requires a written request (§ 67-3004(10)). We found no 2025 or 2026 law that adds automatic relief; a 2025 bill on shielded records (House Bill 126) was referred to committee and did not advance.","sources":[{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3004/","title":"Idaho Code § 67-3004 (history: am. 2023, ch. 108)","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://courtselfhelp.idaho.gov/","title":"Idaho Court Assistance Office (Clean Slate Act notice: starting Jan. 1, 2024)","publisher":"Idaho Court Assistance Office","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/sessioninfo/2023/legislation/H0149/","title":"House Bill 149 (2023), Criminal history records: Session Law Chapter 108, effective 01/01/2024","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/sessioninfo/2025/legislation/H0126/","title":"House Bill 126 (2025), Criminal history records","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/sessioninfo/2026/legislation/","title":"2026 Legislation","publisher":"Idaho State Legislature","accessed":"2026-10-22"}]},"marijuana":{"detail":"Idaho has no marijuana-specific sealing or expungement law. Possessing 3 ounces or less of marijuana is a misdemeanor and more than 3 ounces is a felony (Idaho Code § 37-2732(e)). Both can be shielded under the Clean Slate Act, which covers non-assaultive misdemeanors and felony possession under § 37-2732(e), 5 years after the sentence is finished and only once in a lifetime (§ 67-3004(11)). Possession with intent to deliver falls under § 37-2732(a), which the Clean Slate Act names only for 'felony possession'; we did not confirm how courts read that.","sources":[{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732/","title":"Idaho Code § 37-2732. Prohibited acts A — penalties","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3004/","title":"Idaho Code § 67-3004(11)","publisher":"Idaho State Legislature","accessed":"2026-10-22"}]},"non_conviction":{"detail":"If no charge was filed within 1 year of an arrest or summons, or you were acquitted of all charges, or all charges were dismissed, you can ask the Idaho State Police in writing to expunge the fingerprint and criminal history record (Idaho Code § 67-3004(10)). Send the ISP Expungement Application with the charging document and a certified acquittal or dismissal order; ISP asks you to allow 30 days. This does not cover a case dismissed after a guilty plea or finding of guilt under § 19-2604(1), such as a withheld judgment. The statute also lets you ask to have the court file sealed, which is done by motion under Idaho Court Administrative Rule 32(i). The Clean Slate Act also names people 'arrested for' or 'prosecuted for' an eligible misdemeanor or felony drug possession (§ 67-3004(11)(a)), but its 5-year wait runs from completing a sentence (§ 67-3004(11)(c)), and no official source says how that applies to a case with no conviction.","sources":[{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3004/","title":"Idaho Code § 67-3004","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://isp.idaho.gov/bci/criminal-history/","title":"Criminal History (Expungement Process and FAQs)","publisher":"Idaho State Police, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://isp.idaho.gov/wp-content/uploads/BCI/CrimHistory/ExpungmentApplication.pdf","title":"Expungement Application","publisher":"Idaho State Police, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://isc.idaho.gov/rules-procedure/icar#rule-32","title":"Idaho Court Administrative Rule 32(i)","publisher":"Idaho Supreme Court","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"A misdemeanor DUI under Idaho Code § 18-8004 is not on the Clean Slate Act's list of excluded misdemeanors, so it can be shielded from public view once in a lifetime, 5 years after the sentence (including probation, fines and restitution) is finished, if you have no new conviction, pending case or restraining order and the judge finds you have been held accountable and that shielding would not compromise public safety or victims' safety (§ 67-3004(11)). Excessive DUI (alcohol concentration of 0.20 or more, § 18-8004C) and misdemeanor vehicular manslaughter are excluded, and felony DUIs are not eligible because the only felonies covered are drug possession offenses. A DUI with a withheld judgment can be dismissed under § 19-2604(1) after probation without a violation, but it still counts as a prior offense for 10 years 'notwithstanding the form of the judgment(s) or withheld judgment(s)' (§ 18-8005), and a later felony DUI conviction can lead to revocation of shielding (§ 67-3004(11)(g)). We did not confirm how shielding affects Idaho Transportation Department driving records or commercial driver's licenses.","sources":[{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3004/","title":"Idaho Code § 67-3004(11)","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH80/SECT18-8004C/","title":"Idaho Code § 18-8004C. Excessive alcohol concentration — penalties","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH80/SECT18-8005/","title":"Idaho Code § 18-8005. Penalties","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title19/T19CH26/SECT19-2604/","title":"Idaho Code § 19-2604","publisher":"Idaho State Legislature","accessed":"2026-10-22"}]},"employers":{"detail":"After a Clean Slate shielding order, the proceedings are 'deemed never to have occurred, and the petitioner may lawfully reply accordingly to any inquiry,' except in a judicial proceeding, in peace officer licensing, and for the police and prosecutor uses the law allows (Idaho Code § 67-3004(11)(d)). The law does not list other employer exceptions. Without shielding or expungement, Idaho criminal history is generally available: the State Police release records to any person or private entity that applies in writing, though an arrest with no disposition after 12 months goes only to criminal justice agencies, the person, or someone with the person's signed release (§ 67-3008(2)). A dismissal under § 19-2604 restores civil rights but does not remove the case from the State Police record or the public court record. We did not find an Idaho law limiting when private employers may ask about criminal history (a fair-chance or 'ban the box' law).","sources":[{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3004/","title":"Idaho Code § 67-3004(11)(d)","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3008/","title":"Idaho Code § 67-3008. Release of criminal history record information","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://isp.idaho.gov/wp-content/uploads/BCI/CrimHistory/ExpungmentApplication.pdf","title":"Expungement Application","publisher":"Idaho State Police, Bureau of Criminal Identification","accessed":"2026-10-22"}]},"free_help":[{"name":"Idaho Supreme Court: Clean Slate Act","url":"https://isc.idaho.gov/Clean-Slate-Act","type":"court_self_help","detail":"Official petition to shield records, with step-by-step instructions; no filing fee."},{"name":"Idaho Court Assistance Office","url":"https://courtselfhelp.idaho.gov/","type":"court_self_help","detail":"Statewide court self-help site linking the Clean Slate petition and the form to vacate and seal an underage alcohol violation."},{"name":"Idaho State Police: Criminal History and Expungement","url":"https://isp.idaho.gov/bci/criminal-history/","type":"state_agency","detail":"Expungement application for arrests without a conviction, and how to get and read your Idaho criminal history (Criminal History Unit, 208-884-7134)."},{"name":"Idaho State Bar Lawyer Referral Service","url":"https://isb.idaho.gov/lawyer-referral-service/","type":"bar_referral","detail":"Referral to a participating lawyer for a $35 fee, with an initial consultation of up to a half hour at no further charge."}],"sources":[{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3004/","title":"Idaho Code § 67-3004","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title19/T19CH26/SECT19-2604/","title":"Idaho Code § 19-2604","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH15/SECT18-1502/","title":"Idaho Code § 18-1502","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3008/","title":"Idaho Code § 67-3008","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://isc.idaho.gov/Clean-Slate-Act","title":"Clean Slate Act","publisher":"Idaho Supreme Court","accessed":"2026-10-22"},{"url":"https://isc.idaho.gov/rules-procedure/icar#rule-32","title":"Idaho Court Administrative Rule 32","publisher":"Idaho Supreme Court","accessed":"2026-10-22"},{"url":"https://isp.idaho.gov/bci/criminal-history/","title":"Criminal History","publisher":"Idaho State Police","accessed":"2026-10-22"},{"url":"https://courtselfhelp.idaho.gov/","title":"Idaho Court Assistance Office","publisher":"Idaho Court Assistance Office","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/sessioninfo/2026/legislation/","title":"2026 Legislation","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/sessioninfo/2025/legislation/","title":"2025 Legislation","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://legislature.idaho.gov/sessioninfo/2026/legislation/H0777/","title":"House Bill 777 (2026), Uniform controlled substances: Session Law Chapter 90, effective 07/01/2026","publisher":"Idaho State Legislature","accessed":"2026-10-22"},{"url":"https://idaholegalaid.org/apply-for-help","title":"Apply for Help","publisher":"Idaho Legal Aid Services","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"illinois","code":"IL","name":"Illinois","terms":["expungement","sealing","motion to vacate and expunge (cannabis)","certificate of good conduct"],"summary":"Illinois has two main court petitions. Expungement erases arrests, dismissed charges, and court supervision or qualified probation that was completed successfully. Sealing hides most misdemeanor and felony convictions from the public after a waiting period. DUI, domestic battery, most sex offenses and a few other offenses can never be sealed. Minor cannabis records have their own vacate-and-expunge route. The Clean Slate Act signed in January 2026 shortened some waiting periods from June 1, 2026 and adds automatic sealing, which is expected to start in 2029.","remedies":[{"id":"expungement","name":"Expungement","type":"expungement","effect":"The court's instructions say expungement \"erases arrests, dismissed charges, court supervisions, and qualified probations that were completed successfully\" so the record is treated as if it never happened. Employers and the public can't see expunged records or learn that a record was expunged, and you don't have to tell employers about them.","covers":"Arrests and charges that didn't end in a conviction, court supervision or qualified probation that was completed successfully, and a few kinds of convictions.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["Arrests and charges for misdemeanors or felonies that ended in acquittal, dismissal, nolle prosequi, non-suit, SOL, diversion, a finding of no probable cause, or release without charging.","Court supervision that was completed successfully, after the waiting period.","Qualified probation (for example first offender drug probation under 410, 710 or 1410, or TASC) that was completed successfully, after 5 years.","Convictions that were reversed or vacated.","Convictions pardoned by the Governor with authorization to expunge.","Convictions covered by a Prisoner Review Board Certificate of Eligibility for Expungement (honorably discharged veterans).","Eligible misdemeanor or Class 4 felony cannabis convictions under the Cannabis Regulation and Tax Act (410 ILCS 705).","Reckless driving supervision, if you are now 25 or older, the supervision happened before you turned 25, and you have no other convictions."],"not_eligible":["Convictions, unless one of the exceptions above applies. Probation (other than successfully completed qualified probation), jail or prison, conditional discharge, time served, and fine-only sentences all count as convictions.","Supervision or qualified probation that wasn't completed successfully.","Supervision for DUI.","Supervision for reckless driving if you were 25 or older at the time.","Supervision for sexual offenses against a minor under 18.","Minor traffic offenses, unless you were released without being charged.","Anyone with pending criminal charges or a sentence not yet finished, including parole, probation or supervision."],"waiting_periods":[{"record":"Acquittal, dismissal or release without charging","wait":"No waiting period","detail":"The Cook County Clerk's guide says acquittals and dismissals have no waiting period; the court instructions list none."},{"record":"Court supervision (most offenses), completed successfully","wait":"2 years after successful completion","detail":null},{"record":"Court supervision for domestic battery, criminal sexual abuse (victim 18 or older), driving an uninsured vehicle, driving with registration suspended for no insurance, showing a false insurance card, or a scrap processor's failure to keep records","wait":"5 years after successful completion","detail":null},{"record":"Qualified probation (first offender drug probation, TASC), completed successfully","wait":"5 years after successful completion","detail":"The court instructions say these may qualify for sealing after 2 years instead."}],"automatic":"no","automatic_detail":"You must file a petition. The 2026 Clean Slate Act adds automatic sealing, not automatic expungement. Some minor cannabis arrests were expunged automatically by police; see the cannabis remedy.","how_to_file":["Get your records from the Circuit Clerk, the Illinois State Police, the local police, a LiveScan vendor, or the Chicago Police Department for Chicago arrests.","Fill out the Case Worksheet, then the Request to Expunge & Impound and/or Seal Criminal Records and any Additional Arrests or Cases forms. Illinois Legal Aid Online has a free guided interview that fills in the forms.","Call the Circuit Clerk to confirm local filing rules, then file in each county where you have a case.","The State's Attorney, the Illinois State Police and the arresting agencies have 60 days to object in writing. If they don't object in that time, they can't object later.","Go to any court date the court sets. Some counties set a hearing right away and others only if someone objects. Missing it can get your Request denied.","If the judge grants the order, the clerk sends it to the police and prosecutors, who have 60 days to comply. The Illinois State Police sends you a letter when your records are cleared. Keep your copy of the order.","If you are denied, you can file a Motion for Reconsideration within 60 days or a Notice of Appeal within 30 days."],"where":"The Circuit Clerk in each county where you were arrested or charged.","forms":[{"name":"How to Expunge and/or Seal a Criminal Record (instructions, ATJ 2900.11)","url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/94c3721e-428b-405e-a7f1-d71237998bad/EXP-AD%20Instructions.pdf"},{"name":"Request to Expunge & Impound and/or Seal Criminal Records","url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/62dae17d-e95a-4185-9242-a8cce2bcffde/EXP-AD%20Request.pdf"},{"name":"Order to Expunge & Impound and/or Seal Criminal Records","url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/b66093d0-5c81-4d08-9d14-f8fd8f911c21/EXP-AD%20Order%20Granting.pdf"},{"name":"Additional Arrests or Cases for Expungement","url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/9cb2130f-056d-4962-a6e7-a592b4f4b4bb/EXP-AD%20Additional%20Cases%20Expungement.pdf"},{"name":"Application for Waiver of Court Fees","url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/52beec8c-25fc-4d0f-bc56-82a93b68d395/FW-CIV%20Application.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Fees vary by county. You pay a Circuit Clerk filing fee plus an Illinois State Police processing fee, which the clerk collects. A certified disposition fee and record fees (such as a Chicago Police RAP sheet) may also apply. You pay in each county where you file. The Cook County Clerk's guide (undated) lists $151.50 per petition.","fee_waiver":"yes","fee_waiver_detail":"If you can't afford the fees, file the Application for Waiver of Court Fees with your Request; you can ask the court to waive the Illinois State Police processing fee too. A judge decides; in Cook County you must appear for a hearing on the waiver."},"hearing":"sometimes","timeline":"60 days for agencies to object, then 60 days for agencies to comply after an order. The Cook County Clerk estimates about 4 to 6 months in suburban districts.","statute":{"cite":"20 ILCS 2630/5.2(b)","url":"https://www.ilga.gov/Documents/legislation/ilcs/documents/002026300K5.2.htm"},"sources":[{"url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/94c3721e-428b-405e-a7f1-d71237998bad/EXP-AD%20Instructions.pdf","title":"How to Expunge and/or Seal a Criminal Record (ATJ 2900.11, rev. 09/26)","publisher":"Illinois Supreme Court Commission on Access to Justice (statewide approved forms)","accessed":"2026-10-21"},{"url":"https://osad.illinois.gov/expungement/expungement-and-sealing-general-information.html","title":"Adult Expungement & Sealing Information and Forms","publisher":"Illinois Office of the State Appellate Defender","accessed":"2026-10-21"},{"url":"https://www.cookcountyclerkofcourt.org/sites/g/files/ywwepo221/files/document/file/2023-12/NL_A%20Guide%20to%20Expungements.pdf","title":"A Guide to Expungements","publisher":"Clerk of the Circuit Court of Cook County","accessed":"2026-10-21"},{"url":"https://www.illinoislegalaid.org/legal-information/expungement-and-sealing-court-process-common-questions","title":"During the expungement or sealing court process (FAQ)","publisher":"Illinois Legal Aid Online","accessed":"2026-10-22"}]},{"id":"sealing","name":"Sealing","type":"sealing","effect":"Sealing hides records from most of the public. Law enforcement agencies, prosecutors and courts can still see sealed records. Employers that are required by law to run fingerprint background checks can see sealed felony convictions, but not sealed misdemeanor convictions or cases without a conviction. Other employers and the public can't see sealed records or learn that a record was sealed, and you don't have to tell employers about them.","covers":"Most misdemeanor and felony convictions after a waiting period, plus non-conviction records and completed Second Chance Probation.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":null,"eligible":["Arrests and charges for misdemeanors or felonies that didn't lead to a conviction.","Second Chance Probation that was completed successfully.","Misdemeanor and felony convictions after the waiting period, unless the offense is on the list of records that can't be sealed.","Minor traffic offenses, only if you were released without being charged."],"not_eligible":["Driving under the influence (625 ILCS 5/11-501), as a conviction or as supervision.","Reckless driving (625 ILCS 5/11-503), except for a person who was under 25 at the time and has no other DUI or reckless driving convictions.","Domestic battery (720 ILCS 5/12-3.2).","Violating an order of protection, a civil no-contact order or a stalking no-contact order.","Soliciting or patronizing a prostitute (720 ILCS 5/11-18).","Felony public indecency. Misdemeanor public indecency can be sealed.","Any other misdemeanor under Article 11 of the Criminal Code (sex offenses), except prostitution.","Any offense that requires registration under the Sex Offender Registration Act.","Dog fighting and listed Class A misdemeanors under the Humane Care for Animals Act.","Anyone with pending criminal charges or a sentence not yet finished."],"waiting_periods":[{"record":"Arrests and charges without a conviction","wait":"No waiting period listed in the court instructions","detail":null},{"record":"Misdemeanor conviction or ordinance violation","wait":"2 years after you finish your last sentence","detail":"Shortened from 3 years by the Clean Slate Act (HB 1836), in effect from June 1, 2026 according to Illinois Legal Aid Online."},{"record":"Qualified probation","wait":"2 years after you finish your last sentence","detail":null},{"record":"Felony conviction with a sentence of probation or conditional discharge that wasn't revoked","wait":"2 years after you finish your last sentence","detail":"As listed in the court's instructions revised 09/26. Illinois Legal Aid Online also puts 'probation completed without revocation' in its 2-year group; the Governor's announcement describes felonies generally as 3 years."},{"record":"Other felony convictions","wait":"3 years after you finish your last sentence","detail":"If your felony sentence was prison, jail, or probation or conditional discharge that was revoked, and you earned a new diploma, GED, degree, or career or vocational certification during that sentence, you can ask the court to waive the wait and file when the sentence ends."},{"record":"Convictions that require registration as an arsonist or as a murderer or violent offender against youth","wait":"Not until you are no longer required to register","detail":null}],"automatic":"no","automatic_detail":"Sealing is by petition today. The Clean Slate Act (HB 1836, Public Act 104-0459) adds automatic sealing by the Illinois State Police and circuit clerks, expected to begin in 2029. See clean_slate.","how_to_file":["Use the same Request to Expunge & Impound and/or Seal Criminal Records form; you can ask for expungement and sealing in one Request.","List each case on the form (use Additional Arrests or Cases for Sealing if needed) and file with the Circuit Clerk in each county.","The State's Attorney, the Illinois State Police and the arresting agencies have 60 days to object. Go to any court date that is set.","The judge decides even if you meet the rules. The judge may consider the strength of the evidence, any objections, your age, your criminal and work history, the time since the arrest, and how a denial would affect you."],"where":"The Circuit Clerk in each county where you have a case.","forms":[{"name":"Request to Expunge & Impound and/or Seal Criminal Records","url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/62dae17d-e95a-4185-9242-a8cce2bcffde/EXP-AD%20Request.pdf"},{"name":"Additional Arrests or Cases for Sealing","url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/e14c8a2e-32b1-4e88-b16d-7a6dba1e4a4e/EXP-AD%20Additional%20Cases%20Sealing.pdf"},{"name":"Order Denying Request to Expunge & Impound and/or Seal Criminal Records","url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/9ee52a9a-dfc9-4a4c-9264-0ecb1ce679d4/EXP-AD%20Order%20Denying.pdf"},{"name":"Application for Waiver of Court Fees","url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/52beec8c-25fc-4d0f-bc56-82a93b68d395/FW-CIV%20Application.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Same as expungement: a county Circuit Clerk filing fee plus an Illinois State Police processing fee collected by the clerk, paid in each county. The Cook County Clerk's guide (undated) lists $151.50 per petition.","fee_waiver":"yes","fee_waiver_detail":"File the Application for Waiver of Court Fees with your Request; the court can waive the filing fee and the Illinois State Police processing fee."},"hearing":"sometimes","timeline":"60 days for agencies to object, then 60 days for agencies to comply after an order.","statute":{"cite":"20 ILCS 2630/5.2(a)(3), (c)","url":"https://www.ilga.gov/Documents/legislation/ilcs/documents/002026300K5.2.htm"},"sources":[{"url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/94c3721e-428b-405e-a7f1-d71237998bad/EXP-AD%20Instructions.pdf","title":"How to Expunge and/or Seal a Criminal Record (ATJ 2900.11, rev. 09/26)","publisher":"Illinois Supreme Court Commission on Access to Justice (statewide approved forms)","accessed":"2026-10-21"},{"url":"https://www.illinoislegalaid.org/legal-information/what-you-need-know-about-clean-slate-act","title":"What you need to know about the Clean Slate Act (FAQ)","publisher":"Illinois Legal Aid Online","accessed":"2026-10-22"},{"url":"https://www.illinoiscourts.gov/News/850/Standardized-forms-library-continues-expansion-with-improved-suite-of-expungement-and-sealing-forms/news-detail/","title":"Standardized forms library continues expansion with improved suite of expungement and sealing forms (September 27, 2017)","publisher":"Illinois Courts","accessed":"2026-10-21"},{"url":"https://www.illinoislegalaid.org/legal-information/expungement-and-sealing-court-process-common-questions","title":"During the expungement or sealing court process (FAQ)","publisher":"Illinois Legal Aid Online","accessed":"2026-10-22"},{"url":"https://www.cookcountyclerkofcourt.org/sites/g/files/ywwepo221/files/document/file/2023-12/NL_A%20Guide%20to%20Expungements.pdf","title":"A Guide to Expungements","publisher":"Clerk of the Circuit Court of Cook County","accessed":"2026-10-21"}]},{"id":"cannabis-vacate-expunge","name":"Motion to vacate and expunge (cannabis)","type":"vacatur","effect":"Vacates an eligible cannabis conviction and expunges the court and police records for it.","covers":"Older Illinois cannabis possession and manufacture/delivery convictions within set amounts, plus the court records of minor cannabis arrests that police expunged automatically.","outcomes":["no_conviction","misdemeanor","felony"],"narrow":"Cannabis offenses only","eligible":["Possession of 500 grams or less, convicted between 8/13/1973 and 6/25/2019.","Attempted possession of 2,000 grams or less, convicted between 8/15/1997 and 6/25/2019.","Attempted possession of any amount, convicted between 8/13/1973 and 8/14/1997.","Manufacture or delivery (or possession with intent) of 30 grams or less, convicted between 9/24/1983 and 6/25/2019.","Attempted manufacture or delivery of 500 grams or less, convicted between 9/24/1983 and 6/25/2019.","Court records of an adult arrest for 30 grams or less before June 25, 2019 that ended without a conviction, once at least one year has passed since the arrest."],"not_eligible":["Cannabis convictions outside the dates and amounts listed above.","For the automatic police expungement of arrests: cases involving giving cannabis to a minor under 18 who was at least three years younger, or a violent-crime arrest in the same case."],"waiting_periods":[{"record":"Adult minor cannabis arrest (30 grams or less, before June 25, 2019) that ended without a conviction","wait":"At least 1 year after the arrest","detail":null}],"automatic":"some","automatic_detail":"Police were required to expunge their records of adult minor cannabis arrests (30 grams or less, before June 25, 2019, no conviction) on a schedule that ended January 1, 2025. That does not expunge the court record; you still need this motion for that. Minor cannabis convictions (30 grams or less) were sent to the Prisoner Review Board, which can recommend a Governor's pardon authorizing expungement; if granted, the Attorney General files to expunge and the clerk notifies you.","how_to_file":["The State's Attorney may file the motion for you, or you can file it yourself using the statewide forms.","Fill out the Motion to Vacate and Expunge, any Additional Cannabis Convictions forms, and the Notice of Court Date.","File in the circuit court where you were convicted and send the notice as the instructions say."],"where":"The circuit court in the county where you were convicted.","forms":[{"name":"Cannabis expungement forms and instructions (Motion to Vacate and Expunge)","url":"https://osad.illinois.gov/expungement/cannabis-expungement.html"}],"cost":{"filing_fee_usd":null,"detail":"The official pages we reviewed don't state a fee for this motion.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"20 ILCS 2630/5.2(i)","url":"https://www.ilga.gov/Documents/legislation/ilcs/documents/002026300K5.2.htm"},"sources":[{"url":"https://osad.illinois.gov/expungement/cannabis-expungement.html","title":"Cannabis Expungement Information and Forms","publisher":"Illinois Office of the State Appellate Defender","accessed":"2026-10-21"},{"url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/94c3721e-428b-405e-a7f1-d71237998bad/EXP-AD%20Instructions.pdf","title":"How to Expunge and/or Seal a Criminal Record (ATJ 2900.11, rev. 09/26)","publisher":"Illinois Supreme Court Commission on Access to Justice (statewide approved forms)","accessed":"2026-10-21"}]},{"id":"certificate-of-good-conduct","name":"Certificate of Good Conduct","type":"certificate","effect":"A court order finding that a person with a conviction has been rehabilitated. It can remove certain legal barriers to jobs, occupational licenses or housing. It does not seal, expunge or erase the record, it doesn't mean you'll get a job, license or housing, and it can't remove barriers to working for the Illinois Department of Corrections, the Department of Juvenile Justice or another Illinois law enforcement agency (Illinois Legal Aid Online).","covers":"Convictions, including ones that can't be expunged or sealed.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["People with Illinois convictions, including records that can't be expunged or sealed, after the waiting period."],"not_eligible":["Arson or aggravated arson.","Kidnapping or aggravated kidnapping.","Aggravated DUI.","Aggravated domestic battery.","Any offense requiring registration under the Sex Offender Registration Act, the Arsonist Registry Act, or the Murderer and Violent Offender Against Youth Registration Act."],"waiting_periods":[{"record":"Most serious conviction is a felony","wait":"2 years after you complete your sentence","detail":"The period usually starts when your last sentence ends, including mandatory supervised release and paying fines."},{"record":"Most serious conviction is a misdemeanor","wait":"1 year after you complete your sentence","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Gather your arrest, charge, conviction and case-outcome records, then fill out the statewide Certificate of Good Conduct forms, explaining which barriers you want removed.","Contact the circuit court clerk in the county of conviction to learn how to file (in person, by mail or e-filing) and how to get a court date.","Send the State's Attorney a copy of your Notice of Court Date and forms, and mail the judge your Request.","Go to the hearing, where you can explain your request, present documents and call witnesses; the State's Attorney may respond.","If granted, you can pay a small fee to get a certified copy from the clerk."],"where":"The circuit court in the county where you were convicted.","forms":[],"cost":{"filing_fee_usd":null,"detail":"A filing fee may apply, plus a small fee for a certified copy of the certificate.","fee_waiver":"yes","fee_waiver_detail":"You can ask for a fee waiver."},"hearing":"yes","timeline":null,"statute":{"cite":"730 ILCS 5/5-5.5-25","url":"https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-5.5-25.htm"},"sources":[{"url":"https://www.illinoislegalaid.org/legal-information/certificates-good-conduct-and-relief-disabilities","title":"Certificates of Good Conduct","publisher":"Illinois Legal Aid Online","accessed":"2026-10-21"}]}],"clean_slate":{"status":"enacted_not_in_effect","effective":null,"detail":"The Clean Slate Act (HB 1836, Public Act 104-0459) was signed on January 16, 2026. Its automatic sealing has not started: Illinois Legal Aid Online says it is expected to begin in 2029, with older records phased in (records from July 1, 2005 to December 31, 2028 by January 1, 2031; July 1, 1990 to June 30, 2005 by January 1, 2032; July 1, 1970 to June 30, 1990 by January 1, 2034). The Illinois State Police will identify eligible records and notify circuit clerks, who will seal them. Once running, it covers qualifying misdemeanor convictions 2 years and felony convictions 3 years after the sentence ends, and dismissed or acquitted cases when the case ends. Offenses that can't be sealed by petition (DUI, reckless driving, domestic battery, order of protection violations, registrable sex offenses, Humane Care for Animals Act violations) are excluded, and Class X felonies, homicide, robbery, residential burglary, home invasion, arson, kidnapping, offenses involving discharge of a firearm and some others are excluded from automatic sealing but may still be sealed by petition. DUI charges don't qualify for automatic sealing even if dismissed. Some parts of the law, including the shorter petition waiting periods, took effect June 1, 2026. Separately, police were required to expunge certain minor cannabis arrest records automatically by January 1, 2025.","sources":[{"url":"https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-bipartisan-clean-slate-act","title":"Gov. Pritzker Signs Bipartisan Clean Slate Act","publisher":"Office of the Governor of Illinois","accessed":"2026-10-21"},{"url":"https://www.illinoislegalaid.org/legal-information/what-you-need-know-about-clean-slate-act","title":"What you need to know about the Clean Slate Act (FAQ)","publisher":"Illinois Legal Aid Online","accessed":"2026-10-22"},{"url":"https://osad.illinois.gov/expungement/cannabis-expungement.html","title":"Cannabis Expungement Information and Forms","publisher":"Illinois Office of the State Appellate Defender","accessed":"2026-10-21"}]},"marijuana":{"detail":"Illinois has a cannabis-specific motion to vacate and expunge for older possession convictions (500 grams or less, 8/13/1973 to 6/25/2019) and manufacture/delivery convictions (30 grams or less, 9/24/1983 to 6/25/2019); the State's Attorney can file it or you can file it yourself. Police records of adult minor cannabis arrests (30 grams or less, before June 25, 2019, no conviction) were to be expunged automatically by January 1, 2025, but the court record needs the motion. Minor cannabis convictions could be expunged through a Governor's pardon authorizing expungement after Prisoner Review Board review. Eligible misdemeanor or Class 4 cannabis convictions can also be expunged with the regular forms. New Leaf Illinois offers free help with cannabis records at (855) 963-9532.","sources":[{"url":"https://osad.illinois.gov/expungement/cannabis-expungement.html","title":"Cannabis Expungement Information and Forms","publisher":"Illinois Office of the State Appellate Defender","accessed":"2026-10-21"},{"url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/94c3721e-428b-405e-a7f1-d71237998bad/EXP-AD%20Instructions.pdf","title":"How to Expunge and/or Seal a Criminal Record (ATJ 2900.11, rev. 09/26)","publisher":"Illinois Supreme Court Commission on Access to Justice (statewide approved forms)","accessed":"2026-10-21"}]},"non_conviction":{"detail":"Arrests and charges that ended in acquittal, dismissal, nolle prosequi, a finding of no probable cause, diversion, or release without charging can be expunged by petition with no waiting period, including DUI arrests that didn't end in a conviction or supervision. They can also be sealed. You can't file while other criminal charges are pending or a sentence is unfinished. Under the Clean Slate Act, dismissed and acquitted cases (except DUI) are to be sealed automatically when automatic sealing begins, expected in 2029.","sources":[{"url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/94c3721e-428b-405e-a7f1-d71237998bad/EXP-AD%20Instructions.pdf","title":"How to Expunge and/or Seal a Criminal Record (ATJ 2900.11, rev. 09/26)","publisher":"Illinois Supreme Court Commission on Access to Justice (statewide approved forms)","accessed":"2026-10-21"},{"url":"https://www.cookcountyclerkofcourt.org/sites/g/files/ywwepo221/files/document/file/2023-12/NL_A%20Guide%20to%20Expungements.pdf","title":"A Guide to Expungements","publisher":"Clerk of the Circuit Court of Cook County","accessed":"2026-10-21"},{"url":"https://www.illinoislegalaid.org/legal-information/what-you-need-know-about-clean-slate-act","title":"What you need to know about the Clean Slate Act (FAQ)","publisher":"Illinois Legal Aid Online","accessed":"2026-10-22"}]},"dui":{"eligible":"no","detail":"No. A DUI conviction (625 ILCS 5/11-501) can't be sealed, and DUI court supervision can't be expunged or sealed, even after it is completed. The Clean Slate Act keeps DUI excluded and doesn't automatically seal DUI charges even when dismissed. A DUI arrest or charge that ended in dismissal or acquittal (no conviction or supervision) can be expunged by petition. Reckless driving is also excluded from sealing unless you were under 25 at the time and have no other DUI or reckless driving convictions. Aggravated DUI also bars a Certificate of Good Conduct. The only conviction route in the court instructions is a Governor's pardon that authorizes expungement.","sources":[{"url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/94c3721e-428b-405e-a7f1-d71237998bad/EXP-AD%20Instructions.pdf","title":"How to Expunge and/or Seal a Criminal Record (ATJ 2900.11, rev. 09/26)","publisher":"Illinois Supreme Court Commission on Access to Justice (statewide approved forms)","accessed":"2026-10-21"},{"url":"https://www.illinoislegalaid.org/legal-information/what-you-need-know-about-clean-slate-act","title":"What you need to know about the Clean Slate Act (FAQ)","publisher":"Illinois Legal Aid Online","accessed":"2026-10-22"},{"url":"https://www.illinoislegalaid.org/legal-information/certificates-good-conduct-and-relief-disabilities","title":"Certificates of Good Conduct","publisher":"Illinois Legal Aid Online","accessed":"2026-10-21"}]},"employers":{"detail":"Under the Illinois Human Rights Act, employers can't base hiring, firing, promotion or discipline decisions on an arrest that didn't lead to a conviction, a juvenile record, or a sealed or expunged record (775 ILCS 5/2-103), and can't ask about sealed or expunged records on an application. For convictions, an employer can't have a blanket ban; it must find a substantial relationship to the job or an unreasonable risk, weigh factors such as time passed and rehabilitation, and give written notice and at least five business days to respond before a final decision (775 ILCS 5/2-103.1, in effect since March 23, 2021; the Act covers employers with 1 or more employees in Illinois during 20 or more calendar weeks of the year). Illinois' ban-the-box law, the Job Opportunities for Qualified Applicants Act (820 ILCS 75), generally bars covered private employers from asking about criminal records until an interview is scheduled or a conditional offer is made; jobs requiring a fingerprint check, a fidelity bond or an EMS license are exceptions. Employers required by law to run fingerprint checks (for example schools, park districts, health care and law enforcement) can still see sealed felony convictions. Complaints about arrests and sealed or expunged records go to the Illinois Department of Human Rights.","sources":[{"url":"https://dhr.illinois.gov/about-us/idhr-faqs/know-your-rights-faqs/conviction-record-protections----faq.html","title":"Conviction Record Protections FAQ","publisher":"Illinois Department of Human Rights","accessed":"2026-10-21"},{"url":"https://www.illinoislegalaid.org/legal-information/do-i-have-tell-employers-about-sealedexpunged-records","title":"Do I have to tell employers about my criminal record?","publisher":"Illinois Legal Aid Online","accessed":"2026-10-22"},{"url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/94c3721e-428b-405e-a7f1-d71237998bad/EXP-AD%20Instructions.pdf","title":"How to Expunge and/or Seal a Criminal Record (ATJ 2900.11, rev. 09/26)","publisher":"Illinois Supreme Court Commission on Access to Justice (statewide approved forms)","accessed":"2026-10-21"}]},"free_help":[{"name":"Illinois Legal Aid Online: expungement and sealing guided interview","url":"https://www.illinoislegalaid.org/legal-information/criminal-record-expungement-or-sealing-request","type":"legal_aid","detail":"Free guided interview that asks questions and fills in the statewide forms; also explains the Clean Slate Act and links to free legal help."},{"name":"Office of the State Appellate Defender, Expungement & Sealing Unit","url":"https://osad.illinois.gov/expungement","type":"public_defender","detail":"Statewide forms and information; toll-free 866-787-1776. It cannot represent you on a petition."},{"name":"Illinois Supreme Court approved expungement and sealing forms (Spanish)","url":"https://www.illinoiscourts.gov/documents-and-forms/approved-forms/circuit-forms/expungement-sealing/erradicar-y-sellar-expedientes-penales","type":"court_self_help","detail":"Spanish versions of the statewide forms, which every Illinois court must accept."}],"sources":[{"url":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/94c3721e-428b-405e-a7f1-d71237998bad/EXP-AD%20Instructions.pdf","title":"How to Expunge and/or Seal a Criminal Record (ATJ 2900.11, rev. 09/26)","publisher":"Illinois Supreme Court Commission on Access to Justice (statewide approved forms)","accessed":"2026-10-21"},{"url":"https://osad.illinois.gov/expungement/expungement-and-sealing-general-information.html","title":"Adult Expungement & Sealing Information and Forms","publisher":"Illinois Office of the State Appellate Defender","accessed":"2026-10-21"},{"url":"https://osad.illinois.gov/expungement/cannabis-expungement.html","title":"Cannabis Expungement Information and Forms","publisher":"Illinois Office of the State Appellate Defender","accessed":"2026-10-21"},{"url":"https://www.illinoiscourts.gov/News/850/Standardized-forms-library-continues-expansion-with-improved-suite-of-expungement-and-sealing-forms/news-detail/","title":"Standardized forms library continues expansion with improved suite of expungement and sealing forms","publisher":"Illinois Courts","accessed":"2026-10-21"},{"url":"https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-bipartisan-clean-slate-act","title":"Gov. Pritzker Signs Bipartisan Clean Slate Act","publisher":"Office of the Governor of Illinois","accessed":"2026-10-21"},{"url":"https://www.illinoislegalaid.org/legal-information/what-you-need-know-about-clean-slate-act","title":"What you need to know about the Clean Slate Act (FAQ)","publisher":"Illinois Legal Aid Online","accessed":"2026-10-22"},{"url":"https://www.illinoislegalaid.org/legal-information/expungement-and-sealing-court-process-common-questions","title":"During the expungement or sealing court process (FAQ)","publisher":"Illinois Legal Aid Online","accessed":"2026-10-22"},{"url":"https://www.cookcountyclerkofcourt.org/sites/g/files/ywwepo221/files/document/file/2023-12/NL_A%20Guide%20to%20Expungements.pdf","title":"A Guide to Expungements","publisher":"Clerk of the Circuit Court of Cook County","accessed":"2026-10-21"},{"url":"https://dhr.illinois.gov/about-us/idhr-faqs/know-your-rights-faqs/conviction-record-protections----faq.html","title":"Conviction Record Protections FAQ","publisher":"Illinois Department of Human Rights","accessed":"2026-10-21"},{"url":"https://www.illinoislegalaid.org/legal-information/do-i-have-tell-employers-about-sealedexpunged-records","title":"Do I have to tell employers about my criminal record?","publisher":"Illinois Legal Aid Online","accessed":"2026-10-22"},{"url":"https://www.illinoislegalaid.org/legal-information/certificates-good-conduct-and-relief-disabilities","title":"Certificates of Good Conduct","publisher":"Illinois Legal Aid Online","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"indiana","code":"IN","name":"Indiana","terms":["expungement","sealing","marked as expunged","automatic expungement"],"summary":"Indiana's main remedy is expungement: arrests and charges that did not lead to a conviction can be expunged, and for cases charged since July 1, 2022 many dismissals and acquittals are expunged automatically. Most convictions can be expunged by petition after 5 years (misdemeanors), 8 years (most felonies) or 10 years (serious felonies, with the prosecutor's consent); for higher-level felonies you must also be 3 or 5 years past the end of your sentence, and you need a conviction-free period of the same length and all fines, fees and restitution paid. Adults generally get only one conviction petition in a lifetime, so every conviction has to be included. Misdemeanor and lower-level felony records are sealed; more serious felony records stay public but are marked as expunged.","remedies":[{"id":"non-conviction-expungement","name":"Expungement of arrests and charges without a conviction","type":"expungement","effect":"Information about the arrest, charge or juvenile allegation may not be placed or kept in the state central criminal history repository or in local, regional or statewide law enforcement criminal history systems. Court records (trial court, juvenile court, Court of Appeals and Supreme Court) are redacted or permanently sealed from public access, and appellate opinions naming the person are redacted online. The records are not destroyed: they stay available to courts and criminal justice agencies for official duties. If the person later sues over matters the expunged records would address, the defendant is presumed to have a complete defense (IC 35-38-9-1(h)-(k)).","covers":"Arrests, criminal charges and juvenile delinquency allegations that did not end in a conviction or adjudication (an infraction adjudication does not count), and convictions later vacated.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["The arrest, charge or allegation did not result in a conviction or juvenile adjudication, even if it resulted in an infraction adjudication, or a conviction or adjudication was later vacated (IC 35-38-9-1(a)).","You are not currently in a pretrial diversion program, unless the prosecutor authorizes the petition (IC 35-38-9-1(a)). The Indiana Office of Court Services says this diversion rule took effect July 1, 2022.","No criminal charges are pending against you (IC 35-38-9-1(c), (g)).","There is no lifetime limit on these petitions; the one-petition rule applies only to conviction expungements (IC 35-38-9-9(i); Indiana Office of Court Services)."],"not_eligible":["Anyone currently in a pretrial diversion program without the prosecutor's authorization (IC 35-38-9-1(a)).","Anyone with charges pending (IC 35-38-9-1(g))."],"waiting_periods":[{"record":"Arrest, charge or juvenile allegation that did not end in a conviction (petition)","wait":"1 year after the latest of the arrest, charge or allegation","detail":"The prosecutor can agree in writing to an earlier date (IC 35-38-9-1(d))."},{"record":"Conviction or adjudication later vacated","wait":"1 year after the opinion vacating it becomes final","detail":"IC 35-38-9-1(d)"},{"record":"Arrest after June 30, 2022 with no charges filed","wait":"1 year after the arrest","detail":"If no charges are pending, the judge must immediately order expungement. This does not shorten the statute of limitations, and a prosecutor can still file charges later (IC 35-38-9-1(c))."},{"record":"Charges dismissed, acquittal, or conviction later vacated (charged after June 30, 2022)","wait":"Automatic; the order takes effect no earlier than 60 days after the dismissal or acquittal","detail":"On the prosecutor's motion, the court may delay it for up to one year if specific facts justify the delay (IC 35-38-9-1(b))."}],"automatic":"some","automatic_detail":"For people charged or alleged delinquent after June 30, 2022, the court must order expungement on its own when it dismisses all charges, when the defendant is acquitted of all charges, or when a conviction is later vacated. The order cannot take effect earlier than 60 days after the dismissal or acquittal, and the prosecutor can ask for a delay of up to one year (IC 35-38-9-1(b)). Older cases, and arrests with no charges filed, need a petition.","how_to_file":["Look up your case on mycase.in.gov, or get a criminal history report if the case is older (Indiana Legal Services).","Fill out the Nonconviction Petition and Order and any insert form from Indiana Legal Help. The petition must be verified and list the dates, counties, agencies, court, case numbers, any other names you have used, your date of birth, driver's license number and Social Security number (IC 35-38-9-1(e)).","File it in a circuit or superior court in the county where the charges were filed, or in the county of arrest if no charges were filed (IC 35-38-9-1(e)).","The court serves a copy on the prosecutor. The court must grant the petition unless you don't meet the conditions or charges are pending (IC 35-38-9-1(f), (g))."],"where":"A circuit or superior court in the county where charges were filed, or where you were arrested if no charges were filed (IC 35-38-9-1(e)).","forms":[{"name":"Nonconviction Petition and Order (Indiana Legal Help)","url":"https://indianalegalhelp.org/wp-content/uploads/2023/08/NonConvictionPetitionOrderFILLABLE2021.pdf"},{"name":"Nonconviction Petition and Order instructions","url":"https://indianalegalhelp.org/wp-content/uploads/2023/08/NonConvictINSTRUCTIONS2020-1.pdf"},{"name":"Nonconviction Insert form","url":"https://indianalegalhelp.org/wp-content/uploads/2023/08/NonConvictInsert_FILLABLE.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No filing fee for these petitions (IC 35-38-9-1; Indiana Office of Court Services). Getting a criminal history report may cost a small fee (Indiana Legal Services).","fee_waiver":"not_stated","fee_waiver_detail":"There is no filing fee to waive."},"hearing":"not_stated","timeline":null,"statute":{"cite":"IC 35-38-9-1","url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-1/"},"sources":[{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-1/","title":"IC 35-38-9-1 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://secure.in.gov/courts/iocs/files/pubs-trial-court-courtmgmt-expungement-detailed.pdf","title":"Expungements: Detailed Information on Criminal Case Expungement (updated 7/1/2026)","publisher":"Indiana Office of Court Services","accessed":"2026-10-21"},{"url":"https://indianalegalhelp.org/legal-topic/expungement-criminal-and-non-conviction/","title":"Expungement-Criminal and Non-Conviction","publisher":"Indiana Legal Help","accessed":"2026-10-22"},{"url":"https://www.indianalegalservices.org/wp-content/uploads/2025/09/Criminal-Record-Expungement-Fact-Sheet-2.2025.pdf","title":"Criminal Record Expungement Fact Sheet (2.2025)","publisher":"Indiana Legal Services","accessed":"2026-10-21"}]},{"id":"conviction-expungement-sealed","name":"Expungement of misdemeanor and Level 6 / Class D felony convictions (records sealed)","type":"expungement","effect":"The court orders the Department of Correction, the Bureau of Motor Vehicles and any agency that prosecuted, held or treated you not to release the records without a court order, except to law enforcement acting in official duties. The State Police seal the conviction in the central repository. Sealed records can still go to prosecutors, defense lawyers and probation (with a court order), the FBI and Homeland Security under information-sharing agreements, the Indiana Supreme Court and Board of Law Examiners for bar admission, people complying with the S.A.F.E. Mortgage Licensing Act, the BMV and federal commercial-driver systems where federal law requires, and schools hiring staff, volunteers or contractors who will have contact with students. Court records are permanently sealed (IC 35-38-9-6). You are treated as if you had never been convicted, except that the conviction can be used in sentencing and as a prior conviction if you are later convicted of a new crime (IC 35-38-9-10(e)). Expunging a domestic violence conviction does not restore firearm rights; those can be restored only under IC 35-47-4-7 (IC 35-38-9-6(f)).","covers":"Misdemeanor convictions, Class D or Level 6 felonies reduced to misdemeanors, and Class D or Level 6 felonies that did not cause bodily injury.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Misdemeanor convictions, and Class D (crime before July 1, 2014) or Level 6 (crime after June 30, 2014) felonies that were reduced to a misdemeanor (IC 35-38-9-2(a)).","Class D or Level 6 felony convictions that were not reduced to a misdemeanor (IC 35-38-9-3(a)).","The court must find that the waiting period has passed, no charges are pending, you have paid all fines, fees and court costs and satisfied any restitution, and you have no conviction in the previous 5 years (misdemeanors) or 8 years (Level 6 / Class D felonies). If it finds all of these, the court 'shall order' the records expunged (IC 35-38-9-2(e), 35-38-9-3(e)).","One petition per lifetime: put every conviction from the same county in one petition, and file in each county where you have a conviction. Petitions in different counties count as one if all are filed within one 365-day period (IC 35-38-9-9(h), (i))."],"not_eligible":["Sex or violent offenders as defined in IC 11-8-8-5 (IC 35-38-9-2(b), 35-38-9-3(b)).","Anyone convicted of two or more felonies involving unlawful use of a deadly weapon that were not part of the same episode of criminal conduct (IC 35-38-9-2(b), 35-38-9-3(b)).","For Level 6 / Class D felonies only: a felony that resulted in bodily injury, perjury, official misconduct, offenses under IC 35-42-1 (homicide), IC 35-42-3.5 (human trafficking) or IC 35-42-4 (sex crimes), and elected officials or judicial officers convicted while in office or running for office (IC 35-38-9-3(b)). Some of these may qualify under the felony 'marked as expunged' route instead.","Anyone with charges pending, a conviction during the look-back period, or unpaid fines, fees, court costs or restitution (IC 35-38-9-2(e), 35-38-9-3(e))."],"waiting_periods":[{"record":"Misdemeanor, or Class D / Level 6 felony reduced to a misdemeanor","wait":"5 years from the date of conviction","detail":"You must also have no conviction in the previous 5 years. The prosecutor can agree in writing to a shorter period (IC 35-38-9-2(c), (e))."},{"record":"Class D / Level 6 felony (not reduced)","wait":"8 years from the date of conviction","detail":"You must also have no felony or misdemeanor conviction in the previous 8 years. The prosecutor can agree in writing to a shorter period (IC 35-38-9-3(c), (e))."},{"record":"After a denial","wait":"You may refile for the convictions in the first petition","detail":"You cannot add convictions that were left out unless the court finds good faith, excusable neglect and that it serves justice (IC 35-38-9-9(j), (k))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Find every conviction in every county. Recent cases are on mycase.in.gov; older ones may need a criminal history report. Wait until you meet the waiting period for all of your convictions, because you generally get one petition (Indiana Legal Services; IC 35-38-9-9).","Contact the clerk in each county to find out whether you owe fines, fees, costs or restitution, since all must be paid (Indiana Legal Services; IC 35-38-9-2(e)).","Fill out the Conviction Petition and Order and the insert for each type of conviction (Section 2 for misdemeanors, Section 3 for Level 6 / Class D felonies) from Indiana Legal Help. The verified petition must list all your names, addresses since the offense, case numbers, all convictions, your Social Security and driver's license numbers, and affirm that no charges or investigations are pending (IC 35-38-9-8(b)).","File in a circuit or superior court in the county of conviction, pay the civil filing fee or ask for a fee waiver, and serve the prosecutor (IC 35-38-9-8(d), (e)).","The prosecutor has 30 days to respond; if it doesn't, any objection is waived. With no objection, the court may grant the petition without a hearing. If the prosecutor objects, the court sets a hearing no sooner than 60 days after service, and a victim may give a statement (IC 35-38-9-8(g), 35-38-9-9)."],"where":"A circuit or superior court in the county of conviction; a separate petition in each county (IC 35-38-9-2(d), 35-38-9-9(h)).","forms":[{"name":"Conviction Petition and Order (Indiana Legal Help)","url":"https://indianalegalhelp.org/wp-content/uploads/2023/08/ConvictionPetitionOrder0320Fillable.pdf"},{"name":"Conviction Petition and Order instructions","url":"https://indianalegalhelp.org/wp-content/uploads/2023/08/ConvictionPetitionInstructions0320.pdf"},{"name":"Conviction Section 2 insert (misdemeanors)","url":"https://indianalegalhelp.org/wp-content/uploads/2023/08/ConvictionInsert2_FILLABLE_022020.pdf"},{"name":"Conviction Section 3 insert (Level 6 / Class D felonies)","url":"https://indianalegalhelp.org/wp-content/uploads/2023/08/ConvictionInsert3_FILLABLE_022020.pdf"}],"cost":{"filing_fee_usd":157,"detail":"You pay the civil filing fee (IC 35-38-9-8(d)). Indiana Legal Help lists the civil filing fee as $157 to start a new case ($185 if you want the sheriff to serve papers), and the Monroe County Clerk lists $157 for civil cases. No source we found gives an expungement-specific amount, and some civil case types cost more, so confirm the amount with the county clerk. Criminal history reports may cost extra (Indiana Legal Services).","fee_waiver":"yes","fee_waiver_detail":"The court may reduce or waive the filing fee if you are indigent (IC 35-38-9-8(d)). Indiana Legal Help's filing fee page explains how to ask for a fee waiver. Separately, unpaid fines, fees, costs or restitution block eligibility; Indiana Legal Services says a judge can waive court debt you cannot afford and that it may help with that process."},"hearing":"sometimes","timeline":null,"statute":{"cite":"IC 35-38-9-2, 35-38-9-3, 35-38-9-6, 35-38-9-8, 35-38-9-9","url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-2/"},"sources":[{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-2/","title":"IC 35-38-9-2 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-3/","title":"IC 35-38-9-3 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-6/","title":"IC 35-38-9-6 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-8/","title":"IC 35-38-9-8 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-9/","title":"IC 35-38-9-9 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://secure.in.gov/courts/iocs/files/pubs-trial-court-courtmgmt-expungement-detailed.pdf","title":"Expungements: Detailed Information on Criminal Case Expungement (updated 7/1/2026)","publisher":"Indiana Office of Court Services","accessed":"2026-10-21"},{"url":"https://indianalegalhelp.org/filing-fee-frequently-asked-questions/","title":"Filing Fee Frequently Asked Questions","publisher":"Indiana Legal Help","accessed":"2026-10-21"},{"url":"https://www.in.gov/counties/monroe/justice/clerk-of-court/civil-division/court-costs/","title":"Court Costs (Civil Division)","publisher":"Monroe County Clerk of Courts, Indiana","accessed":"2026-10-21"},{"url":"https://www.indianalegalservices.org/wp-content/uploads/2025/09/Criminal-Record-Expungement-Fact-Sheet-2.2025.pdf","title":"Criminal Record Expungement Fact Sheet (2.2025)","publisher":"Indiana Legal Services","accessed":"2026-10-21"}]},{"id":"conviction-expungement-marked","name":"Expungement of other felony convictions (records marked as expunged)","type":"expungement","effect":"Court and other public records about the arrest, conviction and sentence stay public, but are 'clearly and visibly marked or identified as being expunged.' The State Police, the BMV and other law enforcement agencies add a notation to your criminal history record. The BMV can still report traffic convictions to the federal Commercial Driver's License Information System when federal law requires (IC 35-38-9-7). You are considered to have had the records expunged for all purposes other than how the records are handled (IC 35-38-9-4(e), 35-38-9-5(e)), and the anti-discrimination and job-application protections of IC 35-38-9-10 apply.","covers":"Felonies that can't be expunged as a Level 6 / Class D felony, including higher-level felonies and, with prosecutor consent, felonies that caused serious bodily injury.","outcomes":["felony"],"narrow":null,"eligible":["Felony convictions that are not eligible under IC 35-38-9-3, such as Class A-C or Level 1-5 felonies (IC 35-38-9-4(a)).","Felonies that resulted in serious bodily injury, felonies by elected officials or judicial officers (other than official misconduct), and official misconduct by someone who is not an elected or judicial official may be expunged only under IC 35-38-9-5, which requires the prosecutor's written consent (IC 35-38-9-5(a), (e)). The official-misconduct path took effect July 1, 2025 (S.E.A. 281, P.L. 77-2025).","The court must find that the waiting period has passed, no charges are pending, you have paid all fines, fees, court costs and restitution, and you have no conviction in the previous 8 years (IC 35-38-9-4) or 10 years (IC 35-38-9-5).","Even if you meet every condition, the court 'may' grant it: relief under these sections is discretionary (IC 35-38-9-4(e), 35-38-9-5(e)).","The one-petition-per-lifetime and one-petition-per-county rules apply (IC 35-38-9-9(h), (i))."],"not_eligible":["Sex or violent offenders as defined in IC 11-8-8-5 (IC 35-38-9-4(b), 35-38-9-5(b)).","A felony that resulted in another person's death (IC 35-38-9-4(b), 35-38-9-5(b)).","Offenses under IC 35-42-1 (homicide, including attempted murder), IC 35-42-3.5 (human trafficking) or IC 35-42-4 (sex crimes), including attempts (IC 35-38-9-4(b), 35-38-9-5(b)).","Two or more felonies involving unlawful use of a deadly weapon that were not part of the same episode of criminal conduct (IC 35-38-9-4(b), 35-38-9-5(b)).","Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5) (IC 35-38-9-4(b), 35-38-9-5(b)).","Official misconduct by an elected official or judicial officer while serving or running for office (IC 35-38-9-5(b))."],"waiting_periods":[{"record":"Felony under IC 35-38-9-4 (no serious bodily injury)","wait":"The later of 8 years from conviction or 3 years from completing the sentence","detail":"No conviction in the previous 8 years. The prosecutor can agree in writing to a shorter period (IC 35-38-9-4(c), (e))."},{"record":"Felony under IC 35-38-9-5 (including serious bodily injury)","wait":"The later of 10 years from conviction or 5 years from completing the sentence","detail":"No conviction in the previous 10 years, and the prosecutor's written consent is required (IC 35-38-9-5(c), (e))."},{"record":"After a denial based on the court's discretion","wait":"3 years from the date of the denial","detail":"IC 35-38-9-9(j)"}],"automatic":"no","automatic_detail":null,"how_to_file":["Follow the same steps as for misdemeanor and Level 6 petitions: one verified petition per county listing every conviction, filed in the county of conviction and served on the prosecutor (IC 35-38-9-8, 35-38-9-9).","Use the Section 4 insert from Indiana Legal Help for these felonies.","For a petition under IC 35-38-9-5, get the prosecutor's written consent and attach a copy (IC 35-38-9-8(b)).","The prosecutor must notify the victim, who may give a statement at any hearing (IC 35-38-9-8(f), 35-38-9-9)."],"where":"A circuit or superior court in the county of conviction (IC 35-38-9-4(d), 35-38-9-5(d)).","forms":[{"name":"Conviction Petition and Order (Indiana Legal Help)","url":"https://indianalegalhelp.org/wp-content/uploads/2023/08/ConvictionPetitionOrder0320Fillable.pdf"},{"name":"Conviction Section 4 insert","url":"https://indianalegalhelp.org/wp-content/uploads/2023/08/ConvictionInsert4_FILLABLE_022020.pdf"},{"name":"Conviction Section 4 insert instructions","url":"https://indianalegalhelp.org/wp-content/uploads/2023/08/ConvictionInsert4_Instructions022020.pdf"}],"cost":{"filing_fee_usd":157,"detail":"The civil filing fee applies (IC 35-38-9-8(d)); Indiana Legal Help lists it as $157. Confirm with the county clerk.","fee_waiver":"yes","fee_waiver_detail":"The court may reduce or waive the filing fee if you are indigent (IC 35-38-9-8(d))."},"hearing":"sometimes","timeline":null,"statute":{"cite":"IC 35-38-9-4, 35-38-9-5, 35-38-9-7","url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-4/"},"sources":[{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-4/","title":"IC 35-38-9-4 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-5/","title":"IC 35-38-9-5 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-7/","title":"IC 35-38-9-7 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-9/","title":"IC 35-38-9-9 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://legislativeupdate.courts.in.gov/tag/expungement","title":"Legislative Update: expungement posts (S.E.A. 281, P.L. 77-2025)","publisher":"Indiana Office of Court Services","accessed":"2026-10-21"},{"url":"https://secure.in.gov/courts/iocs/files/pubs-trial-court-courtmgmt-expungement-detailed.pdf","title":"Expungements: Detailed Information on Criminal Case Expungement (updated 7/1/2026)","publisher":"Indiana Office of Court Services","accessed":"2026-10-21"}]}],"clean_slate":{"status":"partial","effective":"2022-07-01","detail":"Indiana has no automatic clearing of convictions. Since July 1, 2022, for people charged after June 30, 2022, courts must order expungement automatically when all charges are dismissed, the person is acquitted, or a conviction is later vacated, effective no sooner than 60 days later (IC 35-38-9-1(b); Indiana Office of Court Services). A 2026 bill (HB 1118) that would have replaced the adult expungement statute passed the House but we found no record that it was enacted.","sources":[{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-1/","title":"IC 35-38-9-1 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://secure.in.gov/courts/iocs/files/pubs-trial-court-courtmgmt-expungement-detailed.pdf","title":"Expungements: Detailed Information on Criminal Case Expungement (updated 7/1/2026)","publisher":"Indiana Office of Court Services","accessed":"2026-10-21"},{"url":"https://legislativeupdate.courts.in.gov/2026/01/16/expungement-16/","title":"Legislative Update: Expungement (HB 1118, 2026)","publisher":"Indiana Office of Court Services","accessed":"2026-10-21"}]},"marijuana":{"detail":null,"sources":[]},"non_conviction":{"detail":"Arrests, charges and juvenile allegations that didn't end in a conviction can be expunged by petition one year after the latest of the arrest, charge or allegation, with no filing fee and no lifetime limit (IC 35-38-9-1). For people charged after June 30, 2022, dismissals, acquittals and vacated convictions are expunged automatically, and someone arrested after June 30, 2022 who was never charged can petition after one year and the judge must immediately grant it (IC 35-38-9-1(b), (c)). The records are removed from criminal history systems and sealed in the courts, but remain available to courts and criminal justice agencies.","sources":[{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-1/","title":"IC 35-38-9-1 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://secure.in.gov/courts/iocs/files/pubs-trial-court-courtmgmt-expungement-detailed.pdf","title":"Expungements: Detailed Information on Criminal Case Expungement (updated 7/1/2026)","publisher":"Indiana Office of Court Services","accessed":"2026-10-21"}]},"dui":{"eligible":"yes","detail":"Indiana's expungement chapter does not list OWI (operating a vehicle while intoxicated) as an excluded offense, so OWI convictions follow the general rules. OWI is a Class C misdemeanor, or a Class A misdemeanor if it endangers a person (IC 9-30-5-2), so a misdemeanor OWI can be expunged 5 years after conviction if you have no conviction in the previous 5 years, no pending charges, and all fines, fees, costs and restitution are paid; the court must then grant it (IC 35-38-9-2). A felony OWI follows the felony rules: a Level 6 felony that did not cause bodily injury uses the 8-year route (IC 35-38-9-3); a felony that caused bodily injury may qualify under IC 35-38-9-4; one that caused serious bodily injury needs the prosecutor's consent (IC 35-38-9-5); and a felony that resulted in a death cannot be expunged (IC 35-38-9-4(b), 35-38-9-5(b)). If you held a commercial driver's license or commercial learner's permit at the time and the conviction is a violation described in 49 CFR 384.226, the court may not order the BMV to seal or expunge it (IC 35-38-9-0.6(d), amended by S.E.A. 281 effective July 1, 2025). Expungement does not affect an existing or pending license suspension (IC 35-38-9-6(b), 35-38-9-7(b)). Because of the one-petition rule, include an OWI with all your other convictions.","sources":[{"url":"https://law.justia.com/codes/indiana/title-9/article-30/chapter-5/section-9-30-5-2/","title":"IC 9-30-5-2 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-2/","title":"IC 35-38-9-2 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-0-6/","title":"IC 35-38-9-0.6 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-6/","title":"IC 35-38-9-6 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://legislativeupdate.courts.in.gov/2025/05/16/expungement-12/","title":"Legislative Update: Expungement (S.E.A. 281, commercial driver's licenses)","publisher":"Indiana Office of Court Services","accessed":"2026-10-21"}]},"employers":{"detail":"It is unlawful discrimination for anyone to refuse to employ you, suspend or expel you, or refuse to grant or renew a license, permit or certificate because of an expunged or sealed conviction or arrest. Applications may ask about criminal records only in terms that exclude expunged records, for example: 'Have you ever been arrested for or convicted of a crime that has not been expunged by a court?' A violation is a Class C infraction and can lead to contempt and an injunction. These rules do not bind law enforcement agencies or probation and community corrections departments when hiring (IC 35-38-9-10). An expungement order can be used as evidence of due care in a negligent hiring case (IC 35-38-9-10(g), (h)). Since July 1, 2021, criminal history providers that publish expunged convictions face penalties under IC 24-4-18-8 (Indiana Office of Court Services). We found no statewide fair-chance law for private employers; IC 22-2-17-3 bars cities and counties from prohibiting employers from asking about criminal history, including at the initial application stage, unless federal or state law provides otherwise.","sources":[{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-10/","title":"IC 35-38-9-10 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/indiana/title-22/article-2/chapter-17/section-22-2-17-3/","title":"IC 22-2-17-3 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://secure.in.gov/courts/iocs/files/pubs-trial-court-courtmgmt-expungement-detailed.pdf","title":"Expungements: Detailed Information on Criminal Case Expungement (updated 7/1/2026)","publisher":"Indiana Office of Court Services","accessed":"2026-10-21"}]},"free_help":[{"name":"Indiana Legal Help: Expungement","url":"https://indianalegalhelp.org/legal-topic/expungement-criminal-and-non-conviction/","type":"legal_aid","detail":"Statewide self-help site from the Indiana Coalition for Court Access with free expungement petition forms, instructions, a guided form and a directory of free or low-cost clinics."},{"name":"Indiana Legal Services","url":"https://www.indianalegalservices.org/applyonline/","type":"legal_aid","detail":"Free civil legal aid for eligible low-income people, including expungement help; apply online or call 1-844-243-8570 (Monday-Thursday, 9am-1pm)."},{"name":"Indiana Office of Court Services expungement guide","url":"https://secure.in.gov/courts/iocs/files/pubs-trial-court-courtmgmt-expungement-detailed.pdf","type":"court_self_help","detail":"The courts' detailed plain-language guide to each expungement category, updated July 1, 2026. It is not legal advice."}],"sources":[{"url":"https://secure.in.gov/courts/iocs/files/pubs-trial-court-courtmgmt-expungement-detailed.pdf","title":"Expungements: Detailed Information on Criminal Case Expungement (updated 7/1/2026)","publisher":"Indiana Office of Court Services","accessed":"2026-10-21"},{"url":"https://secure.in.gov/courts/iocs/files/pubs-trial-court-courtmgmt-expungement-statutes.pdf","title":"Expungement statutes (updated 7/1/2026)","publisher":"Indiana Office of Court Services","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/indiana/title-35/article-38/chapter-9/section-35-38-9-9/","title":"IC 35-38-9-9 (2025 Indiana Code, republished)","publisher":"Justia, republishing the Indiana Code","accessed":"2026-10-21"},{"url":"https://indianalegalhelp.org/legal-topic/expungement-criminal-and-non-conviction/","title":"Expungement-Criminal and Non-Conviction","publisher":"Indiana Legal Help","accessed":"2026-10-22"},{"url":"https://legislativeupdate.courts.in.gov/tag/expungement","title":"Legislative Update: expungement posts","publisher":"Indiana Office of Court Services","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"iowa","code":"IA","name":"Iowa","terms":["expungement","deferred judgment"],"summary":"Iowa keeps most criminal records public, and felony convictions can't be expunged. A deferred judgment is expunged once probation ends and the costs in the case are paid. Cases that ended in dismissal or acquittal can be expunged on application after 180 days. Each person can expunge one misdemeanor conviction (or a group from the same incident) in their lifetime, more than 8 years after conviction, but many misdemeanors, including OWI, domestic abuse assault and weapons offenses, are excluded. Public intoxication and underage alcohol convictions have their own 2-year route.","remedies":[{"id":"deferred-judgment-expungement","name":"Expungement of a completed deferred judgment","type":"expungement","effect":"The court's record of the deferred judgment, and the counts dismissed with it, are segregated in a secure database and become a confidential record exempt from public access (Iowa Code §§ 907.1(3), 907.9(4)(b)). The record is not destroyed: the clerk still gives it, without a court order, to judges, clerks, judicial district correctional services, county attorneys, the Department of Public Safety and the Department of Corrections, and the statewide deferred judgment docket keeps a permanent record (§ 907.4). After notice that probation was completed, the Department of Public Safety releases the criminal history only to justice agencies, the person, or someone with the person's signed release (§ 692.2(1)(b)(4)).","covers":"Guilty pleas or verdicts where the court deferred judgment and the person completed probation.","outcomes":["diversion"],"narrow":null,"eligible":["The court deferred judgment under § 907.3 and you were discharged from probation (§ 907.9(4)(b)).","You have paid the restitution, civil penalties, court costs, fees and other financial obligations in the case (§ 907.9(4)(b)).","Counts in the same charging document are expunged along with the deferred judgment. Related dismissed charges filed separately are expunged only by a court order that names them (§ 907.9(4)(c))."],"not_eligible":["A deferred judgment that the court revoked. If it was a misdemeanor, the conviction may still qualify for misdemeanor expungement under § 901C.3 (Iowa Legal Aid).","Dismissed counts are not expunged if any count in the case ended in a conviction (other than contempt) that was not expunged (§ 907.9(4)(d)).","Deferred judgments aren't available at all for forcible felonies, people with a prior felony conviction, people who already had two deferred judgments, and several listed offenses, including many OWI cases (§ 907.3(1))."],"waiting_periods":[{"record":"Deferred judgment","wait":"On discharge from probation, once the financial obligations in the case are paid","detail":"§ 907.9(4)(b)."}],"automatic":"some","automatic_detail":"The statute says the record 'shall be expunged' upon discharge once the case costs are paid (§ 907.9(4)(b)). Iowa Legal Aid says deferred judgments completed after July 1, 2013 should be expunged automatically, but people who completed one before then must apply, and people on unsupervised probation (common in rural counties) may need to file a motion and proposed order.","how_to_file":["Finish probation and pay everything owed in the case, or set up a payment plan with the clerk or county attorney so you can be discharged (§ 907.9(4)(a)).","Check the online court docket. If the case is still public after discharge and payment, file a motion and proposed order asking the court to expunge it under § 907.9 (Iowa Legal Aid).","If related charges were filed in a separate case and dismissed, ask the court for an order that names them (§ 907.9(4)(c)(2))."],"where":"The district court that granted the deferred judgment.","forms":[],"cost":{"filing_fee_usd":null,"detail":"No separate expungement fee is listed in § 907.9. All court costs, fees, civil penalties and restitution in the case must be paid first.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Iowa Code § 907.9(4)","url":"https://www.legis.iowa.gov/docs/code/2026/907.9.pdf"},"sources":[{"url":"https://www.legis.iowa.gov/docs/code/2026/907.9.pdf","title":"Iowa Code 2026 § 907.9. Discharge from probation — procedure — expungement of deferred judgments","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/907.1.pdf","title":"Iowa Code 2026 § 907.1. Definitions","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/907.4.pdf","title":"Iowa Code 2026 § 907.4. Deferred judgment docket","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/907.3.pdf","title":"Iowa Code 2026 § 907.3. Deferred judgment, deferred sentence, or suspended sentence","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/692.2.pdf","title":"Iowa Code 2026 § 692.2. Dissemination of criminal history data — fees","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://iowalegalaid.org/resource/can-i-expunge-my-adult-criminal-conviction-in-1/","title":"Can I Expunge My Adult Criminal Conviction in Iowa? (last updated September 20, 2025)","publisher":"Iowa Legal Aid","accessed":"2026-10-22"}]},{"id":"dismissal-acquittal-expungement","name":"Expungement of dismissed cases and acquittals","type":"expungement","effect":"The court record of the case becomes a confidential record exempt from public access. The clerk still gives it, without a court order, to the person and to the agencies with access to the deferred judgment docket (judges, clerks, correctional services, county attorneys, the Department of Public Safety and the Department of Corrections); anyone else needs a court order (Iowa Code § 901C.2(2); Iowa R. Crim. P. 2.84(1)).","covers":"Criminal cases in which every charge was dismissed or ended in acquittal.","outcomes":["no_conviction"],"narrow":null,"eligible":["Every charge in the case ended in acquittal or was otherwise dismissed (§ 901C.2(1)(a)(1)). Under the court rule, a case that became inactive because all charges were moved to another case number counts as dismissed (Rule 2.80(6)). Iowa Legal Aid says this also covers cases marked 'not filed,' 'merged,' 'transferred' or 'withdrawn.'","All court costs, fees and other financial obligations in the case have been paid (§ 901C.2(1)(a)(2); Rule 2.83(3)).","At least 180 days have passed since the acquittal or dismissal of all charges, unless the court finds good cause to waive the wait, for example identity theft or mistaken identity (§ 901C.2(1)(a)(3)).","The charges were public offenses. Iowa Legal Aid says this leaves out non-indictable scheduled traffic violations and local traffic ordinance charges."],"not_eligible":["Cases where any count ended in a conviction. All counts must be dismissed or acquitted (§ 901C.2(1)(a)(1); Iowa Legal Aid).","Dismissals after a deferred judgment; those are expunged under § 907.9 instead (§ 901C.2(3)).","Cases dismissed because the person was found not guilty by reason of insanity, or where the person was found incompetent to stand trial (§ 901C.2(1)(a)(4)-(5))."],"waiting_periods":[{"record":"Acquittal or dismissal of all charges","wait":"180 days after the acquittal or dismissal","detail":"The court may waive the wait for good cause, such as identity theft or mistaken identity (§ 901C.2(1)(a)(3))."}],"automatic":"no","automatic_detail":"The court may expunge an eligible case on its own motion, and the prosecutor may apply, but the statute doesn't require the court to act without an application. The court must tell you about this right when all charges are dismissed or you are acquitted (§ 901C.2(1), (5); Rule 2.80(1)).","how_to_file":["Wait 180 days after the dismissal or acquittal and pay any costs owed in the case.","Fill out Rule 2.86 Form 1, Application to Expunge Court Record under Iowa Code section 901C.2.","File it electronically in the same case through the Iowa Judicial Branch eFile system (required for most filers), which notifies the county attorney. If the case isn't on eFile, file on paper with the clerk and mail or deliver a copy to the county attorney.","The county attorney has 20 days to respond. The court grants the application if the requirements are met and may hold a hearing (Rule 2.83)."],"where":"The Iowa district court, in the case you want expunged (Rule 2.80(3)).","forms":[{"name":"Rule 2.86 Form 1: Application to Expunge Court Record under Iowa Code section 901C.2","url":"https://www.iowacourts.gov/browse/files/9aa5deabcf3d42ae977df5d99e5595eb/download"}],"cost":{"filing_fee_usd":null,"detail":"Neither the statute, the clerk fee statutes (Iowa Code §§ 602.8105, 602.8106), the court rules nor the official form lists a filing fee. Court costs in the case must be paid before expungement.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The county attorney may respond within 20 days after service, unless the court orders otherwise (Rule 2.83(1)).","statute":{"cite":"Iowa Code § 901C.2; Iowa R. Crim. P. 2.80, 2.83, 2.84","url":"https://www.legis.iowa.gov/docs/code/2026/901C.pdf"},"sources":[{"url":"https://www.legis.iowa.gov/docs/code/2026/901C.pdf","title":"Iowa Code 2026, Chapter 901C, Expungement of Criminal Records","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/2.pdf","title":"Iowa Court Rules, Chapter 2, Rules of Criminal Procedure (Rules 2.80-2.86, May 2025)","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.iowacourts.gov/browse/files/9aa5deabcf3d42ae977df5d99e5595eb/download","title":"Rule 2.86 Form 1: Application to Expunge Court Record under Iowa Code section 901C.2 (August 2024)","publisher":"Iowa Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.iowacourts.gov/for-the-public/court-forms/","title":"Court Forms (Expunge Court Record)","publisher":"Iowa Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/602.8106.pdf","title":"Iowa Code 2026 § 602.8106. Collection of fees in criminal cases","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://iowalegalaid.org/resource/can-i-expunge-my-adult-criminal-conviction-in-1/","title":"Can I Expunge My Adult Criminal Conviction in Iowa?","publisher":"Iowa Legal Aid","accessed":"2026-10-22"}]},{"id":"misdemeanor-expungement","name":"One-time misdemeanor conviction expungement","type":"expungement","effect":"The court record becomes a confidential record exempt from public access, available only by court order (Iowa Code § 901C.3(4); Iowa R. Crim. P. 2.84(2)). After the clerk gives notice, the conviction is removed from the Department of Public Safety's criminal history files (§ 901C.3(5)). The courts keep a confidential list of expunged misdemeanors to enforce the one-time limit (Rule 2.85).","covers":"One misdemeanor conviction, or several from the same incident, more than 8 years after conviction, unless the offense is on the excluded list.","outcomes":["misdemeanor"],"narrow":null,"eligible":["A misdemeanor conviction, with more than 8 years passed since the date of conviction (not the arrest) (§ 901C.3(1)(a); Iowa Judicial Branch instructions).","You have no pending criminal charges. Any pending public offense counts (§ 901C.3(1)(b); Rule 2.83(4)), though the court's instructions say minor traffic tickets, such as a parking or seat belt ticket, don't count.","You have not previously been granted two deferred judgments. Deferred judgments granted at the same time count as one (§ 901C.3(1)(c); Rule 2.83(5)).","You have paid all court costs, fees, fines, restitution and other financial obligations in the case or cases (§ 901C.3(1)(d); Rule 2.83(3)).","Once in a lifetime. One application can cover several misdemeanors from the same transaction or occurrence, even in different case numbers, if all are listed and the application is filed in each case (§ 901C.3(3); Rule 2.81(4)).","It applies to misdemeanor convictions from any date (§ 901C.3(7))."],"not_eligible":["Felony convictions.","OWI (§ 321J.2), and driving while suspended, revoked or barred offenses under §§ 321.218, 321A.32 and 321J.21 (§ 901C.3(2)(c)-(d)).","Public intoxication (§ 123.46) and simple-misdemeanor underage alcohol possession (§ 123.47(3)); these have their own route (§ 901C.3(2)(a)-(b)).","Sex offenses (§ 692A.101), involuntary manslaughter (§ 707.5), assault under § 708.2(3), domestic abuse assault (§ 708.2A), harassment (§ 708.7), stalking (§ 708.11) and removing an officer's communication or control device (§ 708.12) (§ 901C.3(2)(e)-(k)).","Trespass under § 716.8(3) or (4); convictions under chapters 717C, 719, 720, 724 (weapons), 726 (which now includes dependent adult abuse, formerly § 235B.20), 728 and 901A; and §§ 721.2, 721.10 and 723.1 (§ 901C.3(2)(l)-(v)).","Offenses comparable to the commercial driver's license disqualifying offenses in 49 C.F.R. § 383.51(b) or (e), and comparable offenses under prior law, such as dependent adult abuse under former § 235B.20, which the official form lists as ineligible (§ 901C.3(2)(w)-(x); Rule 2.86 Form 2).","Anyone who already used this one-time expungement (§ 901C.3(3))."],"waiting_periods":[{"record":"Eligible misdemeanor conviction","wait":"More than 8 years after the date of conviction","detail":"No pending charges, no more than one prior deferred judgment, and all money owed in the case paid (§ 901C.3(1))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Find every conviction that came from the same incident; they must all go on one application, because you get only one in your lifetime (Iowa Judicial Branch instructions).","Order your Iowa criminal history from the Division of Criminal Investigation ($15). It must be no more than 30 days old when you file (Rule 2.81(2); instructions).","Fill out Rule 2.86 Form 2, Application to Expunge Misdemeanor Court Records under Iowa Code section 901C.3, and attach the DCI record.","File it in each case you want expunged, through eFile or on paper with the clerk in the county of conviction, and serve the county attorney.","The county attorney has 20 days to respond. The court must grant the expungement if the requirements are met and may hold a hearing (§ 901C.3(1); Rule 2.83)."],"where":"The Iowa district court in the county where the conviction happened, filed in each case (§ 901C.3(1); Rule 2.81).","forms":[{"name":"Rule 2.86 Form 2: Application to Expunge Misdemeanor Court Records under Iowa Code section 901C.3","url":"https://www.iowacourts.gov/browse/files/2efe17f972494a31a1094a07fac255cd/download"},{"name":"Instructions for Rule 2.86 Form 2","url":"https://www.iowacourts.gov/browse/files/38328ca81c814cb1af15d52daa6f49f9/download"}],"cost":{"filing_fee_usd":null,"detail":"The official form and instructions list no filing fee, and we found none in chapter 901C or the clerk fee statutes (Iowa Code §§ 602.8105, 602.8106). The required Division of Criminal Investigation criminal history check costs $15. All money owed in the case must be paid first.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The county attorney may respond within 20 days after service (Rule 2.83(1)).","statute":{"cite":"Iowa Code § 901C.3; Iowa R. Crim. P. 2.81, 2.83-2.85","url":"https://www.legis.iowa.gov/docs/code/2026/901C.pdf"},"sources":[{"url":"https://www.legis.iowa.gov/docs/code/2026/901C.pdf","title":"Iowa Code 2026, Chapter 901C, Expungement of Criminal Records","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/2.pdf","title":"Iowa Court Rules, Chapter 2, Rules of Criminal Procedure (Rules 2.81-2.86, May 2025)","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.iowacourts.gov/browse/files/38328ca81c814cb1af15d52daa6f49f9/download","title":"Instructions for Application to Expunge Misdemeanor Court Records Under Iowa Code Section 901C.3 (August 2024)","publisher":"Iowa Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.iowacourts.gov/browse/files/2efe17f972494a31a1094a07fac255cd/download","title":"Rule 2.86 Form 2: Application to Expunge Misdemeanor Court Records under Iowa Code section 901C.3 (August 2024)","publisher":"Iowa Judicial Branch","accessed":"2026-10-22"},{"url":"https://iowalegalaid.org/resource/can-i-expunge-my-adult-criminal-conviction-in-1/","title":"Can I Expunge My Adult Criminal Conviction in Iowa?","publisher":"Iowa Legal Aid","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/235B.20.pdf","title":"Iowa Code 2026 § 235B.20 (repealed by 2022 Acts, ch 1132, § 7; see § 726.26)","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/726.26.pdf","title":"Iowa Code 2026 § 726.26. Dependent adult abuse — initiation of charges — penalty","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/602.8106.pdf","title":"Iowa Code 2026 § 602.8106. Collection of fees in criminal cases","publisher":"Iowa Legislature","accessed":"2026-10-22"}]},{"id":"alcohol-offense-expungement","name":"Expungement of public intoxication and underage alcohol convictions","type":"expungement","effect":"The conviction is 'expunged as a matter of law': the court record becomes confidential and exempt from public access, available only by court order, and the conviction is removed from the Department of Public Safety's criminal history files (Iowa Code §§ 123.46(6), 123.47(9); Iowa R. Crim. P. 2.84(3)). An expunged underage alcohol conviction can't be used as a prior offense for a later violation that happens after the expungement order (§ 123.47(9)).","covers":"Convictions for public consumption or intoxication (§ 123.46) and for buying, trying to buy, drinking or possessing alcohol under the legal age (§ 123.47(3)), or similar local ordinances.","outcomes":["misdemeanor"],"narrow":"Public intoxication or underage alcohol only","eligible":["A conviction for public consumption or intoxication under § 123.46, or a similar local ordinance (§ 123.46(6)).","A conviction for buying, trying to buy, drinking or possessing alcohol under the legal age of 21 under § 123.47(3), or a similar local ordinance (§§ 123.3, 123.47(9)).","At least 2 years have passed since the conviction, with no other criminal convictions during those 2 years except local traffic violations or simple misdemeanor violations of chapter 321 (§§ 123.46(6), 123.47(9)).","Unlike the other expungements, you don't have to pay off court debt in the case first (Rule 2.83(3)).","There is no once-in-a-lifetime limit, and using this route doesn't use up the one-time misdemeanor expungement (Iowa Legal Aid)."],"not_eligible":["Anyone with another criminal conviction (other than local traffic or simple-misdemeanor chapter 321 violations) within 2 years after the alcohol conviction (§§ 123.46(6), 123.47(9))."],"waiting_periods":[{"record":"Public intoxication or underage alcohol possession conviction","wait":"2 years after the conviction","detail":"No other criminal convictions in those 2 years except local traffic or simple-misdemeanor chapter 321 violations."}],"automatic":"no","automatic_detail":null,"how_to_file":["Fill out Rule 2.86 Form 3 (public intoxication) or Form 4 (possession of alcohol under the legal age).","File it in the case through eFile or with the clerk, and serve the county attorney (Rule 2.82(5)).","The county attorney has 20 days to respond, and the court may hold a hearing (Rule 2.83)."],"where":"The Iowa district court, in the case where you were convicted (Rule 2.82(5)).","forms":[{"name":"Rule 2.86 Form 3: Application to Expunge Public Intoxication Court Records under Iowa Code section 123.46","url":"https://www.iowacourts.gov/browse/files/8a0a8591f13f4c068f8502b0d8d32ebb/download"},{"name":"Rule 2.86 Form 4: Application to Expunge Possession of Alcohol under the Legal Age Court Records under Iowa Code section 123.47","url":"https://www.iowacourts.gov/browse/files/0931114ef0c149baac1e450ac738ec7a/download"}],"cost":{"filing_fee_usd":null,"detail":"The forms and rules list no filing fee, and paying court debt in the case is not a condition (Rule 2.83(3)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The county attorney may respond within 20 days after service (Rule 2.83(1)).","statute":{"cite":"Iowa Code §§ 123.46(6), 123.47(9); Iowa R. Crim. P. 2.82-2.84","url":"https://www.legis.iowa.gov/docs/code/2026/123.46.pdf"},"sources":[{"url":"https://www.legis.iowa.gov/docs/code/2026/123.46.pdf","title":"Iowa Code 2026 § 123.46. Consumption or intoxication in public places — expungement","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/123.47.pdf","title":"Iowa Code 2026 § 123.47. Persons under legal age","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/123.3.pdf","title":"Iowa Code 2026 § 123.3. Definitions ('legal age')","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/2.pdf","title":"Iowa Court Rules, Chapter 2 (Rules 2.82-2.84)","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.iowacourts.gov/browse/files/8a0a8591f13f4c068f8502b0d8d32ebb/download","title":"Rule 2.86 Form 3: Application to Expunge Public Intoxication Court Records","publisher":"Iowa Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.iowacourts.gov/browse/files/0931114ef0c149baac1e450ac738ec7a/download","title":"Rule 2.86 Form 4: Application to Expunge Possession of Alcohol under the Legal Age Court Records","publisher":"Iowa Judicial Branch","accessed":"2026-10-22"},{"url":"https://iowalegalaid.org/resource/can-i-expunge-my-adult-criminal-conviction-in-1/","title":"Can I Expunge My Adult Criminal Conviction in Iowa?","publisher":"Iowa Legal Aid","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"Iowa has no Clean Slate law. The one automatic route is for deferred judgments: when a person is discharged from probation and has paid the costs, fees and restitution in the case, the court record 'shall be expunged' (Iowa Code § 907.9(4)(b)). Iowa Legal Aid says this should happen automatically for deferred judgments completed after July 1, 2013, but older ones need an application and some people on unsupervised probation may need to file a motion. Every other expungement, including dismissals, acquittals and misdemeanor convictions, requires an application to the court. We found no 2025 or 2026 law changing Iowa's expungement statutes: the Legislature's lists of Code sections amended in 2025 and 2026 show no changes to chapter 901C or § 907.9.","sources":[{"url":"https://www.legis.iowa.gov/docs/code/2026/907.9.pdf","title":"Iowa Code 2026 § 907.9","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://iowalegalaid.org/resource/can-i-expunge-my-adult-criminal-conviction-in-1/","title":"Can I Expunge My Adult Criminal Conviction in Iowa?","publisher":"Iowa Legal Aid","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/law/statutory/acts/amended?year=2026","title":"Code & Acts Sections Amended - 2026 Report","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/law/statutory/acts/amended?year=2025","title":"Code & Acts Sections Amended - 2025 Report","publisher":"Iowa Legislature","accessed":"2026-10-22"}]},"marijuana":{"detail":"We found no Iowa law that gives marijuana offenses their own expungement route. Drug offenses under chapter 124 are not on the list of excluded misdemeanors, so a misdemeanor marijuana possession conviction can be expunged under the one-time misdemeanor route more than 8 years after conviction if the other conditions are met (Iowa Code § 901C.3). A marijuana charge that ended in a completed deferred judgment, a dismissal or an acquittal can be expunged under § 907.9 or § 901C.2.","sources":[{"url":"https://www.legis.iowa.gov/docs/code/2026/901C.pdf","title":"Iowa Code 2026, Chapter 901C","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/907.9.pdf","title":"Iowa Code 2026 § 907.9","publisher":"Iowa Legislature","accessed":"2026-10-22"}]},"non_conviction":{"detail":"A case in which every charge was dismissed or ended in acquittal can be expunged on application 180 days later, once the court costs in the case are paid (Iowa Code § 901C.2). The court may waive the wait for good cause, such as identity theft or mistaken identity. Use Rule 2.86 Form 1. The expunged record becomes confidential but stays available to the person and to judges, clerks, correctional services, county attorneys and state public safety and corrections agencies (§ 901C.2(2)). If any count ended in a conviction, the case doesn't qualify. Dismissals after a deferred judgment are handled under § 907.9 instead. Separately, an arrest with no disposition recorded 18 months later is released by the Department of Public Safety only to justice agencies, the person, or someone with the person's signed release (§ 692.2(1)(b)(3)).","sources":[{"url":"https://www.legis.iowa.gov/docs/code/2026/901C.pdf","title":"Iowa Code 2026, Chapter 901C","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/2.pdf","title":"Iowa Court Rules, Chapter 2 (Rules 2.80-2.84)","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/692.2.pdf","title":"Iowa Code 2026 § 692.2","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://iowalegalaid.org/resource/can-i-expunge-my-adult-criminal-conviction-in-1/","title":"Can I Expunge My Adult Criminal Conviction in Iowa?","publisher":"Iowa Legal Aid","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"An OWI conviction (Iowa Code § 321J.2) can't be expunged: it is excluded from the one-time misdemeanor expungement, and so are driving while suspended, revoked or barred under §§ 321.218, 321A.32 and 321J.21 (§ 901C.3(2)). An OWI that ended in a completed deferred judgment is expunged from the public court record under § 907.9, but it still counts as a prior offense for any later OWI (§ 321J.2(8)(b)) and stays on the confidential deferred judgment docket (§ 907.4). A deferred judgment isn't available for OWI if the person has an OWI conviction or a chapter 321J license revocation and any of these apply: an alcohol concentration over .15, a prior OWI conviction or deferred judgment, a refused test, bodily injury to another person, or a violation of § 321.279(2) at the same time (§§ 907.3(1)(a)(6), 321J.2). An OWI charge that was dismissed or ended in acquittal can be expunged under § 901C.2. We did not confirm how expungement affects Iowa Department of Transportation driving records.","sources":[{"url":"https://www.legis.iowa.gov/docs/code/2026/901C.pdf","title":"Iowa Code 2026, Chapter 901C","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/321J.2.pdf","title":"Iowa Code 2026 § 321J.2. Operating while under the influence of alcohol or a drug","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/907.3.pdf","title":"Iowa Code 2026 § 907.3","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/907.9.pdf","title":"Iowa Code 2026 § 907.9","publisher":"Iowa Legislature","accessed":"2026-10-22"}]},"employers":{"detail":"Expunged court records are confidential and exempt from public access under Iowa Code § 22.7, so they should not show up on the public court docket (§§ 901C.2(2), 901C.3(4), 907.9(4)(b)). Iowa Legal Aid notes that most other adult records stay on the free online docket where employers can see them. The Department of Public Safety releases criminal history to any person or private agency that applies in writing, but records of a completed deferred judgment, and arrests with no disposition after 18 months, go only to justice agencies, the person, or someone the person has given a signed release (§ 692.2(1)(b)). Iowa Legal Aid warns that when a job application asks for permission to run a state criminal history check and you sign, a completed deferred judgment can be disclosed to the employer. We did not find an Iowa statute saying a person may deny an expunged record on a job application, or a statewide law limiting when private employers may ask about criminal history.","sources":[{"url":"https://www.legis.iowa.gov/docs/code/2026/901C.pdf","title":"Iowa Code 2026, Chapter 901C","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/907.9.pdf","title":"Iowa Code 2026 § 907.9","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/692.2.pdf","title":"Iowa Code 2026 § 692.2. Dissemination of criminal history data","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://iowalegalaid.org/resource/can-i-expunge-my-adult-criminal-conviction-in-1/","title":"Can I Expunge My Adult Criminal Conviction in Iowa?","publisher":"Iowa Legal Aid","accessed":"2026-10-22"}]},"free_help":[{"name":"Iowa Legal Aid","url":"https://iowalegalaid.org/get-help/","type":"legal_aid","detail":"Statewide free legal aid for people with low incomes; apply online or call 1-800-532-1503 (60 and over: 1-800-992-8161). Its guide 'Can I Expunge My Adult Criminal Conviction in Iowa?' explains each route."},{"name":"Iowa Judicial Branch: Court Forms (Expunge Court Record)","url":"https://www.iowacourts.gov/for-the-public/court-forms/","type":"court_self_help","detail":"Official Rule 2.86 expungement applications for dismissals and acquittals, misdemeanors, public intoxication, underage alcohol and certain prostitution cases, with instructions."}],"sources":[{"url":"https://www.legis.iowa.gov/docs/code/2026/901C.pdf","title":"Iowa Code 2026, Chapter 901C","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/907.9.pdf","title":"Iowa Code 2026 § 907.9","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/907.3.pdf","title":"Iowa Code 2026 § 907.3","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/123.46.pdf","title":"Iowa Code 2026 § 123.46","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/123.47.pdf","title":"Iowa Code 2026 § 123.47","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/692.2.pdf","title":"Iowa Code 2026 § 692.2","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/321J.2.pdf","title":"Iowa Code 2026 § 321J.2","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/2.pdf","title":"Iowa Court Rules, Chapter 2, Rules of Criminal Procedure","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.iowacourts.gov/for-the-public/court-forms/","title":"Court Forms","publisher":"Iowa Judicial Branch","accessed":"2026-10-22"},{"url":"https://iowalegalaid.org/resource/can-i-expunge-my-adult-criminal-conviction-in-1/","title":"Can I Expunge My Adult Criminal Conviction in Iowa?","publisher":"Iowa Legal Aid","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/law/statutory/acts/amended?year=2026","title":"Code & Acts Sections Amended - 2026 Report","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/law/statutory/acts/amended?year=2025","title":"Code & Acts Sections Amended - 2025 Report","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/publications/LGE/91/HF2515.pdf","title":"House File 2515 (2026), Enrolled: deferred or suspended sentences, sexual exploitation of a minor","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/publications/LGE/91/HF2542.pdf","title":"House File 2542 (2026), Enrolled: habitual offenders","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/publications/LGE/91/HF2770.pdf","title":"House File 2770 (2026), Enrolled: justice system appropriations and fees (Division amending § 602.8105)","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.iowa.gov/docs/code/2026/602.8106.pdf","title":"Iowa Code 2026 § 602.8106. Collection of fees in criminal cases","publisher":"Iowa Legislature","accessed":"2026-10-22"},{"url":"https://www.iowacourts.gov/iowa-courts/supreme-court/orders/","title":"Supreme Court Orders (court rule amendments)","publisher":"Iowa Judicial Branch","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"kansas","code":"KS","name":"Kansas","terms":["expungement"],"summary":"Kansas clears records through expungement, which people must ask a court for; nothing is cleared automatically. Arrests that didn't lead to a conviction can be expunged with no wait, and most convictions and diversions can be expunged after 3 years (misdemeanors and lower-level felonies), 5 years (serious felonies, some driving offenses and a first DUI) or 10 years (a second or later DUI). Murder, manslaughter, rape and many other sex offenses, child abuse offenses and commercial-vehicle DUI can never be expunged in district court. An expunged record isn't destroyed: it can still be released in limited situations to courts, prosecutors, law enforcement and some employers and licensing agencies.","remedies":[{"id":"expungement-conviction-diversion","name":"Expungement of a conviction or diversion","type":"expungement","effect":"After the order, the person is treated as not having been arrested, convicted or diverted of the crime and may state that they have never been arrested, convicted or diverted of it (K.S.A. 21-6614(i), (k)(1)). The record is not destroyed. The clerk sends the order to the Kansas Bureau of Investigation (KBI), which notifies the FBI, the Department of Corrections and other criminal justice agencies, and record custodians may release the expunged record only to listed requesters, such as the person, courts, prosecutors, law enforcement and certain licensing and employing agencies (§ 21-6614(i), (l)). An expunged conviction can still count as a prior conviction in a later case, and the person must still disclose it when applying for certain jobs and licenses: private detective, firearms trainer or security work and certain state institution jobs, admission to practice law, Kansas Lottery and racing or gaming jobs and licenses, tribal and state gaming, a commercial driver's license, broker-dealer or investment adviser registration, law enforcement jobs and bail enforcement licenses (§ 21-6614(i)(2)). Since July 1, 2026, the list also includes insurance producer and public adjuster licenses when the record involves a fraudulent insurance act (2025 HB 2323, L. 2026, ch. 61). If the expunged record was the reason for a state or federal ban on having guns, the person's right to keep and bear arms is deemed fully restored (§ 21-6614(k)(2)).","covers":"Most misdemeanor and felony convictions and completed diversions in state district court, after a 1-, 3-, 5- or 10-year wait, except a list of serious violent, sexual and child-abuse offenses.","outcomes":["diversion","misdemeanor","felony"],"narrow":null,"eligible":["Convictions for a traffic infraction, cigarette or tobacco infraction, any misdemeanor, a class D or E felony, any nongrid felony or a felony ranked at severity levels 6 through 10 of the nondrug grid, and the lowest drug-grid felonies (severity level 4 for crimes committed from July 1, 1993 through June 30, 2012, or level 5 for crimes on or after July 1, 2012), 3 years after the sentence was satisfied or the person was discharged from probation, community corrections, parole, postrelease supervision, conditional release or a suspended sentence (K.S.A. 21-6614(a)(1)).","A completed diversion agreement, 3 years after its terms were fulfilled (§ 21-6614(a)(2)).","Class A, B or C felonies, off-grid felonies, nondrug felonies at severity levels 1 through 5, and drug felonies at levels 1 through 3 (crimes before July 1, 2012) or 1 through 4 (crimes on or after July 1, 2012), after 5 years (§ 21-6614(c)).","Some driving-related offenses also need 5 years: vehicular homicide, driving while your license is canceled, suspended or revoked, perjury connected to a license application, a fraudulent license application, any felony in which a motor vehicle was used, leaving the scene of an accident, and driving without required liability insurance (§ 21-6614(c)(1)-(8)).","A first DUI under K.S.A. 8-1567, including a DUI diversion, after 5 years; a second or later DUI after 10 years (§ 21-6614(d)). See the DUI section.","Prostitution, or a violation of K.S.A. 21-6419, or a diversion for it, 1 year after the sentence, diversion or supervision ended, if the person can prove they were acting under coercion caused by someone else (§ 21-6614(b)).","People who completed a specialty court program may petition without the usual wait, and the court may waive all or part of the docket fee (§ 21-6614(a)(3); Kansas Judicial Council petition form).","The court must grant the petition if it finds that the person has not been convicted of a felony in the past two years and no felony case is pending or being brought against them (for a specialty court petition, only the pending-case test applies), their circumstances and behavior warrant expungement, expungement is consistent with the public welfare, and, for a felony, that their having a firearm is not likely to threaten public safety (§ 21-6614(h))."],"not_eligible":["Rape; indecent liberties or aggravated indecent liberties with a child; criminal sodomy and aggravated criminal sodomy; indecent solicitation or aggravated indecent solicitation of a child; sexual exploitation of a child; internet trading or aggravated internet trading in child pornography; aggravated incest; endangering or aggravated endangering a child; abuse of a child; sexual battery of a victim under 18; and aggravated sexual battery (§ 21-6614(e)).","Capital murder, first- and second-degree murder, voluntary manslaughter and involuntary manslaughter (§ 21-6614(e)).","Driving a commercial motor vehicle under the influence (K.S.A. 8-2,144), including a diversion for it (§ 21-6614(e)).","Comparable offenses committed before July 1, 2011, and attempts to commit any offense on this list (§ 21-6614(e)).","Any conviction, while the person is required to register under the Kansas Offender Registration Act, except as K.S.A. 22-4908 allows (§ 21-6614(f)).","Anyone convicted of a felony in the past two years, or with a felony case pending or being brought; for people who completed a specialty court program, only a pending felony case is a bar (§ 21-6614(h)(1))."],"waiting_periods":[{"record":"Misdemeanor, traffic or tobacco infraction, class D or E felony, nondrug felony levels 6-10, nongrid felony, lowest drug-grid level","wait":"3 years after the sentence was satisfied or supervision ended","detail":"K.S.A. 21-6614(a)(1). Kansas Legal Services describes this as 3 years after payment of all fines and completion of the sentence."},{"record":"Completed diversion (other than DUI)","wait":"3 years after the diversion terms were fulfilled","detail":"§ 21-6614(a)(2)."},{"record":"Class A, B or C felony, off-grid felony, nondrug felony levels 1-5, higher drug-grid levels, and listed driving offenses","wait":"5 years after the sentence was satisfied or supervision ended","detail":"§ 21-6614(c)."},{"record":"First DUI (K.S.A. 8-1567), including diversion","wait":"5 years","detail":"§ 21-6614(d)(1)."},{"record":"Second or later DUI","wait":"10 years","detail":"§ 21-6614(d)(2). The 10-year rule does not apply to violations committed from July 1, 2014 through June 30, 2015; the Judicial Council petition form lists a 7-year wait for those dates."},{"record":"Prostitution or K.S.A. 21-6419 offense committed under coercion","wait":"1 year after the sentence, diversion or supervision ended","detail":"The person must prove they were acting under coercion caused by someone else (§ 21-6614(b))."},{"record":"Completed specialty court program","wait":"No waiting period stated","detail":"§ 21-6614(a)(3). The Judicial Council form treats this route as covering offenses that would otherwise be eligible after 3 years and calls it 'immediate expungement'; Kansas Legal Services says most graduates can expunge the crime 'the moment they graduate.'"}],"automatic":"no","automatic_detail":"Kansas has no automatic expungement. A 2024 bill to require automated expungement (HB 2655, 2023-2024 session) did not pass.","how_to_file":["Check that the waiting period has passed and the offense is not on the excluded list. Kansas Legal Services and the Judicial Council petition form include waiting-period charts.","Fill out a Petition for Expungement of Conviction or Diversion for each case. The petition must give your full name and any name used in the case, sex, race, date of birth, the crime, the dates of arrest and of conviction or diversion, and the court or agency involved (§ 21-6614(g)(1)). Some counties also ask for a KBI cover sheet and a criminal cover sheet (Douglas County).","File the petition with the clerk of the district court, in the original criminal case (§ 21-6614(g)(3)). Pay the $195 docket fee or file a poverty affidavit asking the judge to waive it.","The statute says the court sets a hearing and notifies the prosecutor and the arresting agency; anyone with relevant information may testify (§ 21-6614(g)). In some counties, such as Johnson County, an order is sent to the judge without a hearing if the district attorney doesn't object, and a hearing is held if the DA asks for one or the judge requires it.","If the judge grants the petition, the clerk sends the order to the KBI, which notifies the FBI and other agencies (§ 21-6614(i))."],"where":"The district court that convicted you or that handled the diversion, in the original criminal case (K.S.A. 21-6614(a), (g)(3)). Municipal court cases go to the municipal court (see the municipal remedy).","forms":[{"name":"Petition for Expungement of Conviction or Diversion (Kansas Judicial Council, Rev. 08/2022)","url":"https://kjc.ks.gov/home/showpublisheddocument/1654/638624746527670000"},{"name":"Kansas Judicial Council adult expungement forms","url":"https://www.kjc.ks.gov/legal-forms/expungement-adult"},{"name":"Petition for Expungement of Conviction or Diversion (Douglas County version)","url":"https://www.dgcoks.gov/media/10137"},{"name":"Poverty Affidavit (Kansas Judicial Council, linked from Douglas County's page)","url":"https://www.kjc.ks.gov/legal-forms/poverty-affidavit/-folder-607-431#docan431_850_327"}],"cost":{"filing_fee_usd":195,"detail":"The statute sets a $176 docket fee per petition and lets the Kansas Supreme Court add up to $19 per case to fund non-judicial court staff. The earlier authorization for that charge ran from July 1, 2019 through June 30, 2025; 2025 HB 2393 and 2026 SB 430 authorize it from July 1, 2026 through June 30, 2030 (K.S.A. 21-6614(g)(2), as amended effective July 1, 2026). Douglas County and the Johnson County District Attorney list $195 per case, and Johnson County says the fee is non-refundable. The statute says this is the only fee collected for the case.","fee_waiver":"yes","fee_waiver_detail":"Douglas County's clerk says a poverty affidavit (Kansas Judicial Council form) may be used in any expungement type and the judge decides whether to approve it. For people who completed a specialty court program, the statute lets the court waive all or part of the fee (§ 21-6614(a)(3)). No other part of 21-6614 mentions a fee waiver, and a 2026 bill to spell one out (HB 2724) died, so practice may differ by county; ask the clerk."},"hearing":"sometimes","timeline":"The Johnson County District Attorney says processing takes about 8 to 12 weeks (its FAQ says 6 to 12 weeks). Douglas County sets petitions on its monthly expungement docket in the second month after filing.","statute":{"cite":"K.S.A. 21-6614","url":"https://www.ksrevisor.gov/statutes/chapters/ch21/021_066_0014.html"},"sources":[{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26%2Fyear2%2Fready_for_publication%2Fsb_430%2Fsb430_enrolled.pdf","title":"Senate Bill 430 (2026), enrolled: reconciled text of K.S.A. 21-6614 (L. 2026, ch. 157)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/statutes/chapters/ch21/021_066_0014.html","title":"K.S.A. 21-6614 (history note ends L. 2023, ch. 91; 2026 amendments not yet shown)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://ksrevisor.gov/rpts/2026NewAmendsAndRepealsBillOrder.pdf","title":"2026 Composite Listing of New, Amended and Repealed Statutes (Bill Order)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/rpts/2026NewAmendsAndRepealsKSAOrder.pdf","title":"2026 Composite Listing of New, Amended and Repealed Statutes (K.S.A. Order), August 13, 2026","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26/year2/ready_for_publication/hb_2393/hb2393_enrolled.pdf","title":"House Bill 2393, enrolled (amending K.S.A. 21-6614 and 22-2410; L. 2026, ch. 35)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26%2Fyear1%2Fready_for_publication%2Fhb_2323%2Fhb2323_00_0000.pdf","title":"House Bill 2323, as introduced (insurance licensing disclosure added to K.S.A. 21-6614)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://kjc.ks.gov/home/showpublisheddocument/1654/638624746527670000","title":"Petition for Expungement of Conviction or Diversion (K.S.A. 21-6614), Rev. KSJC 08/2022","publisher":"Kansas Judicial Council","accessed":"2026-10-22"},{"url":"https://www.dgcoks.gov/district-court/clerk-of-the-district-court/getting-an-expungement","title":"Getting an Expungement","publisher":"Douglas County (KS) Clerk of the District Court","accessed":"2026-10-22"},{"url":"https://www.jocogov.org/district-attorney/expungement","title":"Expungement","publisher":"Johnson County (KS) District Attorney's Office","accessed":"2026-10-22"},{"url":"https://www.kansaslegalservices.org/node/facts-about-expungement-kansas","title":"Facts About Expungement in Kansas (last updated August 26, 2026)","publisher":"Kansas Legal Services","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2023_24/bills/hb2655/","title":"HB 2655 (2023-2024 session): automated expungement bill (died)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://ksrevisor.gov/statutes/chapters/ch08/008_002_0144.html","title":"K.S.A. 8-2,144 (driving a commercial motor vehicle under the influence)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/hb2724/","title":"HB 2724 (2025-2026 session): poverty affidavits for expungement docket fees (died)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://www.kansaslegalservices.org/sites/kansaslegalservices.org/files/Expungement_Brochure_2026.pdf","title":"Expungement in Kansas brochure (revised 3/2026)","publisher":"Kansas Legal Services","accessed":"2026-10-22"}]},{"id":"expungement-arrest-records","name":"Expungement of arrest records","type":"expungement","effect":"The person is treated as not having been arrested and may state that they have never been arrested, subject to disclosures the court orders under the statute (K.S.A. 22-2410(d), (g)); record custodians may not disclose the arrest except as the order directs or to the person (§ 22-2410(h)). The court file is separated from other records once the petition is filed (§ 22-2410(b)(2)), and expunged records stay available to the KBI for criminal history and firearm background checks (§ 22-2410(f)). When expungement is granted on the statute's 'interests of justice' ground, the court decides whether the records stay available for listed purposes, such as private detective or security work, admission to practice law, and lottery or gaming jobs (§ 22-2410(c)(4), (e)).","covers":"Arrests in Kansas that did not lead to a conviction, including dismissed charges, not-guilty verdicts, mistaken identity and arrests where no charges were filed.","outcomes":["no_conviction"],"narrow":null,"eligible":["Any person arrested in Kansas may petition the district court (K.S.A. 22-2410(a)(1)).","The court must order expungement if the arrest was due to mistaken identity, a court found no probable cause for the arrest, or the person was found not guilty (§ 22-2410(c)(1)-(3)).","The court must also order it if expungement would serve the interests of justice and the charges were dismissed, or no charges have been or are likely to be filed (§ 22-2410(c)(4)).","If the arrest came from mistaken identity or someone else using the person's identifying information, and the charge was dismissed or not prosecuted, the prosecutor (or the judicial officer who dismissed it) must notify the court and petition for expungement, and the court must order the records expunged and purged from state and federal systems (§ 22-2410(a)(2))."],"not_eligible":["Arrests that led to a conviction or diversion use the conviction and diversion route (K.S.A. 21-6614) instead."],"waiting_periods":[{"record":"Arrest with no conviction","wait":"None","detail":"The statute sets no waiting period; Kansas Legal Services says 'no time limit is required.'"}],"automatic":"no","automatic_detail":"The person must petition, except in mistaken-identity and identity-theft arrests where the charge was dismissed or not prosecuted: there, the prosecutor must file the petition (K.S.A. 22-2410(a)(2)).","how_to_file":["Fill out a Petition for Expungement of Arrest Record (Judicial Council or county form).","File it with the clerk of the district court. If charges were filed, the petition goes in that case; if there was only an arrest, Douglas County files it as a new civil case.","The court sets a hearing and notifies the prosecutor and the arresting law enforcement agency (§ 22-2410(b)(1)).","Attend the hearing if one is held. If granted, the order goes to the KBI and other agencies."],"where":"The district court in the county where you were arrested or charged.","forms":[{"name":"Petition for Expungement of Arrest Record (Douglas County version)","url":"https://www.dgcoks.gov/media/10139"},{"name":"Petition for Expungement under K.S.A. 22-2410: no charge, dismissed, not guilty (Johnson County version)","url":"https://www.jocogov.org/sites/default/files/files/2024-04/6-6Revised%20Petition%20for%20Expungement%20for%20K.S.A.%2022-2410%20no%20charge%2C%20dismissed%2C%20not%20guilty.pdf"},{"name":"Kansas Judicial Council adult expungement forms","url":"https://www.kjc.ks.gov/legal-forms/expungement-adult"}],"cost":{"filing_fee_usd":null,"detail":"No fee or surcharge is charged if you were arrested because you were a victim of identity theft, if the charges were dismissed because a court found no probable cause, if you were found not guilty, or if the charges were dismissed (K.S.A. 22-2410(b)(3)(B)). Otherwise, for example when no charges were filed, the docket fee is $176 plus up to $19 that the Supreme Court may add from July 1, 2026 through June 30, 2030 (§ 22-2410(b)(3)(A), as amended by 2025 HB 2393, L. 2026, ch. 35, effective July 1, 2026). Douglas County and Johnson County list the expungement docket fee as $195.","fee_waiver":"yes","fee_waiver_detail":"Besides the no-fee cases in the statute, Douglas County's clerk says a poverty affidavit may be used in any expungement type, with the judge deciding whether to approve it."},"hearing":"yes","timeline":null,"statute":{"cite":"K.S.A. 22-2410","url":"https://www.ksrevisor.gov/statutes/chapters/ch22/022_024_0010.html"},"sources":[{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26/year2/ready_for_publication/hb_2393/hb2393_enrolled.pdf","title":"House Bill 2393, enrolled (amending K.S.A. 21-6614 and 22-2410; L. 2026, ch. 35)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/li/b2025_26/measures/documents/hb2393_00_0000.pdf","title":"House Bill 2393, as introduced (text of K.S.A. 22-2410)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/statutes/chapters/ch22/022_024_0010.html","title":"K.S.A. 22-2410 (history ends L. 2019, ch. 58; 2026 amendment not yet shown)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://ksrevisor.gov/rpts/2026NewAmendsAndRepealsBillOrder.pdf","title":"2026 Composite Listing of New, Amended and Repealed Statutes (Bill Order)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/rpts/2026NewAmendsAndRepealsKSAOrder.pdf","title":"2026 Composite Listing of New, Amended and Repealed Statutes (K.S.A. Order), August 13, 2026","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.dgcoks.gov/district-court/clerk-of-the-district-court/getting-an-expungement","title":"Getting an Expungement","publisher":"Douglas County (KS) Clerk of the District Court","accessed":"2026-10-22"},{"url":"https://www.jocogov.org/district-attorney/expungement","title":"Expungement","publisher":"Johnson County (KS) District Attorney's Office","accessed":"2026-10-22"},{"url":"https://www.kansaslegalservices.org/node/facts-about-expungement-kansas","title":"Facts About Expungement in Kansas (last updated August 26, 2026)","publisher":"Kansas Legal Services","accessed":"2026-10-22"}]},{"id":"municipal-court-expungement","name":"Expungement of municipal court convictions, diversions and arrests","type":"expungement","effect":"Works like expungement in district court: after the order the person is treated as not having been convicted, diverted or arrested and may say so, with limited cases where the record must still be disclosed, such as applications for law enforcement, private detective, gaming, commercial driver's, concealed-carry and bail enforcement licenses or jobs (K.S.A. 12-4516(i), (k), (l); 12-4516a(d), (e), (g), (h)).","covers":"Convictions, diversions and arrests for violating a city ordinance, handled in a municipal court.","outcomes":["no_conviction","diversion","misdemeanor"],"narrow":"City ordinance cases in municipal court","eligible":["A person convicted of violating a city ordinance may petition the convicting court once 3 years have passed since they satisfied the sentence or were discharged from probation, parole or a suspended sentence (K.S.A. 12-4516(a)(1)).","A completed diversion for a city ordinance violation, 3 years after its terms were fulfilled (§ 12-4516(a)(2)).","Some offenses need 5 years: city ordinance violations that would also be vehicular homicide, driving while your license is canceled, suspended or revoked, perjury connected to a license application, a fraudulent license application, a felony in which a motor vehicle was used, leaving the scene of an accident, driving without required liability insurance, or a violation of K.S.A. 21-3405b (§ 12-4516(d)). A city DUI equal to a first violation of K.S.A. 8-1567 needs 5 years and a second or later one needs 10 years (§ 12-4516(e)).","A city prostitution or K.S.A. 21-6419-type violation, or a diversion for it, 1 year after the sentence, diversion or supervision ended, if the person can prove they were acting under coercion caused by someone else (§ 12-4516(c)).","A conviction or diversion under a city ordinance that K.S.A. 12-16,134(a) or (b) now prohibits and that was adopted before July 1, 2014, with no waiting period stated (§ 12-4516(b)).","The court must order expungement if the person has not been convicted of a felony in the past two years and no such case is pending, their circumstances and behavior warrant it, and it is consistent with the public welfare (§ 12-4516(h)).","Anyone arrested for violating a city ordinance may petition to expunge the arrest; the court must grant it for mistaken identity, no probable cause, a not-guilty finding, an arrest under an ordinance K.S.A. 12-16,134(a) or (b) prohibits that was adopted before July 1, 2014, or when it serves the interests of justice and the charges were dismissed or are not likely to be filed (K.S.A. 12-4516a(a), (c))."],"not_eligible":["City ordinance violations that would also be driving a commercial motor vehicle under the influence (K.S.A. 8-2,144), including diversions for them (§ 12-4516(f)). That is the only offense the municipal statute bars outright; the longer never-expungeable list in K.S.A. 21-6614(e) applies to district court cases.","Anyone convicted of a felony in the past two years, or with such a case pending or being brought (§ 12-4516(h)(1))."],"waiting_periods":[{"record":"Most municipal ordinance convictions and diversions","wait":"3 years","detail":"From when the sentence was satisfied, supervision ended or the diversion terms were fulfilled (K.S.A. 12-4516(a))."},{"record":"Listed driving offenses (such as driving while suspended) and first city DUI","wait":"5 years","detail":"§ 12-4516(d), (e)(1)."},{"record":"Second or later city DUI","wait":"10 years","detail":"§ 12-4516(e)(2). The DUI waits apply to violations committed on or after July 1, 2006 (§ 12-4516(e)(3))."},{"record":"City prostitution or K.S.A. 21-6419-type violation committed under coercion","wait":"1 year","detail":"The person must prove they were acting under coercion caused by someone else (§ 12-4516(c))."},{"record":"Ordinance now prohibited by K.S.A. 12-16,134(a) or (b), adopted before July 1, 2014","wait":"None stated","detail":"§ 12-4516(b); § 12-4516a(c)(4) for arrests."},{"record":"Municipal arrest with no conviction","wait":"None","detail":"K.S.A. 12-4516a sets no waiting period."}],"automatic":"no","automatic_detail":null,"how_to_file":["Ask the municipal court clerk about forms. Salina's municipal court says no specific form is required and offers sample forms; the petition must include the information the statute lists (§ 12-4516(g)(1); 12-4516a(b)).","File the petition with the municipal court that handled the case and pay the fee that court sets (Salina charges $75). The municipal statutes don't mention a poverty affidavit, so ask the clerk whether the court will waive the fee.","The court sets a hearing and notifies the prosecutor and the arresting agency (§ 12-4516(g)(1); 12-4516a(b)). Bring a proposed order for expungement if the court asks for one; Salina's judge signs the order at the hearing if the petition is granted."],"where":"The municipal court that handled the case.","forms":[],"cost":{"filing_fee_usd":null,"detail":"Each municipal court may set its own fee (K.S.A. 12-4516(g)(2), 12-4516a(b)); Salina's municipal court charges $75, paid when you file and not refunded if you don't qualify. No fee may be charged for a municipal arrest-record petition by someone arrested because they were a victim of identity theft (§ 12-4516a(b)).","fee_waiver":"not_stated","fee_waiver_detail":"The municipal expungement statutes don't mention poverty affidavits or fee waivers, and Salina's page doesn't either. A 2026 bill that would have let municipal judges waive the fee on a poverty affidavit (HB 2655) died. Ask the court clerk."},"hearing":"yes","timeline":null,"statute":{"cite":"K.S.A. 12-4516, 12-4516a","url":"https://www.ksrevisor.gov/statutes/chapters/ch12/012_045_0016.html"},"sources":[{"url":"https://www.ksrevisor.gov/statutes/chapters/ch12/012_045_0016.html","title":"K.S.A. 12-4516 (municipal expungement of convictions and diversions; history ends L. 2018, ch. 106)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/statutes/chapters/ch12/012_045_0016a.html","title":"K.S.A. 12-4516a (expungement of municipal arrest records; history ends L. 2015, ch. 100)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.salina-ks.gov/expungement","title":"Expungement","publisher":"City of Salina (KS) Municipal Court","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/hb2655/","title":"HB 2655 (2025-2026 session): municipal specialty courts and expungement fee waivers (died)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://ksrevisor.gov/rpts/2026NewAmendsAndRepealsBillOrder.pdf","title":"2026 Composite Listing of New, Amended and Repealed Statutes (Bill Order)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/rpts/2026NewAmendsAndRepealsKSAOrder.pdf","title":"2026 Composite Listing of New, Amended and Repealed Statutes (K.S.A. Order), August 13, 2026","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"}]}],"clean_slate":{"status":"none","effective":null,"detail":"Kansas has no Clean Slate law and does not clear records automatically; every expungement needs a petition (K.S.A. 21-6614, 22-2410). A bill to require automated expungement (HB 2655, 2023-2024 session) died. The 2026 session changed expungement law only to renew the court staff surcharge and add an insurance licensing disclosure, effective July 1, 2026 (2026 composite listings of amended statutes); 2026 bills on municipal specialty-court expungement and fee waivers (HB 2655 and HB 2724, 2025-2026 session) died.","sources":[{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26%2Fyear2%2Fready_for_publication%2Fsb_430%2Fsb430_enrolled.pdf","title":"Senate Bill 430 (2026), enrolled: reconciled text of K.S.A. 21-6614 (L. 2026, ch. 157)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2023_24/bills/hb2655/","title":"HB 2655 (2023-2024 session): automated expungement bill (died)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://ksrevisor.gov/rpts/2026NewAmendsAndRepealsBillOrder.pdf","title":"2026 Composite Listing of New, Amended and Repealed Statutes (Bill Order)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/rpts/2026NewAmendsAndRepealsKSAOrder.pdf","title":"2026 Composite Listing of New, Amended and Repealed Statutes (K.S.A. Order), August 13, 2026","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/hb2655/","title":"HB 2655 (2025-2026 session): municipal specialty courts and expungement fee waivers (died)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/hb2724/","title":"HB 2724 (2025-2026 session): poverty affidavits for expungement docket fees (died)","publisher":"Kansas Legislature","accessed":"2026-10-22"}]},"marijuana":{"detail":"We found no Kansas law with its own clearing route for marijuana offenses. Marijuana convictions follow the general rules: a misdemeanor can be expunged 3 years after the sentence is complete, and drug felonies after 3 or 5 years depending on severity level (K.S.A. 21-6614(a)(1), (c)). City ordinance marijuana convictions follow the municipal rules (K.S.A. 12-4516).","sources":[{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26%2Fyear2%2Fready_for_publication%2Fsb_430%2Fsb430_enrolled.pdf","title":"Senate Bill 430 (2026), enrolled: reconciled text of K.S.A. 21-6614 (L. 2026, ch. 157)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/statutes/chapters/ch12/012_045_0016.html","title":"K.S.A. 12-4516 (municipal expungement of convictions and diversions; history ends L. 2018, ch. 106)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Arrests that didn't lead to a conviction are expunged by petition under K.S.A. 22-2410, with no waiting period. The court must grant it for mistaken identity, no probable cause or a not-guilty verdict, or when charges were dismissed or are not likely to be filed and expungement serves the interests of justice. There is no fee if the charges were dismissed or you were found not guilty. Completed diversions are not covered here; they use K.S.A. 21-6614 after 3 years (5 years for a DUI diversion).","sources":[{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26/year2/ready_for_publication/hb_2393/hb2393_enrolled.pdf","title":"House Bill 2393, enrolled (amending K.S.A. 21-6614 and 22-2410; L. 2026, ch. 35)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26%2Fyear2%2Fready_for_publication%2Fsb_430%2Fsb430_enrolled.pdf","title":"Senate Bill 430 (2026), enrolled: reconciled text of K.S.A. 21-6614 (L. 2026, ch. 157)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://www.kansaslegalservices.org/node/facts-about-expungement-kansas","title":"Facts About Expungement in Kansas (last updated August 26, 2026)","publisher":"Kansas Legal Services","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"Most DUI convictions and diversions can be expunged: a first DUI under K.S.A. 8-1567 (including a diversion) 5 years after the sentence or diversion was completed, and a second or later DUI after 10 years (K.S.A. 21-6614(d)). The 10-year rule doesn't apply to violations committed from July 1, 2014 through June 30, 2015 (§ 21-6614(d)(2)). DUI-related offenses on the 5-year list include vehicular homicide and any felony in which a motor vehicle was used (§ 21-6614(c)). Driving a commercial motor vehicle under the influence (K.S.A. 8-2,144) can never be expunged, including a diversion for it, and neither can involuntary manslaughter (§ 21-6614(e)). An expunged record must still be disclosed on an application for a commercial driver's license (§ 21-6614(i)(2)(F)). City DUI cases follow the same 5- and 10-year waits in municipal court, without the 2014-2015 exception, and a city violation equal to commercial-vehicle DUI can't be expunged (K.S.A. 12-4516(e), (f)). We did not confirm how expungement affects Kansas driving records.","sources":[{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26%2Fyear2%2Fready_for_publication%2Fsb_430%2Fsb430_enrolled.pdf","title":"Senate Bill 430 (2026), enrolled: reconciled text of K.S.A. 21-6614 (L. 2026, ch. 157)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/statutes/chapters/ch21/021_066_0014.html","title":"K.S.A. 21-6614 (history note ends L. 2023, ch. 91; 2026 amendments not yet shown)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://ksrevisor.gov/statutes/chapters/ch08/008_002_0144.html","title":"K.S.A. 8-2,144 (driving a commercial motor vehicle under the influence)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/statutes/chapters/ch12/012_045_0016.html","title":"K.S.A. 12-4516 (municipal expungement of convictions and diversions; history ends L. 2018, ch. 106)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"}]},"employers":{"detail":"After expungement, a person may state that they have never been arrested, convicted or diverted of the crime (K.S.A. 21-6614(k)(1); 22-2410(g)), except on applications for the jobs and licenses listed in § 21-6614(i)(2): private detective or security work, certain state institution jobs, law practice, Kansas Lottery and racing or gaming, tribal and state gaming, commercial driver's licenses, broker-dealer and investment adviser registration, law enforcement and bail enforcement, and, since July 1, 2026, insurance producer and public adjuster licenses when the record involves a fraudulent insurance act. Under K.S.A. 22-4710, an employer may require an applicant to sign a release giving it access to their criminal history record to decide fitness for employment, may not require a person to inspect or challenge their own record to qualify for a job, and is not liable for an employment decision based on criminal history information that reasonably bears on the person's trustworthiness. We did not find a Kansas statute limiting when private employers may ask about criminal records.","sources":[{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26%2Fyear2%2Fready_for_publication%2Fsb_430%2Fsb430_enrolled.pdf","title":"Senate Bill 430 (2026), enrolled: reconciled text of K.S.A. 21-6614 (L. 2026, ch. 157)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26/year2/ready_for_publication/hb_2393/hb2393_enrolled.pdf","title":"House Bill 2393, enrolled (amending K.S.A. 21-6614 and 22-2410; L. 2026, ch. 35)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://ksrevisor.gov/statutes/chapters/ch22/022_047_0010.html","title":"K.S.A. 22-4710 (criminal history record information; employers)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://ksrevisor.gov/rpts/2026NewAmendsAndRepealsBillOrder.pdf","title":"2026 Composite Listing of New, Amended and Repealed Statutes (Bill Order)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"}]},"free_help":[{"name":"Kansas Legal Services: Facts About Expungement in Kansas","url":"https://www.kansaslegalservices.org/node/facts-about-expungement-kansas","type":"legal_aid","detail":"Statewide legal aid explainer with waiting-period charts; KLS may offer free help with expungement to people who qualify."},{"name":"Kansas Judicial Council: Expungement (Adult) forms","url":"https://www.kjc.ks.gov/legal-forms/expungement-adult","type":"court_self_help","detail":"Official statewide petition and order forms for expungement, some in Spanish and Vietnamese."},{"name":"Douglas County Clerk of the District Court: Getting an Expungement","url":"https://www.dgcoks.gov/district-court/clerk-of-the-district-court/getting-an-expungement","type":"court_self_help","detail":"Step-by-step filing instructions, county forms and the poverty affidavit link; useful as a model even outside Douglas County."}],"sources":[{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26%2Fyear2%2Fready_for_publication%2Fsb_430%2Fsb430_enrolled.pdf","title":"Senate Bill 430 (2026), enrolled: reconciled text of K.S.A. 21-6614 (L. 2026, ch. 157)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/statutes/chapters/ch21/021_066_0014.html","title":"K.S.A. 21-6614 (history note ends L. 2023, ch. 91; 2026 amendments not yet shown)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/li/s/statute/021_000_0000_chapter/021_066_0000_article/021_066_0014_section/021_066_0014_k.pdf","title":"K.S.A. 21-6614 (2023 Kansas Statutes)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://ksrevisor.gov/rpts/2026NewAmendsAndRepealsBillOrder.pdf","title":"2026 Composite Listing of New, Amended and Repealed Statutes (Bill Order)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/rpts/2026NewAmendsAndRepealsKSAOrder.pdf","title":"2026 Composite Listing of New, Amended and Repealed Statutes (K.S.A. Order), August 13, 2026","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26/year2/ready_for_publication/hb_2393/hb2393_enrolled.pdf","title":"House Bill 2393, enrolled (amending K.S.A. 21-6614 and 22-2410; L. 2026, ch. 35)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/hb2393/","title":"HB 2393 bill page (title and status)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/download/?apn=b2025_26%2Fyear1%2Fready_for_publication%2Fhb_2323%2Fhb2323_00_0000.pdf","title":"House Bill 2323, as introduced (insurance licensing disclosure added to K.S.A. 21-6614)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/statutes/chapters/ch22/022_024_0010.html","title":"K.S.A. 22-2410 (history ends L. 2019, ch. 58; 2026 amendment not yet shown)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://kjc.ks.gov/home/showpublisheddocument/1654/638624746527670000","title":"Petition for Expungement of Conviction or Diversion (K.S.A. 21-6614), Rev. KSJC 08/2022","publisher":"Kansas Judicial Council","accessed":"2026-10-22"},{"url":"https://www.kjc.ks.gov/legal-forms/expungement-adult","title":"Legal Forms: Expungement (Adult)","publisher":"Kansas Judicial Council","accessed":"2026-10-22"},{"url":"https://www.dgcoks.gov/district-court/clerk-of-the-district-court/getting-an-expungement","title":"Getting an Expungement","publisher":"Douglas County (KS) Clerk of the District Court","accessed":"2026-10-22"},{"url":"https://www.jocogov.org/district-attorney/expungement","title":"Expungement","publisher":"Johnson County (KS) District Attorney's Office","accessed":"2026-10-22"},{"url":"https://www.kansaslegalservices.org/node/facts-about-expungement-kansas","title":"Facts About Expungement in Kansas (last updated August 26, 2026)","publisher":"Kansas Legal Services","accessed":"2026-10-22"},{"url":"https://www.kansaslegalservices.org/sites/kansaslegalservices.org/files/Expungement_Brochure_2026.pdf","title":"Expungement in Kansas brochure (revised 3/2026)","publisher":"Kansas Legal Services","accessed":"2026-10-22"},{"url":"https://www.salina-ks.gov/expungement","title":"Expungement","publisher":"City of Salina (KS) Municipal Court","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/statutes/chapters/ch12/012_045_0016a.html","title":"K.S.A. 12-4516a (expungement of municipal arrest records; history ends L. 2015, ch. 100)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.ksrevisor.gov/statutes/chapters/ch12/012_045_0016.html","title":"K.S.A. 12-4516 (municipal expungement of convictions and diversions; history ends L. 2018, ch. 106)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.kslegislature.gov/li/b2025_26/measures/documents/hb2724_00_0000.pdf","title":"House Bill 2724 (2026), as introduced (docket fees and poverty affidavits in expungement cases)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://ksrevisor.gov/statutes/chapters/ch22/022_047_0010.html","title":"K.S.A. 22-4710 (criminal history record information; employers)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://ksrevisor.gov/statutes/chapters/ch08/008_002_0144.html","title":"K.S.A. 8-2,144 (driving a commercial motor vehicle under the influence)","publisher":"Kansas Office of Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2023_24/bills/hb2655/","title":"HB 2655 (2023-2024 session): automated expungement bill (died)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/hb2655/","title":"HB 2655 (2025-2026 session): municipal specialty courts and expungement fee waivers (died)","publisher":"Kansas Legislature","accessed":"2026-10-22"},{"url":"https://kslegislature.gov/b2025_26/bills/hb2724/","title":"HB 2724 (2025-2026 session): poverty affidavits for expungement docket fees (died)","publisher":"Kansas Legislature","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"kentucky","code":"KY","name":"Kentucky","terms":["expungement","vacate and expunge","void and seal","dismissed-diverted"],"summary":"Kentucky lets people expunge most misdemeanors and most Class D felonies (the lowest felony class) by petition, generally 5 years after the sentence is finished and with no new convictions in the past 5 years. Acquittals and charges dismissed with prejudice since July 15, 2020 are expunged automatically after 30 days, and other dismissals can be expunged by a free petition. Convictions are never cleared automatically. A felony expungement costs $340 in all, and a court can waive the court fees, but not the $40 eligibility certificate, for people who can't afford them.","remedies":[{"id":"felony-expungement","name":"Felony expungement (vacate and expunge)","type":"expungement","effect":"The court vacates the conviction and dismisses the charges with prejudice. Once the fees are paid, the court and other agencies delete the records from their computer systems so the case does not appear on official state background checks, and they reply to any inquiry that no record exists. You do not have to disclose the expunged record on an application for employment, credit or anything else, and if nothing else bars you, your right to vote is restored (KRS 431.073(5), (7)). The prosecutor may keep a nonpublic record for law enforcement purposes only, and the order is not a finding of innocence (KRS 431.073(4)(c), (8)). The Administrative Office of the Courts keeps an index of expungement orders that is open only to people preparing future eligibility certificates and to the Kentucky Law Enforcement Council when it checks police officer qualifications (KRS 431.074).","covers":"Most Class D felonies, and any conviction for which the governor granted a full pardon.","outcomes":["felony"],"narrow":null,"eligible":["A Class D felony on the statute's list, or a series of listed Class D felonies from a single incident. The list includes theft offenses, receiving stolen property, third-degree burglary, first-degree criminal mischief, second-degree forgery, possession of a controlled substance, marijuana cultivation, drug paraphernalia, identity theft, tampering with physical evidence and flagrant nonsupport (KRS 431.073(1)(a)-(b); Kentucky AOC list).","Any other Class D felony, or an offense before January 1, 1975 punishable by no more than 5 years, unless it is excluded below. Several such felonies can be expunged together (KRS 431.073(1)(d)). For this route, if the prosecutor objects, you or your lawyer must attend a hearing where you must prove by clear and convincing evidence that expungement fits public safety, your behavior since the conviction and the interests of justice, and the court must find you are rehabilitated and pose no significant threat of reoffending (KRS 431.073(4)-(5)).","Any conviction for which you received a full pardon from the governor (KRS 431.073(1)(c)). The DPA says this covers all classes of misdemeanors and felonies.","You have no felony or misdemeanor conviction in the 5 years before you file, and no felony or misdemeanor case is pending or being brought against you (KRS 431.073(5)(a)-(b)).","Starting April 30, 2027, the new Class D felony of making a false statement or entry in records required under Kentucky's virtual currency kiosk law (KRS 286.13-150) will be added to the list. The separate Class C felony for running an unlicensed kiosk business is not added (2026 Ky. Acts ch. 126, secs. 29, 31 and 34)."],"not_eligible":["Class C, B and A felonies and capital offenses, unless you have a full pardon (KRS 431.073(1); DPA).","Under the general Class D route: DUI (KRS 189A.010), felony fourth-degree assault (KRS 508.032), impersonating a peace officer (KRS 519.055), abuse of public office, sex offenses, offenses committed against a child, and offenses that caused serious bodily injury or death (KRS 431.073(1)(d)).","Anyone convicted of a felony or misdemeanor in the 5 years before filing, or with a pending case (KRS 431.073(5))."],"waiting_periods":[{"record":"Class D felony or pardoned conviction","wait":"5 years after you complete the sentence, or 5 years after you successfully complete probation or parole, whichever is later","detail":"You also need 5 years with no new felony or misdemeanor conviction before filing (KRS 431.073(2)(a), (5)(a))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get an expungement eligibility certificate from the Administrative Office of the Courts and Kentucky State Police for $40, online, at the AOC drive-thru window in Frankfort, or by mail with form AOC-RU-009. The certificate is valid for 30 days. If it says you are not eligible, you can still file, because only a judge decides (Kentucky AOC; DPA).","Within 30 days, file the Application to Vacate and Expunge Felony Conviction (AOC-496.3) with the certificate and the $50 filing fee at the Circuit Court clerk's office in the county where you were convicted. It is filed as a motion in the original criminal case. List every agency that may have records. If you can't afford the fees, also file AOC-026, Motion for Waiver of Costs and Fees.","The clerk notifies the prosecutor, who has 60 days to respond. If the prosecutor doesn't object, or doesn't respond within 120 days, the court may grant the application without a hearing (KRS 431.073(2), (6)).","If the prosecutor objects, the court holds a hearing, and any victim may be heard (KRS 431.073(3)-(4)).","If granted, pay the $250 expungement fee, in installments if needed. The expungement is not final, and the record stays public, until it is paid in full (KRS 431.073(7), (11); DPA)."],"where":"The Circuit Court clerk in the county where you were convicted, as a motion in the original criminal case.","forms":[{"name":"AOC-496.3, Application to Vacate and Expunge Felony Conviction","url":"https://www.kycourts.gov/Legal-Forms/Legal%20Forms/496.3.pdf"},{"name":"AOC-RU-009, Expungement Certification Request (mail-in)","url":"https://www.kycourts.gov/Legal-Forms/Legal%20Forms/RU-009.pdf"},{"name":"AOC-026, Motion for Waiver of Costs and Fees (in forma pauperis)","url":"https://www.kycourts.gov/Legal-Forms/Legal%20Forms/026.pdf"}],"cost":{"filing_fee_usd":50,"detail":"$40 for the eligibility certificate (AppalReD says online requests add $2.50), a $50 non-refundable filing fee, and a $250 expungement fee if the court grants the application, for $340 in total. The $250 can be paid in installments; the court sets a payment deadline at least 18 months out, and no one can be jailed for failing to finish the plan (KRS 431.073(10)-(11); Kentucky AOC). Convictions in different counties need separate filings and fees, but one certificate can be used for each (DPA).","fee_waiver":"yes","fee_waiver_detail":"File AOC-026, Motion for Waiver of Costs and Fees, with your application. Under KRS 453.190, a court must let a \"poor person\" go forward without paying costs. That means income at or below the Kentucky Supreme Court's indigency scale, or being unable to pay without going without food, shelter or clothing, shown by a motion with your affidavit. In Jones v. Commonwealth, 636 S.W.3d 503 (Ky. 2021), the Kentucky Supreme Court held that this applies to both the $50 filing fee and the $250 expungement fee (DPA). The judge decides whether you qualify. The $40 certificate fee can't be waived (DPA). If the waiver is denied, you have 30 days to pay or appeal (AppalReD)."},"hearing":"sometimes","timeline":"Getting the eligibility certificate takes about 4 to 5 months on average, according to the Kentucky State Police. After you file, the prosecutor has 60 days to respond (this can be extended for good cause), and a hearing is to be held no later than 120 days after filing. For the general Class D route, if the prosecutor objects, the hearing is set within 120 days of the objection (KRS 431.073(2), (4)(a)).","statute":{"cite":"KRS 431.073","url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53904"},"sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53904","title":"KRS 431.073 (effective until April 30, 2027)","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58307","title":"KRS 431.073 (effective April 30, 2027; amended by 2026 Ky. Acts ch. 126)","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54140","title":"KRS 431.074, Index of expungement orders","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49360","title":"KRS 431.079, Certification of eligibility for expungement","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://www.kycourts.gov/AOC/Information-and-Technology/Pages/Expungement.aspx","title":"Expungement Certification Process","publisher":"Kentucky Court of Justice, Administrative Office of the Courts","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/wp-content/uploads/2024/05/Expungement-Guide-May-2024.pdf","title":"Guide to Expungement in Kentucky (The Advocate, 2nd ed., May 2024)","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/wp-content/uploads/2024/07/Expungement-Guidebook-updated-11.30.2023.pdf","title":"Expungement Quick-Reference Guidebook (updated 11/30/2023)","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"},{"url":"https://www.ardfky.org/page/637/expungement-self-help-guide","title":"Expungement Self Help Guide (with packet of AOC forms)","publisher":"AppalReD Legal Aid","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/record/26rs/sb189.html","title":"2026 RS SB 189 (Acts ch. 126): regulation of digital asset business; amends KRS 431.073","publisher":"Kentucky General Assembly","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/acts/26RS/documents/0126.pdf","title":"2026 Ky. Acts ch. 126 (SB 189), secs. 29, 31 and 34 (new Class D and Class C kiosk felonies; KRS 431.073 amendment; effective April 30, 2027)","publisher":"Kentucky General Assembly","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46760","title":"KRS 453.190, \"Poor person\" defined; when allowed to sue without paying costs","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://www.kentuckystatepolice.ky.gov/expungements","title":"Expungements (certification processing time)","publisher":"Kentucky State Police","accessed":"2026-10-22"}]},{"id":"misdemeanor-expungement","name":"Misdemeanor, violation and traffic infraction expungement","type":"expungement","effect":"The proceedings are deemed never to have occurred. The court and other agencies delete the records so the case does not appear on official state background checks, you and the court may reply that no record exists, and you do not have to disclose it on an application for employment, credit or anything else. Afterward, the court lets the records be inspected only at your request (KRS 431.078(6), (9)).","covers":"Misdemeanor, violation and traffic infraction convictions, along with any dismissed or amended charges in the same case.","outcomes":["misdemeanor"],"narrow":null,"eligible":["A misdemeanor, violation or traffic infraction conviction, or a series of them from one incident. If the conditions are met, the court must order the records expunged (KRS 431.078(1)(a), (4)).","A series of misdemeanors, violations or infractions from different incidents; here the court may order expungement (KRS 431.078(1)(b), (5)). The DPA says there is no limit on the number of misdemeanors you can expunge, though each case needs its own petition.","You have no felony or misdemeanor conviction in the 5 years before filing, and no felony or misdemeanor case is pending against you (KRS 431.078(4)(b)-(c)).","The offense can no longer be used to increase the penalty for a later offense: either it isn't subject to enhancement, or the enhancement period has run out (KRS 431.078(4)(d)). For DUI, that period is 10 years (DPA).","Only Kentucky offenses qualify (KRS 431.078(10))."],"not_eligible":["Sex offenses and offenses committed against a child (KRS 431.078(4)(a)).","Convictions still inside an enhancement period. The DPA warns that some misdemeanors, such as trafficking, cultivation and unauthorized use of a motor vehicle, can be enhanced with no time limit, which can block expungement.","Anyone convicted of a felony or misdemeanor in the past 5 years, or with a pending case."],"waiting_periods":[{"record":"Misdemeanor, violation or traffic infraction","wait":"5 years after you complete the sentence or probation, whichever is later","detail":"KRS 431.078(2)."},{"record":"DUI (misdemeanor)","wait":"At least 5 years after the sentence, and until the 10-year DUI enhancement period has run","detail":"KRS 431.078(4)(d); KRS 189A.010(5); DPA."},{"record":"Drug possession conviction voided under KRS 218A.275(8) or 218A.276(8)","wait":"No 5-year wait","detail":"KRS 431.078(2); AOC-496.2."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get the $40 eligibility certificate from the Administrative Office of the Courts (online, drive-thru or mail). It is valid for 30 days.","File the Petition for Expungement (AOC-496.2) with the certificate and the $100 filing fee at the Circuit Court clerk's office in the county where you were convicted. Use a separate petition for each case, list every charge you want expunged, list any victims and agencies, and sign it before a notary or the clerk. If you can't afford the fee, also file AOC-026.","The statute says the court sets a hearing at least 30 days after filing and notifies the county attorney and any victim (KRS 431.078(3)). The DPA says a judge may schedule a hearing, so ask the clerk whether you need to appear.","If granted, copies of the order go to each agency named in it (KRS 431.078(8))."],"where":"The Circuit Court clerk in the county where you were convicted (the petition goes to the court that convicted you).","forms":[{"name":"AOC-496.2, Petition for Expungement (Misdemeanor, Violation, or Traffic Infraction Conviction)","url":"https://www.kycourts.gov/Legal-Forms/Legal%20Forms/496.2.pdf"},{"name":"AOC-RU-009, Expungement Certification Request (mail-in)","url":"https://www.kycourts.gov/Legal-Forms/Legal%20Forms/RU-009.pdf"},{"name":"AOC-026, Motion for Waiver of Costs and Fees (in forma pauperis)","url":"https://www.kycourts.gov/Legal-Forms/Legal%20Forms/026.pdf"}],"cost":{"filing_fee_usd":100,"detail":"$100 filing fee per case, of which the first $50 is non-refundable; the DPA says the other $50 is refunded if the petition isn't granted (KRS 431.078(7)). The eligibility certificate costs another $40.","fee_waiver":"yes","fee_waiver_detail":"File AOC-026, Motion for Waiver of Costs and Fees, with the petition. Under KRS 453.190, a court must let a \"poor person\" go forward without paying costs, and the judge decides whether you qualify (DPA). If the waiver is denied, you have 30 days to pay or appeal (AppalReD). The $40 certificate fee can't be waived (DPA)."},"hearing":"sometimes","timeline":"Getting the eligibility certificate takes about 4 to 5 months on average, according to the Kentucky State Police. Any hearing is set no sooner than 30 days after filing (KRS 431.078(3)).","statute":{"cite":"KRS 431.078","url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45221"},"sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45221","title":"KRS 431.078, Expungement of misdemeanor, violation, and traffic infraction records","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://www.kycourts.gov/Legal-Forms/Legal%20Forms/496.2.pdf","title":"AOC-496.2, Petition for Expungement (Misdemeanor, Violation, or Traffic Infraction Conviction), Rev. 7-16","publisher":"Kentucky Court of Justice","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/kentucky-department-of-public-advocacy/findhelp/expungement/","title":"Expungement (Clean Slate Kentucky)","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/wp-content/uploads/2024/05/Expungement-Guide-May-2024.pdf","title":"Guide to Expungement in Kentucky (May 2024)","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/wp-content/uploads/2024/07/Expungement-Guidebook-updated-11.30.2023.pdf","title":"Expungement Quick-Reference Guidebook (updated 11/30/2023)","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"},{"url":"https://www.kycourts.gov/AOC/Information-and-Technology/Pages/Expungement.aspx","title":"Expungement Certification Process","publisher":"Kentucky Court of Justice, Administrative Office of the Courts","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46760","title":"KRS 453.190, \"Poor person\" defined; when allowed to sue without paying costs","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://www.ardfky.org/page/637/expungement-self-help-guide","title":"Expungement Self Help Guide (with packet of AOC forms)","publisher":"AppalReD Legal Aid","accessed":"2026-10-22"},{"url":"https://www.kentuckystatepolice.ky.gov/expungements","title":"Expungements (certification processing time)","publisher":"Kentucky State Police","accessed":"2026-10-22"}]},{"id":"non-conviction-expungement","name":"Expungement of acquittals, dismissals and charges not indicted","type":"expungement","effect":"All criminal records held by the court and other agencies, including law enforcement, are expunged, except records held by the Department for Community Based Services. The proceedings are deemed never to have occurred, official state background checks show no record, agencies reply that no record exists, and you do not have to disclose the case on an application for employment, credit or anything else (KRS 431.076(4), (6)). Agencies must certify within 60 days that they have expunged their records.","covers":"Acquittals, charges dismissed (not in exchange for a guilty plea to another charge), and felony charges in District Court that never led to an indictment.","outcomes":["no_conviction"],"narrow":null,"eligible":["Acquittals, and dismissals with prejudice of all charges in a case, entered on or after July 15, 2020: the court orders the records expunged automatically after 30 days unless you object (KRS 431.076(1)(a)).","Acquittals and dismissals (not in exchange for a guilty plea to another charge) that weren't expunged automatically, including older cases: petition the court that decided the case; if the petition is properly brought, the court must grant it (KRS 431.076(1)(b), (3)(a)).","Felony charges filed in District Court that have not led to an indictment or information: petition the District Court 6 months after the case was held to the grand jury. If the prosecutor doesn't respond within 90 days, or no indictment issues within 90 days after a response, the court dismisses the charges without prejudice and orders them expunged (KRS 431.076(1)(c), (3)(b))."],"not_eligible":["Charges dismissed in exchange for a guilty plea to another charge (KRS 431.076(1)).","Traffic infractions not classified as misdemeanors are excluded from automatic expungement (KRS 431.076(1)(a)); the AOC says traffic cases are excluded from its automatic process.","Records held by the Department for Community Based Services are not expunged under this section (KRS 431.076(4))."],"waiting_periods":[{"record":"Acquittal or dismissal with prejudice on or after July 15, 2020","wait":"Automatic after 30 days","detail":"You can object in writing within 30 days if you don't want it expunged (Kentucky AOC)."},{"record":"Acquittal or dismissal with prejudice not expunged automatically","wait":"60 days after the acquittal or dismissal","detail":"KRS 431.076(2)(a)."},{"record":"Misdemeanor charge dismissed without prejudice","wait":"1 year after the dismissal","detail":"KRS 431.076(2)(c)."},{"record":"Felony charge dismissed without prejudice","wait":"3 years after the dismissal","detail":"KRS 431.076(2)(c)."},{"record":"Felony charge in District Court never indicted","wait":"6 months after the District Court held the case for the grand jury","detail":"KRS 431.076(2)(b)."}],"automatic":"some","automatic_detail":"Since July 15, 2020, acquittals and dismissals with prejudice of all charges in a case are expunged automatically 30 days later, with no action needed from you. The order goes to you or your lawyer, the county or Commonwealth's attorney, the Kentucky State Police, the arresting agency and the local jail; if another agency needs it, tell the court within 60 days. The Kentucky State Police notifies federal agencies (KRS 431.076(1)(a); Kentucky AOC). Other dismissals and older cases need a petition.","how_to_file":["If your case should have been expunged automatically but wasn't, or it is an older case or a dismissal without prejudice, file AOC-497.2, Petition for Expungement (For Acquittal, Dismissal, or Failure to Indict), in the court that decided the case. Use one petition per case and list every agency that may have records.","No eligibility certificate and no filing fee are needed (DPA; Kentucky AOC).","For felony charges that were never indicted, the petition is served on the county and Commonwealth's attorneys, who have 90 days to respond (KRS 431.076(3)(b))."],"where":"The court where the case was decided (District or Circuit Court), through the Circuit Court clerk.","forms":[{"name":"AOC-497.2, Petition for Expungement (For Acquittal, Dismissal, or Failure to Indict)","url":"https://www.kycourts.gov/Legal-Forms/Legal%20Forms/497.2.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No filing fee and no eligibility certificate (DPA; Kentucky AOC).","fee_waiver":"not_stated","fee_waiver_detail":"No fee is charged, so no waiver is needed."},"hearing":"not_stated","timeline":"Automatic expungement happens 30 days after the acquittal or dismissal; agencies must certify within 60 days of the order that they have expunged their records (KRS 431.076(1)(a), (4)).","statute":{"cite":"KRS 431.076","url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50191"},"sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50191","title":"KRS 431.076, Expungement of records for acquittals, dismissals and charges not indicted","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://www.kycourts.gov/AOC/Information-and-Technology/Pages/Expungement.aspx","title":"Expungement Certification Process (Auto Expungement section)","publisher":"Kentucky Court of Justice, Administrative Office of the Courts","accessed":"2026-10-22"},{"url":"https://www.kycourts.gov/Legal-Forms/Legal%20Forms/497.2.pdf","title":"AOC-497.2, Petition for Expungement (For Acquittal, Dismissal, or Failure to Indict), Rev. 7-20","publisher":"Kentucky Court of Justice","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/kentucky-department-of-public-advocacy/findhelp/expungement/","title":"Expungement (Clean Slate Kentucky)","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"}]},{"id":"void-and-seal-drug-possession","name":"Voiding and sealing of drug possession convictions","type":"set_aside","effect":"The court sets aside and voids the conviction and issues a certificate saying so. The voided conviction doesn't count as a conviction for legal disqualifications or disabilities, and the court orders all records sealed, including law enforcement records (except as KRS 27A.099 allows). Agencies then reply that no record exists, and you do not have to disclose the case on an application for employment, credit or anything else (KRS 218A.275(8)-(10); KRS 218A.276(8)-(10)). A voided conviction can then be expunged under KRS 431.078 without the usual 5-year wait (KRS 431.078(2)).","covers":"A first conviction for possession of a controlled substance, and convictions for possession of marijuana, synthetic drugs or salvia.","outcomes":["misdemeanor","felony"],"narrow":"Drug possession convictions only","eligible":["A first-time conviction for possession of a controlled substance in the first, second or third degree (KRS 218A.1415, 218A.1416, 218A.1417), after you satisfactorily complete treatment, probation or another sentence. The court may void it, and this can happen only once (KRS 218A.275(8)).","A conviction for possession of marijuana (KRS 218A.1422), synthetic drugs (KRS 218A.1430) or salvia (KRS 218A.1451), after you satisfactorily complete treatment, probation or another sentence; the court may void it (KRS 218A.276(8))."],"not_eligible":["A second voiding of a controlled-substance possession conviction (KRS 218A.275(8)).","Anyone who previously had a possession charge dismissed after deferred prosecution under KRS 218A.14151 (KRS 218A.275(12))."],"waiting_periods":[{"record":"Eligible drug possession conviction","wait":"After you complete treatment, probation or the sentence","detail":"Voiding is up to the court. After it is voided, an expungement petition under KRS 431.078 has no 5-year wait."}],"automatic":"no","automatic_detail":null,"how_to_file":["Ask the court that sentenced you to void the conviction after you complete treatment, probation or the sentence; the DPA calls this the void and seal process.","If the court voids the conviction, it orders the records sealed on an AOC form, and agencies must certify within 60 days that they have sealed them (KRS 218A.275(9); KRS 218A.276(9)).","To have the records expunged as well, file AOC-496.2 and check the box for a conviction voided under KRS 218A.275(8) or 218A.276(8)."],"where":"The court that sentenced you.","forms":[{"name":"AOC-496.2, Petition for Expungement (includes voided possession convictions)","url":"https://www.kycourts.gov/Legal-Forms/Legal%20Forms/496.2.pdf"}],"cost":{"filing_fee_usd":null,"detail":"We found no separate fee for voiding. A later expungement petition under KRS 431.078 costs $100 plus the $40 certificate.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":"Agencies must certify sealing within 60 days of the order (KRS 218A.275(9); KRS 218A.276(9)).","statute":{"cite":"KRS 218A.275(8)-(12); KRS 218A.276(8)-(11)","url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40910"},"sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40910","title":"KRS 218A.275, First-offense possession of a controlled substance: voiding of conviction and sealing of records","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40034","title":"KRS 218A.276, Possession of marijuana, synthetic drugs or salvia: voiding of conviction and sealing of records","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45221","title":"KRS 431.078(2)","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/wp-content/uploads/2024/05/Expungement-Guide-May-2024.pdf","title":"Guide to Expungement in Kentucky (May 2024), Alternate Paths section","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"}]},{"id":"human-trafficking-expungement","name":"Expungement for human trafficking survivors","type":"expungement","effect":"All records of the offense are expunged under the general expungement statutes. A court finding that your participation resulted from being trafficked counts as a dismissal with prejudice for expungement purposes (KRS 529.160(3)).","covers":"Prostitution-related charges or convictions, and other non-violent charges or convictions, that were a direct result of being a victim of human trafficking.","outcomes":["no_conviction","misdemeanor","felony"],"narrow":"Human trafficking survivors only","eligible":["You were charged with or convicted of a prostitution-related offense under KRS Chapter 529, or of an offense that is not a violent crime under KRS 17.165, and the court finds your participation was a direct result of being a victim of human trafficking (KRS 529.160(1)).","No official determination or documentation is required, but documentation from a federal, state, local or tribal government agency showing you were a victim at the time creates a presumption in your favor (KRS 529.160(3)(c))."],"not_eligible":["Violent crimes as defined in KRS 17.165 (KRS 529.160(1))."],"waiting_periods":[{"record":"Charge or conviction resulting from trafficking","wait":"60 days after the final judgment","detail":"KRS 529.160(2)."}],"automatic":"no","automatic_detail":null,"how_to_file":["File a motion to expunge in the court where the charges were filed. The motion, any hearing and any relief follow KRS 431.076, 431.078 and 431.079 unless KRS 529.160 says otherwise (KRS 529.160(3)(a))."],"where":"The court where the charges were filed.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The statute applies the general expungement rules (KRS 431.076, 431.078 and 431.079). Because a finding counts as a dismissal with prejudice, the no-fee route for dismissals may apply, but KRS 431.079 requires an eligibility certificate (which costs $40) with any petition to expunge a conviction. We found no official guidance on fees for this motion.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"KRS 529.160","url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43287"},"sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43287","title":"KRS 529.160, Expungement when the person was a victim of human trafficking","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49360","title":"KRS 431.079, Certification of eligibility for expungement","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"}]},{"id":"pretrial-diversion-dismissal","name":"Pretrial diversion (dismissed-diverted)","type":"dismissal","effect":"When you complete a pretrial diversion agreement, the charges are listed as \"dismissed-diverted\" and are not a criminal conviction. You do not have to list the disposition on any application for employment, licensure or anything else unless federal law requires it, and diversion records can't be used as evidence in court without your consent (KRS 533.258). The records are not destroyed by this alone.","covers":"Class D felony charges resolved through a pretrial diversion agreement.","outcomes":["diversion"],"narrow":null,"eligible":["People charged with a Class D felony who, in the 10 years before the offense, were not convicted of a felony, on probation or parole, or released from a felony sentence (KRS 533.250(1)(a)).","You must enter an Alford plea or a guilty plea as a condition of diversion, and you can't receive pretrial diversion more than once in 5 years (KRS 533.250(1)(c), (f)).","The Commonwealth's attorney makes a recommendation and the court approves or disapproves (KRS 533.250(6))."],"not_eligible":["Sex crimes as defined in KRS 17.500, and offenses for which probation, parole or conditional discharge is barred by KRS 532.045 (KRS 533.250(1)(b), (d))."],"waiting_periods":[{"record":"Completed pretrial diversion","wait":"None; the dismissal happens when you complete the agreement","detail":null}],"automatic":"yes","automatic_detail":"Completing the diversion agreement leads to the \"dismissed-diverted\" listing without a separate petition (KRS 533.258(1)). We found no official source saying whether a dismissed-diverted case can then be expunged under KRS 431.076, and the AOC's petition form for dismissals (AOC-497.2) doesn't mention diverted cases, so ask a DPA or legal aid lawyer.","how_to_file":["Apply in writing to the trial court and the Commonwealth's attorney for pretrial diversion while the felony charge is pending (KRS 533.250(1)(e)), usually through your lawyer.","Complete every condition of the agreement. The court assesses a supervision fee, which can be waived for indigency (KRS 533.250(7))."],"where":"The Circuit Court handling the felony charge.","forms":[],"cost":{"filing_fee_usd":null,"detail":"A diversion supervision fee set by the court, which may be based on ability to pay (KRS 533.250(7)).","fee_waiver":"yes","fee_waiver_detail":"The court may waive the supervision fee for indigency (KRS 533.250(7))."},"hearing":"not_stated","timeline":null,"statute":{"cite":"KRS 533.250; KRS 533.258","url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20092"},"sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20092","title":"KRS 533.258, Effects of successful completion of pretrial diversion agreement","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44797","title":"KRS 533.250, Pretrial diversion program","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://www.kycourts.gov/Legal-Forms/Legal%20Forms/497.2.pdf","title":"AOC-497.2, Petition for Expungement (For Acquittal, Dismissal, or Failure to Indict), Rev. 7-20","publisher":"Kentucky Court of Justice","accessed":"2026-10-22"}]},{"id":"certificate-of-employability","name":"Certificate of employability (Department of Corrections)","type":"certificate","effect":"It does not clear the record. For occupational licenses that require good moral character, a valid certificate creates a rebuttable presumption that you have good moral character, unless the conviction requires sex offender registration (KRS 335B.020(3)). In a negligent-hiring claim, it may be a defense for an employer that knew about it, unless the employer knew or should have known you shouldn't be hired for that job because of your history, and it can be used as evidence of due care (KRS 196.281(9)). It does not lift sex offender registration, driver's license suspensions, limits on working as a prosecutor or police officer, or health-care license actions for substance use disorder, and it is revoked if you are convicted of a new felony (KRS 196.281(4)-(5)).","covers":"People leaving a Kentucky correctional facility who earned education, program or work credits and passed a job skills assessment.","outcomes":["felony"],"narrow":"Issued by Corrections at release from prison","eligible":["While incarcerated you earned an educational, program completion or work-for-time credit, or completed the KCTCS Prison Education Program; or before incarceration you earned a high school equivalency diploma, high school diploma, college degree or vocational certification (KRS 196.281(3)(a)).","You had no major disciplinary violations in the year before release (KRS 196.281(3)(b)).","You reached a qualifying score on the department's job skills assessment, or received a KCTCS Prison Education Program certificate, diploma or degree (KRS 196.281(3)(c))."],"not_eligible":[],"waiting_periods":[],"automatic":"yes","automatic_detail":"The Department of Corrections issues the certificate at release when you meet the requirements; there is no court petition (KRS 196.281(3)-(4)).","how_to_file":["Ask your facility's staff about the certificate; the department must tell incoming prisoners how to earn one (KRS 196.281(10)).","Employers can ask the department to confirm whether a certificate is valid (KRS 196.281(7))."],"where":"Kentucky Department of Corrections, at release.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The statute doesn't mention a fee.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":null,"statute":{"cite":"KRS 196.281 (amended by 2026 Ky. Acts ch. 64, effective July 15, 2026); KRS 335B.020(3)","url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57420"},"sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57420","title":"KRS 196.281, Documentation provided to prisoners upon release; certificate of employability","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57421","title":"KRS 335B.020, Disqualification from public employment or occupational license because of prior conviction","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":"2020-07-15","detail":"Kentucky automatically expunges acquittals and dismissals with prejudice of all charges in a case, entered on or after July 15, 2020, 30 days after the decision unless the person objects (KRS 431.076(1)(a), added by 2020 Ky. Acts ch. 45). Convictions are never expunged automatically. Bills to create automatic felony expungement were filed in 2025 (HB 257) and 2026 (HB 718) but stalled in the House Judiciary Committee, and a 2026 Senate bill for automatic expungement of eligible misdemeanor and felony convictions (SB 290) stopped after its second reading on March 20, 2026.","sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50191","title":"KRS 431.076","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://www.kycourts.gov/AOC/Information-and-Technology/Pages/Expungement.aspx","title":"Expungement Certification Process (Auto Expungement section)","publisher":"Kentucky Court of Justice, Administrative Office of the Courts","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/record/25rs/HB257.html","title":"2025 RS HB 257 (automatic felony expungement; last action to Judiciary (H), Feb. 7, 2025)","publisher":"Kentucky General Assembly","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/record/26rs/hb718.html","title":"2026 RS HB 718 (automatic nonviolent felony expungement; last action to Judiciary (H), March 3, 2026)","publisher":"Kentucky General Assembly","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/record/26rs/sb290.html","title":"2026 RS SB 290 (automatic expungement of eligible misdemeanor and felony convictions; last action 2nd reading, to Rules, March 20, 2026)","publisher":"Kentucky General Assembly","accessed":"2026-10-22"}]},"marijuana":{"detail":"Kentucky has no marijuana-specific expungement law that we found, but two general routes apply. A court may void a conviction for possession of marijuana (KRS 218A.1422) after you complete treatment, probation or the sentence, and then seal the records (KRS 218A.276(8)-(10)); a voided conviction can be expunged under KRS 431.078 without the 5-year wait. Marijuana possession convictions can otherwise be expunged as misdemeanors 5 years after the sentence (KRS 431.078), and marijuana cultivation (KRS 218A.1423) is on the list of Class D felonies eligible for expungement (KRS 431.073(1)(a)). The DPA warns that misdemeanor cultivation and trafficking carry lifetime enhancement, which can block expungement.","sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40034","title":"KRS 218A.276","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45221","title":"KRS 431.078","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53904","title":"KRS 431.073","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/wp-content/uploads/2024/05/Expungement-Guide-May-2024.pdf","title":"Guide to Expungement in Kentucky (May 2024)","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Acquittals and dismissals with prejudice of all charges in a case, on or after July 15, 2020, are expunged automatically after 30 days unless you object (KRS 431.076(1)(a)). If that didn't happen, or the case is older, you can petition with form AOC-497.2 60 days after the acquittal or dismissal, at no cost and with no eligibility certificate. Charges dismissed without prejudice can be expunged after 1 year (misdemeanors) or 3 years (felonies), and felony charges that were never indicted can be expunged 6 months after the case was sent to the grand jury (KRS 431.076(1)-(2); DPA). Dismissals in exchange for a guilty plea to another charge don't qualify. Completing pretrial diversion results in a \"dismissed-diverted\" listing that is not a conviction and need not be listed on most applications (KRS 533.258).","sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50191","title":"KRS 431.076","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/kentucky-department-of-public-advocacy/findhelp/expungement/","title":"Expungement (Clean Slate Kentucky)","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20092","title":"KRS 533.258","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"A misdemeanor DUI conviction can be expunged under KRS 431.078, but only once the 10-year DUI enhancement period has run, in addition to the usual 5-year wait after the sentence and 5 years with no new conviction (KRS 431.078(4)(d); KRS 189A.010(5); DPA). The DPA cites Commonwealth v. Jackson (Ky. 2017), which applied the longer 10-year look-back period to expungement. Felony DUI is excluded from the general Class D felony route and is not on the list of eligible felonies (KRS 431.073(1)), so it can be expunged only after a full pardon. A DUI charge that was dismissed or ended in acquittal can be expunged under KRS 431.076. The statute keeps only traffic infractions that aren't misdemeanors out of automatic expungement, but the AOC says its automatic process excludes traffic cases, so if a dismissed or acquitted DUI wasn't cleared automatically, file form AOC-497.2 (no fee) 60 days or more after the dismissal or acquittal. We did not confirm how expungement affects Transportation Cabinet driving records.","sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45221","title":"KRS 431.078","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58145","title":"KRS 189A.010 (DUI penalties within a ten-year period)","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53904","title":"KRS 431.073","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/kentucky-department-of-public-advocacy/findhelp/expungement/","title":"Expungement (Clean Slate Kentucky)","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/wp-content/uploads/2024/05/Expungement-Guide-May-2024.pdf","title":"Guide to Expungement in Kentucky (May 2024)","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"},{"url":"https://www.kycourts.gov/AOC/Information-and-Technology/Pages/Expungement.aspx","title":"Expungement Certification Process","publisher":"Kentucky Court of Justice, Administrative Office of the Courts","accessed":"2026-10-22"}]},"employers":{"detail":"After any expungement, you do not have to disclose the record on an application for employment, credit or anything else, and agencies reply that no record exists (KRS 431.073(7), 431.076(6), 431.078(6)). The same applies to drug possession convictions that were voided and sealed (KRS 218A.275(10), 218A.276(10)), and a completed pretrial diversion need not be listed on applications for employment or licensure unless federal law requires it (KRS 533.258(2)). An index of felony and misdemeanor expungement orders remains available to the Kentucky Law Enforcement Council for checking police officer qualifications (KRS 431.074). For public employment with the state or local governments and for occupational licenses, a conviction alone can't disqualify you unless it directly relates to the job or license, and the decision-maker must consider factors such as time passed and rehabilitation (KRS 335B.020). We found no Kentucky statute limiting when private employers may ask about criminal records. A Department of Corrections certificate of employability may give employers a defense to negligent-hiring claims (KRS 196.281(9)).","sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53904","title":"KRS 431.073","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50191","title":"KRS 431.076","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45221","title":"KRS 431.078","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54140","title":"KRS 431.074","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20092","title":"KRS 533.258","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57421","title":"KRS 335B.020","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57420","title":"KRS 196.281","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"}]},"free_help":[{"name":"Clean Slate Kentucky (Department of Public Advocacy)","url":"https://dpa.ky.gov/kentucky-department-of-public-advocacy/findhelp/expungement/","type":"public_defender","detail":"Free eligibility guides, a calendar of expungement events with lawyers, and an email help line (DPAExpungements@ky.gov)."},{"name":"Kentucky Court of Justice: Expungement Certification Process","url":"https://www.kycourts.gov/AOC/Information-and-Technology/Pages/Expungement.aspx","type":"court_self_help","detail":"How to order the $40 eligibility certificate, the official petition forms, the list of eligible Class D felonies, and FAQs."},{"name":"AppalReD Legal Aid: Expungement Self Help Guide","url":"https://www.ardfky.org/page/637/expungement-self-help-guide","type":"legal_aid","detail":"Step-by-step packet with the AOC petition forms and the fee waiver motion; AppalReD's Central Intake is 1-866-277-5733."},{"name":"Legal Aid of the Bluegrass: Criminal Record Expungement","url":"https://lablaw.org/criminal-record-expungement","type":"legal_aid","detail":"Represents eligible people seeking expungement to improve job or housing chances, and partners with Goodwill of Kentucky on clinics; 859-431-8200."}],"sources":[{"url":"https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39302","title":"KRS Chapter 431 (table of sections, showing two versions of KRS 431.073)","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53904","title":"KRS 431.073","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50191","title":"KRS 431.076","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45221","title":"KRS 431.078","publisher":"Kentucky General Assembly (Legislative Research Commission)","accessed":"2026-10-22"},{"url":"https://www.kycourts.gov/AOC/Information-and-Technology/Pages/Expungement.aspx","title":"Expungement Certification Process","publisher":"Kentucky Court of Justice, Administrative Office of the Courts","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/wp-content/uploads/2024/05/Expungement-Guide-May-2024.pdf","title":"Guide to Expungement in Kentucky (May 2024)","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"},{"url":"https://dpa.ky.gov/kentucky-department-of-public-advocacy/findhelp/expungement/","title":"Expungement (Clean Slate Kentucky)","publisher":"Kentucky Department of Public Advocacy","accessed":"2026-10-22"},{"url":"https://apps.legislature.ky.gov/record/26rs/sb189.html","title":"2026 RS SB 189 (Acts ch. 126)","publisher":"Kentucky General Assembly","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"louisiana","code":"LA","name":"Louisiana","terms":["expungement","interim expungement","set aside and dismissal"],"summary":"Louisiana clears records through expungement, which removes an arrest or conviction from public access but does not destroy it; police, prosecutors, courts and some licensing boards can still see it. You file a motion in the parish where the case was handled. Arrests without a conviction can be expunged right away (often free), misdemeanors usually after 5 years and felonies after 10, and crimes of violence, sex offenses and domestic abuse battery are mostly excluded. A 2023 law for automated expungement takes effect only when the legislature appropriates money for it, and we found no official notice that this has happened.","remedies":[{"id":"non-conviction-expungement","name":"Expungement of an arrest that did not lead to a conviction","type":"expungement","effect":"An expunged record is removed from public access but is not destroyed (C.Cr.P. arts. 971-972). It is confidential and is no longer a public record. It stays available to law enforcement, criminal justice agencies and prosecutors on a written request for law enforcement purposes, to a court after a hearing for good cause, and to you or your lawyer (art. 973(A)). On written request it can also be released confidentially to listed licensing bodies (including the boards for medicine, nursing, dentistry, pharmacy, psychology, social work, counseling and chiropractic, EMS certification, the Office of Financial Institutions, the Department of Insurance, attorney discipline and bar admissions) and to anyone requesting a full criminal history under R.S. 15:587.1 (art. 973(B)). Apart from the people and agencies in art. 973(A), you are not required to tell anyone that you were arrested or convicted of the offense or that the record was expunged (art. 973(C)). It can still be used as a prior offense, including under the Habitual Offender Law (art. 973(E)), it does not end any sex offender registration duty (art. 973(H)), and news organizations are not restricted (art. 973(G)).","covers":"Felony or misdemeanor arrests that were never prosecuted, were refused by the DA (including after pretrial diversion), or ended in dismissal, a motion to quash or an acquittal.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["You were not prosecuted and the time limit for starting a prosecution has run out (C.Cr.P. art. 976(A)(1)).","The district attorney, for any reason, declined to prosecute any offense arising out of the arrest, including because you completed a pretrial diversion program (art. 976(A)(2)).","The case was dismissed, a motion to quash was granted, or you were acquitted (art. 976(A)(3)).","You were found factually innocent and entitled to compensation for a wrongful conviction; you can then expunge the arrest and conviction with no waiting period (art. 976(A)(4)).","If you were 17 when you were arrested or charged and the case was refused, dismissed, quashed or ended in acquittal, see the free expedited expungement below (art. 999)."],"not_eligible":["You cannot file while you are in the custody of the Department of Public Safety and Corrections serving a sentence at hard labor (art. 975).","A DWI arrest that went to pretrial diversion cannot be expunged until 5 years after the arrest (art. 976(B))."],"waiting_periods":[{"record":"Dismissal, motion to quash, acquittal, or DA refusal to prosecute","wait":"None","detail":"You can file once the case is finally over (art. 976(A))."},{"record":"Arrest never prosecuted","wait":"Until the time limit for prosecution has run","detail":"Unless the DA formally declines to prosecute sooner (art. 976(A)(1)-(2))."},{"record":"DWI arrest resolved through pretrial diversion","wait":"5 years from the date of arrest","detail":"art. 976(B)"}],"automatic":"no","automatic_detail":"You must file a motion. A 2023 law for automated expungement through the State Police (art. 985.2) takes effect only upon an appropriation of money by the legislature, and as of October 22, 2026 we found no official notice that this has happened (see the automatic clearing section).","how_to_file":["Get your own Louisiana criminal history first. The State Police recommend a fingerprint-based Right to Review so the arrest date and charges on your motion match the state record, and the motion must include a background check from the State Police or a sheriff's office dated within 60 days of filing (LSP; C.Cr.P. arts. 978.1, 989).","Get the court minute entries showing the final disposition and the charging document (bill of information, indictment or affidavit) from the clerk of court. If no minutes exist, a charge disposition report or a letter from the clerk saying no records exist can be used (art. 978.1).","Ask the district attorney for the certification letters your route needs, such as one saying you have no convictions or pending charges during the waiting period. If you may qualify to file free, give the DA the Certification of Fee Waiver form; the DA is to return it within 15 days (arts. 977, 978, 988).","Fill out the statewide Motion for Expungement and the order form. Only the forms in the Code of Criminal Procedure may be used. List the original arrest charge (even if it was later changed) and every count (art. 986; LSP).","File with the clerk of court in the parish where you were arrested or convicted, and pay the fees by money order (the State Police's $250 share by a money order made out to Louisiana State Police), or attach the DA's fee waiver certification or an in forma pauperis request (LSP; art. 983).","The clerk sends the motion to the district attorney, the State Police Bureau of Criminal Identification and Information and the arresting agency. They have 60 days to object (the court can add up to 30 days). If no one objects you can waive the hearing and the judge grants the motion if you qualify; if someone objects, there is a contradictory hearing (arts. 979-980).","After the judge signs, the clerk sends the order to the DA, the State Police bureau, the sheriff and the arresting agency (art. 982). Private companies that sell criminal history information may not keep reporting the record once they get notice of the order, but this rule does not cover news organizations or companies regulated by the federal Fair Credit Reporting Act or Gramm-Leach-Bliley Act. To give notice, send the company a certified copy of the order by certified or registered mail, return receipt requested (art. 974)."],"where":"The clerk of court for the court that handled the case, in the parish of arrest or conviction (LSP). District courts, city and parish courts, mayor's courts, traffic courts, juvenile and family courts, and the New Orleans municipal and traffic courts can all expunge records within their jurisdiction (C.Cr.P. art. 972.1).","forms":[{"name":"Motion for Expungement (C.Cr.P. art. 989)","url":"https://legis.la.gov/legis/Law.aspx?d=919682"},{"name":"Certification of Fee Waiver, completed by the district attorney (C.Cr.P. art. 988)","url":"https://legis.la.gov/legis/Law.aspx?d=919681"},{"name":"Order of Expungement (C.Cr.P. art. 992)","url":"https://legis.la.gov/legis/Law.aspx?d=919687"},{"name":"Supplemental forms for additional arrests or convictions (C.Cr.P. art. 993)","url":"https://legis.la.gov/legis/Law.aspx?d=919688"}],"cost":{"filing_fee_usd":null,"detail":"Often free: see the fee waiver. Otherwise the standard fees apply. The total cost to get an expungement order is capped at $550 (C.Cr.P. art. 983(A)-(B)): up to $250 to the State Police bureau, $50 to the sheriff, $50 to the district attorney, and up to $200 to the clerk of court. Fees are collected when you file and are not refunded if the motion is denied (art. 983(C), (E)). If two or more offenses come from the same arrest, you pay one fee (art. 983(K)). A DWI expungement adds a $50 court cost paid to the Office of Motor Vehicles (art. 984(C)). People who received a pardon other than a first offender pardon, people found factually innocent, juvenile drug court graduates and people eligible for an expedited expungement under art. 999 do not pay the processing fees (art. 983(G), (I), (J)).","fee_waiver":"yes","fee_waiver_detail":"No fees at all if the district attorney certifies (on the art. 988 form) that you have no felony convictions and no pending felony charges and that you were acquitted of all charges from the arrest, or the case was dismissed or refused with the DA's consent before the time limit ran and you were not in pretrial diversion, or you were never prosecuted within the time limit and were not in pretrial diversion, or you were the victim of identity theft tied to the arrest (art. 983(F)). The State Police say you cannot use this waiver if you have ever been convicted of a felony, even one that was expunged (LSP). Anyone else may ask to proceed in forma pauperis (without paying because of low income) under Code of Civil Procedure art. 5181 and following (art. 983(L)). LouisianaLawHelp.org says the judge decides, that people on SNAP or SSI or under 125% of the federal poverty level should be presumed eligible, and that the affidavit is notarized."},"hearing":"sometimes","timeline":"Agencies have 60 days from service to object, and the court can extend that by up to 30 days (art. 980).","statute":{"cite":"La. C.Cr.P. art. 976","url":"https://legis.la.gov/legis/Law.aspx?d=919667"},"sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=919667","title":"La. C.Cr.P. art. 976, Motion to expunge record of arrest that did not result in a conviction","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919666","title":"La. C.Cr.P. art. 975, Individuals incarcerated; ineligible to file motion to expunge","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919675","title":"La. C.Cr.P. art. 983, Costs of expungement of a record; fees; exemptions","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919681","title":"La. C.Cr.P. art. 988, Motion for fee exemption form (Certification of Fee Waiver)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919664","title":"La. C.Cr.P. art. 973, Effect of expunged record of arrest or conviction","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919672","title":"La. C.Cr.P. art. 980, Contradictory hearing","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://lsp.org/about/leadershipsections/support/bcii/expungements/","title":"Expungements (Bureau of Criminal Identification and Information)","publisher":"Louisiana State Police","accessed":"2026-10-22"},{"url":"https://louisianalawhelp.org/resource/expungement-or-sealing-of-a-criminal-record","title":"Expungement Or Sealing Of A Criminal Record","publisher":"LouisianaLawHelp.org","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919665","title":"La. C.Cr.P. art. 974, Dissemination of expunged records by third parties; court order","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=1335802","title":"La. C.Cr.P. art. 985.2, Automated expungement of qualifying records (effective upon appropriation)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]},{"id":"misdemeanor-expungement","name":"Expungement of a misdemeanor conviction","type":"expungement","effect":"An expunged record is removed from public access but is not destroyed (C.Cr.P. arts. 971-972). It is confidential and is no longer a public record. It stays available to law enforcement, criminal justice agencies and prosecutors on a written request for law enforcement purposes, to a court after a hearing for good cause, and to you or your lawyer (art. 973(A)). On written request it can also be released confidentially to listed licensing bodies (including the boards for medicine, nursing, dentistry, pharmacy, psychology, social work, counseling and chiropractic, EMS certification, the Office of Financial Institutions, the Department of Insurance, attorney discipline and bar admissions) and to anyone requesting a full criminal history under R.S. 15:587.1 (art. 973(B)). Apart from the people and agencies in art. 973(A), you are not required to tell anyone that you were arrested or convicted of the offense or that the record was expunged (art. 973(C)). It can still be used as a prior offense, including under the Habitual Offender Law (art. 973(E)), it does not end any sex offender registration duty (art. 973(H)), and news organizations are not restricted (art. 973(G)).","covers":"Misdemeanor convictions, after a set-aside under Article 894 or after 5 years without a felony conviction, plus a faster route for a first marijuana possession conviction.","outcomes":["misdemeanor","diversion"],"narrow":null,"eligible":["Your conviction was set aside and the prosecution dismissed under C.Cr.P. art. 894(B) after a deferred sentence (art. 977(A)(1)).","More than 5 years have passed since you finished your sentence, deferred adjudication, probation or parole, you were not convicted of a felony during those 5 years, and you have no pending felony charge. You need a certification from the district attorney confirming this (art. 977(A)(2)).","A misdemeanor conviction for first offense possession of marijuana, THC or their derivatives can be expunged 90 days after the conviction (art. 977(D)).","If you successfully complete court-ordered probation or an alternative sentencing program and are otherwise eligible, the judge may order the expungement right away (art. 985.3).","If your arrest was for a felony but you were convicted of a misdemeanor, you can also clear the felony arrest by interim expungement (art. 985.1)."],"not_eligible":["Misdemeanor convictions that came from an arrest for, or involved, a sex offense as defined in R.S. 15:541 (an interim expungement of the felony arrest may still be possible) (art. 977(C)(1)).","Domestic abuse battery (art. 977(C)(2)).","Stalking (art. 977(C)(3)).","You cannot file while you are in the custody of the Department of Public Safety and Corrections serving a sentence at hard labor (art. 975)."],"waiting_periods":[{"record":"Misdemeanor conviction set aside under Article 894(B)","wait":"None after the set-aside","detail":"art. 977(A)(1)"},{"record":"Other misdemeanor conviction","wait":"More than 5 years after you complete the sentence, deferred adjudication, probation or parole","detail":"No felony conviction during those 5 years and no pending felony charge (art. 977(A)(2))."},{"record":"First offense possession of marijuana (misdemeanor)","wait":"90 days from the date of conviction","detail":"art. 977(D); uses the form in art. 998."}],"automatic":"no","automatic_detail":"You must file a motion. The judge may order an immediate expungement when you finish court-ordered probation or an alternative sentencing program (art. 985.3), but the statute makes that discretionary.","how_to_file":["If your sentence was deferred under Article 894, first ask the court to set aside the conviction and dismiss the prosecution (art. 987 form), then file for expungement (LouisianaLawHelp.org; art. 977(A)(1)).","Get your own Louisiana criminal history first. The State Police recommend a fingerprint-based Right to Review so the arrest date and charges on your motion match the state record, and the motion must include a background check from the State Police or a sheriff's office dated within 60 days of filing (LSP; C.Cr.P. arts. 978.1, 989).","Get the court minute entries showing the final disposition and the charging document (bill of information, indictment or affidavit) from the clerk of court. If no minutes exist, a charge disposition report or a letter from the clerk saying no records exist can be used (art. 978.1).","Ask the district attorney for the certification letters your route needs, such as one saying you have no convictions or pending charges during the waiting period. If you may qualify to file free, give the DA the Certification of Fee Waiver form; the DA is to return it within 15 days (arts. 977, 978, 988).","Fill out the statewide Motion for Expungement and the order form. Only the forms in the Code of Criminal Procedure may be used. List the original arrest charge (even if it was later changed) and every count (art. 986; LSP).","File with the clerk of court in the parish where you were arrested or convicted, and pay the fees by money order (the State Police's $250 share by a money order made out to Louisiana State Police), or attach the DA's fee waiver certification or an in forma pauperis request (LSP; art. 983).","The clerk sends the motion to the district attorney, the State Police Bureau of Criminal Identification and Information and the arresting agency. They have 60 days to object (the court can add up to 30 days). If no one objects you can waive the hearing and the judge grants the motion if you qualify; if someone objects, there is a contradictory hearing (arts. 979-980).","After the judge signs, the clerk sends the order to the DA, the State Police bureau, the sheriff and the arresting agency (art. 982). Private companies that sell criminal history information may not keep reporting the record once they get notice of the order, but this rule does not cover news organizations or companies regulated by the federal Fair Credit Reporting Act or Gramm-Leach-Bliley Act. To give notice, send the company a certified copy of the order by certified or registered mail, return receipt requested (art. 974)."],"where":"The clerk of court for the court that handled the case, in the parish of arrest or conviction (LSP). District courts, city and parish courts, mayor's courts, traffic courts, juvenile and family courts, and the New Orleans municipal and traffic courts can all expunge records within their jurisdiction (C.Cr.P. art. 972.1).","forms":[{"name":"Motion for Expungement (C.Cr.P. art. 989)","url":"https://legis.la.gov/legis/Law.aspx?d=919682"},{"name":"Motion to set aside conviction and dismiss prosecution, rule to show cause and order of dismissal (C.Cr.P. art. 987)","url":"https://legis.la.gov/legis/Law.aspx?d=919680"},{"name":"Motion for Expungement for Misdemeanor Conviction for a First Offense Possession of Marijuana (C.Cr.P. art. 998)","url":"https://legis.la.gov/legis/Law.aspx?d=1335832"},{"name":"Certification of Fee Waiver, completed by the district attorney (C.Cr.P. art. 988)","url":"https://legis.la.gov/legis/Law.aspx?d=919681"},{"name":"Order of Expungement (C.Cr.P. art. 992)","url":"https://legis.la.gov/legis/Law.aspx?d=919687"},{"name":"Supplemental forms for additional arrests or convictions (C.Cr.P. art. 993)","url":"https://legis.la.gov/legis/Law.aspx?d=919688"}],"cost":{"filing_fee_usd":null,"detail":"The total cost to get an expungement order is capped at $550 (C.Cr.P. art. 983(A)-(B)): up to $250 to the State Police bureau, $50 to the sheriff, $50 to the district attorney, and up to $200 to the clerk of court. Fees are collected when you file and are not refunded if the motion is denied (art. 983(C), (E)). If two or more offenses come from the same arrest, you pay one fee (art. 983(K)). A DWI expungement adds a $50 court cost paid to the Office of Motor Vehicles (art. 984(C)). People who received a pardon other than a first offender pardon, people found factually innocent, juvenile drug court graduates and people eligible for an expedited expungement under art. 999 do not pay the processing fees (art. 983(G), (I), (J)). A lower $300 cap for first offense marijuana possession (art. 983(M)) ended on August 1, 2026 under its own sunset clause.","fee_waiver":"yes","fee_waiver_detail":"The no-fee certification in art. 983(F) covers only arrests that did not lead to a conviction. For a conviction, you may ask to proceed in forma pauperis under Code of Civil Procedure art. 5181 and following (art. 983(L)); LouisianaLawHelp.org says the judge decides and that people on SNAP or SSI or under 125% of the federal poverty level should be presumed eligible."},"hearing":"sometimes","timeline":"Agencies have 60 days from service to object, and the court can extend that by up to 30 days (art. 980).","statute":{"cite":"La. C.Cr.P. art. 977","url":"https://legis.la.gov/legis/Law.aspx?d=919669"},"sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=919669","title":"La. C.Cr.P. art. 977, Motion to expunge a record of arrest and conviction of a misdemeanor offense","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=112888","title":"La. C.Cr.P. art. 894, Suspension and deferral of sentence; probation in misdemeanor cases","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=1386721","title":"La. C.Cr.P. art. 985.3, Immediate expungement; judicial discretion","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919678","title":"La. C.Cr.P. art. 985.1, Interim motion to expunge a felony arrest resulting in a misdemeanor conviction","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919675","title":"La. C.Cr.P. art. 983, Costs of expungement of a record; fees; exemptions","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919666","title":"La. C.Cr.P. art. 975, Individuals incarcerated; ineligible to file motion to expunge","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=1335832","title":"La. C.Cr.P. art. 998, Motion for expungement form for first offense possession of marijuana","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919664","title":"La. C.Cr.P. art. 973, Effect of expunged record of arrest or conviction","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://lsp.org/about/leadershipsections/support/bcii/expungements/","title":"Expungements (Bureau of Criminal Identification and Information)","publisher":"Louisiana State Police","accessed":"2026-10-22"},{"url":"https://louisianalawhelp.org/resource/expungement-or-sealing-of-a-criminal-record","title":"Expungement Or Sealing Of A Criminal Record","publisher":"LouisianaLawHelp.org","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919665","title":"La. C.Cr.P. art. 974, Dissemination of expunged records by third parties; court order","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]},{"id":"felony-expungement","name":"Expungement of a felony conviction","type":"expungement","effect":"An expunged record is removed from public access but is not destroyed (C.Cr.P. arts. 971-972). It is confidential and is no longer a public record. It stays available to law enforcement, criminal justice agencies and prosecutors on a written request for law enforcement purposes, to a court after a hearing for good cause, and to you or your lawyer (art. 973(A)). On written request it can also be released confidentially to listed licensing bodies (including the boards for medicine, nursing, dentistry, pharmacy, psychology, social work, counseling and chiropractic, EMS certification, the Office of Financial Institutions, the Department of Insurance, attorney discipline and bar admissions) and to anyone requesting a full criminal history under R.S. 15:587.1 (art. 973(B)). Apart from the people and agencies in art. 973(A), you are not required to tell anyone that you were arrested or convicted of the offense or that the record was expunged (art. 973(C)). It can still be used as a prior offense, including under the Habitual Offender Law (art. 973(E)), it does not end any sex offender registration duty (art. 973(H)), and news organizations are not restricted (art. 973(G)).","covers":"Felony convictions set aside under Article 893, many felonies after a 10-year conviction-free wait, and eligible offenses covered by a first offender pardon.","outcomes":["felony","diversion"],"narrow":null,"eligible":["Your conviction was set aside and the prosecution dismissed under C.Cr.P. art. 893(E) after a deferred sentence (art. 978(A)(1)).","More than 10 years have passed since you finished your sentence, deferred adjudication, probation or parole for the felony, you have not been convicted of any other criminal offense in the 10 years before the motion, and you have no pending criminal charge. You need a certification from the district attorney confirming this (art. 978(A)(2)).","You are entitled to a first offender pardon for the offense under Article IV, Section 5(E)(1) of the Louisiana Constitution, and the offense is not a crime of violence or a sex offense (art. 978(A)(3)).","Aggravated battery, second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities may be expunged after a contradictory hearing if more than 10 years have passed since you finished the sentence, you have no other conviction in those 10 years and no pending charge (art. 978(E)).","Drug convictions that can be expunged: possession, possession with intent to distribute, any drug offense punishable by 5 years or less, and drug convictions set aside under Article 893(E) or covered by a first offender pardon (art. 978(B)(3)).","More than one felony can be expunged in a 10-year period if each one is eligible (art. 978(F)).","If you successfully complete court-ordered probation or an alternative sentencing program and are otherwise eligible, the judge may order the expungement right away (art. 985.3)."],"not_eligible":["Crimes of violence as defined or listed in R.S. 14:2(B), except the offenses allowed after a hearing under art. 978(E) (art. 978(B)(1)). This and the other exclusions below also cover attempts to commit the offense (art. 978(B)).","Sex offenses and criminal offenses against a victim who is a minor, as defined in R.S. 15:541 (some carnal knowledge of a juvenile convictions from before August 15, 2001 are an exception) (art. 978(B)(2)).","Other violations of the Uniform Controlled Dangerous Substances Law, outside the drug offenses listed as eligible (art. 978(B)(3)).","Domestic abuse battery (art. 978(B)(4)).","You cannot file while you are in the custody of the Department of Public Safety and Corrections serving a sentence at hard labor (art. 975)."],"waiting_periods":[{"record":"Felony conviction set aside under Article 893(E)","wait":"None after the set-aside","detail":"art. 978(A)(1)"},{"record":"Felony conviction covered by a first offender pardon (not a crime of violence or sex offense)","wait":"None stated","detail":"art. 978(A)(3)"},{"record":"Other eligible felony conviction","wait":"More than 10 years after you complete the sentence, deferred adjudication, probation or parole","detail":"No other criminal conviction in the 10 years before the motion and no pending charge (art. 978(A)(2))."},{"record":"Aggravated or second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, illegal use of weapons","wait":"More than 10 years after you complete the sentence","detail":"Judge decides after a contradictory hearing (art. 978(E))."}],"automatic":"no","automatic_detail":"You must file a motion. The judge may order an immediate expungement when you finish court-ordered probation or an alternative sentencing program (art. 985.3), but the statute makes that discretionary.","how_to_file":["If your sentence was deferred under Article 893, first ask the court to set aside the conviction and dismiss the prosecution (art. 987 form), then file for expungement (LouisianaLawHelp.org; art. 978(A)(1)). Attach a copy of a first offender pardon if you are using that route (art. 989 form).","Get your own Louisiana criminal history first. The State Police recommend a fingerprint-based Right to Review so the arrest date and charges on your motion match the state record, and the motion must include a background check from the State Police or a sheriff's office dated within 60 days of filing (LSP; C.Cr.P. arts. 978.1, 989).","Get the court minute entries showing the final disposition and the charging document (bill of information, indictment or affidavit) from the clerk of court. If no minutes exist, a charge disposition report or a letter from the clerk saying no records exist can be used (art. 978.1).","Ask the district attorney for the certification letters your route needs, such as one saying you have no convictions or pending charges during the waiting period. If you may qualify to file free, give the DA the Certification of Fee Waiver form; the DA is to return it within 15 days (arts. 977, 978, 988).","Fill out the statewide Motion for Expungement and the order form. Only the forms in the Code of Criminal Procedure may be used. List the original arrest charge (even if it was later changed) and every count (art. 986; LSP).","File with the clerk of court in the parish where you were arrested or convicted, and pay the fees by money order (the State Police's $250 share by a money order made out to Louisiana State Police), or attach the DA's fee waiver certification or an in forma pauperis request (LSP; art. 983).","The clerk sends the motion to the district attorney, the State Police Bureau of Criminal Identification and Information and the arresting agency. They have 60 days to object (the court can add up to 30 days). If no one objects you can waive the hearing and the judge grants the motion if you qualify; if someone objects, there is a contradictory hearing (arts. 979-980).","After the judge signs, the clerk sends the order to the DA, the State Police bureau, the sheriff and the arresting agency (art. 982). Private companies that sell criminal history information may not keep reporting the record once they get notice of the order, but this rule does not cover news organizations or companies regulated by the federal Fair Credit Reporting Act or Gramm-Leach-Bliley Act. To give notice, send the company a certified copy of the order by certified or registered mail, return receipt requested (art. 974)."],"where":"The clerk of court for the court that handled the case, in the parish of arrest or conviction (LSP). District courts, city and parish courts, mayor's courts, traffic courts, juvenile and family courts, and the New Orleans municipal and traffic courts can all expunge records within their jurisdiction (C.Cr.P. art. 972.1).","forms":[{"name":"Motion for Expungement (C.Cr.P. art. 989)","url":"https://legis.la.gov/legis/Law.aspx?d=919682"},{"name":"Motion to set aside conviction and dismiss prosecution, rule to show cause and order of dismissal (C.Cr.P. art. 987)","url":"https://legis.la.gov/legis/Law.aspx?d=919680"},{"name":"Order of Expungement (C.Cr.P. art. 992)","url":"https://legis.la.gov/legis/Law.aspx?d=919687"},{"name":"Supplemental forms for additional arrests or convictions (C.Cr.P. art. 993)","url":"https://legis.la.gov/legis/Law.aspx?d=919688"}],"cost":{"filing_fee_usd":null,"detail":"The total cost to get an expungement order is capped at $550 (C.Cr.P. art. 983(A)-(B)): up to $250 to the State Police bureau, $50 to the sheriff, $50 to the district attorney, and up to $200 to the clerk of court. Fees are collected when you file and are not refunded if the motion is denied (art. 983(C), (E)). If two or more offenses come from the same arrest, you pay one fee (art. 983(K)). A DWI expungement adds a $50 court cost paid to the Office of Motor Vehicles (art. 984(C)). People who received a pardon other than a first offender pardon, people found factually innocent, juvenile drug court graduates and people eligible for an expedited expungement under art. 999 do not pay the processing fees (art. 983(G), (I), (J)). A first offender pardon does not exempt you from the fees (art. 983(J)).","fee_waiver":"yes","fee_waiver_detail":"The no-fee certification in art. 983(F) is not available to anyone with a felony conviction (LSP; art. 983(F)). You may ask to proceed in forma pauperis under Code of Civil Procedure art. 5181 and following (art. 983(L)); LouisianaLawHelp.org says the judge decides and that people on SNAP or SSI or under 125% of the federal poverty level should be presumed eligible."},"hearing":"sometimes","timeline":"Agencies have 60 days from service to object, and the court can extend that by up to 30 days (art. 980). Motions under art. 978(E) always go to a contradictory hearing.","statute":{"cite":"La. C.Cr.P. art. 978","url":"https://legis.la.gov/legis/Law.aspx?d=919670"},"sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=919670","title":"La. C.Cr.P. art. 978, Motion to expunge record of arrest and conviction of a felony offense","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=1484240","title":"La. C.Cr.P. art. 978.1, Requirements for submitting motion to expunge arrest information (Acts 2026, No. 129)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=112882","title":"La. C.Cr.P. art. 893, Suspension and deferral of sentence and probation in felony cases","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=1386721","title":"La. C.Cr.P. art. 985.3, Immediate expungement; judicial discretion","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919675","title":"La. C.Cr.P. art. 983, Costs of expungement of a record; fees; exemptions","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919666","title":"La. C.Cr.P. art. 975, Individuals incarcerated; ineligible to file motion to expunge","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919664","title":"La. C.Cr.P. art. 973, Effect of expunged record of arrest or conviction","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919672","title":"La. C.Cr.P. art. 980, Contradictory hearing","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://lsp.org/about/leadershipsections/support/bcii/expungements/","title":"Expungements (Bureau of Criminal Identification and Information)","publisher":"Louisiana State Police","accessed":"2026-10-22"},{"url":"https://louisianalawhelp.org/resource/expungement-or-sealing-of-a-criminal-record","title":"Expungement Or Sealing Of A Criminal Record","publisher":"LouisianaLawHelp.org","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/ViewDocument.aspx?d=1385349","title":"Resume Digest, Act 580 (SB 116), 2024 Regular Session","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/BillInfo.aspx?s=26RS&b=HB151","title":"HB 151 (2026 Regular Session), Act 129: bill history and effective date","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919665","title":"La. C.Cr.P. art. 974, Dissemination of expunged records by third parties; court order","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]},{"id":"set-aside-and-dismissal","name":"Set-aside and dismissal after a deferred sentence (Articles 893 and 894)","type":"set_aside","effect":"If the judge deferred your sentence and you completed probation, the court can set aside the conviction and dismiss the prosecution. The dismissal has the same effect as an acquittal, but the conviction can still count as a prior offense, including for habitual or multiple offender laws (C.Cr.P. arts. 893(E)(2), 894(B)(2)). A set-aside does not destroy the records (arts. 893(G), 894(C)); after it, you can move to expunge the record with no waiting period (arts. 977(A)(1), 978(A)(1)).","covers":"Misdemeanor and first-offense felony convictions where the judge deferred the sentence and you completed probation.","outcomes":["diversion"],"narrow":"Only after a deferred sentence (Arts. 893, 894)","eligible":["Misdemeanor: the court deferred your sentence, and at the end of the deferral period you had no other conviction and no pending criminal charge (art. 894(B)(1)).","Felony: the court deferred your sentence after a first offense noncapital felony and found your probation satisfactory, on your motion (art. 893(E)(1)-(2)).","Felony cases in a drug court probation program or the intensive incarceration program can also be set aside with the DA's agreement, and drug or specialty court cases under art. 893(F) can be set aside once (art. 893(E)(3)-(4), (F))."],"not_eligible":["A felony sentence cannot be deferred under art. 893(E) for a crime of violence designated in the court minutes, a sex offense involving a child under 17, a drug offense punishable by more than 10 years, or a violation of R.S. 40:966(A)-970(A) (art. 893(E)(1)(b)).","A felony set-aside under art. 893(E) can happen only twice in a person's life (art. 893(E)(2)).","For DWI, a set-aside under art. 894 can happen only once in 10 years (with one more possible after a DWI or sobriety court program), and the court first needs a certified letter from the Office of Motor Vehicles (art. 894(B))."],"waiting_periods":[{"record":"Deferred misdemeanor sentence","wait":"At the end of the deferral period","detail":"art. 894(B)(1)"},{"record":"Deferred felony sentence","wait":"At the end of satisfactory probation","detail":"art. 893(E)(2)"}],"automatic":"no","automatic_detail":"The set-aside for a felony is granted on your motion (art. 893(E)(2)). LouisianaLawHelp.org advises filing the motion to set aside before the motion for expungement.","how_to_file":["Fill out the motion to set aside the conviction and dismiss the prosecution, with the rule to show cause and order of dismissal (C.Cr.P. art. 987).","File it with the clerk of the court that sentenced you. For a DWI, the court orders the clerk to send your plea record and fingerprints to the Office of Motor Vehicles and a $50 court cost applies (art. 894(A)(5)).","Once the conviction is set aside, file the Motion for Expungement (art. 989) if you want the record removed from public access."],"where":"The court that deferred your sentence.","forms":[{"name":"Motion to set aside conviction and dismiss prosecution, rule to show cause and order of dismissal (C.Cr.P. art. 987)","url":"https://legis.la.gov/legis/Law.aspx?d=919680"}],"cost":{"filing_fee_usd":null,"detail":"The statutes we read do not set a filing fee for the set-aside motion; ask the clerk. A DWI set-aside adds a $50 court cost for the Office of Motor Vehicles (art. 894(A)(5)). Expungement fees are separate.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"La. C.Cr.P. arts. 893(E), 894(B)","url":"https://legis.la.gov/legis/Law.aspx?d=112882"},"sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=112882","title":"La. C.Cr.P. art. 893, Suspension and deferral of sentence and probation in felony cases","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=112888","title":"La. C.Cr.P. art. 894, Suspension and deferral of sentence; probation in misdemeanor cases","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919669","title":"La. C.Cr.P. art. 977, Motion to expunge a record of arrest and conviction of a misdemeanor offense","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919670","title":"La. C.Cr.P. art. 978, Motion to expunge record of arrest and conviction of a felony offense","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://louisianalawhelp.org/resource/expungement-or-sealing-of-a-criminal-record","title":"Expungement Or Sealing Of A Criminal Record","publisher":"LouisianaLawHelp.org","accessed":"2026-10-22"}]},{"id":"interim-expungement","name":"Interim expungement of a felony arrest","type":"expungement","effect":"Only the original felony arrest is expunged; the misdemeanor conviction stays on the record until it can be expunged separately (C.Cr.P. arts. 972(4), 985.1). An expunged record is confidential but remains available to law enforcement, prosecutors and the other entities listed in art. 973.","covers":"A felony arrest that ended in a conviction for a misdemeanor.","outcomes":["misdemeanor"],"narrow":"Felony arrests that ended in a misdemeanor conviction","eligible":["You were arrested for a felony and the case ended in a misdemeanor conviction (art. 985.1(A)).","There is no limit on the number of interim expungements (art. 985.1(D)).","This is available even when the misdemeanor itself cannot be expunged because it arose from a sex offense arrest (art. 977(C)(1))."],"not_eligible":["It does not expunge the misdemeanor conviction itself (art. 985.1(A)-(B)).","You cannot file while you are in the custody of the Department of Public Safety and Corrections serving a sentence at hard labor (art. 975)."],"waiting_periods":[{"record":"Felony arrest that ended in a misdemeanor conviction","wait":"None","detail":"The 5- and 10-year waits in arts. 977(A)(2) and 978(A)(2) do not apply (art. 985.1(D))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Use the Motion for Interim Expungement and the Order of Interim Expungement forms (C.Cr.P. arts. 994-995).","Follow the same filing, service and fee steps as any other expungement (art. 985.1(C))."],"where":"The clerk of court for the court that handled the case, in the parish of arrest or conviction (LSP). District courts, city and parish courts, mayor's courts, traffic courts, juvenile and family courts, and the New Orleans municipal and traffic courts can all expunge records within their jurisdiction (C.Cr.P. art. 972.1).","forms":[{"name":"Motion for Interim Expungement (C.Cr.P. art. 994)","url":"https://legis.la.gov/legis/Law.aspx?d=919690"},{"name":"Order of Interim Expungement (C.Cr.P. art. 995)","url":"https://legis.la.gov/legis/Law.aspx?d=919691"}],"cost":{"filing_fee_usd":null,"detail":"Same fees as other expungements (art. 985.1(C)): up to $550 in total (art. 983(A)).","fee_waiver":"yes","fee_waiver_detail":"You may ask to proceed in forma pauperis under Code of Civil Procedure art. 5181 and following (art. 983(L))."},"hearing":"sometimes","timeline":null,"statute":{"cite":"La. C.Cr.P. art. 985.1","url":"https://legis.la.gov/legis/Law.aspx?d=919678"},"sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=919678","title":"La. C.Cr.P. art. 985.1, Interim motion to expunge a felony arrest resulting in a misdemeanor conviction","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919663","title":"La. C.Cr.P. art. 972, Definitions","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919669","title":"La. C.Cr.P. art. 977, Motion to expunge a record of arrest and conviction of a misdemeanor offense","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919675","title":"La. C.Cr.P. art. 983, Costs of expungement of a record; fees; exemptions","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919666","title":"La. C.Cr.P. art. 975, Individuals incarcerated; ineligible to file motion to expunge","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]},{"id":"expedited-expungement-age-17","name":"Expedited expungement for arrests at age 17","type":"expungement","effect":"A judge may sign an expedited expungement order without you filing a motion with the clerk (C.Cr.P. art. 972(1)). The record is removed from public access as with other expungements (art. 973).","covers":"Arrests of 17-year-olds that were refused by the DA, dismissed, quashed or ended in acquittal.","outcomes":["no_conviction","diversion"],"narrow":"Arrested or charged at age 17 only","eligible":["You were 17 when you were arrested or charged with an offense under Title 14 or 40 of the Revised Statutes (art. 999(A)(1)).","The district attorney declined to prosecute all offenses from that arrest, including after pretrial diversion (art. 999(A)(2)).","Prosecution was started and ended in dismissal, a motion to quash or an acquittal (art. 999(A)(3))."],"not_eligible":["Any misdemeanor or felony conviction from the same arrest (art. 999(B))."],"waiting_periods":[{"record":"Arrest at age 17 that ended without a conviction","wait":"None stated","detail":"art. 999"}],"automatic":"not_stated","automatic_detail":"The law says the judge may sign the order without a motion being filed, but it does not say who starts the process. A 2026 bill (HB 435) to drop the age-17 limit was left pending in a House committee when the 2026 regular session ended and did not become law.","how_to_file":["Ask the court that handled the case, or the district attorney, about an order under C.Cr.P. art. 999 (the order form is in art. 999.1).","The signed order is served on the DA, the arresting agency, the sheriff and the State Police bureau (arts. 982, 999(C))."],"where":"The court that handled the arrest (art. 999.1 form).","forms":[{"name":"Order of Expungement under C.Cr.P. art. 999 (expedited expungement)","url":"https://legis.la.gov/legis/Law.aspx?d=1386723"}],"cost":{"filing_fee_usd":0,"detail":"Free: the law says expedited expungement is at no cost to you (art. 999(A); art. 983(G)(2)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"La. C.Cr.P. art. 999","url":"https://legis.la.gov/legis/Law.aspx?d=1386722"},"sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=1386722","title":"La. C.Cr.P. art. 999, Expungement of arrest records for certain individuals (expedited expungement)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919663","title":"La. C.Cr.P. art. 972, Definitions","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919675","title":"La. C.Cr.P. art. 983, Costs of expungement of a record; fees; exemptions","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/ViewDocument.aspx?d=1444438","title":"Digest of HB 435 Original, 2026 Regular Session (expedited expungement age requirement)","publisher":"Louisiana House Legislative Services","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/BillInfo.aspx?s=26RS&b=HB435","title":"HB 435 (2026 Regular Session): bill history (pending in House Administration of Criminal Justice)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]},{"id":"human-trafficking-expungement","name":"Expungement for human trafficking survivors","type":"expungement","effect":"Uses the regular misdemeanor and felony expungement process, but the waiting periods are waived when the prosecutor's certification is filed with your application, and trafficking victims pay no expungement fees (C.Cr.P. art. 983(H)(4)-(5)). The expunged record is confidential as described in art. 973.","covers":"Offenses committed in substantial part because you were a victim of human trafficking under R.S. 14:46.2.","outcomes":["misdemeanor","felony"],"narrow":"Human trafficking survivors only","eligible":["You show the prosecuting authority, by a preponderance of the evidence, that the offense was committed in substantial part because you were a victim of human trafficking under R.S. 14:46.2, and the prosecutor issues a certification (art. 983(H)(1)-(2); form in art. 997).","The certification is prima facie evidence for similar eligible offenses in other Louisiana parishes during the period you were trafficked (art. 983(H)(3)).","You can still seek any other expungement you qualify for (art. 983(H)(6))."],"not_eligible":["The certification waives waiting periods but does not change which offenses are eligible under arts. 977 and 978 (our reading of art. 983(H)(4)), so offenses those articles exclude remain excluded."],"waiting_periods":[{"record":"Misdemeanor or felony conviction with a human trafficking certification","wait":"None","detail":"The waits in arts. 977 and 978 are waived when the certification is filed with the application (art. 983(H)(4))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Ask the district attorney's office for a Certification of Human Trafficking Victim Status (C.Cr.P. art. 997 form).","File the certification with the Motion for Expungement at the clerk of court; no fees are owed (art. 983(H)(4)-(5))."],"where":"The clerk of court for the court that handled the case, in the parish of arrest or conviction (LSP). District courts, city and parish courts, mayor's courts, traffic courts, juvenile and family courts, and the New Orleans municipal and traffic courts can all expunge records within their jurisdiction (C.Cr.P. art. 972.1).","forms":[{"name":"Certification of Human Trafficking Victim Status (C.Cr.P. art. 997)","url":"https://legis.la.gov/legis/Law.aspx?d=1293462"},{"name":"Motion for Expungement (C.Cr.P. art. 989)","url":"https://legis.la.gov/legis/Law.aspx?d=919682"}],"cost":{"filing_fee_usd":0,"detail":"No fees to the clerk, State Police bureau, sheriff, district attorney or any other agency (art. 983(H)(5)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"La. C.Cr.P. art. 983(H)","url":"https://legis.la.gov/legis/Law.aspx?d=919675"},"sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=919675","title":"La. C.Cr.P. art. 983, Costs of expungement of a record; fees; exemptions","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=1293462","title":"La. C.Cr.P. art. 997, Certification of human trafficking victim status","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]}],"clean_slate":{"status":"enacted_not_in_effect","effective":null,"detail":"Act 454 of 2023 added C.Cr.P. art. 985.2, which would have the State Police bureau identify records eligible under arts. 976-978 and, starting January 1, 2025, let a person submit a request (name, date of birth, last four digits of the Social Security number, arrest date and case number) to have eligible records expunged within 30 days, with clerks then marking them as expunged by automation. Under Section 4 of Act 454, the automated-expungement provisions take effect only when acts appropriating money to the State Police, the Louisiana Supreme Court, the Louisiana Clerks' Remote Access Authority and the Louisiana Commission on Law Enforcement for this purpose take effect. The legislature's code text, read on October 22, 2026, still marks art. 985.2 \"eff. upon appropriation of monies by the Legislature,\" and the article says it is subject to funding in the executive budget for Fiscal Year 2025-2026. The State Police expungement page we read the same day describes only court-filed motions and does not mention automated requests. We found no official notice that the money has been appropriated, so no date for automated relief has been set and you still need to file a motion.","sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=1335802","title":"La. C.Cr.P. art. 985.2, Automated expungement of qualifying records (effective upon appropriation)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/ViewDocument.aspx?d=1333320","title":"Act No. 454 (SB 111), 2023 Regular Session, enrolled text (Section 4: effective upon appropriation)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://lsp.org/about/leadershipsections/support/bcii/expungements/","title":"Expungements (Bureau of Criminal Identification and Information)","publisher":"Louisiana State Police","accessed":"2026-10-22"}]},"marijuana":{"detail":"A misdemeanor conviction for first offense possession of marijuana, THC or chemical derivatives can be expunged 90 days after the conviction, using the special form in art. 998 (C.Cr.P. art. 977(D)). A $300 fee cap for these expungements (art. 983(M)) ended on August 1, 2026 under its own sunset clause, so the general fees of up to $550 appear to apply now; ask the clerk. Other marijuana convictions follow the regular misdemeanor or felony rules; felony possession and offenses punishable by 5 years or less are among the drug convictions that can be expunged (art. 978(B)(3)). Nothing is expunged automatically.","sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=919669","title":"La. C.Cr.P. art. 977, Motion to expunge a record of arrest and conviction of a misdemeanor offense","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=1335832","title":"La. C.Cr.P. art. 998, Motion for expungement form for first offense possession of marijuana","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919675","title":"La. C.Cr.P. art. 983, Costs of expungement of a record; fees; exemptions","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919670","title":"La. C.Cr.P. art. 978, Motion to expunge record of arrest and conviction of a felony offense","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]},"non_conviction":{"detail":"An arrest that did not lead to a conviction can be expunged once the case ends in dismissal, a motion to quash or acquittal, once the DA declines to prosecute (including after pretrial diversion), or once the time limit for prosecution runs (C.Cr.P. art. 976). A DWI arrest sent to pretrial diversion must wait 5 years from the arrest (art. 976(B)). It is free if the DA certifies that you have no felony convictions or pending felony charges and that you were acquitted, or the case was dismissed or refused with the DA's consent, or never prosecuted, without pretrial diversion (art. 983(F)). People arrested at 17 can get a free expedited expungement (art. 999).","sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=919667","title":"La. C.Cr.P. art. 976, Motion to expunge record of arrest that did not result in a conviction","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919675","title":"La. C.Cr.P. art. 983, Costs of expungement of a record; fees; exemptions","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=1386722","title":"La. C.Cr.P. art. 999, Expungement of arrest records for certain individuals (expedited expungement)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]},"dui":{"eligible":"yes","detail":"A DWI (R.S. 14:98, now titled operating a vehicle while impaired) can be expunged under the general rules, with extra steps. A first or second offense is usually a misdemeanor: the jail term is up to 6 months with no hard labor (R.S. 14:98.1(A)(1), 14:98.2(A)(1)), and art. 894(A)(3) calls a second offense a misdemeanor. A second offense can be punished with hard labor, and so is a felony, when the earlier offense was vehicular homicide, third degree feticide or first degree vehicular negligent injuring (R.S. 14:98.2(D)). A misdemeanor DWI can be expunged right after a set-aside under art. 894(B), or more than 5 years after the sentence ends with no felony conviction in that time (art. 977). A third offense is punished by 1 to 5 years with or without hard labor (R.S. 14:98.3(A)(1)), which makes it a felony (R.S. 14:2(A)(4)), so it follows the 10-year felony rule (art. 978); crimes of violence under R.S. 14:2(B) are excluded. A DWI arrest sent to pretrial diversion can be expunged 5 years after the arrest (art. 976(B)). You must attach a certified letter from the Office of Motor Vehicles and pay an extra $50 court cost (art. 984). A DWI set-aside under art. 894 is allowed only once in 10 years (art. 894(B)(2)). An expunged or set-aside DWI can still count as a prior offense (arts. 894(B)(2), 973(E)). For sentencing a new DWI, R.S. 14:98(C)(3) does not count a prior offense committed more than 10 years before, but time spent awaiting trial, on probation or parole for a DWI-type offense, or incarcerated is excluded when counting those 10 years, so the lookback can reach further back. We did not confirm how commercial driver's license records are affected.","sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=919676","title":"La. C.Cr.P. art. 984, Additional requirements for expungement of records involving operating a vehicle while intoxicated","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919667","title":"La. C.Cr.P. art. 976, Motion to expunge record of arrest that did not result in a conviction","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919669","title":"La. C.Cr.P. art. 977, Motion to expunge a record of arrest and conviction of a misdemeanor offense","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919670","title":"La. C.Cr.P. art. 978, Motion to expunge record of arrest and conviction of a felony offense","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=112888","title":"La. C.Cr.P. art. 894, Suspension and deferral of sentence; probation in misdemeanor cases","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=112882","title":"La. C.Cr.P. art. 893, Suspension and deferral of sentence and probation in felony cases","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919664","title":"La. C.Cr.P. art. 973, Effect of expunged record of arrest or conviction","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=78751","title":"La. R.S. 14:98, Operating a vehicle while impaired","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.la.gov/Legis/Law.aspx?d=78752","title":"La. R.S. 14:98.1, Operating while impaired; first offense; penalties","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=206884","title":"La. R.S. 14:98.2, Operating while impaired; second offense; penalties","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=670397","title":"La. R.S. 14:98.3, Operating while impaired; third offense; penalties","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/Legis/law.aspx?d=78337","title":"La. R.S. 14:2, Definitions (felony; misdemeanor; crime of violence)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]},"employers":{"detail":"After an expungement, you are not required to tell anyone that you were arrested or convicted, or that the record was expunged, except law enforcement, criminal justice agencies, prosecutors and a court acting under C.Cr.P. art. 973(A) (art. 973(C)). Listed licensing boards and anyone requesting a full criminal history under R.S. 15:587.1 can still get the expunged record confidentially (art. 973(B)). Private background-check companies not covered by the federal Fair Credit Reporting Act or Gramm-Leach-Bliley Act may not report the record after you send them notice of the order, and can be liable for damages if they do (art. 974). Louisiana's ban-the-box law applies to state employers: they may not ask about criminal history, including on the application form, until you have had a chance to interview (or have a conditional offer if there is no interview). They may still consider your record in the final decision, and the law lists what they may consider: the nature and gravity of the conduct, the time since it happened and how it bears on the job's duties. The law covers positions in the state unclassified service and excludes law enforcement, corrections and positions where a criminal background check is required by law (R.S. 42:1701). We did not find a Louisiana statute limiting when private employers may ask about criminal records.","sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=919664","title":"La. C.Cr.P. art. 973, Effect of expunged record of arrest or conviction","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919665","title":"La. C.Cr.P. art. 974, Dissemination of expunged records by third parties","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=1017837","title":"La. R.S. 42:1701, State employment; consideration of criminal history","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]},"free_help":[{"name":"LouisianaLawHelp.org: Expungement or sealing of a criminal record","url":"https://louisianalawhelp.org/resource/expungement-or-sealing-of-a-criminal-record","type":"legal_aid","detail":"Statewide legal help site explaining the steps, in forma pauperis fee waivers and free or low-cost help such as the Justice & Accountability Center of Louisiana. The page shows no review date."},{"name":"LouisianaLawHelp.org: Find free legal aid by parish","url":"https://louisianalawhelp.org/find-legal-help/directory/area","type":"legal_aid","detail":"Directory of legal aid programs by parish."},{"name":"Louisiana State Police: Expungements","url":"https://lsp.org/about/leadershipsections/support/bcii/expungements/","type":"state_agency","detail":"How the State Police process expungement orders, the $250 money order, common mistakes on the motion, and how to get a fingerprint-based Right to Review of your own record."}],"sources":[{"url":"https://legis.la.gov/legis/Law.aspx?d=919662","title":"La. C.Cr.P. art. 971, Legislative findings (Title XXXIV, Expungement of Records)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919664","title":"La. C.Cr.P. art. 973, Effect of expunged record of arrest or conviction","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919667","title":"La. C.Cr.P. art. 976, Motion to expunge record of arrest that did not result in a conviction","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919669","title":"La. C.Cr.P. art. 977, Motion to expunge a record of arrest and conviction of a misdemeanor offense","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919670","title":"La. C.Cr.P. art. 978, Motion to expunge record of arrest and conviction of a felony offense","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=919675","title":"La. C.Cr.P. art. 983, Costs of expungement of a record; fees; exemptions","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=1335802","title":"La. C.Cr.P. art. 985.2, Automated expungement of qualifying records (effective upon appropriation)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://lsp.org/about/leadershipsections/support/bcii/expungements/","title":"Expungements (Bureau of Criminal Identification and Information)","publisher":"Louisiana State Police","accessed":"2026-10-22"},{"url":"https://louisianalawhelp.org/resource/expungement-or-sealing-of-a-criminal-record","title":"Expungement Or Sealing Of A Criminal Record","publisher":"LouisianaLawHelp.org","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/BillInfo.aspx?s=26RS&b=HB151","title":"HB 151 (2026 Regular Session), Act 129: bill history and effective date","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/ViewDocument.aspx?d=1475085","title":"Act No. 129 (HB 151), 2026 Regular Session, enrolled text","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/Law.aspx?d=1484240","title":"La. C.Cr.P. art. 978.1, Requirements for submitting motion to expunge arrest information (Acts 2026, No. 129)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.la.gov/LEGIS/Law.aspx?d=1335631","title":"La. C.Cr.P. art. 972.1, Expungement of records; local courts","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://legis.la.gov/legis/ViewDocument.aspx?d=1333320","title":"Act No. 454 (SB 111), 2023 Regular Session, enrolled text (Section 4: effective upon appropriation)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"maine","code":"ME","name":"Maine","terms":["sealing","confidential criminal history record information","pardon"],"summary":"Maine does not expunge criminal records. By motion, a court can seal a conviction for a Class E crime (the lowest class), other than a Class E crime in the sexual assault chapter, or certain marijuana crimes committed before 2017, once 4 years have passed since the sentence ended with no new convictions or pending charges. Separate motions cover former engaging-in-prostitution convictions and, since July 29, 2026, any conviction that resulted from sex trafficking or sexual exploitation. Most other convictions, including felony-level crimes, can be kept from public requests only by a governor's pardon, and the pardon board's guidelines say it will not hear OUI petitions; non-conviction records held by police agencies are confidential by law, but court files stay public.","remedies":[{"id":"motion-to-seal","name":"Motion to seal a conviction","type":"sealing","effect":"Sealing makes the conviction record confidential. Criminal justice agencies may release it only to you, to other criminal justice agencies (including prosecutors, who may use it in a later case), to the Secretary of State for motor vehicle laws, to the crime's victims, to state financial regulators, to professional licensing agencies, to financial institutions that must run background checks by law, and to entities required by law to run fingerprint-based checks (15 M.R.S. § 2265), as well as to the others who may receive confidential criminal history information under 16 M.R.S. § 705, such as people authorized by a specific law or court order, researchers under agreement and public agencies handling visas and citizenship. You may decline to disclose the sealed conviction to anyone other than criminal justice agencies and the entities listed in § 2265, and doing so is not perjury, false swearing or unsworn falsification, except when answering a criminal justice agency or testifying under oath while being prosecuted for a later crime (§ 2266). Court records about a sealed charge are not public (Maine Rules of Electronic Court Systems, Rule 5(A)(4)(p)). The record is not destroyed; the Judicial Branch notes that Maine does not have expungement. If you are convicted of a new crime anywhere after the order, the record is unsealed and you must file a notice in the case (§ 2264(7)).","covers":"Convictions for Class E crimes (Maine's lowest crime class, with a maximum of 6 months in jail), except Class E sex offenses, and certain marijuana convictions for crimes committed before January 30, 2017.","outcomes":["misdemeanor"],"narrow":"Class E and some pre-2017 marijuana convictions only","eligible":["A conviction for a current or former Class E crime, except a Class E crime in the sexual assault chapter of the Criminal Code (Title 17-A, chapter 11) (15 M.R.S. § 2261(6)(A)).","A marijuana conviction for a crime committed before January 30, 2017: Class D cultivating of marijuana under former 17-A M.R.S. § 1105, Class D possession of marijuana under former § 1107, or aggravated cultivating of marijuana under § 1105-D(1)(A)(4), (B-1)(4) or (D)(4) (§ 2261(6)(B)). This was added in 2024 (Public Law 2023, chapter 639).","At least 4 years have passed since you fully completed every part of the sentence, such as jail, probation, administrative release, license suspension, fines, restitution and community service (§ 2262(2); Judicial Branch).","Since you finished the sentence for your most recent eligible conviction, you have not been convicted of any crime in Maine or anywhere else, and no Maine charge has been dismissed after a deferred disposition (§ 2262(3)-(4)).","You have no pending criminal charges in Maine or anywhere else (§ 2262(5)).","There is no age requirement. The former rule about your age when the crime was committed was repealed in 2024 (§ 2262(6), repealed by Public Law 2023, chapter 666)."],"not_eligible":["Class A, B, C and D convictions, other than the listed pre-2017 marijuana crimes (§ 2261(6)). Separate routes exist for former prostitution convictions and for survivors of sex trafficking or sexual exploitation.","Class E crimes under Title 17-A, chapter 11 (sexual assaults) (§ 2261(6)(A)).","Anyone with a new conviction anywhere, or a Maine deferred-disposition dismissal, after finishing the sentence, and anyone with a pending charge (§ 2262(3)-(5)).","OUI (operating under the influence), which is a Class D crime or higher (29-A M.R.S. § 2411(5))."],"waiting_periods":[{"record":"Class E conviction (not a sexual assault crime)","wait":"4 years after the whole sentence is completed","detail":"No new conviction anywhere and no Maine deferred-disposition dismissal during that time, and no pending charges (§ 2262)."},{"record":"Listed marijuana conviction (crime committed before January 30, 2017)","wait":"4 years after the whole sentence is completed","detail":"Same conditions as for Class E convictions (§§ 2261(6)(B), 2262)."}],"automatic":"no","automatic_detail":"You must file a motion; the Judicial Branch says sealing is not automatic. A 2026 bill to create automatic sealing, LD 1911 ('An Act to Automatically Seal Criminal History Record Information for Certain Crimes'), was vetoed, and the veto was sustained on April 29, 2026.","how_to_file":["Check the rules above and find the docket number and conviction date for the case.","Fill out form CR-218, Motion to Seal Criminal History. The motion must briefly address each requirement: the eligible conviction, 4 years since the sentence was completed, no new convictions or deferred-disposition dismissals, and no pending charges (§ 2263).","File it with the clerk's office of the court where you were convicted. It is filed in your original criminal case; if you file several motions, the court consolidates them in one location (§ 2264(1)). You may file on your own or with a lawyer.","The clerk schedules a hearing. The prosecutor's office that handled the case represents the State. You have the right to a lawyer, but the court will not appoint one at state expense (§ 2264(2)-(3)).","At the hearing you must show each requirement is more likely true than not. The Maine Rules of Evidence don't apply, so affidavits and other reliable hearsay may be used (§ 2264(4)-(5)).","If the motion is granted, the court notifies the State Bureau of Identification, which seals the record and mails you a notice (§ 2264(6)). If it is denied, you can't appeal as of right; the Supreme Judicial Court decides by rule whether to take an appeal (§ 2267)."],"where":"The clerk's office of the court where the conviction happened (Superior Court, District Court or Unified Criminal Docket), in the original criminal case.","forms":[{"name":"Motion to Seal Criminal History (CR-218)","url":"https://mjbportal.courts.maine.gov/CourtForms/FormsLists/DownloadForm?strFormNumber=CR-218"}],"cost":{"filing_fee_usd":null,"detail":"The Judicial Branch fee schedule (Administrative Order JB-05-26, effective March 9, 2026) lists no fee for filing in a criminal action and no separate fee for a motion to seal, and neither the court's sealing pages nor the form mention a fee. Copies cost extra (for example, $5 for each attested copy). Ask the clerk before filing.","fee_waiver":"not_stated","fee_waiver_detail":"We found no fee-waiver procedure for these motions, because no filing fee is listed."},"hearing":"yes","timeline":null,"statute":{"cite":"15 M.R.S. §§ 2261-2269 (chapter 310-A)","url":"https://legislature.maine.gov/statutes/15/title15ch310-Asec0.html"},"sources":[{"url":"https://legislature.maine.gov/statutes/15/title15ch310-Asec0.html","title":"15 M.R.S. ch. 310-A, Post-Judgment Motion to Seal Criminal History Record (§§ 2261-2269)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2261.html","title":"15 M.R.S. § 2261. Definitions","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2262.html","title":"15 M.R.S. § 2262. Statutory prerequisites for sealing criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2263.html","title":"15 M.R.S. § 2263. Motion; persons who may file","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2264.html","title":"15 M.R.S. § 2264. Motion and hearing; process","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2265.html","title":"15 M.R.S. § 2265. Special restrictions on dissemination and use of criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec705.html","title":"16 M.R.S. § 705. Dissemination of confidential criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2266.html","title":"15 M.R.S. § 2266. Limited disclosure of eligible criminal conviction","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2267.html","title":"15 M.R.S. § 2267. Review of determination of eligibility","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/help/criminal/sealing.html","title":"Sealing Your Criminal Record","publisher":"State of Maine Judicial Branch","accessed":"2026-10-22"},{"url":"https://mjbportal.courts.maine.gov/CourtForms/FormsLists/DownloadForm?strFormNumber=CR-218","title":"CR-218, Motion to Seal Criminal History (Rev. 7/24)","publisher":"State of Maine Judicial Branch","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/adminorders/jb-05-26.pdf","title":"Administrative Order JB-05-26 (A. 3-26), Revised Court Fees Schedule and Document Management Procedures (effective March 9, 2026)","publisher":"Maine Supreme Judicial Court","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/rules/text/mrecs.pdf","title":"Maine Rules of Electronic Court Systems (includes amendments effective January 31, 2026), Rule 5","publisher":"Maine Supreme Judicial Court","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/legis/bills/display_ps.asp?LD=2236&snum=131","title":"LD 2236, 131st Legislature (signed April 16, 2024; Public Law 2023, chapter 639)","publisher":"Maine Legislature","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1911&snum=132","title":"LD 1911 (SP 752), 132nd Legislature: An Act to Automatically Seal Criminal History Record Information for Certain Crimes (vetoed April 24, 2026; veto sustained April 29, 2026)","publisher":"Maine Legislature","accessed":"2026-10-22"}]},{"id":"seal-prostitution","name":"Motion to seal an engaging-in-prostitution conviction","type":"sealing","effect":"Sealing makes the conviction record confidential. Criminal justice agencies may release it only to you, to other criminal justice agencies (including prosecutors, who may use it in a later case), to the Secretary of State for motor vehicle laws, to the crime's victims, to state financial regulators, to professional licensing agencies, to financial institutions that must run background checks by law, and to entities required by law to run fingerprint-based checks (15 M.R.S. § 2265), as well as to the others who may receive confidential criminal history information under 16 M.R.S. § 705, such as people authorized by a specific law or court order, researchers under agreement and public agencies handling visas and citizenship. You may decline to disclose the sealed conviction to anyone other than criminal justice agencies and the entities listed in § 2265, and doing so is not perjury, false swearing or unsworn falsification, except when answering a criminal justice agency or testifying under oath while being prosecuted for a later crime (§ 2266). Court records about a sealed charge are not public (Maine Rules of Electronic Court Systems, Rule 5(A)(4)(p)). The record is not destroyed; the Judicial Branch notes that Maine does not have expungement. Unlike other sealed convictions, a later conviction does not unseal it (§ 2264(7)).","covers":"Convictions for the former Class E crime of engaging in prostitution (17-A M.R.S. former § 853-A, repealed in 2023).","outcomes":["misdemeanor"],"narrow":"Former engaging-in-prostitution convictions only","eligible":["A conviction for engaging in prostitution under former 17-A M.R.S. § 853-A (15 M.R.S. § 2262-A).","At least 1 year has passed since you fully completed the sentence (§ 2262-A(2)).","If you meet the requirements, the record must be sealed (§ 2262-A)."],"not_eligible":["Anyone convicted of aggravated sex trafficking, sex trafficking, engaging a person in prostitution, or commercial sexual exploitation of a minor or person with a mental disability (17-A M.R.S. §§ 852, 853, 853-B, 855), or similar conduct in another jurisdiction (§ 2262-A(3))."],"waiting_periods":[{"record":"Engaging in prostitution conviction","wait":"1 year after the whole sentence is completed","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Fill out form CR-289, Motion to Seal Criminal Conviction for Engaging in Prostitution.","File it with the clerk's office of the court where you were convicted. You may file on your own or with a lawyer.","The clerk schedules a hearing, and the prosecutor's office that handled the case represents the State. You must show each requirement is more likely true than not (§ 2264).","If the motion is granted, the court notifies the State Bureau of Identification, which seals the record and mails you a notice."],"where":"The clerk's office of the court where the conviction happened, in the original criminal case.","forms":[{"name":"Motion to Seal Criminal Conviction for Engaging in Prostitution (CR-289)","url":"https://mjbportal.courts.maine.gov/CourtForms/FormsLists/DownloadForm?strFormNumber=CR-289"}],"cost":{"filing_fee_usd":null,"detail":"The Judicial Branch fee schedule (Administrative Order JB-05-26, effective March 9, 2026) lists no fee for filing in a criminal action and no separate fee for a motion to seal, and neither the court's sealing pages nor the form mention a fee. Copies cost extra (for example, $5 for each attested copy). Ask the clerk before filing.","fee_waiver":"not_stated","fee_waiver_detail":"We found no fee-waiver procedure for these motions, because no filing fee is listed."},"hearing":"yes","timeline":null,"statute":{"cite":"15 M.R.S. § 2262-A","url":"https://legislature.maine.gov/statutes/15/title15sec2262-A.html"},"sources":[{"url":"https://legislature.maine.gov/statutes/15/title15sec2262-A.html","title":"15 M.R.S. § 2262-A. Special statutory prerequisites for sealing criminal history record information related to engaging in prostitution","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2264.html","title":"15 M.R.S. § 2264. Motion and hearing; process","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2265.html","title":"15 M.R.S. § 2265. Special restrictions on dissemination and use of criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec705.html","title":"16 M.R.S. § 705. Dissemination of confidential criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/help/criminal/sealing-prostitution.html","title":"Sealing Criminal Records of Convictions for the Former Class E Crime of Engaging in Prostitution","publisher":"State of Maine Judicial Branch","accessed":"2026-10-22"},{"url":"https://mjbportal.courts.maine.gov/CourtForms/FormsLists/DownloadForm?strFormNumber=CR-289","title":"CR-289, Motion to Seal Criminal Conviction for Engaging in Prostitution (Rev. 10/24)","publisher":"State of Maine Judicial Branch","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/adminorders/jb-05-26.pdf","title":"Administrative Order JB-05-26 (A. 3-26), Revised Court Fees Schedule and Document Management Procedures (effective March 9, 2026)","publisher":"Maine Supreme Judicial Court","accessed":"2026-10-22"}]},{"id":"seal-trafficking-survivors","name":"Motion to seal convictions of sex trafficking or sexual exploitation survivors","type":"sealing","effect":"Sealing makes the conviction record confidential. Criminal justice agencies may release it only to you, to other criminal justice agencies (including prosecutors, who may use it in a later case), to the Secretary of State for motor vehicle laws, to the crime's victims, to state financial regulators, to professional licensing agencies, to financial institutions that must run background checks by law, and to entities required by law to run fingerprint-based checks (15 M.R.S. § 2265), as well as to the others who may receive confidential criminal history information under 16 M.R.S. § 705, such as people authorized by a specific law or court order, researchers under agreement and public agencies handling visas and citizenship. You may decline to disclose the sealed conviction to anyone other than criminal justice agencies and the entities listed in § 2265, and doing so is not perjury, false swearing or unsworn falsification, except when answering a criminal justice agency or testifying under oath while being prosecuted for a later crime (§ 2266). Court records about a sealed charge are not public (Maine Rules of Electronic Court Systems, Rule 5(A)(4)(p)). The record is not destroyed; the Judicial Branch notes that Maine does not have expungement. A later conviction does not unseal it (§ 2264(7)).","covers":"A conviction for any current or former crime, if you were a victim of sex trafficking or sexual exploitation and the crime was a substantial result of it. This route took effect July 29, 2026.","outcomes":["misdemeanor","felony"],"narrow":"Sex trafficking and sexual exploitation survivors only","eligible":["You have been a victim of sex trafficking or sexual exploitation (15 M.R.S. § 2262-B(1)). Sexual exploitation means exchanging sex for money or resources because of a history of trauma, adverse childhood experiences, substance use disorder or other circumstances of victimization, exploitation or oppression (§ 2261(9)).","The crime you were convicted of was a substantial result of the sex trafficking or sexual exploitation (§ 2262-B(2)).","Any current or former crime can qualify, whatever its class (§ 2261(6)(C)).","You may file at any time after the conviction (§ 2262-B)."],"not_eligible":["Convictions that were not a substantial result of sex trafficking or sexual exploitation (§ 2262-B(2))."],"waiting_periods":[{"record":"Any conviction that resulted from sex trafficking or sexual exploitation","wait":"None","detail":"File any time after the conviction (§ 2262-B)."}],"automatic":"no","automatic_detail":null,"how_to_file":["Fill out form CR-307, Motion to Seal Criminal Conviction for Victims of Sex Trafficking or Sexual Exploitation.","File it with the clerk's office of the court where you were convicted. You may file on your own or with a lawyer.","Official proof that you were a victim is not required. If you provide it (for example, a record from a federal, state, tribal or local proceeding, an immigration approval notice, or an affidavit from a clergy member, medical professional or victim services worker), it creates a presumption that the crime was a substantial result of the trafficking or exploitation (§ 2264(4-A)).","You and your witnesses may take part remotely unless the court finds you live in Maine and the interests of justice require in-person participation (§ 2264(4-A)(A)).","If the prosecutor agrees, the court may grant the motion without a hearing; otherwise the court holds a hearing (§ 2264(5)).","If the motion is granted, the court notifies the State Bureau of Identification, which seals the record and mails you a notice."],"where":"The clerk's office of the court where the conviction happened, in the original criminal case.","forms":[{"name":"Motion to Seal Criminal Conviction for Victims of Sex Trafficking or Sexual Exploitation (CR-307)","url":"https://mjbportal.courts.maine.gov/CourtForms/FormsLists/DownloadForm?strFormNumber=CR-307"}],"cost":{"filing_fee_usd":null,"detail":"The Judicial Branch fee schedule (Administrative Order JB-05-26, effective March 9, 2026) lists no fee for filing in a criminal action and no separate fee for a motion to seal, and neither the court's sealing pages nor the form mention a fee. Copies cost extra (for example, $5 for each attested copy). Ask the clerk before filing.","fee_waiver":"not_stated","fee_waiver_detail":"We found no fee-waiver procedure for these motions, because no filing fee is listed."},"hearing":"sometimes","timeline":null,"statute":{"cite":"15 M.R.S. §§ 2262-B, 2264(4-A)","url":"https://legislature.maine.gov/statutes/15/title15sec2262-B.html"},"sources":[{"url":"https://legislature.maine.gov/statutes/15/title15sec2261.html","title":"15 M.R.S. § 2261. Definitions","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2262-B.html","title":"15 M.R.S. § 2262-B. Sealing criminal history record information of victims of sex trafficking or sexual exploitation","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2264.html","title":"15 M.R.S. § 2264. Motion and hearing; process","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2265.html","title":"15 M.R.S. § 2265. Special restrictions on dissemination and use of criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec705.html","title":"16 M.R.S. § 705. Dissemination of confidential criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/help/criminal/sealing-victims.html","title":"Sealing Criminal Records of Convictions for Victims of Sex Trafficking or Sexual Exploitation","publisher":"State of Maine Judicial Branch","accessed":"2026-10-22"},{"url":"https://mjbportal.courts.maine.gov/CourtForms/FormsLists/DownloadForm?strFormNumber=CR-307","title":"CR-307, Motion to Seal Criminal Conviction for Victims of Sex Trafficking or Sexual Exploitation (Rev. 06/26)","publisher":"State of Maine Judicial Branch","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1871&snum=132","title":"LD 1871 (SP 741), 132nd Legislature: An Act to Permit Sealing Criminal History Record Information of Victims of Sex Trafficking or Sexual Exploitation (became law without the Governor's signature January 11, 2026; Public Law 2025, chapter 513)","publisher":"Maine Legislature","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/legis/bills/getPDF.asp?paper=SP0741&item=3&snum=132","title":"Public Law 2025, chapter 513 (chaptered law text)","publisher":"Maine Legislature","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/ros/LawsOfMaine/#Law","title":"Session Laws of Maine, 132nd Legislature (general effective dates: 2nd Regular Session, July 29, 2026)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/adminorders/jb-05-26.pdf","title":"Administrative Order JB-05-26 (A. 3-26), Revised Court Fees Schedule and Document Management Procedures (effective March 9, 2026)","publisher":"Maine Supreme Judicial Court","accessed":"2026-10-22"}]},{"id":"non-conviction-confidential","name":"Confidential non-conviction records (automatic by law)","type":"other","effect":"Maine's Criminal History Record Information Act treats most non-conviction information as confidential. Maine criminal justice agencies, including the State Bureau of Identification, may release it only to other criminal justice agencies, to people authorized by a specific statute or court order, to contractors and researchers under agreement, to someone who asks whether a named person was arrested, summonsed or charged on a specific date, to public agencies handling international travel, visas and citizenship, and to the public to announce a specific outcome within 30 days after it happens (or later if you agree) (16 M.R.S. § 705(1)). They may not confirm that such information exists to anyone not entitled to it (§ 705(2)). This law does not cover court records (§ 708(3)). Under the court's electronic records rules, criminal court records are public unless a law or court order says otherwise, so a dismissed or acquitted case can still be seen in court files (Maine Rules of Electronic Court Systems, Rule 5(A)).","covers":"Arrests and charges that did not end in a conviction, such as dismissals with prejudice, acquittals, declined prosecutions and old arrests with no outcome, in the records of the State Bureau of Identification and other Maine criminal justice agencies.","outcomes":["no_conviction"],"narrow":null,"eligible":["An arrest or summons with no disposition, once more than a year has passed and no prosecution from it is active, unless you are a fugitive (16 M.R.S. § 703(2)(A)).","A decision by police not to refer the matter to a prosecutor, or by a prosecutor not to bring charges, or a grand jury finding of insufficient evidence (§ 703(2)(B)-(D)).","A charge dismissed by a court with prejudice, or dismissed with finality by a prosecutor other than as part of a plea agreement (§ 703(2)(G)).","An acquittal (§ 703(2)(H)), a mistrial with prejudice (§ 703(2)(I)), or a case ended for lack of jurisdiction (§ 703(2)(J)-(K)).","A charge that was filed (placed on file by agreement or by the court), once more than a year has passed since the filing (§ 703(2)(F); § 703(5)).","A case postponed more than a year or dismissed because the person was found incompetent to stand trial (§ 703(2)(E))."],"not_eligible":["A charge dismissed by a prosecutor as part of a plea agreement (§ 703(2)(G)).","A finding of not criminally responsible by reason of insanity, which the law says is not an acquittal (§ 703(2)(H)).","Court case files, which follow court rules instead of this law and are generally public (§ 708(3); MRECS Rule 5(A)).","Traffic-crime records the Secretary of State keeps for driver's licensing (§ 708(6))."],"waiting_periods":[{"record":"Arrest or summons with no disposition","wait":"More than 1 year after the arrest or summons","detail":"Only if no prosecution from it is active and you are not a fugitive (§ 703(2)(A))."},{"record":"Charge placed on file","wait":"More than 1 year after the filing","detail":"§ 703(2)(F)."},{"record":"Dismissal with prejudice (not part of a plea agreement), acquittal, declined prosecution or grand jury no-bill","wait":"None","detail":"Confidential once the disposition is recorded (§ 703(2))."}],"automatic":"yes","automatic_detail":"No filing is needed; the confidentiality applies by law. The State Bureau of Identification's public online record search releases only adult convictions (and juvenile felony adjudications). If your State Bureau of Identification record is wrong or incomplete, you can ask the agency to correct it, and it must answer in writing within 15 business days (16 M.R.S. § 709).","how_to_file":["Nothing to file.","To check what an agency holds about you, you or your lawyer may inspect your record and get a copy for a reasonable fee (16 M.R.S. § 709(1)).","If something is wrong, ask the State Bureau of Identification in person, by phone or by mail to correct it, saying which record, what change you want and why. If you disagree with the result, you can ask the agency head for review and then appeal to the Superior Court (§ 709(2)-(4); State Bureau of Identification)."],"where":"Automatic at the State Bureau of Identification (Maine State Police) and other Maine criminal justice agencies.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No filing or fee. The public online criminal history search costs $31 ($41 notarized), but it shows only convictions.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"Most non-conviction outcomes are confidential as soon as they are recorded; arrests with no outcome and filed charges become confidential after more than a year.","statute":{"cite":"16 M.R.S. §§ 703(2), 705, 708, 709","url":"https://legislature.maine.gov/statutes/16/title16sec703.html"},"sources":[{"url":"https://legislature.maine.gov/statutes/16/title16sec703.html","title":"16 M.R.S. § 703. Definitions (confidential criminal history record information)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec705.html","title":"16 M.R.S. § 705. Dissemination of confidential criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec708.html","title":"16 M.R.S. § 708. Inapplicability of this chapter to criminal history record information contained in certain records","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec709.html","title":"16 M.R.S. § 709. Right to access and review","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.maine.gov/dps/msp/about/sbi","title":"State Bureau of Identification","publisher":"Maine State Police","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/rules/text/mrecs.pdf","title":"Maine Rules of Electronic Court Systems (includes amendments effective January 31, 2026), Rule 5","publisher":"Maine Supreme Judicial Court","accessed":"2026-10-22"}]},{"id":"pardon","name":"Governor's pardon (full and free pardon)","type":"pardon","effect":"A full and free pardon makes information about the pardoned conviction confidential criminal history record information, so the State Bureau of Identification won't release it for public requests (16 M.R.S. § 703(2)(L); State Bureau of Identification). Court records about a charge that was unconditionally pardoned are not public (Maine Rules of Electronic Court Systems, Rule 5(A)(4)(o)). The record is not erased. Information about a conditional pardon or a commutation can still be released to anyone (§ 708(7); Department of Corrections). Since July 29, 2026, a background-check company must delete a pardoned record if you dispute it (10 M.R.S. § 1500-PP).","covers":"Any Maine conviction, including felony-level (Class A, B and C) convictions that cannot be sealed, though the Board's guidelines say it will not hear OUI petitions. For most convictions it is the only way to keep the record from public requests.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["The Governor alone decides pardons, after advice from the Governor's Board on Executive Clemency (Maine Constitution, art. V, pt. 1, § 11; Department of Corrections).","The Board generally won't hear a pardon petition until 5 years after you complete the entire sentence, including probation and any restitution.","Your petition must list every conviction you want pardoned; a petition that leaves out other serious convictions won't be heard.","The Board may waive its guidelines in exceptional cases."],"not_eligible":["Petitions for a pardon of OUI (operating under the influence) are not heard under the Board's guidelines.","Petitions that seek to fix alleged errors in the court system, or that are only to carry a firearm, to be removed from the Sex Offender Registry, or to enter Canada, are not heard."],"waiting_periods":[{"record":"Any conviction","wait":"5 years after the entire sentence is completed","detail":"A Board guideline, including probation and restitution. After a denial, you generally must wait 1 year to reapply (Department of Corrections)."}],"automatic":"no","automatic_detail":null,"how_to_file":["Complete the pardon application, listing each conviction, and have it notarized.","Get from the court where you were convicted a certified copy of the charging document (complaint, information or indictment), the judgment and commitment form and the docket sheet for each conviction. If they no longer exist, ask the clerk to certify that in writing.","Mail everything to the Department of Corrections, Attn: Pardon Clerk, 111 State House Station, Augusta, ME 04333-0111.","After a background check, the Board decides whether to give you a hearing and tells you in writing. If you get one, probation and parole staff investigate and interview you.","Before the hearing, publish the legal notice the Pardon Clerk gives you in a newspaper in the county where your case was tried, once a week for four weeks in a row, and send the Clerk copies of each page.","Appear in person before the Board in Augusta. The Board makes a recommendation, and the Governor decides."],"where":"Maine Department of Corrections (Pardon Clerk) and the Governor's Board on Executive Clemency in Augusta.","forms":[{"name":"Pardon Application with Supplemental Form and Completion Checklist (2026)","url":"https://www.maine.gov/corrections/sites/maine.gov.corrections/files/inline-files/Pardon%20Application%20with%20Supplemental%20form%20and%20Completion%20Checklist%202026.pdf"}],"cost":{"filing_fee_usd":null,"detail":"The Department of Corrections does not list an application fee. You pay for the certified court copies (the court fee schedule charges $5 for each attested copy, plus copy costs) and for publishing the legal notice.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":"Usually at least six months from a complete application to the Governor's decision, and it can take a year or longer. The decisions are final, with no appeal or reconsideration (Department of Corrections).","statute":{"cite":"Maine Constitution, art. V, pt. 1, § 11; 16 M.R.S. § 703(2)(L)","url":"https://legislature.maine.gov/statutes/16/title16sec703.html"},"sources":[{"url":"https://www.maine.gov/corrections/pardonboard","title":"Pardon Board: Executive Clemency - Pardons and Commutations","publisher":"Maine Department of Corrections","accessed":"2026-10-22"},{"url":"https://www.maine.gov/dps/msp/about/sbi","title":"State Bureau of Identification","publisher":"Maine State Police","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec703.html","title":"16 M.R.S. § 703. Definitions (confidential criminal history record information)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec708.html","title":"16 M.R.S. § 708. Inapplicability of this chapter to criminal history record information contained in certain records","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/rules/text/mrecs.pdf","title":"Maine Rules of Electronic Court Systems (includes amendments effective January 31, 2026), Rule 5","publisher":"Maine Supreme Judicial Court","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/10/title10sec1500-PP.html","title":"10 M.R.S. § 1500-PP. Correction and deletion of criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/adminorders/jb-05-26.pdf","title":"Administrative Order JB-05-26 (A. 3-26), Revised Court Fees Schedule and Document Management Procedures (effective March 9, 2026)","publisher":"Maine Supreme Judicial Court","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"Maine has no Clean Slate law and does not seal convictions automatically; every conviction sealing needs a motion (Judicial Branch). LD 1911, 'An Act to Automatically Seal Criminal History Record Information for Certain Crimes', passed the Legislature in April 2026 but was vetoed on April 24, 2026, and the veto was sustained on April 29, 2026. The only automatic relief is for non-conviction information: under 16 M.R.S. § 703(2), acquittals, dismissals with prejudice, declined prosecutions, arrests with no outcome after a year and similar records are confidential in the files of the State Bureau of Identification and other criminal justice agencies, and the Bureau's public record search shows only convictions. Court files are not covered and generally stay public.","sources":[{"url":"https://courts.maine.gov/help/criminal/sealing.html","title":"Sealing Your Criminal Record","publisher":"State of Maine Judicial Branch","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1911&snum=132","title":"LD 1911 (SP 752), 132nd Legislature: An Act to Automatically Seal Criminal History Record Information for Certain Crimes (vetoed April 24, 2026; veto sustained April 29, 2026)","publisher":"Maine Legislature","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec703.html","title":"16 M.R.S. § 703. Definitions (confidential criminal history record information)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec705.html","title":"16 M.R.S. § 705. Dissemination of confidential criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec708.html","title":"16 M.R.S. § 708. Inapplicability of this chapter to criminal history record information contained in certain records","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.maine.gov/dps/msp/about/sbi","title":"State Bureau of Identification","publisher":"Maine State Police","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/rules/text/mrecs.pdf","title":"Maine Rules of Electronic Court Systems (includes amendments effective January 31, 2026), Rule 5","publisher":"Maine Supreme Judicial Court","accessed":"2026-10-22"}]},"marijuana":{"detail":"Since 2024 (Public Law 2023, chapter 639, from LD 2236), certain marijuana convictions for crimes committed before January 30, 2017 can be sealed by motion under the general rules (4 years after the sentence, no new convictions, no pending charges): Class D cultivating under former 17-A M.R.S. § 1105, Class D possession under former § 1107, and aggravated cultivating under § 1105-D(1)(A)(4), (B-1)(4) or (D)(4) (15 M.R.S. § 2261(6)(B)). Use form CR-218. There is no automatic marijuana sealing. LD 1917 (2026), which would have allowed sealing for convictions for conduct that is no longer a crime, died when the Legislature adjourned on April 29, 2026.","sources":[{"url":"https://legislature.maine.gov/statutes/15/title15sec2261.html","title":"15 M.R.S. § 2261. Definitions","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2262.html","title":"15 M.R.S. § 2262. Statutory prerequisites for sealing criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/help/criminal/sealing.html","title":"Sealing Your Criminal Record","publisher":"State of Maine Judicial Branch","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/legis/bills/display_ps.asp?LD=2236&snum=131","title":"LD 2236, 131st Legislature (signed April 16, 2024; Public Law 2023, chapter 639)","publisher":"Maine Legislature","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/LawMakerWeb/summary.asp?paper=HP1278&SessionID=16","title":"LD 1917 (HP 1278), 132nd Legislature: An Act to Allow the Sealing of Criminal History Record Information Related to Convictions for Conduct That Is No Longer a Crime in the State (died on adjournment April 29, 2026)","publisher":"Maine Legislature","accessed":"2026-10-22"}]},"non_conviction":{"detail":"There is no court process to seal or expunge an arrest or dismissed charge. Instead, the Criminal History Record Information Act makes most non-conviction information confidential automatically: acquittals, dismissals with prejudice (other than a prosecutor's dismissal as part of a plea agreement), declined prosecutions, grand jury no-bills, arrests with no disposition after more than a year, charges filed more than a year ago, and some other outcomes (16 M.R.S. § 703(2)). Criminal justice agencies, including the State Bureau of Identification, may release that information only to criminal justice agencies and a few others listed in § 705, and the Bureau's public record search shows only convictions. This does not apply to court records (§ 708(3)); criminal court files remain public under the court's electronic records rules unless a law or court order says otherwise (MRECS Rule 5(A)). After a Maine deferred disposition, a person who complied gets the agreed sentence unless the prosecutor moves to let the person withdraw the guilty plea; if the plea is withdrawn, the prosecutor must dismiss the charge with prejudice (17-A M.R.S. § 1903). We could not confirm whether that dismissal counts as confidential, because the confidentiality rule excludes prosecutor dismissals made as part of a plea agreement.","sources":[{"url":"https://legislature.maine.gov/statutes/16/title16sec703.html","title":"16 M.R.S. § 703. Definitions (confidential criminal history record information)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec705.html","title":"16 M.R.S. § 705. Dissemination of confidential criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec708.html","title":"16 M.R.S. § 708. Inapplicability of this chapter to criminal history record information contained in certain records","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.maine.gov/dps/msp/about/sbi","title":"State Bureau of Identification","publisher":"Maine State Police","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/rules/text/mrecs.pdf","title":"Maine Rules of Electronic Court Systems (includes amendments effective January 31, 2026), Rule 5","publisher":"Maine Supreme Judicial Court","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/17-A/title17-Asec1903.html","title":"17-A M.R.S. § 1903. Court hearing as to final disposition (deferred disposition)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"}]},"dui":{"eligible":"no","detail":"In almost all cases, no. OUI (operating under the influence) is a Class D crime, or a higher class for some repeat and aggravated offenses (29-A M.R.S. § 2411(5)), and the general sealing law covers only Class E crimes and certain old marijuana crimes (15 M.R.S. § 2261(6)). The Governor's Board on Executive Clemency says it will not hear pardon petitions for OUI, though it may waive its guidelines in exceptional cases. The only exception we found is the route for survivors of sex trafficking or sexual exploitation, which covers any crime that was a substantial result of the trafficking or exploitation (§ 2262-B). Separately, traffic-crime records the Secretary of State keeps for licensing are outside the criminal records law (16 M.R.S. § 708(6)), and the Secretary of State may still see sealed records (15 M.R.S. § 2265(3)).","sources":[{"url":"https://legislature.maine.gov/statutes/29-A/title29-Asec2411.html","title":"29-A M.R.S. § 2411. Criminal OUI","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2261.html","title":"15 M.R.S. § 2261. Definitions","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2262-B.html","title":"15 M.R.S. § 2262-B. Sealing criminal history record information of victims of sex trafficking or sexual exploitation","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2265.html","title":"15 M.R.S. § 2265. Special restrictions on dissemination and use of criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec708.html","title":"16 M.R.S. § 708. Inapplicability of this chapter to criminal history record information contained in certain records","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.maine.gov/corrections/pardonboard","title":"Pardon Board: Executive Clemency - Pardons and Commutations","publisher":"Maine Department of Corrections","accessed":"2026-10-22"}]},"employers":{"detail":"Maine's fair-chance law covers private employers and municipalities, but not state government positions. An employer may not ask about criminal history on an initial job application, or say in an application or ad that people with a criminal history can't apply, unless a federal or state law disqualifies people with certain convictions from the job, and then only about those offenses. Employers may ask in an interview or once you are found otherwise qualified, and must give you a chance to explain, including your rehabilitation (26 M.R.S. § 600-A). Once a conviction is sealed, you may decline to disclose it to anyone except criminal justice agencies and the entities listed in 15 M.R.S. § 2265 (§ 2266). Those listed entities, and others allowed under 16 M.R.S. § 705, can still get it, including professional licensing agencies, financial institutions required by law to run checks, and employers or others required by law to run fingerprint-based checks. Since July 29, 2026, background-check companies (business screening services) may report only complete and up-to-date records, must show the date they collected a record (for records collected since July 1, 2010) with a notice that it may since have been sealed, and must delete a sealed or pardoned record when you dispute it; a violation can cost them $1,000 or your actual damages, whichever is greater, plus attorney's fees. A company that complies with the matching federal Fair Credit Reporting Act rules is treated as complying (10 M.R.S. §§ 1500-OO to 1500-RR). Convictions that are not sealed or pardoned are public and can be released to anyone for any purpose, with no time limit (16 M.R.S. § 704).","sources":[{"url":"https://legislature.maine.gov/statutes/26/title26sec600-A.html","title":"26 M.R.S. § 600-A. Criminal history record information; employment application","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2265.html","title":"15 M.R.S. § 2265. Special restrictions on dissemination and use of criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2266.html","title":"15 M.R.S. § 2266. Limited disclosure of eligible criminal conviction","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec705.html","title":"16 M.R.S. § 705. Dissemination of confidential criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/10/title10ch247sec0.html","title":"10 M.R.S. ch. 247, Regulation of Business Screening Services' Handling of Criminal History Record Information (§§ 1500-NN to 1500-RR; enacted as ch. 239 by PL 2025, c. 513 and reallocated)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/10/title10sec1500-PP.html","title":"10 M.R.S. § 1500-PP. Correction and deletion of criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec704.html","title":"16 M.R.S. § 704. Dissemination of public criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1871&snum=132","title":"LD 1871 (SP 741), 132nd Legislature: An Act to Permit Sealing Criminal History Record Information of Victims of Sex Trafficking or Sexual Exploitation (became law without the Governor's signature January 11, 2026; Public Law 2025, chapter 513)","publisher":"Maine Legislature","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/ros/LawsOfMaine/#Law","title":"Session Laws of Maine, 132nd Legislature (general effective dates: 2nd Regular Session, July 29, 2026)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"}]},"free_help":[{"name":"Maine Judicial Branch: Sealing Your Criminal Record","url":"https://courts.maine.gov/help/criminal/sealing.html","type":"court_self_help","detail":"Official eligibility rules and process for each kind of sealing motion, with links to forms CR-218, CR-289 and CR-307."},{"name":"Maine Judicial Branch: Legal Aid Resources in Maine","url":"https://courts.maine.gov/help/legal/legal-aid.html","type":"court_self_help","detail":"The court's list of Maine's seven core free civil legal aid providers and who each one serves; contact a provider to see if you qualify."},{"name":"Maine State Bar Association Lawyer Referral Service","url":"https://www.mainebar.org/page/LawyerReferralService","type":"bar_referral","detail":"Not free: a $35 fee gets a referral and up to 30 minutes with a local lawyer (per the Judicial Branch)."},{"name":"Maine State Police, State Bureau of Identification","url":"https://www.maine.gov/dps/msp/about/sbi","type":"state_agency","detail":"Online public record search ($31) and the process to challenge an inaccurate or incomplete record."}],"sources":[{"url":"https://legislature.maine.gov/statutes/15/title15ch310-Asec0.html","title":"15 M.R.S. ch. 310-A, Post-Judgment Motion to Seal Criminal History Record (§§ 2261-2269)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15ch310sec0.html","title":"15 M.R.S. ch. 310 (former §§ 2251-2259, all repealed)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2261.html","title":"15 M.R.S. § 2261. Definitions","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2262.html","title":"15 M.R.S. § 2262. Statutory prerequisites for sealing criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2262-A.html","title":"15 M.R.S. § 2262-A. Special statutory prerequisites for sealing criminal history record information related to engaging in prostitution","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2262-B.html","title":"15 M.R.S. § 2262-B. Sealing criminal history record information of victims of sex trafficking or sexual exploitation","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2264.html","title":"15 M.R.S. § 2264. Motion and hearing; process","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2265.html","title":"15 M.R.S. § 2265. Special restrictions on dissemination and use of criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/15/title15sec2266.html","title":"15 M.R.S. § 2266. Limited disclosure of eligible criminal conviction","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec703.html","title":"16 M.R.S. § 703. Definitions (confidential criminal history record information)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec705.html","title":"16 M.R.S. § 705. Dissemination of confidential criminal history record information","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/16/title16sec708.html","title":"16 M.R.S. § 708. Inapplicability of this chapter to criminal history record information contained in certain records","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/10/title10ch247sec0.html","title":"10 M.R.S. ch. 247, Regulation of Business Screening Services' Handling of Criminal History Record Information (§§ 1500-NN to 1500-RR; enacted as ch. 239 by PL 2025, c. 513 and reallocated)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/26/title26sec600-A.html","title":"26 M.R.S. § 600-A. Criminal history record information; employment application","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/29-A/title29-Asec2411.html","title":"29-A M.R.S. § 2411. Criminal OUI","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/statutes/17-A/title17-Asec1604.html","title":"17-A M.R.S. § 1604. Imprisonment for crimes other than murder (maximum terms by class)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1871&snum=132","title":"LD 1871 (SP 741), 132nd Legislature: An Act to Permit Sealing Criminal History Record Information of Victims of Sex Trafficking or Sexual Exploitation (became law without the Governor's signature January 11, 2026; Public Law 2025, chapter 513)","publisher":"Maine Legislature","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/legis/bills/getPDF.asp?paper=SP0741&item=3&snum=132","title":"Public Law 2025, chapter 513 (chaptered law text)","publisher":"Maine Legislature","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/ros/LawsOfMaine/#Law","title":"Session Laws of Maine, 132nd Legislature (general effective dates: 2nd Regular Session, July 29, 2026)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/doc/12517","title":"132nd Legislature, Second Regular Session: laws by Title and Section affected (run May 13, 2026)","publisher":"Maine Legislature, Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1911&snum=132","title":"LD 1911 (SP 752), 132nd Legislature: An Act to Automatically Seal Criminal History Record Information for Certain Crimes (vetoed April 24, 2026; veto sustained April 29, 2026)","publisher":"Maine Legislature","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/LawMakerWeb/summary.asp?paper=HP1278&SessionID=16","title":"LD 1917 (HP 1278), 132nd Legislature: An Act to Allow the Sealing of Criminal History Record Information Related to Convictions for Conduct That Is No Longer a Crime in the State (died on adjournment April 29, 2026)","publisher":"Maine Legislature","accessed":"2026-10-22"},{"url":"https://legislature.maine.gov/legis/bills/display_ps.asp?LD=2236&snum=131","title":"LD 2236, 131st Legislature (signed April 16, 2024; Public Law 2023, chapter 639)","publisher":"Maine Legislature","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/help/criminal/sealing.html","title":"Sealing Your Criminal Record","publisher":"State of Maine Judicial Branch","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/help/criminal/sealing-prostitution.html","title":"Sealing Criminal Records of Convictions for the Former Class E Crime of Engaging in Prostitution","publisher":"State of Maine Judicial Branch","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/help/criminal/sealing-victims.html","title":"Sealing Criminal Records of Convictions for Victims of Sex Trafficking or Sexual Exploitation","publisher":"State of Maine Judicial Branch","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/adminorders/jb-05-26.pdf","title":"Administrative Order JB-05-26 (A. 3-26), Revised Court Fees Schedule and Document Management Procedures (effective March 9, 2026)","publisher":"Maine Supreme Judicial Court","accessed":"2026-10-22"},{"url":"https://courts.maine.gov/rules/text/mrecs.pdf","title":"Maine Rules of Electronic Court Systems (includes amendments effective January 31, 2026), Rule 5","publisher":"Maine Supreme Judicial Court","accessed":"2026-10-22"},{"url":"https://www.maine.gov/dps/msp/about/sbi","title":"State Bureau of Identification","publisher":"Maine State Police","accessed":"2026-10-22"},{"url":"https://www.maine.gov/corrections/pardonboard","title":"Pardon Board: Executive Clemency - Pardons and Commutations","publisher":"Maine Department of Corrections","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"maryland","code":"MD","name":"Maryland","terms":["expungement","shielding"],"summary":"Maryland lets people expunge (remove from court and police records) cases that ended without a conviction, probation before judgment, and a long list of misdemeanor convictions and a few felonies; most waits run from 3 to 15 years, and some non-convictions can be expunged sooner. A separate one-time shielding petition hides 12 kinds of minor convictions from public view after 3 years. Cases where every charge ended in acquittal, dismissal, not guilty or nolle prosequi on or after October 1, 2021 are expunged automatically after 3 years. DUI and DWI convictions can't be expunged or shielded.","remedies":[{"id":"expungement-non-conviction","name":"Expungement of non-convictions, PBJ, stets and certain minor convictions","type":"expungement","effect":"Expungement removes information about the case from court and law enforcement records; after the order, agencies must confirm in writing within 60 days that they complied. Employers, schools and state or local agencies can't require you to disclose expunged charges, and you don't have to mention an expunged charge that didn't lead to a conviction (Crim. Proc. § 10-109).","covers":"Cases that ended without a conviction (acquittal, dismissal, nolle prosequi, stet, probation before judgment) plus a few convictions such as cannabis possession, certain public-nuisance offenses and pardoned convictions.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["Acquittal (not guilty).","Dismissal of the charge.","Probation before judgment (PBJ), except for the impaired-driving and vehicle offenses listed under not eligible.","Nolle prosequi, with or without a drug or alcohol treatment requirement.","Stet, with or without a drug or alcohol treatment requirement, or a case compromised under Criminal Law § 3-207.","A charge transferred to juvenile court.","A conviction for one non-violent act followed by a full and unconditional pardon from the Governor.","Convictions or not-criminally-responsible findings for listed public-nuisance offenses (for example public urination, panhandling, loitering, transit fare evasion).","A conviction for an act that is no longer a crime (with some sex-offense exclusions).","A conviction for possession of cannabis under Criminal Law § 5-601.","A conviction vacated under Criminal Procedure § 8-302.","PBJ for alcohol-related DUI or DWI (Transportation § 21-902(a) or (b)), after 15 years.","Since October 1, 2026, a case that ended with a 'no finding' designation or was designated 'terminated without finding' (HB 187, 2026 Md. Laws ch. 466). The waiting period for these wasn't confirmed; ask the Court Help Center."],"not_eligible":["PBJ for a charge under Transportation § 21-902(c), (d), (h) or (i), or for vehicle homicide or life-threatening-injury offenses under Criminal Law Title 2, Subtitle 5 or § 3-211.","PBJ if you were convicted of a crime (other than a minor traffic violation or an act that's no longer a crime) within 3 years after the PBJ.","PBJ for DUI/DWI under § 21-902(a) or (b) if, within 15 years after the PBJ, you were convicted of a crime (other than a minor traffic violation) or got another PBJ for a § 21-902 violation.","Anyone with a criminal case pending.","Charges in the same case (a 'unit') as a charge that can't be expunged, with exceptions for minor traffic violations and cannabis possession."],"waiting_periods":[{"record":"Acquittal, dismissal or nolle prosequi","wait":"3 years after the disposition, or right away if you file a General Waiver and Release of tort claims","detail":"Cases where every charge ended this way on or after October 1, 2021 are expunged automatically after 3 years."},{"record":"Probation before judgment (most charges)","wait":"The later of discharge from probation or 3 years after the PBJ","detail":null},{"record":"PBJ for alcohol-related DUI/DWI (Transportation § 21-902(a) or (b))","wait":"15 years after discharge from probation","detail":null},{"record":"Stet or § 3-207 compromise","wait":"3 years after the stet or compromise","detail":null},{"record":"Stet with a drug or alcohol treatment requirement","wait":"The later of completing treatment or 3 years after the stet","detail":null},{"record":"Nolle prosequi with a drug or alcohol treatment requirement","wait":"After treatment is completed","detail":null},{"record":"Public-nuisance conviction","wait":"3 years after the sentence is completed","detail":null},{"record":"Cannabis possession conviction (Criminal Law § 5-601)","wait":"After the sentence, including probation, is completed","detail":null},{"record":"Pardoned conviction","wait":"File no later than 10 years after the Governor signs the pardon","detail":null}],"automatic":"some","automatic_detail":"Under Crim. Proc. § 10-105.1, cases where no charge ended in anything other than acquittal, dismissal, not guilty or nolle prosequi (not a nolle with a treatment requirement), decided on or after October 1, 2021, are expunged automatically 3 years after the disposition. You can ask for earlier expungement with form CC-DC-CR-072C. Separately, the Department of Public Safety and Correctional Services was required to expunge from the Central Repository, by July 1, 2024, cases where cannabis possession was the only charge and the charge was issued before July 1, 2023 (Crim. Proc. § 10-112); court records weren't included.","how_to_file":["Pick the right petition: CC-DC-CR-072A for acquittal, dismissal, PBJ, nolle prosequi, stet or not criminally responsible; CC-DC-CR-072C for cases decided on or after October 1, 2021 where all charges were acquitted, not guilty, dismissed or nolle prossed; CC-DC-CR-072D for cannabis possession convictions. The Judiciary's Guide and File interview can help prepare them.","If you want to file before the 3-year wait ends, also sign a General Waiver and Release (CC-DC-CR-078).","File in the court where the case was heard and serve the State's Attorney.","If no objection is filed within 30 days of service, the court must order expungement. If the State's Attorney objects in time, the court holds a hearing.","Keep copies of your petition and the order; you may not be able to get copies of the case once it is expunged."],"where":"The court where the case was filed or decided (District Court or circuit court).","forms":[{"name":"Expungement petitions CC-DC-CR-072A, 072C and General Waiver and Release CC-DC-CR-078 (Maryland Judiciary expungement page)","url":"https://www.mdcourts.gov/legalhelp/expungement"},{"name":"Petition for Expungement of Records: cannabis possession (CC-DC-CR-072D)","url":"https://mdcourts.gov/sites/default/files/court-forms/ccdccr072d.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No charge for CC-DC-CR-072A (acquittal, dismissal, PBJ, nolle prosequi, stet, not criminally responsible) or 072C. A cannabis possession conviction petition (072D) is $30 per case and is nonrefundable even if denied.","fee_waiver":"yes","fee_waiver_detail":"For petitions that carry the $30 fee, the Judiciary says you may ask for a fee waiver."},"hearing":"sometimes","timeline":"30 days for the State's Attorney to object after service; agencies have 60 days to comply after an order.","statute":{"cite":"Md. Code, Crim. Proc. § 10-105","url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105&enactments=false"},"sources":[{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105&enactments=false","title":"Criminal Procedure § 10-105","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105.1&enactments=false","title":"Criminal Procedure § 10-105.1","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-112&enactments=false","title":"Criminal Procedure § 10-112","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://www.mdcourts.gov/legalhelp/expungement","title":"Expungement","publisher":"Maryland Judiciary","accessed":"2026-10-30"},{"url":"https://www.peoples-law.org/node/43226","title":"Which records can be expunged?","publisher":"Maryland People's Law Library (Maryland Thurgood Marshall State Law Library)","accessed":"2026-10-21"},{"url":"https://www.mdcourts.gov/sites/default/files/import/video/docs/tipsheetcannabisexpungement.pdf","title":"Cannabis expungement tip sheet","publisher":"Maryland Judiciary","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0187?ys=2026RS","title":"HB 187 (2026), Chapter 466: Expungement - No Finding and Case Terminated Without Finding","publisher":"Maryland General Assembly","accessed":"2026-10-21"}]},{"id":"expungement-conviction","name":"Expungement of convictions","type":"expungement","effect":"Removes the conviction from court and law enforcement records. Employers, schools and state or local agencies can't require you to disclose expunged charges, and can't refuse to hire or deny a license solely because you won't disclose them (Crim. Proc. § 10-109).","covers":"A long list of misdemeanors named in Crim. Proc. § 10-110(a)(1) and a few felonies: felony theft, possession with intent to distribute a controlled dangerous substance, and first-, second- and third-degree burglary.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["A conviction for a misdemeanor on the § 10-110(a)(1) list (the Judiciary publishes a list of expungeable misdemeanors). Since October 1, 2025 the list also includes credit card theft (Criminal Law § 8-204) and driving without a license (Transportation § 16-101).","Felony theft (Criminal Law § 7-104).","Possession with intent to distribute a controlled dangerous substance (Criminal Law § 5-602), including cannabis.","First-, second- or third-degree burglary (Criminal Law § 6-202(a), § 6-203, § 6-204).","Attempts, conspiracies and solicitations to commit any listed offense."],"not_eligible":["Convictions not on the § 10-110 list, including DUI/DWI (Transportation § 21-902).","A conviction for a new crime during the waiting period blocks the earlier conviction, unless the new one is also eligible.","Anyone with a criminal case pending.","If one conviction in a unit (charges from the same incident) can't be expunged, none in that unit can."],"waiting_periods":[{"record":"Most listed misdemeanors","wait":"5 years after completion of the sentence","detail":"Since October 1, 2025 (Expungement Reform Act of 2025, Chapter 95), waits run from 'completion of the sentence', meaning when the sentence, including any probation, parole or mandatory supervision, has expired."},{"record":"Second-degree assault (Criminal Law § 3-203) or common-law battery","wait":"7 years after completion of the sentence","detail":null},{"record":"Listed felonies (general)","wait":"7 years after completion of the sentence","detail":null},{"record":"First- or second-degree burglary, or felony theft","wait":"10 years after completion of the sentence","detail":null},{"record":"Domestically related crime","wait":"15 years after completion of the sentence","detail":null},{"record":"Possession with intent to distribute cannabis","wait":"3 years after completion of the sentence","detail":null}],"automatic":"no","automatic_detail":"Conviction expungement requires a petition. The legislature's page for a 2026 bill to automate it (Clean Slate Act of 2026, HB 360) shows no passage.","how_to_file":["Fill out the Petition for Expungement of Records for guilty dispositions (CC-DC-CR-072B). The Judiciary's Guide and File interview can help.","File in the court where the case was decided and pay the $30 fee per case, or ask for a fee waiver.","The State's Attorney is served and listed victims get notice. If no one objects within 30 days, the court must order expungement.","If there is a timely objection, the court holds a hearing and considers public safety, your success on probation, parole or supervision, and whether restitution was paid or you can't pay it."],"where":"The court where the conviction was entered (District Court or circuit court).","forms":[{"name":"Petition for Expungement of Records, guilty dispositions (CC-DC-CR-072B), via the Maryland Judiciary expungement page","url":"https://www.mdcourts.gov/legalhelp/expungement"}],"cost":{"filing_fee_usd":30,"detail":"$30 per case, nonrefundable even if the petition is denied.","fee_waiver":"yes","fee_waiver_detail":"The Judiciary says a fee waiver may be requested; the legislature's fiscal note says fee waivers are available for financial hardship."},"hearing":"sometimes","timeline":"30 days for objections after service; agencies have 60 days to comply after an order.","statute":{"cite":"Md. Code, Crim. Proc. § 10-110","url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-110&enactments=false"},"sources":[{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-110&enactments=false","title":"Criminal Procedure § 10-110","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/2025RS/fnotes/bil_0002/sb0432.pdf","title":"Fiscal and Policy Note, SB 432 (Expungement Reform Act of 2025), Third Reader - Revised","publisher":"Maryland Department of Legislative Services","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0432?ys=2025RS","title":"SB 432 (2025): Expungement Reform Act of 2025","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://www.mdcourts.gov/legalhelp/expungement","title":"Expungement","publisher":"Maryland Judiciary","accessed":"2026-10-30"},{"url":"https://www.peoples-law.org/node/43226","title":"Which records can be expunged?","publisher":"Maryland People's Law Library (Maryland Thurgood Marshall State Law Library)","accessed":"2026-10-21"}]},{"id":"shielding","name":"Shielding (Second Chance Act)","type":"sealing","effect":"Shielded records are removed from Maryland Judiciary Case Search and public view, but remain available to criminal justice units, certain employers and licensing agencies (including child-care-related and health occupation boards), and you and your lawyer. Schools, employers and state agencies generally can't require you to disclose shielded records or penalize you for refusing.","covers":"Twelve listed minor misdemeanor convictions; it is a one-time opportunity.","outcomes":["misdemeanor"],"narrow":"12 listed minor misdemeanors only","eligible":["Disorderly conduct (Criminal Law § 10-201(c)(2)).","Disturbing the peace (Criminal Law § 10-201(c)(4)).","Failure to obey a reasonable and lawful order (Criminal Law § 10-201(c)(3)).","Malicious destruction of property, lesser degree (Criminal Law § 6-301).","Trespass on posted property (Criminal Law § 6-402).","Possessing or administering a controlled dangerous substance (Criminal Law § 5-601).","Possessing or administering a noncontrolled substance (Criminal Law § 5-618(a)).","Use or possession of drug paraphernalia (Criminal Law § 5-619(c)(2)).","Driving without a license (Transportation § 16-101).","Driving while your privilege is canceled, suspended, refused or revoked (Transportation § 16-303).","Driving while uninsured (Transportation § 17-107).","Prostitution, not assignation (Criminal Law § 11-306(a)(1))."],"not_eligible":["Domestically related crimes.","Any conviction not on the list of 12, including DUI/DWI.","Convictions from the same incident as an ineligible conviction (all or nothing).","Anyone with a criminal case pending, or convicted of a new crime during the waiting period (unless the new conviction is also eligible).","Anyone who has already had a shielding petition granted (once per lifetime; one petition can include as many eligible convictions as you have)."],"waiting_periods":[{"record":"Any eligible conviction","wait":"3 years after completing all sentences, including parole, probation or mandatory supervision","detail":null}],"automatic":"no","automatic_detail":"Shielding requires a petition. A 2026 bill to automate shielding (SB 483) passed the Senate, but its page shows no House passage.","how_to_file":["Fill out the shielding petition (CC-DC-CR-148).","File in the court where the case finished, in only one county, in either District Court or circuit court.","The court notifies the State's Attorney and listed victims. If the State's Attorney objects within 30 days, the court holds a hearing; otherwise it may decide without one."],"where":"The court where the case finished (one county only).","forms":[{"name":"Petition to Shield (CC-DC-CR-148), linked from the People's Law Library shielding page","url":"https://peoples-law.org/node/25596"}],"cost":{"filing_fee_usd":0,"detail":"No filing fee.","fee_waiver":"not_stated","fee_waiver_detail":"No fee to waive."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Md. Code, Crim. Proc. §§ 10-301 to 10-306","url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-301&enactments=false"},"sources":[{"url":"https://peoples-law.org/node/25596","title":"Shielding your convictions from the public: the Maryland Second Chance Act","publisher":"Maryland People's Law Library (Maryland Thurgood Marshall State Law Library)","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0483?ys=2026RS","title":"SB 483 (2026): Automated Shielding (Clean Slate Act of 2026)","publisher":"Maryland General Assembly","accessed":"2026-10-21"}]}],"clean_slate":{"status":"partial","effective":"2021-10-01","detail":"Maryland has limited automatic relief, not a broad Clean Slate law. Cases where every charge ended in acquittal, dismissal, not guilty or nolle prosequi (without a treatment requirement), decided on or after October 1, 2021, are expunged automatically 3 years after the disposition (Crim. Proc. § 10-105.1). Cannabis-possession-only cases charged before July 1, 2023 were to be expunged from the Central Repository by July 1, 2024 (Crim. Proc. § 10-112). Bills for broader automatic expungement and shielding (the Clean Slate Act of 2026, HB 360 and SB 483) were not enacted as far as the legislature's pages show: SB 483 passed the Senate 33-7 on March 5, 2026, but neither bill shows House passage or a chapter number (pages last updated June 30, 2026).","sources":[{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105.1&enactments=false","title":"Criminal Procedure § 10-105.1","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-112&enactments=false","title":"Criminal Procedure § 10-112","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://www.mdcourts.gov/legalhelp/expungement","title":"Expungement","publisher":"Maryland Judiciary","accessed":"2026-10-30"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0360?ys=2026RS","title":"HB 360 (2026): Automated Expungement (Clean Slate Act of 2026)","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0483?ys=2026RS","title":"SB 483 (2026): Automated Shielding (Clean Slate Act of 2026)","publisher":"Maryland General Assembly","accessed":"2026-10-21"}]},"marijuana":{"detail":"A cannabis possession conviction (Criminal Law § 5-601) can be expunged as soon as the sentence, including probation, is completed, using form CC-DC-CR-072D ($30 per case, fee waiver available); possession charges are an exception to the unit rule, so they can be expunged even if other charges in the case can't. Possession with intent to distribute cannabis can be expunged 3 years after the sentence is completed and is subject to the unit rule. Cases where cannabis possession was the only charge, charged before July 1, 2023, were to be expunged from the Central Repository by July 1, 2024, but not from court records. Since January 31, 2026, Judiciary Case Search may not refer to cannabis possession charges whose convictions were later pardoned by the Governor (the legislature's fiscal note says a 2024 executive order pardoned about 175,000 cannabis-related convictions).","sources":[{"url":"https://www.mdcourts.gov/sites/default/files/import/video/docs/tipsheetcannabisexpungement.pdf","title":"Cannabis expungement tip sheet","publisher":"Maryland Judiciary","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-112&enactments=false","title":"Criminal Procedure § 10-112","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/2025RS/fnotes/bil_0002/sb0432.pdf","title":"Fiscal and Policy Note, SB 432 (Expungement Reform Act of 2025), Third Reader - Revised","publisher":"Maryland Department of Legislative Services","accessed":"2026-10-21"},{"url":"https://www.mdcourts.gov/legalhelp/expungement","title":"Expungement","publisher":"Maryland Judiciary","accessed":"2026-10-30"}]},"non_conviction":{"detail":"Acquittals, dismissals and nolle prosequi can be expunged 3 years after the disposition, or right away if you sign a General Waiver and Release of tort claims; there is no filing fee. If every charge in the case ended this way on or after October 1, 2021, the court expunges it automatically after 3 years. Probation before judgment can be expunged after the later of discharge from probation or 3 years, and stets after 3 years. Since October 1, 2026, cases marked 'no finding' or 'terminated without finding' can also be expunged by petition (HB 187, 2026 Md. Laws ch. 466). A pending criminal case blocks expungement, and a charge in the same unit as an ineligible conviction can't be expunged.","sources":[{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105&enactments=false","title":"Criminal Procedure § 10-105","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105.1&enactments=false","title":"Criminal Procedure § 10-105.1","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://www.mdcourts.gov/legalhelp/expungement","title":"Expungement","publisher":"Maryland Judiciary","accessed":"2026-10-30"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0187?ys=2026RS","title":"HB 187 (2026), Chapter 466","publisher":"Maryland General Assembly","accessed":"2026-10-21"}]},"dui":{"eligible":"some","detail":"A DUI or DWI conviction (Transportation § 21-902) can't be expunged: it isn't on the § 10-110 list, and the Expungement Reform Act of 2025 didn't add it. It can't be shielded either. A probation before judgment (PBJ) for alcohol-related DUI or DWI (§ 21-902(a) or (b)) can be expunged 15 years after you are discharged from probation, but only if within 15 years after the PBJ you weren't convicted of a crime other than a minor traffic violation and didn't get another PBJ for a § 21-902 violation. A PBJ for drug-impaired driving charges under § 21-902(c), (d), (h) or (i), or for vehicle homicide or life-threatening injury offenses (Criminal Law Title 2, Subtitle 5 or § 3-211), can't be expunged. DUI charges that ended in acquittal, dismissal or nolle prosequi can be expunged like other non-convictions.","sources":[{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105&enactments=false","title":"Criminal Procedure § 10-105","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-110&enactments=false","title":"Criminal Procedure § 10-110","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://www.peoples-law.org/node/43226","title":"Which records can be expunged?","publisher":"Maryland People's Law Library (Maryland Thurgood Marshall State Law Library)","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/2025RS/fnotes/bil_0002/sb0432.pdf","title":"Fiscal and Policy Note, SB 432 (Expungement Reform Act of 2025), Third Reader - Revised","publisher":"Maryland Department of Legislative Services","accessed":"2026-10-21"}]},"employers":{"detail":"An employer or school may not require you to disclose expunged charges on an application, in an interview or otherwise, and may not fire or refuse to hire you solely because you refuse to disclose them; violating this is a misdemeanor with a fine of up to $1,000, up to 1 year in jail, or both (Crim. Proc. § 10-109). You don't have to mention an expunged charge that didn't lead to a conviction, or a pardoned conviction. Shielded records generally can't be required either, though certain employers and licensing agencies keep access. Maryland's Criminal Record Screening Practices law (Labor & Employment §§ 3-1501 to 3-1503) bars employers with 15 or more full-time employees from requiring applicants to disclose a criminal record or charges before the first in-person interview; it doesn't apply where federal or state law requires or allows the inquiry, or to employers that serve minors or vulnerable adults, and local laws can be stricter.","sources":[{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-109&enactments=false","title":"Criminal Procedure § 10-109","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=3-1501&enactments=false","title":"Labor and Employment § 3-1501","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=3-1502&enactments=false","title":"Labor and Employment § 3-1502","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=3-1503&enactments=false","title":"Labor and Employment § 3-1503","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://peoples-law.org/node/25596","title":"Shielding your convictions from the public: the Maryland Second Chance Act","publisher":"Maryland People's Law Library (Maryland Thurgood Marshall State Law Library)","accessed":"2026-10-21"}]},"free_help":[{"name":"Maryland Court Help Centers","url":"https://www.mdcourts.gov/legalhelp/expungement","type":"court_self_help","detail":"Free help from Judiciary attorneys at 410-260-1392, 8:30 a.m. to 8 p.m. weekdays, plus the Guide and File expungement interview."},{"name":"Maryland People's Law Library","url":"https://www.peoples-law.org/node/43226","type":"court_self_help","detail":"The State Law Library's plain-language guides to expungement and shielding."},{"name":"Maryland Legal Aid","url":"https://www.mdlab.org/wp-content/uploads/Expungement_2025_Eng_V1_WEB.pdf","type":"legal_aid","detail":"Free statewide civil legal help for people with low incomes, including expungement of Maryland state cases; intake 1-888-465-2468."}],"sources":[{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105&enactments=false","title":"Criminal Procedure § 10-105","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105.1&enactments=false","title":"Criminal Procedure § 10-105.1","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-109&enactments=false","title":"Criminal Procedure § 10-109","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-110&enactments=false","title":"Criminal Procedure § 10-110","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-112&enactments=false","title":"Criminal Procedure § 10-112","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=3-1501&enactments=false","title":"Labor and Employment § 3-1501","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=3-1502&enactments=false","title":"Labor and Employment § 3-1502","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=3-1503&enactments=false","title":"Labor and Employment § 3-1503","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0432?ys=2025RS","title":"SB 432 (2025): Expungement Reform Act of 2025","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/2025RS/fnotes/bil_0002/sb0432.pdf","title":"Fiscal and Policy Note, SB 432 (Expungement Reform Act of 2025), Third Reader - Revised","publisher":"Maryland Department of Legislative Services","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0187?ys=2026RS","title":"HB 187 (2026), Chapter 466: Expungement - No Finding and Case Terminated Without Finding","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0360?ys=2026RS","title":"HB 360 (2026): Automated Expungement (Clean Slate Act of 2026)","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0483?ys=2026RS","title":"SB 483 (2026): Automated Shielding (Clean Slate Act of 2026)","publisher":"Maryland General Assembly","accessed":"2026-10-21"},{"url":"https://www.mdcourts.gov/legalhelp/expungement","title":"Expungement","publisher":"Maryland Judiciary","accessed":"2026-10-30"},{"url":"https://www.mdcourts.gov/sites/default/files/import/video/docs/tipsheetcannabisexpungement.pdf","title":"Cannabis expungement tip sheet","publisher":"Maryland Judiciary","accessed":"2026-10-21"},{"url":"https://www.peoples-law.org/node/43226","title":"Which records can be expunged?","publisher":"Maryland People's Law Library (Maryland Thurgood Marshall State Law Library)","accessed":"2026-10-21"},{"url":"https://peoples-law.org/node/25596","title":"Shielding your convictions from the public: the Maryland Second Chance Act","publisher":"Maryland People's Law Library (Maryland Thurgood Marshall State Law Library)","accessed":"2026-10-21"},{"url":"https://www.mdlab.org/wp-content/uploads/Expungement_2025_Eng_V1_WEB.pdf","title":"Expungement (flyer, 7.15.2025)","publisher":"Maryland Legal Aid","accessed":"2026-10-21"}],"last_verified":"2026-10-30"},{"slug":"massachusetts","code":"MA","name":"Massachusetts","terms":["sealing","expungement","CORI","continuance without a finding (CWOF)"],"summary":"Massachusetts mostly seals criminal records instead of destroying them. Most convictions and non-conviction records can be sealed for free by mail through the Probation Service after 3 years for a misdemeanor or 7 years for a felony, and a judge can seal a dismissal or nolle prosequi without a waiting period. Not-guilty findings, grand jury no-bills and no-probable-cause findings are now sealed automatically. Expungement, which destroys the record, is narrower: it covers up to two records from offenses committed before age 21, records created by identity theft, errors or fraud, and some marijuana offenses that are no longer crimes.","remedies":[{"id":"sealing-by-mail","name":"Sealing by mail through the Commissioner of Probation","type":"sealing","effect":"The Commissioner of Probation seals the record, and the court clerks and probation officers seal their copies too. When an authorized person other than a law enforcement agency, court or appointing authority asks, the Commissioner reports that no record exists. Job, housing and professional or occupational license applications that ask about arrests or convictions must tell applicants that a person with a sealed record may answer 'no record' (G.L. c. 276, § 100A). A sealed record can't disqualify a person from public employment and generally can't be used in court or before boards, except to impose sentence in a later criminal case and, after the judge reviews it privately, in some custody, abuse-prevention and child-welfare cases. Criminal justice agencies can still see and use sealed records (§ 100D), and firearms licensing authorities can see them for licensing (G.L. c. 6, § 172(a)(1)). The state also notifies the FBI and the U.S. Department of Justice and asks them to seal the record (§ 100T).","covers":"Most adult convictions, misdemeanor and felony, plus dismissals, nolle prosequis, not-guilty findings and cases dismissed after a continuance without a finding, once the waiting period has passed.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":null,"eligible":["Misdemeanor records once 3 years have passed, and felony records once 7 years have passed, counting the court appearance, the disposition and any period of incarceration or custody (G.L. c. 276, § 100A). The Probation Service's web page says the clock starts at the guilty finding or at release from jail or prison, whichever is later, but its Petition to Seal form asks you to swear that all parts of the sentence ended at least 3 (or 7) years before the request. Greater Boston Legal Services says probation doesn't extend the wait.","No guilty finding for any crime in Massachusetts during that 3-year (misdemeanor) or 7-year (felony) period, except motor vehicle offenses punished only by a fine of $50 or less (§ 100A(3)).","No conviction in another state, a U.S. possession or federal court, and no imprisonment in any state or county, during that period, with the same motor vehicle exception (§ 100A(4)).","An offense that was a felony when committed but is now a misdemeanor is treated as a misdemeanor, and so is an offense that can't be confirmed as a felony (§ 100A).","An offense that is no longer a crime can be sealed right away, unless its elements are still a crime under another name (§ 100A).","Later charges that ended in not guilty, dismissal for want of prosecution, dismissal at the complainant's request, nolle prosequi or no bill don't restart the clock (§ 100A).","For a case dismissed after a continuance without a finding (CWOF), Greater Boston Legal Services says the waiting period starts on the date of the CWOF."],"not_eligible":["Convictions for firearms licensing and sales violations under G.L. c. 140, §§ 121-131H, for crimes against public justice under chapter 268 (such as perjury, witness intimidation or escape), and for State Ethics Act violations under chapter 268A. A resisting arrest conviction can be sealed (§ 100A). Non-convictions for these charges can still be sealed (Mass. Legal Help).","The statute also requires that the record include no convictions for those excluded offenses (§ 100A, condition 5), and Probation's Petition to Seal form asks you to swear that your record has none. Greater Boston Legal Services says other eligible cases can still be sealed. Ask Probation or legal aid how this applies to your record.","Sex offenses as defined in G.L. c. 6, § 178C, until 15 years after the disposition (including the end of supervision, probation or incarceration) or for as long as the person must register as a sex offender, whichever is longer (§ 100A, clause 6).","Sex offenses of anyone who has ever been given a Level 2 or Level 3 sex offender classification under G.L. c. 6, § 178K; the statute says these can never be sealed (§ 100A, clause 6). Mass. Legal Help says a person who no longer has to register may be able to challenge this bar in court and should talk to a lawyer.","A violation of an abuse prevention order (G.L. c. 209A, § 7) or harassment prevention order (c. 258E, § 9) is treated as a felony, so it has the 7-year wait (§ 100A, clause 5)."],"waiting_periods":[{"record":"Misdemeanor (including a case dismissed or not prosecuted, if sealed by mail)","wait":"3 years","detail":"Runs from the guilty finding or release from jail or prison, whichever is later (mass.gov); for non-convictions, from the disposition (Mass. Legal Help). Probation's Petition to Seal form instead asks that all parts of the sentence ended 3 years before the request. Any new conviction or incarceration restarts the clock."},{"record":"Felony","wait":"7 years","detail":"Runs from the guilty finding or release from jail or prison, whichever is later (mass.gov); Probation's form asks that all parts of the sentence ended 7 years before the request. Mass. Legal Help says a misdemeanor is a crime punishable by up to 2½ years in jail and a felony is one punishable by more than 2½ years."},{"record":"Violation of an abuse or harassment prevention order","wait":"7 years","detail":"Treated as a felony for sealing (§ 100A, clause 5), and GBLS's 2024 sealing chart also says 7 years. One Mass. Legal Help page says 10 years, which doesn't match the current statute."},{"record":"Sex offense that can be sealed","wait":"15 years after the disposition, or as long as registration lasts, whichever is longer","detail":"Never for anyone ever classified Level 2 or Level 3 (§ 100A)."},{"record":"Offense that is no longer a crime","wait":"None","detail":"§ 100A, clause 2."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get a copy of your own criminal record (CORI) so you know every case on it; the Probation Service recommends this but doesn't require it.","Fill out the Petition to Seal and sign it under the penalties of perjury.","Mail it to the Office of the Commissioner of Probation, One Ashburton Place, Room 405, Boston, MA 02108, or file it there in person.","Probation checks eligibility; if the petition is allowed, it notifies the court clerks and probation offices to seal their records too.","Before sealing, consider getting certified copies of the complaint and docket sheets. Greater Boston Legal Services advises this, and advises people who are not U.S. citizens to talk with an immigration lawyer first."],"where":"Office of the Commissioner of Probation, One Ashburton Place, Room 405, Boston, MA 02108 (617-727-5300).","forms":[{"name":"Petition to Seal (G.L. c. 276, §§ 100A and 100B)","url":"https://www.mass.gov/doc/petition-to-seal-form/download"}],"cost":{"filing_fee_usd":0,"detail":"The Probation Service says there is no fee to request sealing. Getting a copy of your own CORI from the Department of Criminal Justice Information Services (DCJIS) has a fee.","fee_waiver":"not_stated","fee_waiver_detail":"There is no sealing fee to waive. DCJIS takes fee waiver requests for the fee to get your own CORI report through iCORI."},"hearing":"no","timeline":null,"statute":{"cite":"G.L. c. 276, § 100A","url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100A"},"sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100A","title":"G.L. c. 276, § 100A. Requests to seal files; conditions; application of section; effect of sealing of records","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100D","title":"G.L. c. 276, § 100D. Access by criminal justice agencies","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section172","title":"G.L. c. 6, § 172. Accessibility and dissemination of information","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100T","title":"G.L. c. 276, § 100T. Notice to FBI and U.S. Department of Justice of sealing or expungement","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://masslegalservices.org/system/files/library/rev.GBLS%20AT%20A%20GLANCE%20SEALING.%202024.pdf","title":"Sealing Records at a Glance (Greater Boston Legal Services, 2024)","publisher":"Massachusetts Law Reform Institute (MassLegalServices.org)","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/find-out-if-you-can-seal-your-criminal-record","title":"Find out if you can seal your criminal record","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://www.mass.gov/how-to/request-to-seal-your-criminal-record","title":"Request to seal your criminal record","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://www.mass.gov/doc/petition-to-seal-form/download","title":"Petition to Seal (form)","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://www.masslegalhelp.org/criminal-records-cori-licenses/criminal-offender-record-information-cori/sealing-your-cori","title":"Sealing your CORI (Greater Boston Legal Services, reviewed May 2024)","publisher":"Massachusetts Legal Help","accessed":"2026-10-22"},{"url":"https://www.masslegalhelp.org/criminal-records-cori-licenses/criminal-offender-record-information-cori/never-sealable-crimes","title":"Never sealable crimes (Greater Boston Legal Services, reviewed March 2026)","publisher":"Massachusetts Legal Help","accessed":"2026-10-22"},{"url":"https://www.mass.gov/how-to/submit-a-self-audit-or-fee-waiver","title":"Submit a Self-Audit or Fee Waiver","publisher":"Massachusetts Department of Criminal Justice Information Services","accessed":"2026-10-22"}]},{"id":"automatic-sealing-not-guilty","name":"Automatic sealing after a not-guilty finding, no bill or no probable cause","type":"sealing","effect":"The Commissioner of Probation and the court clerks and probation officers seal the records. When an authorized person other than a law enforcement agency or court asks, the Commissioner or clerk reports that no record exists, and applicants for jobs, housing or licenses may answer 'no record' to questions about arrests or criminal court appearances. After a guilty finding in a later case, the probation officer can see these records, but they are not made available to the court (G.L. c. 276, § 100C).","covers":"Charges that ended in a not-guilty verdict or finding, a grand jury no-bill, or a judge's finding of no probable cause.","outcomes":["no_conviction"],"narrow":"Not guilty, no bill or no probable cause only","eligible":["A not-guilty finding by a judge or jury, a no bill returned by a grand jury, or a finding of no probable cause by the court (§ 100C, first paragraph).","The Supreme Judicial Court held in Commonwealth v. J.F. (May 5, 2023) that this sealing is mandatory and immediate unless the person objects (Massachusetts Law Reform Institute)."],"not_eligible":["Not-guilty findings from before May 5, 2023 generally aren't sealed automatically. The Massachusetts Law Reform Institute says these older cases must be sealed by mail under § 100A (with the waiting period) or by a court petition.","Records you ask not to seal (see below)."],"waiting_periods":[{"record":"Not guilty, no bill or no probable cause","wait":"None","detail":"For records entered on or after March 11, 2024, Probation's Request Not to Seal form says to send it within 10 days if you don't want the record sealed."}],"automatic":"yes","automatic_detail":"Nothing to file. The court sends a letter saying the records will be sealed. If you don't want them sealed (for example, you need certified copies for immigration), send the Request Not to Seal form to the Commissioner of Probation within 10 days, by mail or email to OCPSealingDivision@jud.state.ma.us (form OCPS004).","how_to_file":["Nothing to file for records entered on or after March 11, 2024.","To keep a record unsealed, send the Request Not to Seal Criminal Records form to the Commissioner of Probation within 10 days.","For an older not-guilty finding that isn't sealed, ask the Commissioner of Probation (617-727-5300) or file to seal it by mail or in court."],"where":"Automatic through the court and the Office of the Commissioner of Probation.","forms":[{"name":"Request Not to Seal Criminal Records, G.L. c. 276, § 100C, Paragraph 1 (OCPS004)","url":"https://www.mass.gov/doc/request-not-to-seal-criminal-records-under-gl-c-276-ss100c-paragraph-1/download"}],"cost":{"filing_fee_usd":0,"detail":"No fee.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":null,"statute":{"cite":"G.L. c. 276, § 100C (first paragraph)","url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100C"},"sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100C","title":"G.L. c. 276, § 100C. Sealing of records or files in certain criminal cases","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://www.masslegalservices.org/content/sealing-offenses-ended-not-guilty-finding","title":"Sealing of offenses that ended in a not guilty finding (Pauline Quirion, 11/16/25)","publisher":"Massachusetts Law Reform Institute (MassLegalServices.org)","accessed":"2026-10-22"},{"url":"https://www.mass.gov/doc/request-not-to-seal-criminal-records-under-gl-c-276-ss100c-paragraph-1/download","title":"Request Not to Seal Criminal Records, for records entered on/after March 11, 2024 (OCPS004, rev. 01/24)","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://www.mass.gov/seal-your-criminal-record","title":"Seal Your Criminal Record","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/massachusetts-law-about-criminal-records-cori","title":"Massachusetts law about criminal records (CORI) (last updated August 18, 2026)","publisher":"Trial Court Law Libraries","accessed":"2026-10-22"}]},{"id":"court-sealing-dismissal-nolle","name":"Court petition to seal a dismissal or nolle prosequi","type":"sealing","effect":"The court orders the clerk to seal the case, and the clerk notifies the Commissioner of Probation and probation officers, who seal their records. Authorized non-law-enforcement inquirers are told no record exists, applicants for jobs, housing or licenses may answer 'no record' about arrests or criminal court appearances, and the record can't disqualify a person from public employment. After a guilty finding in a later case, the sealed record is available to the probation officer and the court (G.L. c. 276, § 100C).","covers":"Cases dismissed by the court or ended by a nolle prosequi (the prosecutor dropped the case), with no waiting period.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["A case where a nolle prosequi was entered or the court entered a dismissal, if the judge finds that sealing would serve substantial justice (§ 100C, second paragraph). Courts apply a 'good cause' standard (Commonwealth v. Pon, 2014, per Greater Boston Legal Services).","Greater Boston Legal Services says this includes cases dismissed after probation or a continuance without a finding. The Probation Service's eligibility page describes the route as a court dismissal 'without probation', so ask the clerk or legal aid how your court treats a dismissed CWOF.","The judge may consider the disadvantages your record causes (jobs, housing, public assistance, advancement, volunteering), evidence of rehabilitation, your circumstances at the time of the offense, how much time has passed, and why the case was dismissed or dropped (mass.gov).","Greater Boston Legal Services reports success filing in court to seal older not-guilty findings (from before May 5, 2023) without the mail waiting period (Massachusetts Law Reform Institute)."],"not_eligible":["Convictions (use sealing by mail, or the first-offense drug possession route).","Greater Boston Legal Services warns that a petition is weak if you are in jail or have open criminal cases."],"waiting_periods":[{"record":"Dismissal or nolle prosequi","wait":"None","detail":"Any time after the disposition. The same records can also be sealed by mail after 3 years (misdemeanor) or 7 years (felony)."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your CORI to find every case, and a certified copy of the docket from the clerk's office where the case started (recommended, not required).","Fill out the Petition to Seal Criminal Records for Nolle Prosequi or Dismissal (form TC0057), one petition per case, and attach anything that supports your reasons, such as job rejection letters, proof of programs completed or letters of support.","File it with the clerk's office of the court where the case started. In the Boston Municipal Court, you can file one petition for 3 or more dismissals and non-conviction records from 2 or more BMC divisions in the BMC division where you live.","The judge may deny the petition without a hearing if you don't meet the requirements. Otherwise you get a hearing date by mail, notice is posted at the courthouse for at least 7 days, and the clerk notifies Probation and the prosecutor. Some courts use a preliminary hearing and then a final hearing.","At the hearing, explain why there is good cause to seal the record. You may bring a lawyer. If you disagree with the decision, you can appeal to the Appeals Court."],"where":"Clerk's office of the court where the criminal case started (District Court, Boston Municipal Court, Superior Court or Juvenile Court).","forms":[{"name":"Petition to Seal Criminal Records for Nolle Prosequi or Dismissal (TC0057)","url":"https://www.mass.gov/doc/petition-to-seal-criminal-records-for-nolle-prosequi-or-dismissal/download"},{"name":"General Motion (TC0059)","url":"https://www.mass.gov/doc/general-motion-tc0059/download"}],"cost":{"filing_fee_usd":0,"detail":"The Probation Service says there is no fee to request sealing, and Greater Boston Legal Services says the court process is free.","fee_waiver":"not_stated","fee_waiver_detail":"No fee to waive."},"hearing":"sometimes","timeline":"The hearing is set at least 7 days after filing (form TC0057). In the BMC, when sealing records from several divisions, the final hearing is 30 to 45 days after the preliminary hearing or filing, and the petition must be sent to the Suffolk County District Attorney at least 30 days before it.","statute":{"cite":"G.L. c. 276, § 100C (second paragraph)","url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100C"},"sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100C","title":"G.L. c. 276, § 100C","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://www.mass.gov/how-to/request-to-seal-your-criminal-record","title":"Request to seal your criminal record","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/find-out-if-you-can-seal-your-criminal-record","title":"Find out if you can seal your criminal record","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://www.mass.gov/doc/petition-to-seal-criminal-records-for-nolle-prosequi-or-dismissal/download","title":"Petition to Seal Criminal Records for Nolle Prosequi or Dismissal (TC0057, 2/24)","publisher":"Massachusetts Trial Court","accessed":"2026-10-22"},{"url":"https://www.masslegalhelp.org/criminal-records-cori-licenses/criminal-offender-record-information-cori/sealing-your-cori","title":"Sealing your CORI (Greater Boston Legal Services, reviewed May 2024)","publisher":"Massachusetts Legal Help","accessed":"2026-10-22"},{"url":"https://www.masslegalservices.org/content/sealing-offenses-ended-not-guilty-finding","title":"Sealing of offenses that ended in a not guilty finding","publisher":"Massachusetts Law Reform Institute (MassLegalServices.org)","accessed":"2026-10-22"}]},{"id":"drug-possession-sealing","name":"Court sealing for drug possession cases","type":"sealing","effect":"The court may dismiss the case and seal all official records of the arrest, conviction, probation or continuance. Police and law enforcement records that are not public records are not sealed, and Probation keeps a separate file used only to check eligibility for this route later. A conviction sealed this way is not treated as a conviction for any disqualification or other purpose, and the person can't be charged with perjury or making a false statement for not mentioning it (G.L. c. 94C, § 34).","covers":"A first drug possession case that ended in a CWOF or probation that was completed without violations, and drug possession charges that ended in not guilty, dismissal or nolle prosequi.","outcomes":["no_conviction","diversion","misdemeanor"],"narrow":"Drug possession cases only","eligible":["A drug possession charge under G.L. c. 94C, § 34 where you had no earlier conviction under Massachusetts drug law and no drug-related felony conviction in another state or federal court, your case was continued without a finding or you were convicted and placed on probation, and you didn't violate the conditions. At the end of that period the court may dismiss the case and seal the records (§ 34).","A first conviction for possessing marijuana or a Class E substance with no earlier conviction under Massachusetts drug law: the court places the person on probation unless they decline or the court gives written reasons, and on successful completion the case is dismissed and the records sealed (§ 34).","A drug possession charge that ended in not guilty, dismissal or nolle prosequi: the court shall order the records sealed (G.L. c. 94C, § 44)."],"not_eligible":["People with an earlier drug conviction or a drug-related felony conviction in any state or federal court (§ 34).","Drug distribution, trafficking and possession with intent to distribute charges (this route is only for possession under § 34)."],"waiting_periods":[{"record":"First drug possession with CWOF or probation","wait":"At the end of the CWOF or probation period, if no conditions were violated","detail":"Greater Boston Legal Services lists this as the only conviction a judge can seal; other convictions are sealed by mail after the waiting period."},{"record":"Drug possession charge ending in not guilty, dismissal or nolle prosequi","wait":"None","detail":"§ 44."}],"automatic":"some","automatic_detail":"Section 44 says the court shall order sealing after a not-guilty finding, dismissal or nolle prosequi of a drug possession charge, and § 34 says a first marijuana or Class E possession case is dismissed and sealed after probation is completed. Ask the clerk whether your records were sealed; if not, ask the court that handled the case.","how_to_file":["Ask the court that handled the case to dismiss and seal it when the CWOF or probation ends, or later by petition. Greater Boston Legal Services says court sealing petitions are available online or at the courthouse.","Attach the docket and anything showing you completed the CWOF or probation terms."],"where":"The court that handled the drug possession case.","forms":[],"cost":{"filing_fee_usd":0,"detail":"Greater Boston Legal Services says the court sealing process is free.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"G.L. c. 94C, §§ 34, 44","url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94C/Section34"},"sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94C/Section34","title":"G.L. c. 94C, § 34. Unlawful possession of particular controlled substances","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94C/Section44","title":"G.L. c. 94C, § 44. Violations of Sec. 34; acquittal, dismissal or indictment nol prossed; sealing of records","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://www.masslegalhelp.org/criminal-records-cori-licenses/criminal-offender-record-information-cori/sealing-your-cori","title":"Sealing your CORI (Greater Boston Legal Services, reviewed May 2024)","publisher":"Massachusetts Legal Help","accessed":"2026-10-22"}]},{"id":"time-based-expungement","name":"Time-based expungement (offenses before age 21)","type":"expungement","effect":"Expungement permanently erases or destroys the record so it is no longer kept by or available to the court, criminal justice agencies or any state, county or city agency (G.L. c. 276, § 100E). Agencies must answer any inquiry, including from other criminal justice agencies, by saying no record exists (§ 100L). You can't be charged with perjury or making a false statement for not mentioning the record (§ 100M), and you may answer 'no record' on job applications, which must say so (§ 100N). Expunged records can't be used in court, before boards or commissions, or to decide licensing for a trade or profession (§ 100N). The state notifies the FBI and U.S. Department of Justice and asks them to expunge the record too (§ 100T).","covers":"Up to two records (convictions, juvenile adjudications or non-convictions) for offenses committed before the person turned 21, after a waiting period.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":"Offenses committed before age 21 only","eligible":["All offenses in the petition happened before your 21st birthday (G.L. c. 276, § 100I(a)(2); the Petition to Expunge form also says 'I was under 21 years of age at the time the offense was committed').","No more than 2 records; multiple offenses from the same incident count as one (§§ 100F-100H).","At least 7 years have passed if the records include a felony, or 3 years if they include only misdemeanors, counting any incarceration, custody or probation (§ 100I(a)(3)).","No other criminal or juvenile court appearances or dispositions on file in Massachusetts, another state, a U.S. possession or federal court, except motor vehicle offenses with a fine of $50 or less (§ 100I(a)(4)-(5)).","You certify that, to your knowledge, you are not the subject of an active criminal investigation (§ 100I(a)(6)).","The court decides based on the interests of justice and enters written findings (§§ 100F-100H)."],"not_eligible":["Offenses resulting in death or serious bodily injury, or committed with intent to cause death or serious bodily injury (§ 100J).","Offenses committed while armed with a dangerous weapon, and offenses against a person 60 or older or a person with a disability (§ 100J).","Sex offenses, sex offenses involving a child and sexually violent offenses (§ 100J).","Operating under the influence (OUI) under G.L. c. 90, § 24 (§ 100J(9)).","Firearms offenses under G.L. c. 140, §§ 121-131Q and c. 269, § 10(a)-(d) and § 10E (§ 100J).","Violations of abuse prevention, harassment prevention and other protective orders (§ 100J).","Assault or assault and battery on a family or household member (c. 265, § 13M), and any felony under chapter 265, crimes against the person (§ 100J).","A violation of an abuse or harassment prevention order is treated as a felony for the waiting period (§ 100I)."],"waiting_periods":[{"record":"Records that include a felony","wait":"7 years","detail":"Counting any period of incarceration, custody or probation (§ 100I)."},{"record":"Misdemeanor records only","wait":"3 years","detail":"Counting any period of incarceration, custody or probation (§ 100I)."}],"automatic":"no","automatic_detail":null,"how_to_file":["Make copies of any court records you want to keep first; once the record is destroyed, the court can't give you copies (mass.gov).","Fill out the Petition to Expunge (PROB0002) and check the box for an adult conviction (§ 100G), a non-conviction (§ 100H) or a juvenile adjudication (§ 100F). You may attach information supporting your petition.","Mail it to the Office of the Commissioner of Probation, One Ashburton Place, Room 405, Boston, MA 02108.","Probation certifies whether you are eligible (within 60 days, or 30 days for non-convictions) and, if you are, notifies the district attorney, who has 60 days (30 for non-convictions) to object.","Probation sends the petition to the court. If the district attorney objected, the court holds a hearing within 21 days; if not, the judge may decide without one. Hearings are closed to the public (§ 100P).","If the petition is granted, the clerk gives you a copy of the order."],"where":"Office of the Commissioner of Probation, which forwards the petition to the court where the case was handled.","forms":[{"name":"Petition to Expunge (PROB0002), online form","url":"https://courtforms.jud.state.ma.us/publicforms/PROB0002"},{"name":"Petition to Expunge, downloadable version","url":"https://www.mass.gov/doc/courts-dwnld-petition-to-expunge-form/download"}],"cost":{"filing_fee_usd":0,"detail":"The Probation Service says 'The process is free.'","fee_waiver":"not_stated","fee_waiver_detail":"No fee to waive."},"hearing":"sometimes","timeline":"Probation has 60 days to certify (30 for non-convictions); the district attorney has 60 days to object (30 for non-convictions); if there is an objection, the court must hold a hearing within 21 days of getting the petition (§§ 100F-100H).","statute":{"cite":"G.L. c. 276, §§ 100E-100J, 100L-100T","url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100I"},"sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100E","title":"G.L. c. 276, § 100E. Definitions","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100G","title":"G.L. c. 276, § 100G. Petition for expungement of record of conviction (also read: §§ 100F, 100H)","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100I","title":"G.L. c. 276, § 100I. Certification of eligibility for expungement","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100J","title":"G.L. c. 276, § 100J. Offenses excluded from eligibility of record for expungement","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100N","title":"G.L. c. 276, § 100N (also read: §§ 100L, 100M, 100O-100T)","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/find-out-if-you-can-expunge-your-criminal-record","title":"Find out if you can expunge your criminal record","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://www.mass.gov/how-to/request-a-time-based-expungement-of-your-criminal-record","title":"Request a time-based expungement of your criminal record","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://courtforms.jud.state.ma.us/publicforms/PROB0002","title":"Petition to Expunge Form (revised 10/11/2018)","publisher":"Massachusetts Trial Court","accessed":"2026-10-22"}]},{"id":"non-time-based-expungement","name":"Non-time-based expungement (identity theft, errors, fraud, decriminalized offenses)","type":"expungement","effect":"Same effect as other expungement: the record is permanently destroyed, agencies report that no record exists, you may answer 'no record', and the FBI is asked to expunge it too (G.L. c. 276, §§ 100E, 100L-100N, 100T).","covers":"Records created by false identification, identity theft, errors by police, witnesses or court staff, fraud on the court, or an offense that is no longer a crime.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":"Identity theft, errors, fraud or decriminalized offenses","eligible":["The court finds by clear and convincing evidence that the record was created because of false identification of the petitioner or unauthorized use or theft of the petitioner's identity (§ 100K(a)(1)).","An offense that is no longer a crime, unless its elements are still a crime under another name (§ 100K(a)(2)). The Probation Service gives possessing small amounts of marijuana as an example.","Demonstrable errors by law enforcement, by civilian or expert witnesses, or by court employees, or demonstrable fraud on the court (§ 100K(a)(3)-(6)).","The age limit, two-record limit, waiting periods and offense exclusions of time-based expungement don't apply (§ 100K(a))."],"not_eligible":["Records that don't fit one of the listed reasons; the judge also decides whether expungement is in the interests of justice (§ 100K(b))."],"waiting_periods":[{"record":"Any eligible record","wait":"None","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Make copies of any records you want to keep before filing.","Fill out the Petition for Expungement, listing all charges in the case and giving as much detail as you can, with supporting documents. Use a separate petition for each case.","File it with the clerk's office in the court where the case was heard, and give a copy of everything to the district attorney's office that prosecuted the case on or before the day you file.","Check the box if you want a hearing; the court must hold one if you or the district attorney ask (§ 100K(b))."],"where":"Clerk's office of the court where the case was heard.","forms":[{"name":"Petition for Expungement (G.L. c. 276, § 100K)","url":"https://www.mass.gov/doc/petition-for-expungement-form/download"}],"cost":{"filing_fee_usd":0,"detail":"The court's non-time-based expungement page doesn't list a fee, and Greater Boston Legal Services' Know Your CORI Rights booklet (June 2024) says 'The process is free.'","fee_waiver":"not_stated","fee_waiver_detail":"No fee to waive."},"hearing":"sometimes","timeline":null,"statute":{"cite":"G.L. c. 276, § 100K","url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100K"},"sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100K","title":"G.L. c. 276, § 100K","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://www.mass.gov/how-to/request-a-non-time-based-expungement-of-your-criminal-record","title":"Request a non-time-based expungement of your criminal record","publisher":"Massachusetts Court System","accessed":"2026-10-22"},{"url":"https://www.masslegalservices.org/system/files/library/2024%20GBLS%20Know%20your%20CORI%20Rights%206-4-2024%20updated.pdf","title":"Know Your CORI Rights: Sealing and Expungement of Criminal and Juvenile Records (Greater Boston Legal Services, updated June 2024)","publisher":"Massachusetts Law Reform Institute (MassLegalServices.org)","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/find-out-if-you-can-expunge-your-criminal-record","title":"Find out if you can expunge your criminal record","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"}]},{"id":"marijuana-expungement","name":"Expungement of decriminalized marijuana offenses","type":"expungement","effect":"Expungement means the record is permanently erased or destroyed so courts and state, county and city agencies no longer keep it (G.L. c. 276, § 100E). The clerk gives you a certified copy of the order, the docket sheets and the complaint, and the order goes to the court clerk, the Commissioner of Probation and DCJIS (§ 100K1/4(c)).","covers":"Records for possessing, cultivating, possessing with intent to distribute or distributing amounts of marijuana that were later decriminalized.","outcomes":["no_conviction","diversion","misdemeanor"],"narrow":"Decriminalized amounts of marijuana only","eligible":["Possession or cultivation of an amount of marijuana decriminalized by chapter 387 of the Acts of 2008, chapter 334 of the Acts of 2016 or chapter 55 of the Acts of 2017 (§ 100K1/4(a)).","Possession with intent to distribute, or distribution, based on such an amount (§ 100K1/4(a)).","The age limit, record limit, waiting periods and exclusions of time-based expungement don't apply, and the court 'shall' order expungement within 30 days of the petition (§ 100K1/4(a))."],"not_eligible":["Marijuana offenses involving amounts that were not decriminalized by those laws."],"waiting_periods":[{"record":"Eligible marijuana record","wait":"None","detail":"The court must rule within 30 days of the petition (§ 100K1/4(a))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Fill out the Petition for Expungement of Marijuana Offenses.","File it with the court where the case was handled. The court must hold a hearing if you or the district attorney ask for one, and must enter written findings (§ 100K1/4(b))."],"where":"The court where the case was handled.","forms":[{"name":"Petition for Expungement of Marijuana Offenses","url":"https://www.mass.gov/doc/petition-for-expungement-of-marijuana-offenses-form/download"}],"cost":{"filing_fee_usd":null,"detail":"No fee was listed on the official pages we read.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The court must order expungement within 30 days of the petition (§ 100K1/4(a)).","statute":{"cite":"G.L. c. 276, § 100K1/4","url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100K1~4"},"sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100K1~4","title":"G.L. c. 276, § 100K1/4. Expungement of record resulting from certain possession or cultivation of marijuana offenses","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100E","title":"G.L. c. 276, § 100E. Definitions (expungement)","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/mass-general-laws-c276-ss-100k-14","title":"Mass. General Laws c.276 § 100K 1/4 (added by St. 2022, c. 180, § 23, effective November 9, 2022)","publisher":"Trial Court Law Libraries","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/massachusetts-law-about-criminal-records-cori","title":"Massachusetts law about criminal records (CORI)","publisher":"Trial Court Law Libraries","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"Massachusetts has no broad Clean Slate law. Two kinds of records are sealed without a petition: charges that end in a not-guilty finding, a grand jury no-bill or a no-probable-cause finding (G.L. c. 276, § 100C, first paragraph), which the Supreme Judicial Court held in Commonwealth v. J.F. (May 5, 2023) must be sealed immediately unless the person objects, with Probation's opt-out form covering records entered on or after March 11, 2024; and drug possession charges that end in not guilty, dismissal or nolle prosequi, which the court 'shall' order sealed (G.L. c. 94C, § 44). Clean Slate bills that would make sealing of convictions automatic after the waiting period were filed in the 2025-2026 session (H.1811, sent to a study order March 26, 2026; S.1114, reported favorably and sent to Senate Ways and Means June 16, 2025). In the economic development bill, House Amendment #155 (automated sealing) was listed among the amendments covered by Consolidated Amendment C, but neither that consolidated amendment nor the bill the House passed on July 8, 2026 (H.5576) contains any record-sealing provision. The Senate's version (S.3228, passed July 24, 2026) does include automated sealing of § 100A and § 100B records, which would take effect when the Commissioner of Probation certifies the system is ready or on July 1, 2030, whichever comes first. The two versions have been in a conference committee since July 30, 2026. As of October 22, 2026 the legislature's site shows no conference report, so automatic sealing of convictions is not law.","sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100C","title":"G.L. c. 276, § 100C","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://www.masslegalservices.org/content/sealing-offenses-ended-not-guilty-finding","title":"Sealing of offenses that ended in a not guilty finding","publisher":"Massachusetts Law Reform Institute (MassLegalServices.org)","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94C/Section44","title":"G.L. c. 94C, § 44","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Bills/194/H1811/BillHistory","title":"Bill H.1811, An Act requiring clean slate automated record sealing (bill history)","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Bills/194/S1114/BillHistory","title":"Bill S.1114, An Act requiring clean slate automated record sealing (bill history)","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Bills/GetAmendmentContent/194/H5562/155/House/Content","title":"Amendment #155 to H.5562, Clean Slate Automated Record Sealing","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Bills/GetAmendmentContent/194/H5562/C/House/Content","title":"Consolidated Amendment C to H.5562 (lists Amendment #155; no record-sealing text)","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Bills/194/H5576/BillHistory","title":"Bill H.5576, An Act relative to economic development in the commonwealth (bill history and House-passed text)","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Bills/194/S3228","title":"S.3228, Senate amendment to H.5576 (sections 305-309 and 354: automated sealing and its effective date)","publisher":"General Court of Massachusetts","accessed":"2026-10-22"}]},"marijuana":{"detail":"Massachusetts has three marijuana-specific routes. (1) Expungement: a court must, within 30 days of a petition, expunge records for possessing or cultivating amounts of marijuana decriminalized in 2008, 2016 or 2017, and for possession with intent to distribute or distribution based on those amounts (G.L. c. 276, § 100K1/4, effective November 9, 2022). Other decriminalized offenses can be expunged under § 100K or sealed right away under § 100A. (2) Governor's pardon: Governor Healey's pardon, approved by the Governor's Council on April 3, 2024, forgives all Massachusetts state-court misdemeanor convictions for simple marijuana possession before March 13, 2024. It does not cover continuances without a finding, possession with intent to distribute, distribution, trafficking, OUI, out-of-state or federal convictions, or people under 21 at the time of the pardon. State agencies are updating many records without any action, though the Governor's office says not every record can be updated that way, and the pardon does not seal or expunge the record: you can check a box on the online pardon certificate request to ask for sealing, or request sealing or expungement yourself. (3) First-offense possession: a first marijuana possession conviction leads to probation and, once completed, dismissal and sealing (G.L. c. 94C, § 34). Separately, St. 2026, c. 65 (approved April 19, 2026) raised the adult possession limit from 1 ounce to 2 ounces; it contains no new sealing or expungement provisions, and § 100K1/4 still names only the 2008, 2016 and 2017 laws, so for an older record involving an amount decriminalized only in 2026, ask legal aid whether § 100K or § 100A fits.","sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100K1~4","title":"G.L. c. 276, § 100K1/4","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/marijuana-pardons-frequently-asked-questions","title":"Marijuana Pardons Frequently Asked Questions","publisher":"Office of Governor Maura Healey","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94C/Section34","title":"G.L. c. 94C, § 34","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/SessionLaws/Acts/2026/Chapter65","title":"Acts of 2026, Chapter 65: An Act modernizing the commonwealth's cannabis laws","publisher":"General Court of Massachusetts","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Not-guilty findings, grand jury no-bills and no-probable-cause findings are sealed automatically unless you object (G.L. c. 276, § 100C; Commonwealth v. J.F., 2023); older not-guilty findings may need a petition. Dismissals and nolle prosequis can be sealed by a judge at any time if the judge finds good cause (§ 100C, second paragraph), or by mail through Probation after 3 years (misdemeanor) or 7 years (felony) under § 100A. Drug possession charges that end in not guilty, dismissal or nolle prosequi are sealed by court order (G.L. c. 94C, § 44). A case continued without a finding (CWOF) and then dismissed is not a conviction; Greater Boston Legal Services says it can be sealed in court or by mail, with the mail waiting period starting at the CWOF date. People who were under 21 at the time can ask to expunge up to two non-conviction records after the waiting period (§ 100H). Employers may not ask about arrests or cases that did not end in a conviction, including CWOFs (G.L. c. 151B, § 4(9); Attorney General).","sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100C","title":"G.L. c. 276, § 100C","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100H","title":"G.L. c. 276, § 100H","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94C/Section44","title":"G.L. c. 94C, § 44","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://www.masslegalhelp.org/criminal-records-cori-licenses/criminal-offender-record-information-cori/sealing-your-cori","title":"Sealing your CORI","publisher":"Massachusetts Legal Help","accessed":"2026-10-22"},{"url":"https://www.masslegalservices.org/content/sealing-offenses-ended-not-guilty-finding","title":"Sealing of offenses that ended in a not guilty finding","publisher":"Massachusetts Law Reform Institute (MassLegalServices.org)","accessed":"2026-10-22"},{"url":"https://www.mass.gov/guides/guide-to-criminal-records-in-employment-and-housing","title":"Guide to Criminal Records in Employment and Housing","publisher":"Massachusetts Attorney General's Office","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"An OUI (operating under the influence) conviction can be sealed by mail, but it is excluded from time-based expungement; only the non-time-based route for identity theft, errors or fraud (§ 100K) could expunge one. OUI is not on the list of convictions that can never be sealed (G.L. c. 276, § 100A), so a first or second OUI, which carries up to 2.5 years in a house of correction and is a misdemeanor, can be sealed after 3 years, and a third or later OUI, which can carry a state prison sentence and is a felony, after 7 years (G.L. c. 90, § 24; § 100A). An OUI that was continued without a finding and dismissed can be sealed in court or by mail. OUI is excluded from time-based expungement (§ 100J(9)) and from the Governor's 2024 marijuana pardon. Sealing has limits for OUI: sealed records can still be used to impose sentence in a later criminal case (§ 100A), criminal justice agencies keep access (§ 100D), and the OUI law counts earlier convictions and assignments to an alcohol or drug education program from any jurisdiction when setting penalties for a repeat offense (G.L. c. 90, § 24). We did not confirm how sealing affects Registry of Motor Vehicles driving records.","sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section24","title":"G.L. c. 90, § 24. Driving while under influence of intoxicating liquor, etc.","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100A","title":"G.L. c. 276, § 100A","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100J","title":"G.L. c. 276, § 100J","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/find-out-if-you-can-expunge-your-criminal-record","title":"Find out if you can expunge your criminal record","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/marijuana-pardons-frequently-asked-questions","title":"Marijuana Pardons Frequently Asked Questions","publisher":"Office of Governor Maura Healey","accessed":"2026-10-22"}]},"employers":{"detail":"Massachusetts' fair-chance ('ban the box') law covers private employers: an employer may not ask about criminal records on its initial written application, except for jobs where a federal or state law creates a mandatory or presumptive disqualification for certain convictions, or where the employer is legally barred from hiring people with certain convictions (G.L. c. 151B, § 4(9½)). At no point may an employer ask about, or keep a record of, an arrest or case that did not end in a conviction, a first conviction for drunkenness, simple assault, speeding, minor traffic violations, affray or disturbance of the peace, a misdemeanor conviction 3 or more years old (counting from conviction or release from incarceration) unless there was another conviction in the last 3 years, or any record that has been sealed or expunged (§ 4(9)). The Attorney General says this includes CWOFs and juvenile records, that employers may never ask you for a copy of your own CORI, and that an employer must notify you and give you a copy of your criminal history before refusing to hire you because of it. A person with a sealed record may answer 'no record' on job, housing and license applications (G.L. c. 276, §§ 100A, 100C), and employers' application forms that ask about criminal history must say that a person with an expunged record may answer 'no record' (§ 100N). In a negligence claim, an employer or landlord is presumed not to have known about a sealed or expunged record (§ 100S). Employers using the state CORI system generally see felony convictions for 10 years and misdemeanor convictions for 5 years after the disposition or release, plus pending cases, including open CWOFs (G.L. c. 6, § 172(a)(3)); murder, manslaughter and sex offense convictions punishable by state prison stay available permanently unless sealed (§ 172(b)).","sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4","title":"G.L. c. 151B, § 4 (subsections 9 and 9½)","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://www.mass.gov/guides/guide-to-criminal-records-in-employment-and-housing","title":"Guide to Criminal Records in Employment and Housing","publisher":"Massachusetts Attorney General's Office","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100N","title":"G.L. c. 276, § 100N","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100S","title":"G.L. c. 276, § 100S","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section172","title":"G.L. c. 6, § 172","publisher":"General Court of Massachusetts","accessed":"2026-10-22"}]},"free_help":[{"name":"Massachusetts Legal Help: Sealing your CORI","url":"https://www.masslegalhelp.org/criminal-records-cori-licenses/criminal-offender-record-information-cori/sealing-your-cori","type":"legal_aid","detail":"Statewide legal aid site with plain-language guides to sealing by mail and in court, and a Legal Resource Finder that lists free help, including CORI sealing clinics on Zoom."},{"name":"Greater Boston Legal Services: CORI and record sealing self-help","url":"https://www.gbls.org/get-legal-help/self-help/criminal-and-juvenile-record-sealing","type":"legal_aid","detail":"Free self-help booklets on sealing, expungement, never-sealable crimes and marijuana pardon certificates, plus a free step-by-step online sealing tool; Boston-area help line 617-371-1234."},{"name":"Lawyers Clearinghouse CORI Sealing and Expungement Clinic","url":"https://lawyersclearinghouse.org/clinic-programs/","type":"legal_aid","detail":"Free virtual clinics with volunteer lawyers to seal or expunge Massachusetts records; no income cap; join the waitlist online."},{"name":"Massachusetts Probation Service: Seal Your Criminal Record","url":"https://www.mass.gov/seal-your-criminal-record","type":"court_self_help","detail":"Official eligibility pages and forms for sealing and expungement; Office of the Commissioner of Probation, 617-727-5300."},{"name":"Trial Court Law Libraries: Massachusetts law about criminal records (CORI)","url":"https://www.mass.gov/info-details/massachusetts-law-about-criminal-records-cori","type":"court_self_help","detail":"Law librarians' guide to the statutes, forms and cases, with chat or text help from a law librarian."},{"name":"Attorney General's Civil Rights Division","url":"https://www.mass.gov/guides/guide-to-criminal-records-in-employment-and-housing","type":"state_agency","detail":"Explains your rights with employers and landlords and takes complaints, (617) 963-2917."}],"sources":[{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100A","title":"G.L. c. 276, § 100A","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100C","title":"G.L. c. 276, § 100C","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100I","title":"G.L. c. 276, § 100I","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100J","title":"G.L. c. 276, § 100J","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100K","title":"G.L. c. 276, § 100K","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100K1~4","title":"G.L. c. 276, § 100K1/4","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4","title":"G.L. c. 151B, § 4","publisher":"General Court of Massachusetts","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/find-out-if-you-can-seal-your-criminal-record","title":"Find out if you can seal your criminal record","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://www.mass.gov/how-to/request-to-seal-your-criminal-record","title":"Request to seal your criminal record","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/find-out-if-you-can-expunge-your-criminal-record","title":"Find out if you can expunge your criminal record","publisher":"Massachusetts Probation Service","accessed":"2026-10-22"},{"url":"https://www.mass.gov/info-details/massachusetts-law-about-criminal-records-cori","title":"Massachusetts law about criminal records (CORI)","publisher":"Trial Court Law Libraries","accessed":"2026-10-22"},{"url":"https://www.mass.gov/guides/guide-to-criminal-records-in-employment-and-housing","title":"Guide to Criminal Records in Employment and Housing","publisher":"Massachusetts Attorney General's Office","accessed":"2026-10-22"},{"url":"https://www.masslegalhelp.org/criminal-records-cori-licenses/criminal-offender-record-information-cori/sealing-your-cori","title":"Sealing your CORI","publisher":"Massachusetts Legal Help","accessed":"2026-10-22"},{"url":"https://masslegalservices.org/system/files/library/rev.GBLS%20AT%20A%20GLANCE%20SEALING.%202024.pdf","title":"GBLS At a Glance: Sealing (2024)","publisher":"Greater Boston Legal Services, via MassLegalServices.org","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"michigan","code":"MI","name":"Michigan","terms":["set aside","expungement","Clean Slate","automatic set-aside"],"summary":"Michigan calls expungement 'setting aside' a conviction. You can apply to set aside up to three felonies and any number of misdemeanors after a 3-, 5- or 7-year wait. Since April 11, 2023, many older convictions are set aside automatically: misdemeanors after 7 years and many felonies after 10. A first-offense drunk driving (OWI) conviction can be set aside by application after 5 years, once in a lifetime. A set-aside conviction becomes nonpublic, but courts, police and some agencies can still see it.","remedies":[{"id":"set-aside-application","name":"Setting aside a conviction by application","type":"set_aside","effect":"You are 'considered not to have been previously convicted,' with exceptions. The conviction can still be used as a prior to charge a repeat offense and at sentencing for habitual-offender purposes. Sex offender registration still applies to listed offenses, and restitution must still be paid (MCL 780.622). The Michigan State Police keep a nonpublic record that only courts, law enforcement, prosecutors, the Attorney General, the Department of Corrections and the Governor can see, for listed purposes such as later sentencing, pardons, and job applications with the Department of Corrections or a law enforcement agency. Anyone else who divulges or uses a set-aside conviction commits a misdemeanor (MCL 780.623). Setting aside a traffic conviction, including OWI, does not have to remove it from your Secretary of State driving record (MCL 780.621c(5)).","covers":"Most Michigan misdemeanor and felony convictions, up to three felonies in a lifetime.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["You may apply to set aside all of your Michigan convictions if you have no more than 3 felony convictions in total, and any number of misdemeanors (MCL 780.621(1)).","No more than 2 convictions for an assaultive crime can be set aside in your lifetime, and no more than 1 felony conviction for the same offense if it is punishable by more than 10 years (MCL 780.621(1)).","Felonies or misdemeanors that happened within 24 hours and arose from the same transaction count as one conviction ('one bad night'), unless any of them is an assaultive crime, involves a dangerous weapon, or carries a maximum of 10 or more years (MCL 780.621b).","A first-offense OWI conviction can be set aside, once in a lifetime (MCL 780.621c(3)).","Deferred-and-dismissed cases count as misdemeanors when your record is counted (MCL 780.621(2)).","Some prostitution-related convictions committed as a direct result of being a human trafficking victim can be set aside at any time (MCL 780.621(3), 780.621d(6))."],"not_eligible":["Felonies with a maximum penalty of life imprisonment, and attempts to commit them (MCL 780.621c(1)(a)).","Listed sex and child-abuse offenses: first-, second- and third-degree criminal sexual conduct, assault with intent to commit CSC, child sexually abusive material, using a computer to solicit a minor, first- and second-degree child abuse, and child abuse committed in the presence of another child. Fourth-degree CSC is barred if the conviction was on or after January 12, 2015; an earlier fourth-degree CSC conviction can be set aside only if you have no other convictions except up to two minor offenses (MCL 780.621(1)(d), 780.621c(1); Michigan Legal Help).","A second or later OWI, any traffic offense committed by a commercial license holder while driving a commercial vehicle, and any traffic offense that caused injury or death (MCL 780.621c(1)(d)).","A felony domestic violence conviction when you have a prior misdemeanor domestic violence conviction (MCL 780.621c(1)(e)).","Human trafficking and terrorism-chapter offenses listed in MCL 780.621c(1)(f).","Anyone with criminal charges pending, or convicted of any offense during the waiting period (MCL 780.621d(4))."],"waiting_periods":[{"record":"More than one felony","wait":"7 years","detail":"From the latest of sentencing, completion of felony probation, discharge from parole, or completion of imprisonment (MCL 780.621d(1))."},{"record":"One felony, one or more serious misdemeanors, or a first-offense OWI","wait":"5 years","detail":"From the latest of sentencing, completion of probation, discharge from parole, or completion of imprisonment (MCL 780.621d(2))."},{"record":"Other misdemeanors (not serious misdemeanors, OWI or assaultive)","wait":"3 years","detail":"From the latest of sentencing, completion of imprisonment, or completion of probation (MCL 780.621d(3))."},{"record":"Prostitution-related conviction of a human trafficking victim","wait":"Any time after conviction","detail":"MCL 780.621d(6)"},{"record":"After a denial","wait":"Generally 3 years before reapplying for the same conviction","detail":"Unless the court sets an earlier date (MCL 780.621d(5))."}],"automatic":"some","automatic_detail":"Many convictions are now set aside automatically (see Automatic set-aside). OWI convictions can only be set aside by application (MCL 780.621c(3)).","how_to_file":["Fill out an Application to Set Aside Conviction and sign it under oath (have it notarized). Michigan Legal Help's Do-It-Yourself Expungement tool fills out the forms for you.","Get a certified record of each conviction from the court that convicted you, and make copies.","Get one full set of fingerprints at a local police station or a Michigan State Police post.","File the application with the court where you were convicted.","Send a copy of the application, the certified records and your fingerprints to the Michigan State Police with a $50 check or money order payable to the State of Michigan. The court cannot act until it gets the State Police report.","Send copies of the application and certified records to the Michigan Attorney General and to the prosecutor who handled each case. They may contest the application. Crime victims of assaultive crimes and serious misdemeanors are notified and may speak.","Attend the hearing. Be ready to explain why the conviction should be set aside and how you have lived since. The judge must find that your circumstances and behavior warrant it and that it is consistent with the public welfare (MCL 780.621d; Michigan Legal Help)."],"where":"The court that convicted you (Michigan Legal Help; MCL 780.621f(3)).","forms":[{"name":"Do-It-Yourself Expungement (Adult Conviction) tool","url":"https://michiganlegalhelp.org/resources/crime-and-traffic/do-it-yourself-expungement-adult-conviction"},{"name":"Notice of Hearing and Motion (MC 326), for a motion for rehearing after a denial","url":"https://www.courts.mi.gov/siteassets/forms/scao-approved/mc326.pdf"}],"cost":{"filing_fee_usd":50,"detail":"The application fee is $50, payable to the State of Michigan and sent with your packet to the Michigan State Police (MCL 780.621d(9); Michigan Legal Help). Fingerprinting and certified copies of your conviction records may cost extra.","fee_waiver":"not_stated","fee_waiver_detail":"Neither the statute text we read nor Michigan Legal Help's application article mentions a waiver of the $50 fee."},"hearing":"yes","timeline":"Michigan Legal Help says the process can take about six months or more.","statute":{"cite":"MCL 780.621-780.621d (Setting Aside Convictions Act, 1965 PA 213)","url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-621d"},"sources":[{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621/","title":"MCL 780.621 (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621b/","title":"MCL 780.621b (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621c/","title":"MCL 780.621c (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621d/","title":"MCL 780.621d (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-622/","title":"MCL 780.622 (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-623/","title":"MCL 780.623 (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://michiganlegalhelp.org/resources/crime-and-traffic/applying-set-aside-expunge-adult-criminal-conviction","title":"Applying to Set Aside (Expunge) an Adult Criminal Conviction","publisher":"Michigan Legal Help","accessed":"2026-10-21"},{"url":"https://michiganlegalhelp.org/resources/crime-and-traffic/what-convictions-can-you-expunge-set-aside-application","title":"What Convictions Can You Expunge (Set Aside) with an Application?","publisher":"Michigan Legal Help","accessed":"2026-10-21"},{"url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-621","title":"MCL 780.621 (history through 2023 PA 205)","publisher":"Michigan Legislature","accessed":"2026-10-22"},{"url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-621c","title":"MCL 780.621c (history through 2021 PA 79)","publisher":"Michigan Legislature","accessed":"2026-10-22"},{"url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-621d","title":"MCL 780.621d (history through 2021 PA 82)","publisher":"Michigan Legislature","accessed":"2026-10-22"},{"url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-623","title":"MCL 780.623","publisher":"Michigan Legislature","accessed":"2026-10-22"}]},{"id":"automatic-set-aside","name":"Automatic set-aside (Clean Slate)","type":"set_aside","effect":"Same effect as a set-aside by application: the conviction becomes nonpublic and you are considered not previously convicted, with the exceptions in MCL 780.622 and 780.623. Courts, law enforcement and some government agencies can still see it in some situations. Restitution must still be paid. A driving-related conviction stays on your driving record (Michigan Legal Help). A court must reinstate an automatically set-aside conviction if it was not actually eligible, or if you have not made a good-faith effort to pay ordered restitution (MCL 780.621h).","covers":"Many misdemeanors after 7 years and many felonies after 10 years, with no application.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Misdemeanors are set aside 7 years after sentencing (MCL 780.621g(1), (3), (4)).","Felonies are set aside 10 years after the later of sentencing or completion of any prison term (MCL 780.621g(2)). Michigan Legal Help describes the felony clock as starting at the latest of sentencing, probation, jail or prison, or parole.","Lifetime limit: no more than 2 felonies and 4 misdemeanors set aside automatically. Misdemeanors punishable by 92 days or less do not count toward the misdemeanor limit (MCL 780.621g(5)).","For felonies and misdemeanors punishable by 93 days or more: no pending charges in the State Police database and no new conviction during the waiting period (MCL 780.621g(6))."],"not_eligible":["Assaultive crimes, serious misdemeanors, crimes of dishonesty, and offenses punishable by 10 or more years in prison (MCL 780.621g(10)). These exclusions apply to felonies and to misdemeanors in the State Police database; low-level misdemeanors (92 days or less) that are not in that database are not subject to them (MCL 780.621g(1)).","Listed offenses involving a minor, a vulnerable adult, injury or serious impairment, or death, and human trafficking offenses (MCL 780.621g(10)).","Anyone with more than one assaultive crime conviction, for the felony and 93-day-or-more misdemeanor tracks (MCL 780.621g(7)).","OWI convictions (they can only be set aside by application, MCL 780.621c(3)), and anything barred from set-aside in MCL 780.621c (MCL 780.621c(2))."],"waiting_periods":[{"record":"Misdemeanor","wait":"7 years from sentencing","detail":"MCL 780.621g(1), (3), (4)"},{"record":"Felony","wait":"10 years from the later of sentencing or completion of imprisonment","detail":"MCL 780.621g(2)"}],"automatic":"yes","automatic_detail":"The law set automatic set-asides to begin two years after the Clean Slate amendments took effect (April 11, 2021), subject to funding (MCL 780.621g). Michigan Legal Help says the first automatic set-asides ran on April 11, 2023, with daily runs planned after that. You do not need to apply. Courts and the State Police process eligible convictions, and courts notify arresting agencies monthly.","how_to_file":["Nothing to file. To check, search yourself on ICHAT ($10); an expunged conviction should not appear. Search every name you have used.","For a full record, request a Michigan State Police personal record check ($30, fingerprints required). It shows public and expunged convictions.","Call the court for misdemeanors punishable by 92 days or less, which are often not in the State Police database (Michigan Legal Help).","If a private background-check company still reports the conviction, ask it to remove the entry."],"where":"Handled by the courts and the Michigan State Police.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No application or fee. Optional record checks cost $10 (ICHAT) or $30 (State Police personal record check), per Michigan Legal Help.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":null,"statute":{"cite":"MCL 780.621g, 780.621h","url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-621g"},"sources":[{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621g/","title":"MCL 780.621g (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621h/","title":"MCL 780.621h (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://michiganlegalhelp.org/resources/crime-and-traffic/automatic-expungement-set-aside-of-adult-convictions","title":"Automatic Expungement (Set Aside) of Adult Convictions","publisher":"Michigan Legal Help","accessed":"2026-10-21"},{"url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-621g","title":"MCL 780.621g (added by 2020 PA 193; no later amendment listed)","publisher":"Michigan Legislature","accessed":"2026-10-22"}]},{"id":"marijuana-set-aside","name":"Setting aside a misdemeanor marijuana conviction","type":"set_aside","effect":"Same effect as other set-asides (MCL 780.622). You cannot later seek resentencing in another case where this conviction was used, and fines, costs and forfeited property are not returned (MCL 780.621f).","covers":"Misdemeanor marijuana possession, use and paraphernalia convictions, and matching local ordinance violations.","outcomes":["misdemeanor"],"narrow":"Marijuana misdemeanors only","eligible":["A misdemeanor conviction under MCL 333.7403(2)(d) (possession), 333.7404(2)(d) (use), the marijuana provision of 333.7453 (paraphernalia), or a substantially matching local ordinance (MCL 780.621e(7)).","Filing creates a presumption that the conduct would not have been a crime on or after December 6, 2018. The prosecutor must prove otherwise by a preponderance of the evidence (MCL 780.621e)."],"not_eligible":["Conduct the prosecutor shows would still be a crime under state or local law on or after December 6, 2018.","Felony marijuana convictions; use the regular application route instead."],"waiting_periods":[{"record":"Misdemeanor marijuana conviction","wait":"No waiting period","detail":"Applications have been accepted since January 1, 2020 (MCL 780.621e(1); Michigan Legal Help)."}],"automatic":"no","automatic_detail":null,"how_to_file":["File an application with your full name, current address and a certified record of each conviction with the convicting court, and serve a copy on the prosecuting agency.","The prosecutor has 60 days to object. If it does not, the court must enter the set-aside order within 21 days, with no hearing.","If the prosecutor objects, the court holds a hearing within 30 days and rules within 14 days after it. You do not have to present evidence (MCL 780.621e)."],"where":"The court that convicted you.","forms":[],"cost":{"filing_fee_usd":null,"detail":"MCL 780.621e does not mention a fee. Certified conviction records may cost money.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"About 81 days if the prosecutor does not object (60 days to respond plus 21 days for the order).","statute":{"cite":"MCL 780.621e","url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-621e"},"sources":[{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621e/","title":"MCL 780.621e (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621f/","title":"MCL 780.621f (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://michiganlegalhelp.org/resources/crime-and-traffic/what-convictions-can-you-expunge-set-aside-application","title":"What Convictions Can You Expunge (Set Aside) with an Application?","publisher":"Michigan Legal Help","accessed":"2026-10-21"}]}],"clean_slate":{"status":"in_effect","effective":"2023-04-11","detail":"Michigan's Clean Slate laws (2020 PA 187-193, effective April 11, 2021) set aside many convictions automatically, with no application: misdemeanors after 7 years and non-assaultive felonies after 10 years. The lifetime limit is 2 felonies and 4 misdemeanors (low-level misdemeanors don't count toward the 4). Assaultive crimes, serious misdemeanors, crimes of dishonesty, 10-year-plus offenses, human trafficking and OWI are excluded (MCL 780.621g, 780.621c). The statute set the start two years after the effective date, subject to funding. Michigan Legal Help says automatic set-asides began April 11, 2023.","sources":[{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621g/","title":"MCL 780.621g (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://michiganlegalhelp.org/resources/crime-and-traffic/automatic-expungement-set-aside-of-adult-convictions","title":"Automatic Expungement (Set Aside) of Adult Convictions","publisher":"Michigan Legal Help","accessed":"2026-10-21"}]},"marijuana":{"detail":"Misdemeanor marijuana possession, use and paraphernalia convictions (and matching local ordinances) can be set aside by application with no waiting period. The law presumes the conduct would not be a crime after December 6, 2018, when adult-use marijuana became legal, and the prosecutor has 60 days to prove otherwise. If it does not respond, the court must enter the order within 21 days without a hearing (MCL 780.621e).","sources":[{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621e/","title":"MCL 780.621e (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://michiganlegalhelp.org/resources/crime-and-traffic/what-convictions-can-you-expunge-set-aside-application","title":"What Convictions Can You Expunge (Set Aside) with an Application?","publisher":"Michigan Legal Help","accessed":"2026-10-21"}]},"non_conviction":{"detail":"Michigan's set-aside law covers convictions. Deferred-and-dismissed cases count as misdemeanors when your record is counted for a set-aside application, and you must list them on the application (MCL 780.621(2); Michigan Legal Help). Arrest records are handled under MCL 28.243. If you were arrested but not charged, the fingerprints and arrest card must be destroyed immediately (28.243(7)). If all charges were dismissed before trial, the arrest must be removed from the public ICHAT database, and the arrest record and fingerprints are destroyed if the prosecutor agrees, or if neither the prosecutor nor the judge objects within 60 days of the dismissal order (28.243(8)). After a not-guilty verdict they are destroyed (28.243(10)), except for people arraigned for listed child-related or sexual offenses or who have a prior conviction other than a misdemeanor traffic offense, unless a judge orders otherwise (28.243(14)).","sources":[{"url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-28-243","title":"MCL 28.243 (fingerprints and arrest records)","publisher":"Michigan Legislature","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621/","title":"MCL 780.621 (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://michiganlegalhelp.org/resources/crime-and-traffic/what-convictions-can-you-expunge-set-aside-application","title":"What Convictions Can You Expunge (Set Aside) with an Application?","publisher":"Michigan Legal Help","accessed":"2026-10-21"}]},"dui":{"eligible":"some","detail":"A first-offense OWI (operating while intoxicated) conviction can be set aside, but only by application and only once in your lifetime. It is never set aside automatically (MCL 780.621c(3)). The wait is 5 years from the latest of sentencing, completion of probation, discharge from parole or completion of imprisonment (MCL 780.621d(2)). The judge may consider whether you took part in and benefited from rehabilitative or educational programs, and may deny the application if not convinced (MCL 780.621c(4)). A second or later OWI cannot be set aside. Neither can a traffic offense by a commercial license holder while driving a commercial vehicle, or any traffic offense that caused injury or death (MCL 780.621c(1)(d)). A set-aside OWI is not removed from your Secretary of State driving record (MCL 780.621c(5); Michigan Legal Help). These OWI rules took effect February 19, 2022 (2021 PA 79).","sources":[{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621c/","title":"MCL 780.621c (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621d/","title":"MCL 780.621d (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://michiganlegalhelp.org/resources/crime-and-traffic/what-convictions-can-you-expunge-set-aside-application","title":"What Convictions Can You Expunge (Set Aside) with an Application?","publisher":"Michigan Legal Help","accessed":"2026-10-21"}]},"employers":{"detail":"After a set-aside you are considered not to have been previously convicted, with exceptions (MCL 780.622). The State Police's nonpublic record is not available to private employers. Only job applications with the Department of Corrections or a law enforcement agency are a listed purpose for access, and anyone else who divulges, uses or publishes a set-aside conviction commits a misdemeanor (MCL 780.623). A set-aside conviction cannot be used as evidence in a negligent hiring, admission or licensure lawsuit (MCL 780.622). Private background-check companies may sometimes still report set-aside convictions; you can ask them to remove the entry (Michigan Legal Help). We did not confirm whether Michigan has a statewide fair-chance law for private employers.","sources":[{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-622/","title":"MCL 780.622 (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-623/","title":"MCL 780.623 (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://michiganlegalhelp.org/resources/crime-and-traffic/automatic-expungement-set-aside-of-adult-convictions","title":"Automatic Expungement (Set Aside) of Adult Convictions","publisher":"Michigan Legal Help","accessed":"2026-10-21"}]},"free_help":[{"name":"Michigan Legal Help: Expunging (Setting Aside) Adult Criminal Convictions","url":"https://michiganlegalhelp.org/resources/crime-and-traffic/expunging-setting-aside-adult-criminal-convictions","type":"legal_aid","detail":"Statewide legal help site, supported by the Michigan State Bar Foundation and the Michigan courts, with plain-language articles on set-asides."},{"name":"Do-It-Yourself Expungement (Adult Conviction)","url":"https://michiganlegalhelp.org/resources/crime-and-traffic/do-it-yourself-expungement-adult-conviction","type":"legal_aid","detail":"Free guided interview that fills out the set-aside application forms for you to print. Michigan Legal Help also lists the Counsel & Advocacy Law Line, 1-888-783-8190."}],"sources":[{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621d/","title":"MCL 780.621d (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/michigan/chapter-780/statute-act-213-of-1965/section-780-621g/","title":"MCL 780.621g (2025 text, republished)","publisher":"Justia, republishing the Michigan Compiled Laws","accessed":"2026-10-21"},{"url":"https://michiganlegalhelp.org/resources/crime-and-traffic/applying-set-aside-expunge-adult-criminal-conviction","title":"Applying to Set Aside (Expunge) an Adult Criminal Conviction","publisher":"Michigan Legal Help","accessed":"2026-10-21"},{"url":"https://michiganlegalhelp.org/resources/crime-and-traffic/automatic-expungement-set-aside-of-adult-convictions","title":"Automatic Expungement (Set Aside) of Adult Convictions","publisher":"Michigan Legal Help","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"minnesota","code":"MN","name":"Minnesota","terms":["expungement","sealing","Clean Slate","automatic expungement"],"summary":"In Minnesota, expungement means sealing: records are hidden from the public but not destroyed, and police, courts and some background-study agencies can still see them. Under the Clean Slate Act, in effect since January 1, 2025, many records are sealed automatically, including dismissed charges, completed non-felony diversion, petty misdemeanors and misdemeanors after 2 years, gross misdemeanors after 3 years, and some listed felonies after 4 or 5 years, with exclusions such as DWI, domestic assault and many other person offenses. Records that aren't sealed automatically, including any misdemeanor or gross misdemeanor and the felonies on a statutory list, can be sealed by court petition after waiting periods of up to 5 years, or without a petition if the prosecutor agrees. Some marijuana records are sealed automatically, and felony marijuana cases are reviewed by the Cannabis Expungement Board.","remedies":[{"id":"clean-slate-automatic-expungement","name":"Clean Slate automatic expungement","type":"sealing","effect":"The Bureau of Criminal Apprehension (BCA) seals its records and notifies the courts, which seal all records of the arrest, charge, trial, verdict or dismissal, and the BCA tells local law enforcement agencies, which must not disclose them (Minn. Stat. § 609A.015, subd. 5). Records are hidden from public view, not destroyed, and stay available to you (BCA). Criminal justice agencies can still use them, and in a later prosecution the expunged record can be pleaded as if it had not been expunged (§ 609A.015, subd. 5). Automatic expungement does not cover records held by the Departments of Human Services, Health, and Children, Youth, and Families, and a record can still be opened for their background studies under § 245C.08 and for teacher-licensing background checks by the Professional Educator Licensing and Standards Board (§ 609A.015, subds. 1-4). Because Minnesota is in the National Crime Prevention and Privacy Compact, an automatically sealed record stays visible to other states unless you petition and a court orders the BCA record sealed from them (BCA).","covers":"Dismissed charges and cases resolved in your favor, completed non-felony diversion or stays of adjudication, and many petty misdemeanor, misdemeanor, gross misdemeanor and listed felony convictions after a waiting period.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":null,"eligible":["Arrests where all charges were dismissed after a case was filed, unless the dismissal was based on a finding that the person was incompetent to proceed (§ 609A.015, subd. 1(a)(1)).","Cases where all pending actions were resolved in your favor, such as an acquittal. A verdict of not guilty by reason of mental illness does not count; an exoneration-compensation order under § 590.11 does (§ 609A.015, subd. 1).","Dismissal and discharge under § 152.18 for drug possession under §§ 152.024, 152.025 or 152.027 (§ 609A.015, subd. 1(a)(2)).","Successful completion of diversion or a stay of adjudication for a qualifying offense that is not a felony, with no new Minnesota charge (other than a petty misdemeanor) for 1 year after completion or for the year before a later annual review (§ 609A.015, subd. 2).","Any petty misdemeanor conviction except a traffic offense about operating or parking a motor vehicle (§ 609A.015, subd. 3(b)(1)).","Any misdemeanor or gross misdemeanor conviction that is not on the exclusion lists below (§ 609A.015, subd. 3(b)(2)-(3)).","Felony convictions for offenses on the list in § 609A.02, subd. 3(b) (for example, fifth-degree controlled substance crimes, theft sentenced as $5,000 or less, receiving stolen property, forgery, check forgery of $2,500 or less, financial transaction card fraud, some criminal damage to property, and failure to appear), except the felonies excluded below (§ 609A.015, subd. 3(b)(4)).","For any conviction, no new Minnesota conviction (other than a petty misdemeanor) during the waiting period, and no pending Minnesota charge (other than a petty misdemeanor) when the waiting period ends or at a later review (§ 609A.015, subd. 3(a))."],"not_eligible":["Misdemeanor convictions for fourth-degree DWI, violating an order for protection, fifth-degree assault, domestic assault, interference with privacy, violating a harassment restraining order, interference with an emergency call, obscene or harassing phone calls, indecent exposure, or violating a domestic abuse no-contact order (§ 609A.015, subd. 3(b)(2)).","Gross misdemeanor convictions for second- or third-degree DWI, reckless driving causing great bodily harm or death, criminal vehicular operation, fourth- or fifth-degree assault, domestic assault, criminal neglect, fifth-degree criminal sexual conduct, malicious punishment of a child, escape from custody, tampering with a witness, fourth-degree burglary, interference with privacy, harassment or stalking, nonconsensual dissemination of private sexual images, and violations of protective orders, among others listed in § 609A.015, subd. 3(b)(3).","Felonies not on the § 609A.02, subd. 3(b) list, and these listed felonies: third- and fourth-degree drug possession (§§ 152.023, subd. 2; 152.024, subd. 2), escape from civil commitment, third-degree burglary other than trespass (§ 609.582, subd. 3(a)), and repeat or minor-victim interference with privacy (§ 609A.015, subd. 3(b)(4)).","Felonies reduced to a gross misdemeanor or misdemeanor under § 609.13, subd. 1, and ineligible gross misdemeanors later deemed misdemeanors, stay ineligible (§ 609A.015, subd. 3(d)).","Felony-level diversion or stays of adjudication (subd. 2 covers only non-felony offenses).","Convictions for offenses that require predatory offender registration can never be expunged (§ 609A.02, subd. 4)."],"waiting_periods":[{"record":"Charges dismissed after a case was filed, or case resolved in your favor","wait":"None","detail":"The BCA identifies records and seals them 60 days after notifying the courts (§ 609A.015, subd. 5)."},{"record":"Completed non-felony diversion or stay of adjudication","wait":"1 year after completion with no new Minnesota charge (other than a petty misdemeanor)","detail":null},{"record":"Petty misdemeanor or misdemeanor conviction","wait":"2 years since discharge of the sentence, with no new conviction","detail":null},{"record":"Gross misdemeanor conviction","wait":"3 years since discharge of the sentence, with no new conviction","detail":null},{"record":"Felony fifth-degree controlled substance (§ 152.025)","wait":"4 years since discharge of the sentence, with no new conviction","detail":null},{"record":"Other eligible felony (on the § 609A.02, subd. 3(b) list)","wait":"5 years since discharge of the sentence, with no new conviction","detail":"Petitioning for the same listed felonies takes 4 years (§ 609A.02, subd. 3(a)(8))."}],"automatic":"yes","automatic_detail":"No application, petition or fee. The BCA makes an initial eligibility decision within 30 days after the waiting period ends and, if the record isn't eligible yet, checks again every year; it matches people by fingerprints or, if none, by name and date of birth (§ 609A.015, subd. 5). The law applies retroactively to records that were eligible before January 1, 2025 and in the BCA's system on that date. The BCA began sealing records in June 2025; as of October 13, 2026 it reported 2,010,236 of 2,077,054 potentially eligible records sealed, with about 5,000 records needing individual review that it expects to finish before the end of 2026 (BCA). Under Laws 2026, chapter 70, section 5 (signed May 5, 2026; in effect August 1, 2026 under § 645.02), if the BCA later finds a sealed record did not qualify, it unseals the record and the courts unseal theirs too.","how_to_file":["Nothing to file. If your case was flagged, the court record shows an entry reading \"BCA Automatic Expungement Notice\" with the statute number (Minnesota Judicial Branch).","To check, request your own Minnesota criminal history from the BCA; expunged records stay available to you.","If you think your case qualifies but has no notice in the court record, you may contact the BCA.","To also seal records held by the Department of Human Services or other state agencies, or to keep the record from other states, file a petition for expungement instead."],"where":"Automatic through the Bureau of Criminal Apprehension and the Minnesota Judicial Branch.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No fee; there is nothing to file.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"Initial eligibility decision within 30 days after the waiting period ends; records are sealed 60 days after the BCA notifies the courts, unless a court order stops it.","statute":{"cite":"Minn. Stat. § 609A.015","url":"https://www.revisor.mn.gov/statutes/cite/609A.015"},"sources":[{"url":"https://www.revisor.mn.gov/statutes/cite/609A.015","title":"Minn. Stat. § 609A.015, Automatic expungement of records (2025 Minnesota Statutes)","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A.02","title":"Minn. Stat. § 609A.02, Grounds for order (felony list in subd. 3(b))","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/laws/2026/0/Session+Law/Chapter/70/","title":"Laws 2026, chapter 70 (H.F. 3827), section 5","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/645.02","title":"Minn. Stat. § 645.02, Effective date and time of laws","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements","title":"Expungements","publisher":"Minnesota Bureau of Criminal Apprehension","accessed":"2026-10-22"},{"url":"https://mncourts.gov/help-topics/criminal-expungement/criminal-expungement-faqs","title":"Criminal Expungement Frequently Asked Questions","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"}]},{"id":"petition-for-expungement","name":"Petition for expungement","type":"sealing","effect":"The court may order the record sealed and its existence not disclosed, and may direct other agencies (such as the BCA, the police and the prosecutor, and on request the Department of Human Services) to seal their records; records are not destroyed or returned (Minn. Stat. §§ 609A.01, 609A.03, subd. 5). Without a court order, criminal justice agencies can still open sealed records for investigation, prosecution and sentencing (they need an ex parte court order for a record sealed after an acquittal or a dismissal for lack of probable cause), and conviction records can still be used to screen applicants for criminal justice agency jobs, for Department of Human Services background studies (unless the order was directed to that department) and for teacher-licensing checks (unless directed to the licensing board) (§ 609A.03, subd. 7a). An expunged record can't be used as evidence in certain lawsuits against a private employer or landlord over that person's later conduct (§ 609A.03, subd. 5(e)). If the conviction was for a crime of violence, the order must state that the person may not possess firearms for life unless gun rights are restored (§ 609A.03, subd. 5a). If the case doesn't meet § 609A.02, a judge may still seal only the court's own records (a 'partial expungement'; the court's instructions call this rare), but records at other agencies stay public (Minnesota Judicial Branch; EXP101).","covers":"Records not sealed automatically: dismissals and acquittals, completed diversion (including felony-level), any petty misdemeanor, misdemeanor or gross misdemeanor conviction (including DWI), the felonies listed in § 609A.02, subd. 3(b), and § 152.18 drug dismissals.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":null,"eligible":["All pending actions or proceedings were resolved in your favor (not including a verdict of not guilty by reason of mental illness) (§ 609A.02, subd. 3(a)(1)).","You completed diversion or a stay of adjudication and haven't been charged with a new crime for at least 1 year since (§ 609A.02, subd. 3(a)(2)).","A petty misdemeanor or misdemeanor conviction (or a sentence within misdemeanor limits), with no new conviction for at least 2 years since discharge of the sentence (§ 609A.02, subd. 3(a)(3)).","A gross misdemeanor conviction (or a sentence within gross misdemeanor limits), with no new conviction for at least 3 years since discharge (§ 609A.02, subd. 3(a)(4)-(5)).","A felony fifth-degree drug conviction (§ 152.025) or a felony on the 53-item list in § 609A.02, subd. 3(b), with no new conviction for at least 4 years since discharge (§ 609A.02, subd. 3(a)(6), (8)).","A felony later deemed a gross misdemeanor or misdemeanor under § 609.13, subd. 1, clause (2): 4 years if the offense is on the list, 5 years for any other offense (§ 609A.02, subd. 3(a)(7)).","Dismissal and discharge under § 152.18 for drug possession (§ 609A.02, subd. 1), and convictions of people certified as juveniles to adult court after discharge (§ 609A.02, subd. 2)."],"not_eligible":["Convictions for offenses that require predatory offender registration (§ 609A.02, subd. 4).","Felonies that aren't on the § 609A.02, subd. 3(b) list (for example, most person offenses and felony DWI), unless the sentence was within misdemeanor or gross misdemeanor limits or the conviction was later deemed a misdemeanor under § 609.13, subd. 1, clause (2) (§ 609A.02, subd. 3(a)(3)-(4), (7)); otherwise a judge can seal only the court's own records, and only at its discretion (Minnesota Judicial Branch).","Anyone convicted of a new crime during the waiting period for a conviction."],"waiting_periods":[{"record":"Dismissal, acquittal or other resolution in your favor","wait":"None","detail":"No filing fee (§ 609A.03, subd. 1)."},{"record":"Completed diversion or stay of adjudication (any level)","wait":"1 year since completion with no new criminal charge","detail":null},{"record":"Petty misdemeanor or misdemeanor conviction","wait":"2 years since discharge of the sentence with no new conviction","detail":null},{"record":"Gross misdemeanor conviction","wait":"3 years since discharge of the sentence with no new conviction","detail":null},{"record":"Listed felony, including fifth-degree drug possession","wait":"4 years since discharge of the sentence with no new conviction","detail":null},{"record":"Unlisted felony later deemed a gross misdemeanor or misdemeanor under § 609.13","wait":"5 years since discharge of the sentence with no new conviction","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Gather the details of every criminal case you have been charged in, including dismissed cases and cases in other states, from Minnesota Court Records Online or the court, and your BCA record.","Get a hearing date from court administration; the court's instructions say it must be more than 60 days after the papers are mailed, plus 3 days for mailing (EXP101).","Fill out a separate Notice of Hearing and Petition for Expungement (EXP102) for each case, signed under oath, and a proposed order (EXP105 for § 609A.02, subd. 3 cases, EXP106 for subd. 1 or 2 cases, or EXP107 to seal only court records).","Have an adult (you or someone else) mail copies of the petition and the unsigned proposed order by first-class mail to the prosecutor and to every agency whose records you want sealed, and to each agency's attorney (§ 609A.03, subd. 3). The court's instructions say most people serve at least 6, such as the BCA, the Attorney General's Office, the police, the sheriff, the county attorney and probation, and that service must be done at least 63 days before the hearing (EXP101). The prosecutor notifies victims who asked for notice. The person who mailed the papers completes the Proof of Service (EXP104).","File the original petition, proposed order and Proof of Service with the district court administrator, and pay the fee or file an Affidavit to Request Fee Waiver.","Go to the hearing unless the court tells you that you don't need to. By statute it is held at least 60 days after service; agencies and victims may object or make statements.","For a conviction, the judge decides whether you've shown by clear and convincing evidence that sealing would benefit you as much as it would cost the public; for a resolution in your favor or completed diversion, the court must grant unless an agency proves the public interest outweighs yours (§ 609A.03, subd. 5)."],"where":"District court in the county where the case was handled.","forms":[{"name":"Forms Packet: Expungement (Sealing) of a Criminal Record (EXP101-EXP107)","url":"https://mncourts.gov/getforms/criminal-expungement/forms-packet-expungement-sealing-of-a-criminal-record"},{"name":"EXP102 Notice of Hearing and Petition for Expungement","url":"https://mncourts.gov/getforms/criminal-expungement/form-exp102-notice-of-hearing-and-petition-for-expungement"},{"name":"EXP104 Proof of Service - Criminal Expungement","url":"https://mncourts.gov/getforms/criminal-expungement/form-exp104-proof-of-service-criminal-expungement"},{"name":"Fee Waiver court forms","url":"https://mncourts.gov/getforms/fee-waiver"}],"cost":{"filing_fee_usd":310,"detail":"The Judicial Branch lists a $310 base fee for criminal expungement (Minn. Stat. § 357.021, subd. 2(1)); counties may add a law library fee. No fee is charged when the case was resolved in your favor. A fee is required if you pleaded or were found guilty, even if you were not convicted or the conviction was later vacated (Minnesota Judicial Branch; EXP101). Each case needs its own petition and order (EXP101).","fee_waiver":"yes","fee_waiver_detail":"The fee may be waived for indigency (§ 609A.03, subd. 1). You may qualify if your income is at or below 125% of the federal poverty level, you receive public assistance, or you can show you can't afford the fee; file an Affidavit to Request Fee Waiver with proof of income or assistance (Minnesota Judicial Branch)."},"hearing":"yes","timeline":"At least 4 to 6 months: the hearing is held at least 63 days after service, the judge has up to 90 days to rule, and a granted order is stayed for 60 days before records are sealed (Minnesota Judicial Branch; § 609A.03, subd. 9). The court's instructions say the record stays public while an appeal is pending and while any money owed on the case is unpaid (EXP101).","statute":{"cite":"Minn. Stat. §§ 609A.02, 609A.03","url":"https://www.revisor.mn.gov/statutes/cite/609A.03"},"sources":[{"url":"https://www.revisor.mn.gov/statutes/cite/609A.02","title":"Minn. Stat. § 609A.02, Grounds for order","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A.03","title":"Minn. Stat. § 609A.03, Petition to expunge criminal records","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://mncourts.gov/help-topics/criminal-expungement/criminal-expungement-faqs","title":"Criminal Expungement Frequently Asked Questions","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"},{"url":"https://mncourts.gov/getforms/criminal-expungement/forms-packet-expungement-sealing-of-a-criminal-record","title":"Forms Packet: Expungement (Sealing) of a Criminal Record","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"},{"url":"https://mncourts.gov/_media/migration/courtforms/criminal-expungement/exp101.pdf","title":"EXP101 Petitioner's Instructions for Expungement (Sealing) of Criminal Records (Rev. 7/24)","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"},{"url":"https://mncourts.gov/help-topics/court-fees/district-court-fees","title":"District Court Fees","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"},{"url":"https://mncourts.gov/help-topics/fee-waiver-ifp","title":"Fee Waiver (IFP)","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"}]},{"id":"prosecutor-agreed-expungement","name":"Prosecutor-agreed expungement (no petition)","type":"sealing","effect":"If the prosecutor agrees, the court seals the criminal record without a petition, unless it finds that the public's interest in keeping the record public outweighs the disadvantages to you (Minn. Stat. § 609A.025).","covers":"Anyone whose record fits one of the petition grounds in § 609A.02, subd. 3, when the prosecutor agrees to sealing.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":null,"eligible":["A person described in § 609A.02, subd. 3 (resolution in your favor, completed diversion, or an eligible conviction after its waiting period) whose prosecutor agrees to sealing (§ 609A.025(a)).","For diversion cases, the prosecutor's agreement can come before or after the charges are dismissed (§ 609A.025(c))."],"not_eligible":["Cases where the prosecutor does not agree; you can still petition.","Convictions that require predatory offender registration (§ 609A.02, subd. 4)."],"waiting_periods":[],"automatic":"no","automatic_detail":null,"how_to_file":["Ask the prosecutor's office that handled the case. The Judicial Branch says some county attorney offices (Hennepin, Ramsey and Washington, with a separate application for other counties) take online applications for help with this process.","Before agreeing, the prosecutor must make a good-faith effort to notify identifiable victims, who may object (§ 609A.025(b))."],"where":"The prosecutor's office (county or city attorney) that handled the case; the district court enters the order.","forms":[],"cost":{"filing_fee_usd":null,"detail":"Not stated in the statute or the Judicial Branch guidance.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Minn. Stat. § 609A.025","url":"https://www.revisor.mn.gov/statutes/cite/609A.025"},"sources":[{"url":"https://www.revisor.mn.gov/statutes/cite/609A.025","title":"Minn. Stat. § 609A.025, No petition required in certain cases with prosecutor agreement and notification","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://mncourts.gov/help-topics/criminal-expungement/criminal-expungement-faqs","title":"Criminal Expungement Frequently Asked Questions (prosecutor-agreed expungement)","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"}]},{"id":"cannabis-automatic-expungement","name":"Automatic expungement of non-felony cannabis records","type":"sealing","effect":"The BCA seals its records and notifies the courts, arresting agencies and prosecutors, which seal theirs. The courts may not order the Departments of Health, Human Services, or Children, Youth, and Families to seal records under this section. You keep access to copies of the records for any purpose, including immigration (Minn. Stat. § 609A.055, subd. 3).","covers":"Non-felony marijuana possession convictions under § 152.027, subds. 3 and 4, and marijuana charges that were dismissed or resolved in your favor.","outcomes":["no_conviction","diversion","misdemeanor"],"narrow":"Marijuana offenses only","eligible":["A conviction or stayed sentence for § 152.027, subd. 3 or 4 (§ 609A.055, subd. 1(a)(2)).","Marijuana charges under the listed subdivisions of §§ 152.021-152.027 that were dismissed before a probable cause determination, or resolved in your favor (§ 609A.055, subd. 1(a)(3)-(4)).","Dismissal and discharge under § 152.18 for violations of §§ 152.024, 152.025 or 152.027 (§ 609A.055, subd. 1(a)(1))."],"not_eligible":["Felony marijuana convictions; these go to the Cannabis Expungement Board instead (§ 609A.06)."],"waiting_periods":[],"automatic":"yes","automatic_detail":"The BCA identifies qualifying records and seals them within 60 days after notifying the courts, without any application (§ 609A.055, subds. 2-3). The BCA says qualifying records were sealed in May 2024 and that it will review its records again in 2026 for cases that were still in court then.","how_to_file":["Nothing to file. Request your own BCA criminal history to check whether a record was sealed."],"where":"Automatic through the Bureau of Criminal Apprehension and the courts.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No fee; there is nothing to file.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"Records are sealed within 60 days after the BCA notifies the courts.","statute":{"cite":"Minn. Stat. § 609A.055","url":"https://www.revisor.mn.gov/statutes/cite/609A.055"},"sources":[{"url":"https://www.revisor.mn.gov/statutes/cite/609A.055","title":"Minn. Stat. § 609A.055, Automatic expungement of certain cannabis offenses","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/laws/2025/1/Session+Law/Chapter/3/","title":"Laws 2025, First Special Session chapter 3, article 16, sections 18-19","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements","title":"Expungements","publisher":"Minnesota Bureau of Criminal Apprehension","accessed":"2026-10-22"}]},{"id":"cannabis-expungement-board","name":"Cannabis Expungement Board review (felony marijuana)","type":"vacatur","effect":"If the Board finds expungement is in the public interest, it decides whether the conviction should be vacated and the charges dismissed, and the records expunged; if not, it decides whether the person should be resentenced to a lesser, non-felony offense. The Board files a notice of its determination with the court, which then issues an order (Minn. Stat. § 609A.06; Cannabis Expungement Board).","covers":"Felony marijuana sale or possession convictions or stays of adjudication that would be a lesser offense or no crime after August 1, 2023, plus related dismissed cannabis charges.","outcomes":["diversion","misdemeanor","felony"],"narrow":"Marijuana offenses only","eligible":["A conviction or stayed adjudication for a first- through fifth-degree controlled substance crime involving the sale or possession of marijuana or THC, or an earlier marijuana law (§ 609A.06, subd. 3(a)(1)).","The act would be a lesser offense or no longer a crime after August 1, 2023 (§ 609A.06, subd. 3(a)(3)).","No appeal, or the appeal was denied or the deadline has passed (§ 609A.06, subd. 3(a)(4)).","Dismissed cannabis charges filed with the eligible offense can also be expunged (§ 609A.06, subd. 3(b))."],"not_eligible":["Offenses that involved a dangerous weapon, intentional or attempted bodily harm, or intent to cause fear of immediate bodily harm or death (§ 609A.06, subd. 3(a)(2))."],"waiting_periods":[],"automatic":"yes","automatic_detail":"The BCA identifies eligible records and sends them to the Board; no petition is needed. Expungement is presumed to be in the public interest unless there is clear and convincing evidence it would create a risk to public safety (§ 609A.06, subds. 4, 7). The Board's website also takes case review requests and says people are notified by mail at their last known address.","how_to_file":["Nothing is required. If you think you have an eligible case, the Cannabis Expungement Board website has a case review request and contact information (ceb@state.mn.us, 651-201-2000)."],"where":"Cannabis Expungement Board, then the district court that handled the case.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No fee is stated; the review starts from BCA records.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":null,"statute":{"cite":"Minn. Stat. § 609A.06","url":"https://www.revisor.mn.gov/statutes/cite/609A.06"},"sources":[{"url":"https://www.revisor.mn.gov/statutes/cite/609A.06","title":"Minn. Stat. § 609A.06, Expungement and resentencing of felony cannabis offenses","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://mn.gov/ceb/","title":"Minnesota Cannabis Expungement Board","publisher":"Minnesota Cannabis Expungement Board","accessed":"2026-10-22"},{"url":"https://mncourts.gov/help-topics/criminal-expungement/criminal-expungement-faqs","title":"Criminal Expungement Frequently Asked Questions","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"}]}],"clean_slate":{"status":"in_effect","effective":"2025-01-01","detail":"Minnesota's Clean Slate Act (Laws 2023, chapter 52, article 7) took effect January 1, 2025, and applies retroactively to records that were eligible before then. The BCA identifies and seals eligible records with no petition: dismissed charges, cases resolved in your favor, completed non-felony diversion after 1 year, petty misdemeanors and misdemeanors after 2 years, gross misdemeanors after 3 years, felony fifth-degree controlled substance crimes after 4 years, and other listed felonies after 5 years, each with no new conviction in the meantime. DWI, domestic assault, many other person offenses and most felonies are excluded (Minn. Stat. § 609A.015). The BCA began sealing records in June 2025 and reported 98.7% of about 2.08 million potentially eligible records sealed or in final court review as of October 13, 2026. Automatic sealing does not reach Department of Human Services records or records shared with other states; those need a petition. A 2026 law (chapter 70, effective August 1, 2026) lets the BCA unseal a record it later finds did not qualify. Separately, non-felony cannabis records were sealed automatically in May 2024 (§ 609A.055).","sources":[{"url":"https://www.revisor.mn.gov/statutes/cite/609A.015","title":"Minn. Stat. § 609A.015","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements","title":"Expungements","publisher":"Minnesota Bureau of Criminal Apprehension","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/laws/2026/0/Session+Law/Chapter/70/","title":"Laws 2026, chapter 70 (H.F. 3827)","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"}]},"marijuana":{"detail":"Non-felony marijuana possession convictions under § 152.027, subds. 3 and 4, and marijuana charges that were dismissed or resolved in your favor, are sealed automatically by the BCA (Minn. Stat. § 609A.055); the BCA says this was done in May 2024 and it will review again in 2026. Felony marijuana convictions and stays of adjudication for conduct that is now a lesser offense or legal are reviewed by the Cannabis Expungement Board, which can vacate and expunge them or resentence to a non-felony, unless the offense involved a weapon or violence (§ 609A.06).","sources":[{"url":"https://www.revisor.mn.gov/statutes/cite/609A.055","title":"Minn. Stat. § 609A.055","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A.06","title":"Minn. Stat. § 609A.06","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements","title":"Expungements","publisher":"Minnesota Bureau of Criminal Apprehension","accessed":"2026-10-22"},{"url":"https://mn.gov/ceb/","title":"Minnesota Cannabis Expungement Board","publisher":"Minnesota Cannabis Expungement Board","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Charges dismissed after a case was filed (except incompetency dismissals) and cases resolved in your favor are sealed automatically under Clean Slate (Minn. Stat. § 609A.015, subd. 1). You can also petition, with no filing fee, and the court must grant unless an agency proves the public interest outweighs yours (§§ 609A.02, subd. 3(a)(1); 609A.03, subds. 1, 5(b)). If you were arrested but never charged, there is no court record; if you have no felony or gross misdemeanor conviction in the 10 years before, and the charges were dismissed before a probable cause finding or the prosecutor declined to charge, the BCA or arresting agency must destroy your fingerprints, photos and other identification data on request, with no petition (§ 299C.11, subd. 1(b)). Records of people charged because of mistaken identity are expunged by court order without a petition once the prosecutor dismisses for that reason (§ 609A.017; Minnesota Judicial Branch).","sources":[{"url":"https://www.revisor.mn.gov/statutes/cite/609A.015","title":"Minn. Stat. § 609A.015","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A.03","title":"Minn. Stat. § 609A.03","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/299C.11","title":"Minn. Stat. § 299C.11, Identification data furnished to bureau","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://mncourts.gov/help-topics/criminal-expungement/criminal-expungement-faqs","title":"Criminal Expungement Frequently Asked Questions","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"DWI convictions are excluded from automatic Clean Slate sealing: fourth-degree (misdemeanor) DWI and second- and third-degree (gross misdemeanor) DWI are on the exclusion lists, as are reckless driving causing great bodily harm or death and gross misdemeanor criminal vehicular operation (Minn. Stat. § 609A.015, subd. 3(b)). Misdemeanor and gross misdemeanor DWI convictions can still be sealed by petition, because § 609A.02 allows a petition for any misdemeanor after 2 years and any gross misdemeanor after 3 years since discharge with no new conviction; the judge decides using the clear-and-convincing-evidence standard. First-degree DWI is a felony (§ 169A.24) and is not on the list of felonies that can be expunged (§ 609A.02, subd. 3(b)). A full petition is still possible if the sentence imposed was within misdemeanor or gross misdemeanor limits, or if the conviction was later deemed a misdemeanor because imposition of the prison sentence was stayed and you were discharged from probation without a prison sentence (5 years after discharge) (§§ 609A.02, subd. 3(a)(3)-(4), (7); 609.13, subd. 1); otherwise only the court's own records could be sealed, at the judge's discretion. The Judicial Branch notes that driving records are kept by Driver and Vehicle Services, and a court may not be able to order them expunged. An expunged record can still be used in a later prosecution.","sources":[{"url":"https://www.revisor.mn.gov/statutes/cite/609A.015","title":"Minn. Stat. § 609A.015","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A.02","title":"Minn. Stat. § 609A.02","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/169A.24","title":"Minn. Stat. § 169A.24, First-degree driving while impaired","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609.13","title":"Minn. Stat. § 609.13, Convictions of felony or gross misdemeanor; when deemed misdemeanor or gross misdemeanor","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://mncourts.gov/help-topics/criminal-expungement/criminal-expungement-faqs","title":"Criminal Expungement Frequently Asked Questions (driving records)","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"}]},"employers":{"detail":"Minnesota's ban-the-box law covers private and public employers: an employer may not ask about, consider or require disclosure of an applicant's criminal record until the applicant has been selected for an interview or, if there is no interview, until a conditional job offer (Minn. Stat. § 364.021). It does not apply to the Department of Corrections or to employers with a legal duty to run background checks, and employers may still say that certain records disqualify people from particular jobs. The Department of Human Rights investigates private employers and can fine them up to $100 or $500 per violation, capped at $100 to $2,000 a month depending on the employer's size (§ 364.06). Employers and landlords have no duty to find or use expunged records (§ 609A.05), and an expunged record can't be used as evidence in certain lawsuits against private employers or landlords (§ 609A.03, subd. 5(e)). State and local governments may not use arrests without conviction or expunged convictions for public jobs or licenses (§ 364.04). Expunged conviction records can still be opened for criminal justice agency hiring, Department of Human Services, Health, and Children, Youth, and Families background studies for care jobs, and teacher licensing (§ 609A.03, subd. 7a; § 609A.015, subd. 4). The statute does not give a general right to deny an expunged record on applications; it says so only for sealing after a § 152.18 drug dismissal, certain crime-victim cases and mistaken-identity expungements (§§ 609A.03, subds. 6-6a; 609A.017, subd. 4).","sources":[{"url":"https://www.revisor.mn.gov/statutes/cite/364.021","title":"Minn. Stat. § 364.021, Public and private employment; consideration of criminal records","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/364/full","title":"Minn. Stat. ch. 364 (§§ 364.04, 364.06)","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A/full","title":"Minn. Stat. ch. 609A (§ 609A.05)","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A.03","title":"Minn. Stat. § 609A.03","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"}]},"free_help":[{"name":"Minnesota Judicial Branch: Criminal Expungement help topic","url":"https://mncourts.gov/help-topics/criminal-expungement","type":"court_self_help","detail":"Statewide FAQs on automatic and petition expungement, the official forms packet, fee waiver steps and a how-to video."},{"name":"LawHelpMN.org","url":"https://www.lawhelpmn.org/","type":"legal_aid","detail":"Minnesota Legal Services Coalition site with fact sheets and a directory of legal aid offices; its step-by-step expungement guide was last updated in 2022, before Clean Slate, so check it against current law."},{"name":"Bureau of Criminal Apprehension: Expungements","url":"https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements","type":"state_agency","detail":"Clean Slate and cannabis expungement status, and how to request your own criminal history record."},{"name":"Minnesota Cannabis Expungement Board","url":"https://mn.gov/ceb/","type":"state_agency","detail":"Reviews felony marijuana cases at no cost; takes case review requests (ceb@state.mn.us, 651-201-2000)."}],"sources":[{"url":"https://www.revisor.mn.gov/statutes/cite/609A.015","title":"Minn. Stat. § 609A.015","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A.02","title":"Minn. Stat. § 609A.02","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A.03","title":"Minn. Stat. § 609A.03","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A.025","title":"Minn. Stat. § 609A.025","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A.055","title":"Minn. Stat. § 609A.055","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A.06","title":"Minn. Stat. § 609A.06","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609A/full","title":"Minn. Stat. ch. 609A (full text, including §§ 609A.01, 609A.017, 609A.035, 609A.05)","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/299C.11","title":"Minn. Stat. § 299C.11","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/364.021","title":"Minn. Stat. § 364.021","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/laws/2026/0/Session+Law/Chapter/70/","title":"Laws 2026, chapter 70 (H.F. 3827)","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"},{"url":"https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements","title":"Expungements","publisher":"Minnesota Bureau of Criminal Apprehension","accessed":"2026-10-22"},{"url":"https://mncourts.gov/help-topics/criminal-expungement/criminal-expungement-faqs","title":"Criminal Expungement Frequently Asked Questions","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"},{"url":"https://mncourts.gov/help-topics/court-fees/district-court-fees","title":"District Court Fees","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"},{"url":"https://mncourts.gov/_media/migration/courtforms/criminal-expungement/exp101.pdf","title":"EXP101 Petitioner's Instructions for Expungement (Sealing) of Criminal Records (Rev. 7/24)","publisher":"Minnesota Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.revisor.mn.gov/statutes/cite/609.13","title":"Minn. Stat. § 609.13","publisher":"Minnesota Office of the Revisor of Statutes","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"mississippi","code":"MS","name":"Mississippi","terms":["expunction","expungement","nonadjudication"],"summary":"Mississippi clears records by expunction, which removes them from public records but leaves a confidential copy for prosecutors and some agencies. A first-offender misdemeanor conviction can be expunged, and one felony conviction can be expunged 3 years after the sentence is complete (down from 5 years since July 1, 2026), unless it is on a long list of excluded offenses. Arrests that ended in dismissal or acquittal, completed nonadjudication and some first-offense drug and DUI cases can also be cleared. Almost nothing is cleared automatically: the exception is a first or second conviction for possessing 30 grams or less of marijuana, which the drug law says is expunged 2 years after the conviction. For everything else you have to petition the court.","remedies":[{"id":"felony-expunction","name":"Felony expunction","type":"expungement","effect":"The order removes the conviction from all public records and restores you, in the eyes of the law, to the status you had before the arrest or indictment. You cannot later be held guilty of perjury or of giving a false statement for not mentioning the arrest, indictment or conviction when asked, except when a court is deciding whether you are a first offender in a later case. A nonpublic record is kept by the Mississippi Criminal Information Center and the district attorney's office, and if you are called for jury duty you must tell the court privately about it if asked. The statute also says an expunction does not stop an employer from asking whether you have had an expunction order (Miss. Code Ann. § 99-19-71(3)). Expunged convictions can still be used to decide habitual-offender status and law enforcement certification (§ 45-27-21).","covers":"One felony conviction (or several that arose from the same set of facts), once the sentence is complete and fines and court costs are paid.","outcomes":["felony"],"narrow":null,"eligible":["You were convicted of a felony and have paid all criminal fines and court costs imposed in the sentence (§ 99-19-71(2)(a)).","At least 3 years have passed since you successfully completed all terms and conditions of the sentence. The wait was 5 years until HB 1546 took effect on July 1, 2026.","You can expunge only one felony conviction under this section. Convictions that arose from a common nucleus of operative facts count as one, as the court decides (§ 99-19-71(2)(a)).","The court may grant the petition if it finds, on the record or in writing, that you are rehabilitated from the offense. If it denies the petition, it must give specific findings (§ 99-19-71(2)(b))."],"not_eligible":["Crimes of violence listed in § 97-3-2, including murder, aggravated assault, manslaughter, kidnapping, human trafficking, rape, robbery, sexual battery, carjacking, felony child abuse, burglary of a dwelling, drive-by shooting, shooting into a dwelling, child exploitation, touching a child for lustful purposes, statutory rape (a judge can rule otherwise at a hearing), aggravated DUI, meaning DUI that negligently causes a death or a serious, permanent injury (§ 63-11-30(5)), and DUI while carrying a child under 16 that seriously injures or kills the child (§ 63-11-30(12)(d)). A judge can also label another felony with a maximum sentence of 5 years or more a crime of violence at sentencing if force was used or threatened (§ 97-3-2(2)).","First-degree arson, trafficking in controlled substances (§ 41-29-139), felon in possession of a firearm (§ 97-37-5), failure to register as a sex offender, voyeurism, witness intimidation, abuse, neglect or exploitation of a vulnerable person, and embezzlement (§§ 97-11-25, 97-23-19) (§ 99-19-71(2)(a)).","A third, fourth or later DUI offense (§ 63-11-30(2)(c)-(d)).","Felony procuring prostitution and promoting prostitution (§ 97-29-51), added to the excluded list by HB 1546 effective July 1, 2026.","A public official's conviction related to official duties (§ 99-19-71(5)).","A second felony, if you have already used your one felony expunction."],"waiting_periods":[{"record":"Felony conviction","wait":"3 years after you complete all terms and conditions of the sentence","detail":"All criminal fines and court costs must be paid. The wait was 5 years before July 1, 2026 (HB 1546, 2026 Regular Session)."}],"automatic":"no","automatic_detail":"You must file a petition. Bills to make some expunctions automatic (HB 455, HB 757 and HB 1344 in 2026) died in committee.","how_to_file":["Check that the conviction is not on the excluded list and that 3 years have passed since you finished every part of the sentence, including fines and court costs.","Gather the case number, the court and the date the sentence was completed.","File a petition for expunction in the court where you were convicted.","Pay the $150 filing fee to the circuit clerk. More fees apply if the clerk opens the petition as a new civil case.","Give the district attorney written notice at least 10 days before any hearing (§ 99-19-71(2)(b)).","If the court sets a hearing, be ready to show you are rehabilitated.","If the order is granted, the circuit clerk sends a certified copy to the Mississippi Criminal Information Center (§ 45-27-21)."],"where":"The court in which you were convicted (§ 99-19-71(2)(a)). The filing fee is collected by the circuit clerk (§ 99-19-72).","forms":[],"cost":{"filing_fee_usd":150,"detail":"Section 99-19-72 sets a $150 filing fee for each petition to expunge under § 99-19-71, collected by the circuit clerk ($100 to the Judicial System Operation Fund, $40 to the District Attorneys Operation Fund and $10 kept by the clerk). A January 19, 2023 Attorney General opinion says that if the petition is filed in the original criminal case, only the $150 is collected, but if it is filed as a new civil case, the clerk also collects the usual civil filing charges: an $85 docket fee, $10, $40 and a $2 court education cost.","fee_waiver":"not_stated","fee_waiver_detail":"No statute, rule or official page we found says whether the $150 expunction fee can be waived. The Mississippi Judiciary says people who cannot afford court filing fees may ask to have them waived by signing a poverty (pauper's) affidavit under Miss. Code Ann. § 11-53-17 and M.R.C.P. 3(c), but that statute is written for civil actions and we found nothing applying it to the expunction fee. Ask the clerk. Mississippi Center for Justice helps with expunction fees for people facing financial hardship, but as of October 22, 2026 it had paused new requests while it works through its waitlist."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Miss. Code Ann. §§ 99-19-71(2)-(5) (as amended by HB 1546, 2026) and 99-19-72","url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1500-1599/HB1546SG.htm"},"sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1500-1599/HB1546SG.htm","title":"House Bill 1546 (As Sent to Governor), 2026 Regular Session: amends § 99-19-71","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/2026/pdf/history/HB/HB1546.xml","title":"House Bill 1546 history: approved by Governor 03/30/2026, effective July 1, 2026","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/0400-0499/HB0455IN.htm","title":"House Bill 455 (As Introduced, died in committee), 2026: reprints current §§ 99-19-72, 45-27-21, 99-15-26, 99-15-59, 9-11-15 and 21-23-7 with proposed changes marked","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2023/html/SB/2200-2299/SB2261IN.htm","title":"Senate Bill 2261 (As Introduced, died in committee), 2023: reprints the list of crimes of violence in § 97-3-2","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://attorneygenerallynnfitch.com/wp-content/uploads/2023/01/C.Bounds-January-19-2023-Fees-to-be-Collected-Upon-Filing-Petition-for-Expungement.pdf","title":"Opinion to Hon. Cecelia Bounds: Fees to be Collected Upon Filing Petition for Expungement (January 19, 2023)","publisher":"Mississippi Attorney General's Office","accessed":"2026-10-22"},{"url":"https://courts.ms.gov/Legal/PAUPER%C3%BCS%20RIGHT%20TO%20WAIVER%20OF%20FILING%20FEES.pdf","title":"Pauper's Right to Waiver of Filing Fees","publisher":"Mississippi Judiciary","accessed":"2026-10-22"}]},{"id":"misdemeanor-expunction","name":"Misdemeanor expunction for first offenders","type":"expungement","effect":"Same effect as a felony expunction: the conviction is removed from public records and you are restored to the status you had before the arrest, but a nonpublic record is kept to decide whether you are a first offender in any later case, and an employer may still ask whether you have had an expunction order (§ 99-19-71(3)).","covers":"A misdemeanor conviction that is not a traffic violation, for a person who is a first offender.","outcomes":["misdemeanor"],"narrow":null,"eligible":["You were convicted of a misdemeanor that is not a traffic violation, and you are a first offender (§ 99-19-71(1)).","The statute sets no waiting period.","If you were convicted in justice court or municipal court before your 23rd birthday, the justice and municipal court statutes point you to this same route (§§ 9-11-15(4), 21-23-7(7))."],"not_eligible":["Traffic violations (§ 99-19-71(1)).","People who are not first offenders. The state keeps a confidential record of expunctions and nonadjudications so that first-offender status is used only once (§ 45-27-21). If you have more than one misdemeanor, the justice or municipal court route may fit instead.","A public official's conviction related to official duties (§ 99-19-71(5))."],"waiting_periods":[{"record":"Misdemeanor conviction, first offender","wait":"No waiting period is stated in the statute","detail":null}],"automatic":"no","automatic_detail":"You must file a petition. A 2026 bill to make misdemeanor expunction automatic (HB 455) died in committee.","how_to_file":["Get the case number and the name of the court where you were convicted.","File a petition for an order to expunge the conviction in that justice, county, circuit or municipal court.","Ask the clerk what fee applies (see cost).","The court decides whether to grant the order."],"where":"The justice, county, circuit or municipal court where you were convicted (§ 99-19-71(1)). A July 15, 2026 Attorney General opinion says the municipal court that entered a conviction keeps the power to expunge it unless a statute says otherwise.","forms":[],"cost":{"filing_fee_usd":null,"detail":"Section 99-19-72 sets a $150 fee on each petition under § 99-19-71, to be collected by the circuit clerk. For municipal court, a 2020 Attorney General opinion says the court may not charge a filing fee for an expungement, because § 21-23-7(11) says no filing fee shall be imposed for bringing an action in municipal court. We did not confirm the fee for a petition filed in justice court, so check with the clerk of the court where you file.","fee_waiver":"not_stated","fee_waiver_detail":"No statute, rule or official page we found says whether the $150 expunction fee can be waived. The Mississippi Judiciary says people who cannot afford court filing fees may ask to have them waived by signing a poverty (pauper's) affidavit under Miss. Code Ann. § 11-53-17 and M.R.C.P. 3(c), but that statute is written for civil actions and we found nothing applying it to the expunction fee. Ask the clerk. Mississippi Center for Justice helps with expunction fees for people facing financial hardship, but as of October 22, 2026 it had paused new requests while it works through its waitlist."},"hearing":"not_stated","timeline":null,"statute":{"cite":"Miss. Code Ann. § 99-19-71(1), (3), (5)","url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1500-1599/HB1546SG.htm"},"sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1500-1599/HB1546SG.htm","title":"House Bill 1546 (As Sent to Governor), 2026 Regular Session: amends § 99-19-71","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/0400-0499/HB0455IN.htm","title":"House Bill 455 (As Introduced, died in committee), 2026: reprints current §§ 9-11-15, 21-23-7, 45-27-21 and 99-19-72","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://attorneygenerallynnfitch.com/wp-content/uploads/2020/07/D.Delgado_June-26-2020-Fees-for-Expungement.pdf","title":"Opinion to Hon. David F. Delgado: Fees for Expungement (June 26, 2020)","publisher":"Mississippi Attorney General's Office","accessed":"2026-10-22"},{"url":"https://attorneygenerallynnfitch.com/wp-content/uploads/2026/07/R.-Phipps-July-15-2026-Jurisdiction-to-Expunge-Municipal-Court-Convictions.pdf","title":"Opinion to Hon. Rebecca Phipps: Jurisdiction to Expunge Municipal Court Convictions (July 15, 2026)","publisher":"Mississippi Attorney General's Office","accessed":"2026-10-22"},{"url":"https://courts.ms.gov/Legal/PAUPER%C3%BCS%20RIGHT%20TO%20WAIVER%20OF%20FILING%20FEES.pdf","title":"Pauper's Right to Waiver of Filing Fees","publisher":"Mississippi Judiciary","accessed":"2026-10-22"}]},{"id":"justice-municipal-court-expunction","name":"Justice or municipal court expunction of misdemeanors","type":"expungement","effect":"After the order you legally stand as though you had never been convicted of the misdemeanor or misdemeanors and may lawfully say so when asked about prior convictions. The order does not apply to the confidential records of law enforcement agencies and does not change your driving record (§§ 9-11-15(3), 21-23-7(6)).","covers":"Any or all misdemeanor convictions from one justice court or municipal court, after 2 years of good conduct, whether or not you are a first offender.","outcomes":["misdemeanor"],"narrow":"Justice and municipal court convictions only","eligible":["The misdemeanor conviction or convictions were entered in the justice court or municipal court you are asking.","You show in open court that you are rehabilitated, that you have had good conduct for 2 years since your last conviction in any court, and that expunging the record would serve the interest of society (§§ 9-11-15(3), 21-23-7(6)).","Prior notice goes to the county prosecutor (justice court) or the municipal prosecuting attorney (municipal court).","The judge may clear any or all misdemeanors from that court. The decision is up to the judge."],"not_eligible":["Convictions from a different court: each justice or municipal court can expunge only the misdemeanors entered in that court.","Driving records kept under Title 63 and the confidential records of law enforcement agencies are not affected."],"waiting_periods":[{"record":"Misdemeanor convictions in justice or municipal court","wait":"2 years of good conduct since your last conviction in any court","detail":null}],"automatic":"no","automatic_detail":"The judge acts in their discretion after a showing in open court. A 2026 bill to make this automatic (HB 455) died in committee.","how_to_file":["Contact the justice court or municipal court where you were convicted and ask how it handles requests to expunge misdemeanors. We found no statewide form.","Make sure the prosecutor gets notice before the hearing.","At the hearing, show your rehabilitation and 2 years of good conduct since your last conviction."],"where":"The justice court or municipal court that entered the conviction (§§ 9-11-15(3), 21-23-7(6)).","forms":[],"cost":{"filing_fee_usd":null,"detail":"We did not find a fee set by statute for this route. For municipal court, a 2020 Attorney General opinion says the court may not charge a filing fee for an expungement (§ 21-23-7(11): no filing fee shall be imposed for bringing an action in municipal court). For justice court, ask the clerk.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":null,"statute":{"cite":"Miss. Code Ann. §§ 9-11-15(3)-(4) (justice court) and 21-23-7(6)-(7) (municipal court)","url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/0400-0499/HB0455IN.htm"},"sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/0400-0499/HB0455IN.htm","title":"House Bill 455 (As Introduced, died in committee), 2026: reprints current §§ 9-11-15 and 21-23-7 with proposed changes marked","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://attorneygenerallynnfitch.com/wp-content/uploads/2020/07/D.Delgado_June-26-2020-Fees-for-Expungement.pdf","title":"Opinion to Hon. David F. Delgado: Fees for Expungement (June 26, 2020)","publisher":"Mississippi Attorney General's Office","accessed":"2026-10-22"}]},{"id":"non-conviction-expunction","name":"Expunction of arrests, dismissals and acquittals","type":"expungement","effect":"The court orders the record of the case expunged. When the Mississippi Criminal Information Center receives a lawful expunction order, it must purge and destroy its records of an arrest that ended in release without charge or in being cleared in court (§ 45-27-9(2)(a), (4)).","covers":"Arrests that ended in release with a dismissal, dropped charges, no disposition or a not-guilty verdict, misdemeanor arrests not charged within 12 months, and completed pretrial intervention.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["You were arrested and released, and the case was dismissed, the charges were dropped, there was no disposition, or you were found not guilty at trial. On petition, the justice, county, circuit or municipal court shall expunge the record (§ 99-19-71(4); see also §§ 99-15-57(2) and 21-23-7(13)).","You were arrested, cited or held for a misdemeanor and were not formally charged or prosecuted within 12 months of the arrest, or the charge was dismissed. You may apply to the court with jurisdiction over the matter (§ 99-15-59).","You completed a district attorney's pretrial intervention program. The court makes a noncriminal disposition of the charge, and on petition it shall expunge the record of the dismissed case (§ 99-15-123)."],"not_eligible":["Cases that ended in a conviction. Use the misdemeanor or felony routes instead."],"waiting_periods":[{"record":"Dismissal, dropped charges, no disposition or acquittal","wait":"No waiting period is stated","detail":"§ 99-19-71(4)"},{"record":"Misdemeanor arrest with no formal charge","wait":"12 months from the arrest, or as soon as the charge is dismissed","detail":"§ 99-15-59"}],"automatic":"no","automatic_detail":"The statutes require the court to expunge these records, but only after you petition (§ 99-19-71(4)). 2026 bills to make it automatic (HB 456 and SB 2792) died in committee.","how_to_file":["Get the arrest date, the case number if there is one, and proof of how the case ended (dismissal, nolle prosequi or acquittal).","File a petition to expunge in the court that handled the case.","Pay the fee the clerk charges (see cost).","Once the order is entered, it goes to the Mississippi Criminal Information Center, which purges the records (§§ 45-27-9, 45-27-21)."],"where":"The justice, county, circuit or municipal court that handled the case (§ 99-19-71(4)); for a misdemeanor arrest with no charge, the court with jurisdiction over the matter (§ 99-15-59).","forms":[],"cost":{"filing_fee_usd":null,"detail":"Section 99-19-72 levies a $150 fee on each petition under § 99-19-71, collected by the circuit clerk, and the Attorney General's 2023 opinion says a petition filed as a new civil case also carries the usual civil filing charges. But a 2020 Attorney General opinion says that when a case was dismissed or ended in acquittal, so there is no conviction, the court may not charge the person any fees or fines associated with the case (Miss. Const. art. 14, § 261), and that a municipal court may not charge a filing fee for an expungement. Section 99-15-59 itself sets no fee. Ask the clerk which fees, if any, apply.","fee_waiver":"not_stated","fee_waiver_detail":"No statute, rule or official page we found says whether the $150 expunction fee can be waived. The Mississippi Judiciary says people who cannot afford court filing fees may ask to have them waived by signing a poverty (pauper's) affidavit under Miss. Code Ann. § 11-53-17 and M.R.C.P. 3(c), but that statute is written for civil actions and we found nothing applying it to the expunction fee. Ask the clerk. Mississippi Center for Justice helps with expunction fees for people facing financial hardship, but as of October 22, 2026 it had paused new requests while it works through its waitlist."},"hearing":"not_stated","timeline":null,"statute":{"cite":"Miss. Code Ann. §§ 99-19-71(4), 99-15-59, 99-15-57(2), 99-15-123, 21-23-7(13)","url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1500-1599/HB1546SG.htm"},"sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1500-1599/HB1546SG.htm","title":"House Bill 1546 (As Sent to Governor), 2026 Regular Session: current text of § 99-19-71","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/0400-0499/HB0455IN.htm","title":"House Bill 455 (As Introduced, died in committee), 2026: reprints current §§ 99-15-59, 21-23-7 and 45-27-9","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/0700-0799/HB0757IN.htm","title":"House Bill 757 (As Introduced, died in committee), 2026: reprints current § 99-15-57","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1700-1799/HB1751IN.htm","title":"House Bill 1751 (As Introduced, died on calendar), 2026: reprints current § 99-15-123 (pretrial intervention)","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://attorneygenerallynnfitch.com/wp-content/uploads/2023/01/C.Bounds-January-19-2023-Fees-to-be-Collected-Upon-Filing-Petition-for-Expungement.pdf","title":"Opinion to Hon. Cecelia Bounds: Fees to be Collected Upon Filing Petition for Expungement (January 19, 2023)","publisher":"Mississippi Attorney General's Office","accessed":"2026-10-22"},{"url":"https://attorneygenerallynnfitch.com/wp-content/uploads/2020/07/D.Delgado_June-26-2020-Fees-for-Expungement.pdf","title":"Opinion to Hon. David F. Delgado: Fees for Expungement (June 26, 2020)","publisher":"Mississippi Attorney General's Office","accessed":"2026-10-22"},{"url":"https://courts.ms.gov/Legal/PAUPER%C3%BCS%20RIGHT%20TO%20WAIVER%20OF%20FILING%20FEES.pdf","title":"Pauper's Right to Waiver of Filing Fees","publisher":"Mississippi Judiciary","accessed":"2026-10-22"}]},{"id":"nonadjudication","name":"Nonadjudication","type":"dismissal","effect":"The court withholds acceptance of your guilty plea while you complete conditions. If you complete them, the court dismisses and closes the case, and on petition it shall expunge the record (§ 99-15-26(4)-(5)). A certified copy of every nonadjudication order goes to a confidential state database that prosecutors and the Attorney General can see on written request; it can be used for habitual-offender status, law enforcement certification and to make sure first-offender status is used only once (§ 45-27-21).","covers":"Felony or misdemeanor cases where the judge holds off on accepting a guilty plea until you complete conditions. It can be used only once.","outcomes":["diversion"],"narrow":null,"eligible":["In circuit or county court: felony or misdemeanor charges other than crimes against the person, crimes of violence (§ 97-3-2), violations of § 97-11-31, and crimes of taking or misusing funds received through a public office or public employment (§ 99-15-26(1)(a)).","In justice or municipal court: misdemeanor charges other than crimes against the person (§ 99-15-26(1)(b)).","Misdemeanor domestic violence charges in any of these courts (§ 99-15-26(1)(c)).","Conditions can include restitution, up to 960 hours of community service, a fine, treatment, and a period of good behavior of up to 5 years (circuit or county court) or 2 years (justice or municipal court) (§ 99-15-26(2))."],"not_eligible":["Anyone who has already received nonadjudication under this section (§ 99-15-26(1)(d)).","Trafficking in controlled substances under § 41-29-139(f).","DUI and other implied consent charges, which can be nonadjudicated only under § 63-11-30 (see the DUI section).","Crimes against the person and crimes of violence."],"waiting_periods":[{"record":"Nonadjudicated case after conditions are completed","wait":"No wait after the dismissal","detail":"The conditions themselves can last up to 5 years in circuit or county court, or 2 years in justice or municipal court (§ 99-15-26(2))."}],"automatic":"no","automatic_detail":"Nonadjudication is up to the judge in the criminal case, and the expunction after dismissal is on petition (§ 99-15-26(5)).","how_to_file":["Nonadjudication is decided by the judge in your criminal case when a guilty plea is entered (§ 99-15-26(1)).","Complete every condition the court sets.","When the court dismisses the case, file a petition with the same court to expunge the record (§ 99-15-26(5))."],"where":"The circuit, county, justice or municipal court handling the criminal case.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The Attorney General's 2023 opinion repeats a 2011 opinion that a petition to expunge a dismissed case filed as a new matter carries the $85 circuit clerk filing fee (§ 25-7-13(1)(a)), but not if it is filed in the original case. A 2020 Attorney General opinion says that when a case is dismissed without a conviction, including under § 99-15-26(5), the court may not charge the person any fees or fines associated with the case. Ask the clerk.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Miss. Code Ann. § 99-15-26","url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/0400-0499/HB0455IN.htm"},"sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/0400-0499/HB0455IN.htm","title":"House Bill 455 (As Introduced, died in committee), 2026: reprints current §§ 99-15-26 and 45-27-21 with proposed changes marked","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://attorneygenerallynnfitch.com/wp-content/uploads/2023/01/C.Bounds-January-19-2023-Fees-to-be-Collected-Upon-Filing-Petition-for-Expungement.pdf","title":"Opinion to Hon. Cecelia Bounds: Fees to be Collected Upon Filing Petition for Expungement (January 19, 2023)","publisher":"Mississippi Attorney General's Office","accessed":"2026-10-22"},{"url":"https://attorneygenerallynnfitch.com/wp-content/uploads/2020/07/D.Delgado_June-26-2020-Fees-for-Expungement.pdf","title":"Opinion to Hon. David F. Delgado: Fees for Expungement (June 26, 2020)","publisher":"Mississippi Attorney General's Office","accessed":"2026-10-22"}]},{"id":"drug-possession-discharge","name":"First-offense drug possession discharge and expunction","type":"expungement","effect":"Discharge and dismissal happens without a finding of guilt and is not a conviction for disqualifications or any other purpose, though a nonpublic record is kept. After an expunction order, you are restored to the status you had before the arrest or indictment and cannot be held guilty of perjury for not mentioning the arrest, indictment or trial, though you must tell the court privately if asked while being considered as a juror (§ 41-29-150(d)).","covers":"A first drug possession or drug paraphernalia case handled with probation instead of a judgment of guilt.","outcomes":["diversion"],"narrow":"First drug possession or paraphernalia cases only","eligible":["You have never been convicted under § 41-29-139 or any federal or other state drug law, and you are found guilty, after trial or a guilty plea, of violating § 41-29-139(c) (simple possession) or (d) (drug paraphernalia) (§ 41-29-150(d)(1)).","With your consent, the court defers the case and places you on probation for up to 3 years without entering a judgment of guilt.","If you complete probation, the court discharges you and dismisses the case. You may then apply for an expunction order, which the court enters after a hearing if it finds you were discharged and dismissed (§ 41-29-150(d)(2))."],"not_eligible":["Anyone with a prior drug conviction.","Anyone who has already received a discharge and dismissal under this section, since it can happen only once.","Violations other than § 41-29-139(c) or (d)."],"waiting_periods":[{"record":"After discharge and dismissal","wait":"No waiting period is stated","detail":"Probation lasts up to 3 years."}],"automatic":"no","automatic_detail":"The deferral is up to the judge, and you must apply for the expunction order after the dismissal.","how_to_file":["The judge decides on deferral in your drug case, with your consent.","Complete the probation conditions.","After the case is dismissed, apply to the same court for an order of expunction and attend the hearing."],"where":"The court that handled the drug case (§ 41-29-150(d)).","forms":[],"cost":{"filing_fee_usd":null,"detail":"We did not find a fee set out for this route. Ask the court clerk.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":null,"statute":{"cite":"Miss. Code Ann. § 41-29-150(d)","url":"https://billstatus.ls.state.ms.us/documents/2026/html/SB/2300-2399/SB2327IN.htm"},"sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/SB/2300-2399/SB2327IN.htm","title":"Senate Bill 2327 (As Introduced, died in committee), 2026: reprints current §§ 41-29-150, 9-23-23 and 63-11-30 with proposed changes marked","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1600-1699/HB1613SG.htm","title":"House Bill 1613 (As Sent to Governor, approved April 8, 2026), 2026 Regular Session: reprints current § 41-29-139, including the marijuana record rule in (c)(2)(A)1. and paraphernalia in (d)","publisher":"Mississippi Legislature","accessed":"2026-10-22"}]},{"id":"marijuana-possession-automatic-expunction","name":"Automatic expunction of small marijuana possession convictions","type":"expungement","effect":"For a first or second conviction for possessing 30 grams or less of marijuana (or 10 grams or less of synthetic cannabinoids), the court reports the conviction to the Mississippi Bureau of Narcotics, which keeps a private, nonpublic record for up to 2 years that courts use only to set the penalty for a later conviction. The statute says that record does not count as a criminal record for private or administrative inquiries and that the record of each conviction shall be expunged 2 years after the date of the conviction (Miss. Code Ann. § 41-29-139(c)(2)(A)1.).","covers":"First and second convictions for possessing 30 grams or less of marijuana or 10 grams or less of synthetic cannabinoids.","outcomes":["misdemeanor"],"narrow":"Small marijuana possession convictions only","eligible":["You were convicted of possessing 30 grams or less of marijuana or 10 grams or less of synthetic cannabinoids, and it was your first or second conviction under § 41-29-139(c)(2)(A).","Two years have passed since the date of the conviction."],"not_eligible":["A third or later conviction under this paragraph: the statute's 2-year record rule covers only first and second convictions.","Possession of larger amounts of marijuana, and other drugs."],"waiting_periods":[{"record":"First or second conviction for possessing 30 grams or less of marijuana","wait":"2 years from the date of the conviction","detail":"§ 41-29-139(c)(2)(A)1."}],"automatic":"yes","automatic_detail":"The statute says the record of each conviction shall be expunged at the end of 2 years and describes no petition. It does not say whether court records, and not only the Bureau of Narcotics record, are cleared, so check your record after 2 years.","how_to_file":["No filing is described in the statute.","After 2 years, check whether the conviction still appears, for example with the clerk of the court that convicted you.","If it still appears, ask the clerk or a legal aid office whether to petition under the first-offender misdemeanor route (§ 99-19-71(1))."],"where":"No filing is described. The court that convicted you reports the conviction to the Mississippi Bureau of Narcotics.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The statute describes no fee for this expunction.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":"2 years after the date of the conviction (§ 41-29-139(c)(2)(A)1.).","statute":{"cite":"Miss. Code Ann. § 41-29-139(c)(2)(A)1.","url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1600-1699/HB1613SG.htm"},"sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1600-1699/HB1613SG.htm","title":"House Bill 1613 (As Sent to Governor, approved April 8, 2026), 2026 Regular Session: reprints current § 41-29-139, including the marijuana record rule in (c)(2)(A)1. and paraphernalia in (d)","publisher":"Mississippi Legislature","accessed":"2026-10-22"}]},{"id":"intervention-court-expunction","name":"Intervention court completion","type":"expungement","effect":"If you complete all intervention court requirements, including paying fines and fees the court did not waive, the charge is dismissed. If you were sentenced when you pleaded guilty, completing the program and the rest of your probation or suspended sentence results in the conviction or adjudication being expunged (§ 9-23-23).","covers":"Charges and convictions of people who complete an intervention court (such as drug court) program.","outcomes":["diversion","misdemeanor","felony"],"narrow":"Intervention court graduates only","eligible":["You complete all requirements of the intervention court, including payment of fines and fees that were not waived (§ 9-23-23).","If you had not yet been sentenced, the charge is dismissed. If you were sentenced at your guilty plea, the conviction is expunged once you complete the program and probation."],"not_eligible":["Implied consent (DUI) violations cannot be expunged through intervention court (§ 9-23-23)."],"waiting_periods":[{"record":"Intervention court completion","wait":"No waiting period is stated","detail":null}],"automatic":"not_stated","automatic_detail":"The statute says completion will result in dismissal or expunction, but it does not say whether you must file anything. Ask the intervention court.","how_to_file":["Complete every requirement of your intervention court program.","Ask the intervention court or its coordinator to confirm the dismissal or expunction order was entered."],"where":"The intervention court that supervised you.","forms":[],"cost":{"filing_fee_usd":null,"detail":"We did not find a separate expunction fee for this route.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Miss. Code Ann. § 9-23-23","url":"https://billstatus.ls.state.ms.us/documents/2026/html/SB/2300-2399/SB2327IN.htm"},"sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/SB/2300-2399/SB2327IN.htm","title":"Senate Bill 2327 (As Introduced, died in committee), 2026: reprints current § 9-23-23","publisher":"Mississippi Legislature","accessed":"2026-10-22"}]},{"id":"dui-first-offense-expunction","name":"First-offense DUI expunction","type":"expungement","effect":"The record of the conviction is expunged. The Department of Public Safety keeps a permanent confidential registry of DUI expunctions, used only to decide eligibility for a later expunction, nonadjudication or first-offender treatment (§ 63-11-30(13)(b)).","covers":"A first-offense DUI conviction for a driver who did not hold a commercial driver's license or learner's permit.","outcomes":["misdemeanor"],"narrow":"First-offense DUI convictions only","eligible":["You were convicted of a first-offense DUI under § 63-11-30(2) or (3) and did not hold a commercial driver's license or commercial learning permit at the time.","At least 5 years have passed since you successfully completed all terms and conditions of the sentence.","You did not refuse a blood or breath test, and any test showed a blood alcohol concentration below .16%.","You have no other DUI conviction or pending DUI charge, and you have never had a DUI nonadjudication or expunction.","You give the court a justification for why the conviction should be expunged (§ 63-11-30(13)(a))."],"not_eligible":["Commercial driver's license or commercial learning permit holders at the time of the offense.","Anyone who refused a blood or breath test, or whose test showed .16% or more.","Anyone with a second DUI conviction or a pending DUI charge, or a prior DUI nonadjudication or expunction.","A second DUI expunction: only one is allowed (§ 63-11-30(13)(b))."],"waiting_periods":[{"record":"First-offense DUI conviction","wait":"5 years after you complete all terms and conditions of the sentence","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Wait 5 years after completing the sentence.","File a petition to expunge in the circuit court of the county where you were convicted.","Explain to the court why the conviction should be expunged.","If granted, the court states its reasons in writing and sends the order to the Department of Public Safety within 5 days (§ 63-11-30(13)(c))."],"where":"The circuit court of the county where the conviction was entered (§ 63-11-30(13)(a)).","forms":[],"cost":{"filing_fee_usd":null,"detail":"We did not confirm the fee for a DUI expunction petition. The $150 fee in § 99-19-72 is written for petitions under § 99-19-71. Ask the circuit clerk.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Miss. Code Ann. § 63-11-30(13)","url":"https://billstatus.ls.state.ms.us/documents/2026/html/SB/2300-2399/SB2327IN.htm"},"sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/SB/2300-2399/SB2327IN.htm","title":"Senate Bill 2327 (As Introduced, died in committee), 2026: reprints current § 63-11-30(13)-(14), with the proposed deletion marked","publisher":"Mississippi Legislature","accessed":"2026-10-22"}]},{"id":"trafficking-survivor-relief","name":"Vacatur and expunction for human trafficking survivors","type":"vacatur","effect":"The court can vacate (cancel) a conviction or delinquency adjudication under Mississippi's human trafficking law if your participation was the result of being a trafficking victim (§ 97-3-54.6(5)). Since July 1, 2026, the court can also expunge other misdemeanor and non-violent felony convictions that happened while you were being trafficked and as a direct result of it (§ 97-3-54.6(6), added by HB 1546).","covers":"Convictions of trafficking survivors that resulted from their trafficking.","outcomes":["misdemeanor","felony"],"narrow":"Human trafficking survivors only","eligible":["Vacatur: at any time after a conviction or delinquency adjudication under the human trafficking law, the court may vacate it on motion if it finds your participation in the offense was the result of being a victim (§ 97-3-54.6(5)).","Expunction: at any time after a conviction or delinquency adjudication for a misdemeanor, or a felony that is not a crime of violence under § 97-3-2, the court may expunge it on motion if it finds by a preponderance of the evidence that your participation happened while you were being trafficked and was a direct result of the trafficking (§ 97-3-54.6(6), effective July 1, 2026).","Official documentation from a federal, state or local government agency that you were a victim creates a presumption in your favor, but it is not required.","Not raising the trafficking defense at trial, or losing on it, does not stop you from asking for expunction (§ 97-3-54.6(7)(b))."],"not_eligible":["Crimes of violence listed in § 97-3-2 cannot be expunged under subsection (6)."],"waiting_periods":[{"record":"Conviction or adjudication linked to trafficking","wait":"None: you may file at any time after the conviction","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a motion to vacate or expunge in the court where the conviction or adjudication was entered.","Include any official documentation of your status as a trafficking victim, if you have it."],"where":"The court in which the conviction or adjudication of delinquency was entered (§ 97-3-54.6(5)-(6)).","forms":[],"cost":{"filing_fee_usd":null,"detail":"We did not find a fee set out for these motions.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Miss. Code Ann. § 97-3-54.6(5)-(7) (as amended by HB 1546, 2026)","url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1500-1599/HB1546SG.htm"},"sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1500-1599/HB1546SG.htm","title":"House Bill 1546 (As Sent to Governor), 2026 Regular Session: amends § 97-3-54.6","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/2026/pdf/history/HB/HB1546.xml","title":"House Bill 1546 history: approved by Governor 03/30/2026, effective July 1, 2026","publisher":"Mississippi Legislature","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"Mississippi has no Clean Slate law, and almost every route needs a petition or motion. The one automatic rule we found is in the drug law: for a first or second conviction for possessing 30 grams or less of marijuana (or 10 grams or less of synthetic cannabinoids), the Bureau of Narcotics keeps a private, nonpublic record for up to 2 years, and the statute says the record of each conviction shall be expunged 2 years after the conviction (Miss. Code Ann. § 41-29-139(c)(2)(A)1.). We could not confirm when that rule took effect, so no date is given. The intervention court statute (§ 9-23-23) says completion will result in expunction but does not say whether a filing is needed. Bills to create broader automatic expungement died in both recent sessions: HB 497, HB 1116 and HB 1117 in 2025, and HB 455, HB 456, HB 757 and HB 1344 in 2026.","sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1600-1699/HB1613SG.htm","title":"House Bill 1613 (As Sent to Governor, approved April 8, 2026), 2026 Regular Session: reprints current § 41-29-139, including the marijuana record rule in (c)(2)(A)1. and paraphernalia in (d)","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/2026/pdf/all_measures/allmsrs.xml","title":"All measures, 2026 Regular Session (status of expungement bills)","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/2025/pdf/all_measures/allmsrs.xml","title":"All measures, 2025 Regular Session (status of expungement bills)","publisher":"Mississippi Legislature","accessed":"2026-10-22"}]},"marijuana":{"detail":"A first offense of possessing 30 grams or less of marijuana (or 10 grams or less of synthetic cannabinoids) is punished by a $100 to $250 fine. For a first or second such conviction, the court reports it to the Mississippi Bureau of Narcotics, which keeps a private, nonpublic record for up to 2 years. The statute says that record does not count as a criminal record for private or administrative inquiries and that the record of each conviction shall be expunged 2 years after the conviction (Miss. Code Ann. § 41-29-139(c)(2)(A)1.). It does not say whether court records are cleared too. Other marijuana cases can go through the first-offense drug possession discharge and expunction process (§ 41-29-150(d)), and a misdemeanor conviction may qualify for first-offender misdemeanor expunction (§ 99-19-71(1)) or justice or municipal court expunction. Bills in 2025 and 2026 to make small-amount possession a civil penalty or to legalize marijuana died.","sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1600-1699/HB1613SG.htm","title":"House Bill 1613 (As Sent to Governor, approved April 8, 2026), 2026 Regular Session: reprints current § 41-29-139, including the marijuana record rule in (c)(2)(A)1. and paraphernalia in (d)","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/SB/2300-2399/SB2327IN.htm","title":"Senate Bill 2327 (As Introduced, died in committee), 2026: reprints current § 41-29-150","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/2026/pdf/code_sections/041/00290139.xml","title":"2026 Regular Session bills affecting § 41-29-139","publisher":"Mississippi Legislature","accessed":"2026-10-22"}]},"non_conviction":{"detail":"If you were arrested and released and the case was dismissed, the charges were dropped, there was no disposition, or you were found not guilty, the justice, county, circuit or municipal court must expunge the record when you petition (Miss. Code Ann. § 99-19-71(4)). A misdemeanor arrest that was not formally charged within 12 months can be expunged on application (§ 99-15-59). Completed nonadjudication (§ 99-15-26) and pretrial intervention (§ 99-15-123) end in dismissal, and the record can then be expunged on petition. The state crime information center must purge and destroy its records once it receives the order (§ 45-27-9). A $150 fee applies to petitions under § 99-19-71 (§ 99-19-72).","sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1500-1599/HB1546SG.htm","title":"House Bill 1546 (As Sent to Governor), 2026 Regular Session: current text of § 99-19-71","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/0400-0499/HB0455IN.htm","title":"House Bill 455 (As Introduced, died in committee), 2026: reprints current §§ 99-15-26, 99-15-59, 45-27-9 and 99-19-72","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1700-1799/HB1751IN.htm","title":"House Bill 1751 (As Introduced, died on calendar), 2026: reprints current § 99-15-123","publisher":"Mississippi Legislature","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"A first-offense DUI conviction can be expunged once, 5 years after you complete the sentence, by petition to the circuit court of the county of conviction. You must not have held a commercial driver's license or permit, must not have refused a blood or breath test, must have tested below .16% (if tested), must have no other DUI conviction or pending charge and no prior DUI nonadjudication or expunction, and must give the court a justification (Miss. Code Ann. § 63-11-30(13)). Instead of a conviction, a first DUI can also be nonadjudicated once, but not for commercial license holders or anyone with a prior or pending DUI charge; the case goes into a permanent confidential registry kept by the Department of Public Safety (§ 63-11-30(14)). DUI cannot be handled under the general nonadjudication law (§ 99-15-26(1)(d)) or expunged through intervention court (§ 9-23-23). The general misdemeanor expunction law excludes traffic violations (§ 99-19-71(1)). A third or later DUI felony cannot be expunged, and aggravated DUI that negligently causes a death or a serious, permanent injury (§ 63-11-30(5)) and DUI while carrying a child under 16 that seriously injures or kills the child (§ 63-11-30(12)(d)) are crimes of violence that are excluded from felony expunction (§§ 99-19-71(2)(a), 97-3-2(1)(a)). A July 15, 2026 Attorney General opinion, citing a 2020 opinion, says a first-offense DUI conviction must be expunged in circuit court, but a municipal court can expunge a first-offense DUI charge that it nonadjudicated.","sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/SB/2300-2399/SB2327IN.htm","title":"Senate Bill 2327 (As Introduced, died in committee), 2026: reprints current § 63-11-30(13)-(14) and § 9-23-23","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1500-1599/HB1546SG.htm","title":"House Bill 1546 (As Sent to Governor), 2026 Regular Session: current text of § 99-19-71","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/0400-0499/HB0455IN.htm","title":"House Bill 455 (As Introduced, died in committee), 2026: reprints current § 99-15-26","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2023/html/SB/2200-2299/SB2261IN.htm","title":"Senate Bill 2261 (As Introduced, died in committee), 2023: reprints § 97-3-2","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://attorneygenerallynnfitch.com/wp-content/uploads/2026/07/R.-Phipps-July-15-2026-Jurisdiction-to-Expunge-Municipal-Court-Convictions.pdf","title":"Opinion to Hon. Rebecca Phipps: Jurisdiction to Expunge Municipal Court Convictions (July 15, 2026)","publisher":"Mississippi Attorney General's Office","accessed":"2026-10-22"}]},"employers":{"detail":"After an expunction under § 99-19-71, you cannot be held guilty of perjury or of giving a false statement for not mentioning the arrest, indictment or conviction in response to an inquiry, except when a court is deciding first-offender status. But the same law says an expunction order does not stop an employer from asking a job applicant whether an expunction order has been entered for them (Miss. Code Ann. § 99-19-71(3)). Expunged and nonadjudicated records stay in a confidential state database that the Law Enforcement Standards and Training Board can use for officer certification (§ 45-27-21). We found no Mississippi law limiting when private employers may ask about criminal records. A 2025 bill to create a Ban-the-Box Act for state employers (HB 34) died in committee, and it would not have applied to private employers.","sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1500-1599/HB1546SG.htm","title":"House Bill 1546 (As Sent to Governor), 2026 Regular Session: current text of § 99-19-71","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/0400-0499/HB0455IN.htm","title":"House Bill 455 (As Introduced, died in committee), 2026: reprints current § 45-27-21","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2025/html/HB/0001-0099/HB0034IN.htm","title":"House Bill 34 (As Introduced, died in committee), 2025: Ban-the-Box Act for public employers","publisher":"Mississippi Legislature","accessed":"2026-10-22"}]},"free_help":[{"name":"Mississippi Center for Justice: Expungement","url":"https://mscenterforjustice.org/our-work/economic-justice/expungement/","type":"legal_aid","detail":"Nonprofit legal services for expungement in all 82 counties, including for people facing financial hardship. As of October 22, 2026, it had paused new eligibility forms while it works through its waitlist."},{"name":"MSLegalServices.org","url":"https://www.mslegalservices.org/","type":"legal_aid","detail":"Statewide legal aid site for North Mississippi Rural Legal Services (intake 1-800-898-8731; its online intake was temporarily closed as of October 22, 2026) and Mississippi Center for Legal Services (intake 1-800-519-2915). We found no expungement guide on the site."}],"sources":[{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1500-1599/HB1546SG.htm","title":"House Bill 1546 (As Sent to Governor), 2026 Regular Session","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/2026/pdf/history/HB/HB1546.xml","title":"House Bill 1546 history","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/0400-0499/HB0455IN.htm","title":"House Bill 455 (As Introduced), 2026","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/SB/2300-2399/SB2327IN.htm","title":"Senate Bill 2327 (As Introduced), 2026","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/SB/2200-2299/SB2228CS.htm","title":"Senate Bill 2228 (Committee Substitute, died on calendar), 2026: reprints § 99-19-71 as it stood before HB 1546","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://attorneygenerallynnfitch.com/wp-content/uploads/2023/01/C.Bounds-January-19-2023-Fees-to-be-Collected-Upon-Filing-Petition-for-Expungement.pdf","title":"Opinion to Hon. Cecelia Bounds: Fees to be Collected Upon Filing Petition for Expungement (January 19, 2023)","publisher":"Mississippi Attorney General's Office","accessed":"2026-10-22"},{"url":"https://billstatus.ls.state.ms.us/documents/2026/html/HB/1600-1699/HB1613SG.htm","title":"House Bill 1613 (As Sent to Governor, approved April 8, 2026), 2026 Regular Session: reprints current § 41-29-139, including the marijuana record rule in (c)(2)(A)1. and paraphernalia in (d)","publisher":"Mississippi Legislature","accessed":"2026-10-22"},{"url":"https://attorneygenerallynnfitch.com/wp-content/uploads/2020/07/D.Delgado_June-26-2020-Fees-for-Expungement.pdf","title":"Opinion to Hon. David F. Delgado: Fees for Expungement (June 26, 2020)","publisher":"Mississippi Attorney General's Office","accessed":"2026-10-22"},{"url":"https://attorneygenerallynnfitch.com/wp-content/uploads/2026/07/R.-Phipps-July-15-2026-Jurisdiction-to-Expunge-Municipal-Court-Convictions.pdf","title":"Opinion to Hon. Rebecca Phipps: Jurisdiction to Expunge Municipal Court Convictions (July 15, 2026)","publisher":"Mississippi Attorney General's Office","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"missouri","code":"MO","name":"Missouri","terms":["expungement","closed records","automatic expungement","marijuana expungement"],"summary":"Missouri lets people petition to expunge many misdemeanors and nonviolent felonies (RSMo 610.140) once 1 year (misdemeanors) or 3 years (felonies) has passed since they finished their sentence or probation, with a lifetime limit of two felonies and three misdemeanors. Violent, sex, class A and DWI offenses are mostly excluded, though a first misdemeanor DWI can be expunged after 10 years under a separate law. The 2022 marijuana amendment (Amendment 3) required courts to expunge most past marijuana offenses on their own. A 2026 law (SB 1421) adds automatic expungement of drug possession and paraphernalia convictions, starting no later than January 1, 2027.","remedies":[{"id":"expungement-610-140","name":"Expungement by petition (RSMo 610.140)","type":"expungement","effect":"Records held by the agencies you name in the petition are closed, court records become confidential, and the state repository asks the FBI to expunge its files. The order restores civil rights such as voting, jury service and holding office. You generally don't have to disclose the expunged offense and may answer \"no\" to an employer's question about arrests, charges or convictions if you have no other public record, but you must disclose it to a court when asked, and on applications for state professional licenses, gaming or firearms permits, lottery jobs, emergency services and law enforcement jobs, federally insured banks and credit unions, insurance jobs, and jobs where law requires excluding people with certain convictions. Police, prosecutors and courts can still use it as a prior offense.","covers":"Most Missouri misdemeanors, nonviolent felonies, municipal ordinance violations and infractions, up to lifetime limits.","outcomes":["no_conviction","misdemeanor","felony"],"narrow":null,"eligible":["The offense happened in Missouri and was prosecuted in a Missouri court.","The waiting period has passed since you completed the sentence, probation or other disposition.","You had no new misdemeanor or felony conviction during the waiting period (most traffic offenses don't count against you).","You have paid all fines and restitution and satisfied every other obligation of the sentence.","You have no pending charges.","Your habits and conduct show you are not a threat to public safety, and expungement is consistent with the public welfare and the interests of justice. If you meet the other criteria, the law presumes you qualify and the prosecutor must rebut it.","Lifetime limit: up to two felonies and three misdemeanors or jailable ordinance violations (no limit on infractions). Offenses from the same course of conduct can be filed together and count as one, at the highest level."],"not_eligible":["Any class A felony.","Any \"dangerous felony\" as defined in RSMo 556.061.","Any offense that requires sex offender registration.","Any felony where death is an element.","Any felony assault, misdemeanor or felony domestic assault, or felony kidnapping.","A long list of other offenses named in 610.140.3(6), including chapter 566 sex offenses.","Any intoxication-related traffic or boating offense (RSMo 577.001), and operating an aircraft while intoxicated (see the separate DWI expungement below).","Any traffic law violation committed by someone who holds or is required to hold a commercial driver's license.","Most weapons offenses under RSMo 571.030, with limited exceptions.","After a petition is dismissed for not meeting the criteria, you must wait one year from the prior filing date to file again."],"waiting_periods":[{"record":"Felony","wait":"3 years","detail":"Counted from completing the sentence, probation or other authorized disposition (RSMo 557.011)."},{"record":"Misdemeanor, municipal ordinance violation or infraction","wait":"1 year","detail":"Same starting point."},{"record":"Arrest with no charge or conviction","wait":"18 months after the arrest","detail":"File in the county of arrest. You must not have been charged with, or found guilty of, any misdemeanor or felony during that time (610.140.7)."}],"automatic":"no","automatic_detail":null,"how_to_file":["List every offense you want expunged in one petition, using the court's form (CR360 for 610.140).","Name every agency that may have records as a defendant: courts, police and sheriff, prosecutors, the Missouri State Highway Patrol records repository, and others. The order binds only the agencies you name.","File in the circuit court of the county where you were charged or found guilty, and pay the filing fee or file a request to proceed as a poor person.","Have the defendants served. The prosecutor has 30 days to object in writing; if there is an objection, the court generally sets a hearing.","The court must issue an order of expungement or dismissal within six months of filing."],"where":"The Missouri circuit court in the county where you were charged or found guilty (for an arrest only, the county of arrest).","forms":[{"name":"CR360 Petition for Expungement, Section 610.140 RSMo (rev. 10-24)","url":"https://www2.courts.mo.gov/file.jsp?id=56341"},{"name":"13th Judicial Circuit expungement packet, including GN10 Motion and Affidavit in Support of Request to Proceed as a Poor Person","url":"https://www.courts.mo.gov/hosted/circuit13/forms/Civil/CIVIL_ExpungementPacket.pdf"}],"cost":{"filing_fee_usd":null,"detail":"There is no single statewide amount. You pay the local circuit court filing fee plus a fee to serve each named agency: Boone County's packet lists about $100.50 to file plus $7 per certified-mail service or $30 by sheriff. The $250 surcharge that RSMo 488.650 used to add to every 610.140 petition was repealed by 2023 S.B. 103, effective August 28, 2023.","fee_waiver":"yes","fee_waiver_detail":"File a Motion and Affidavit in Support of Request to Proceed as a Poor Person (form GN10) with your petition; the judge decides. If it is granted, the court covers service costs."},"hearing":"sometimes","timeline":"The court must rule (grant or dismiss) within six months of filing (610.140.8).","statute":{"cite":"RSMo 610.140","url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.140"},"sources":[{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.140","title":"RSMo 610.140 Expungement of certain criminal records (version effective 1/1/2025)","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://www2.courts.mo.gov/file.jsp?id=56341","title":"CR360 Petition for Expungement - Section 610.140 RSMo","publisher":"Missouri Courts","accessed":"2026-10-22"},{"url":"https://www.courts.mo.gov/hosted/circuit13/forms/Civil/CIVIL_ExpungementPacket.pdf","title":"Expungement packet","publisher":"13th Judicial Circuit of Missouri (Boone County)","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=488.650","title":"RSMo 488.650 (Repealed L. 2023 S.B. 103)","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://www.courts.mo.gov/page.jsp?id=45443","title":"Expungement","publisher":"Missouri Courts","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=488.650&bid=33572","title":"RSMo 488.650, version effective 1/1/2018 to 8/28/2023 ($250 surcharge on 610.140 petitions)","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"}]},{"id":"dwi-expungement-610-130","name":"Expungement of a first alcohol-related driving offense (RSMo 610.130)","type":"expungement","effect":"Court records of the offense become confidential (available only to the parties or by court order), and you are treated as if the arrest, plea or conviction never happened; you can't be charged with perjury for not disclosing it. The state may keep a record to enforce the one-time limit.","covers":"One first intoxication-related traffic or boating offense that was a misdemeanor or a city or county ordinance violation, after 10 years.","outcomes":["misdemeanor"],"narrow":"First DWI or boating-while-intoxicated only","eligible":["It was your first intoxication-related traffic or boating offense, and it was a misdemeanor or ordinance violation.","At least 10 years have passed.","You have had no later intoxication-related traffic or boating conviction, no later alcohol-related enforcement contacts, and nothing of the kind is pending.","Only one expungement under this section is allowed per person."],"not_eligible":["A conviction for driving a commercial motor vehicle under the influence of alcohol.","Anyone who holds, or is required to hold, a commercial driver's license from Missouri or another state.","Felony DWI offenses and second or later offenses."],"waiting_periods":[{"record":"First misdemeanor or ordinance DWI/BWI","wait":"10 years","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Apply to the court where you pleaded guilty or were sentenced; the 13th Circuit packet notes you must draft your own petition for 610.130.","The court holds a hearing and, if the conditions are met, must enter an order of expungement."],"where":"The court where you pleaded guilty or were sentenced.","forms":[{"name":"13th Judicial Circuit packet (includes CV205 Judgment for a first alcohol-related offense)","url":"https://www.courts.mo.gov/hosted/circuit13/forms/Civil/CIVIL_ExpungementPacket.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Local court filing fee plus service; Boone County's packet lists about $100.50 for a 610.130 petition.","fee_waiver":"yes","fee_waiver_detail":"Form GN10, Motion and Affidavit in Support of Request to Proceed as a Poor Person."},"hearing":"yes","timeline":null,"statute":{"cite":"RSMo 610.130","url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.130"},"sources":[{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.130","title":"RSMo 610.130 (effective 1/1/2017; transferred from 577.054)","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://www.courts.mo.gov/hosted/circuit13/forms/Civil/CIVIL_ExpungementPacket.pdf","title":"Expungement packet","publisher":"13th Judicial Circuit of Missouri (Boone County)","accessed":"2026-10-21"}]},{"id":"automatic-drug-expungement-610-141","name":"Automatic expungement of drug possession and paraphernalia convictions (RSMo 610.141)","type":"expungement","effect":"Eligible convictions are expunged as a matter of law, with records closed and civil rights restored, without a petition or fee. Court case records become confidential and the Highway Patrol shares deletion information with consumer reporting agencies on request. As with petition expungement, you must still disclose to agencies allowed to see closed records, and the offense can count as a prior in a later case.","covers":"Convictions for drug possession (RSMo 579.015, or 195.202 before 2017) and unlawful possession of drug paraphernalia (RSMo 579.074, or 195.233 before 2017).","outcomes":["misdemeanor","felony"],"narrow":"Drug possession and paraphernalia only","eligible":["A final conviction for one of the four qualifying possession or paraphernalia offenses, and the case contains only qualifying convictions.","1 year has passed since final disposition for a misdemeanor, or 3 years for a felony, with no new misdemeanor or felony conviction in that time (most traffic offenses don't count).","No outstanding arrest or pending misdemeanor or felony charge when the check is run.","Applies to past convictions too, as long as there is an electronic record.","Counts toward the same lifetime limit as petition expungement (two felonies and three misdemeanors combined)."],"not_eligible":["Class A felonies.","Cases that include any non-qualifying conviction.","Offenses other than the four listed possession and paraphernalia offenses (use a 610.140 petition instead)."],"waiting_periods":[{"record":"Qualifying misdemeanor","wait":"1 year after final disposition","detail":"Final disposition means completing all court-imposed terms and unconditional release from custody."},{"record":"Qualifying felony","wait":"3 years after final disposition","detail":null}],"automatic":"yes","automatic_detail":"The Missouri State Highway Patrol's central repository must screen records at least weekly and expunge eligible convictions; the Office of State Courts Administrator closes the court records. The law says this starts \"when technically feasible\" but \"no later than January 1, 2027.\" If an eligible record isn't expunged, the only remedy is to file a 610.140 petition.","how_to_file":["No filing is needed.","After the program starts, check whether your case still appears on Case.net, Missouri's public court case search.","If an eligible conviction was missed, file a petition under 610.140."],"where":"Handled by the Missouri State Highway Patrol central repository and the Office of State Courts Administrator.","forms":[],"cost":{"filing_fee_usd":0,"detail":"Automatic; the statute requires no filing.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"Begins when technically feasible, no later than January 1, 2027; screening runs at least weekly after that.","statute":{"cite":"RSMo 610.141 (L. 2026 S.B. 1421)","url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.141"},"sources":[{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.141","title":"RSMo 610.141 Automatic expungement of eligible offenses (effective 8/28/2026)","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://www.senate.mo.gov/Media/NewsDetails?id=2337","title":"Senator Brian Williams' Landmark Automatic Expungement Proposal Passed by General Assembly","publisher":"Missouri Senate","accessed":"2026-10-21"}]},{"id":"marijuana-expungement","name":"Marijuana expungement (Mo. Const. art. XIV, sec. 2.10)","type":"expungement","effect":"The conviction and sentence are vacated as legally invalid and records are expunged, restoring the person to the status before the arrest. You may deny the record on job, licensing and similar applications and can't be prosecuted again for the vacated offense.","covers":"Most past marijuana offenses that are no longer crimes, plus misdemeanor and felony marijuana possession offenses, under the 2022 voter-approved Amendment 3.","outcomes":["misdemeanor","felony"],"narrow":"Marijuana offenses only","eligible":["Offenses that are no longer crimes under Amendment 3, misdemeanor marijuana offenses, and felony marijuana offenses.","People in custody or under supervision for a marijuana misdemeanor, or a class D or E felony involving 3 pounds or less, could petition the sentencing court (if incarcerated) or were released from probation or parole automatically."],"not_eligible":["Distribution or delivery to a minor.","Offenses involving violence.","Operating a motor vehicle while under the influence of marijuana.","Class A, B and C felonies, and class D felonies involving more than 3 pounds, are expunged only after the person finishes incarceration, probation or parole."],"waiting_periods":[{"record":"Marijuana misdemeanor (automatic)","wait":"Courts were to finish within 6 months of the amendment's December 8, 2022 effective date (by June 8, 2023)","detail":"News reports said courts would miss the deadlines, so check Case.net to see whether your case was cleared."},{"record":"Marijuana felony, person not under supervision (automatic)","wait":"Courts were to finish within 12 months of the amendment's December 8, 2022 effective date (by December 8, 2023)","detail":null}],"automatic":"yes","automatic_detail":"Courts were required to expunge eligible marijuana records on their own. People who were incarcerated had to petition the sentencing court, and the Office of the State Public Defender must provide a pro se form.","how_to_file":["Most eligible records should already be expunged; check Case.net.","If you were incarcerated for an eligible offense, petition the sentencing court to vacate the sentence and expunge the records; the court must grant it absent good cause."],"where":"The circuit court where the case was handled.","forms":[],"cost":{"filing_fee_usd":0,"detail":"For petitions by people in custody or under supervision, the amendment says the court \"shall not assess any filing fee.\"","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"Mo. Const. art. XIV, sec. 2.10(7)-(8)","url":"https://revisor.mo.gov/main/OneSection.aspx?section=XIV++++2&constit=y"},"sources":[{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=XIV++++2&constit=y","title":"Missouri Constitution Article XIV, Section 2","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://www.courts.mo.gov/page.jsp?id=45443","title":"Expungement","publisher":"Missouri Courts","accessed":"2026-10-21"}]}],"clean_slate":{"status":"partial","effective":"2022-12-08","detail":"Missouri has two automatic programs, neither a broad Clean Slate law. (1) Since Amendment 3 (2022), courts must automatically expunge most past marijuana offenses. (2) RSMo 610.141, enacted by SB 1421 (2026), makes drug possession and paraphernalia convictions expunge automatically 1 year (misdemeanor) or 3 years (felony) after final disposition. The section became law August 28, 2026, but screening starts \"when technically feasible\" and no later than January 1, 2027. The date shown is when court-ordered marijuana expungement under Amendment 3 began. Other offenses still require a petition under 610.140.","sources":[{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.141","title":"RSMo 610.141","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=XIV++++2&constit=y","title":"Missouri Constitution Article XIV, Section 2","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://www.courts.mo.gov/page.jsp?id=45443","title":"Expungement","publisher":"Missouri Courts","accessed":"2026-10-21"}]},"marijuana":{"detail":"Amendment 3 (Mo. Const. art. XIV, sec. 2.10) required courts to automatically expunge most marijuana offenses, misdemeanors within 6 months and felonies within 12 months of the amendment's December 8, 2022 effective date, and let people in custody petition the sentencing court with no filing fee. It excludes distribution to a minor, offenses involving violence, and driving under the influence of marijuana. News reports in 2023 said courts would miss the deadline; check Case.net to see whether your case was cleared. Possession convictions not cleared this way may be covered by the new automatic expungement in RSMo 610.141 starting by January 1, 2027.","sources":[{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=XIV++++2&constit=y","title":"Missouri Constitution Article XIV, Section 2","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://www.courts.mo.gov/page.jsp?id=45443","title":"Expungement","publisher":"Missouri Courts","accessed":"2026-10-21"}]},"non_conviction":{"detail":"Under RSMo 610.105, when a case is nolle prossed or dismissed, you are found not guilty, or you got a suspended imposition of sentence (SIS), the official records become closed records once the case is finally over; the judgment and the prosecutor's final action stay accessible. To fully expunge an arrest, you can petition under 610.140.7 no earlier than 18 months after the arrest if you weren't charged or found guilty of any misdemeanor or felony in that time, or under 610.122 if the arrest was based on false information, or for a dismissed minor traffic charge (not intoxication-related, not a commercial driver).","sources":[{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.105","title":"RSMo 610.105","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.122","title":"RSMo 610.122","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.140","title":"RSMo 610.140","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"}]},"dui":{"eligible":"some","detail":"Intoxication-related traffic and boating offenses are excluded from regular expungement (RSMo 610.140.3(8)), and so is any traffic violation by a commercial driver's license holder. The one exception is RSMo 610.130: a first intoxication-related driving or boating offense that was a misdemeanor or ordinance violation can be expunged once, after 10 years, if you have had no later alcohol-related offenses or enforcement contacts and you don't hold or need a CDL. Felony DWI and repeat offenses are not eligible. Marijuana-impaired driving is excluded from Amendment 3 expungement.","sources":[{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.140","title":"RSMo 610.140","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.130","title":"RSMo 610.130","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=XIV++++2&constit=y","title":"Missouri Constitution Article XIV, Section 2","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"}]},"employers":{"detail":"After a 610.140 expungement you may answer \"no\" to an employer's question about arrests, charges or convictions if no other public record remains, but you must disclose for jobs where law requires excluding people with certain convictions, and for gaming, lottery, emergency services and law enforcement, federally insured banks and credit unions, and insurance jobs (610.140.10-11). Employers must tell applicants about those disclosure rules. An expunged offense isn't automatic grounds to disqualify you, but it may be a factor in denying a job or license. Under RSMo 610.143 (2026), records covered by a full pardon or expungement, and arrests that didn't lead to a conviction, may no longer be reported; the Attorney General and harmed consumers can sue over violations; and employers, volunteer groups and landlords are generally immune from liability tied to an expunged record if they used reasonable care. We did not confirm a ban-the-box law covering private employers.","sources":[{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.140","title":"RSMo 610.140","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.143","title":"RSMo 610.143 (effective 8/28/2026)","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"}]},"free_help":[{"name":"Missouri Courts: Expungement","url":"https://www.courts.mo.gov/page.jsp?id=45443","type":"court_self_help","detail":"Official explanation of expungement and free court forms and instructions."},{"name":"Clear My Record Missouri pro se guide (UMKC Expungement Clinic)","url":"https://clearmyrecordmo.org/wp-content/uploads/2025/03/Pro-Se-Guide-Step-6-7.pdf","type":"legal_aid","detail":"Free step-by-step guide to filing on your own, including the fee-waiver application."}],"sources":[{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.140","title":"RSMo 610.140","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.130","title":"RSMo 610.130","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.141","title":"RSMo 610.141","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.143","title":"RSMo 610.143","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.105","title":"RSMo 610.105","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.122","title":"RSMo 610.122","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=488.650","title":"RSMo 488.650 (repealed)","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=XIV++++2&constit=y","title":"Missouri Constitution Article XIV, Section 2","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://www.courts.mo.gov/page.jsp?id=45443","title":"Expungement","publisher":"Missouri Courts","accessed":"2026-10-21"},{"url":"https://www2.courts.mo.gov/file.jsp?id=56341","title":"CR360 Petition for Expungement","publisher":"Missouri Courts","accessed":"2026-10-22"},{"url":"https://www.courts.mo.gov/hosted/circuit13/forms/Civil/CIVIL_ExpungementPacket.pdf","title":"Expungement packet","publisher":"13th Judicial Circuit of Missouri","accessed":"2026-10-21"},{"url":"https://www.senate.mo.gov/Media/NewsDetails?id=2337","title":"Automatic expungement proposal passed by General Assembly","publisher":"Missouri Senate","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=488.650&bid=33572","title":"RSMo 488.650 (version effective 1/1/2018 to 8/28/2023)","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"},{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=610.144","title":"RSMo 610.144 Missouri Expungement Fund (effective 8/28/2026)","publisher":"Missouri Revisor of Statutes","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"montana","code":"MT","name":"Montana","terms":["expungement","dismissal after deferred imposition","confidential criminal justice information","redesignation"],"summary":"Montana lets people with misdemeanor convictions ask a district court, once in a lifetime, to expunge all of their Montana misdemeanors. Expungement is presumed after 5 conviction-free years from finishing the sentence, but not if you have a conviction for assault, partner or family member assault, stalking, sexual assault, a protective order violation or DUI; then a judge weighs the case. There is no general way to expunge a felony, but a deferred sentence (felony or misdemeanor) can end in dismissal and sealing, and marijuana convictions affected by the 2021 cannabis law can be expunged or reduced. The state Department of Justice says it removes arrests that didn't lead to a conviction from the state criminal history automatically.","remedies":[{"id":"misdemeanor-expungement","name":"Misdemeanor expungement","type":"expungement","effect":"The Department of Justice permanently destroys, deletes or erases the records of the expunged offenses from its criminal history record information system; fingerprint records and data kept for investigative purposes are not covered (MCA §§ 46-18-1103, 46-18-1110(3)). The order also directs the arresting agency, the prosecutor's office and the clerk of the sentencing court to permanently seal all records of the arrest, investigation, detention and court proceedings for each offense (§ 46-18-1110(2)(a)), and the court's form order asks the clerk to seal the expungement case itself. The statute does not say whether you may deny an expunged conviction on a job application, and it does not reach copies held by private background-check companies.","covers":"All of a person's Montana misdemeanor convictions, from one or several courts and cases, in one lifetime petition.","outcomes":["misdemeanor"],"narrow":null,"eligible":["You were convicted of one or more misdemeanors in Montana, in one court or several and in one case or several, and you have never had records expunged under this law before (MCA § 46-18-1104(1)).","Expungement is presumed if you are not being detained for an offense, are not charged with one and have no new charges pending, and you have had no conviction in Montana, another state or federal court for 5 years since you completed the sentence, including paying financial obligations and finishing court-ordered treatment (§ 46-18-1107(1)).","The presumption also applies if you have applied to a U.S. military academy, applied to enlist in the armed forces or National Guard, or are serving and are being held back because of the conviction (§ 46-18-1107(2)).","If you have any conviction for assault, partner or family member assault, stalking, sexual assault, violating a protective order, DUI, or an offense with a DUI-enhanced penalty, expungement can still be granted, but it is not presumed (§ 46-18-1108(1)). The judge weighs your age at the time, the time since the offense, your rehabilitation, the likelihood you will reoffend and any other factor (§ 46-18-1108(2)).","The court decides by a preponderance of the evidence, and can deny a presumed expungement if public safety demands it. It may expunge all, some or none of the listed offenses (§§ 46-18-1109, 46-18-1110(1))."],"not_eligible":["Felony convictions. Montana Legal Services Association says there is currently no process for expunging felony convictions, except some marijuana-related felonies (MontanaLawHelp.org).","Anyone who has already had records expunged under this law. You may petition only once in your lifetime (§ 46-18-1104(1)-(2)).","Convictions from other states, federal court or Tribal courts are not covered by the court's packet; you file in a Montana district court where you were convicted (§ 46-18-1105; court packet)."],"waiting_periods":[{"record":"Misdemeanor conviction (presumed expungement)","wait":"5 years with no new conviction after completing the sentence","detail":"The 5 years run from completing all sentencing terms, including fines and other financial obligations and court-ordered treatment (§ 46-18-1107(1)). The military route has no waiting period (§ 46-18-1107(2))."},{"record":"Petition without the presumption (for example, if you have a conviction for assault, partner or family member assault, stalking, sexual assault, a protective order violation or DUI)","wait":"No fixed wait in the statute","detail":"The court considers the length of time since the offense, along with other factors (§ 46-18-1108(2))."}],"automatic":"no","automatic_detail":"You must file a petition; MontanaLawHelp.org says expungement is not automatic.","how_to_file":["Get your Montana criminal history from the Department of Justice (about $10-$30) and search the court public access portals, since some misdemeanors may not appear on the state check. List every conviction, because you can petition only once.","Get copies of your judgments from the courts where you were convicted.","Fill out the Petition for Expungement of Misdemeanor Records (ER-100), the certificate of service and the proposed Order Expunging Misdemeanor Records (ER-200). If you cannot afford the fee, add the Statement of Inability to Pay Court Costs and Fees and its proposed order.","File with the clerk of the district court in a judicial district where at least one of your convictions happened. One petition can cover convictions from other courts, such as municipal and justice courts in other counties.","Mail or deliver a file-stamped copy of the petition to every county or city attorney's office that prosecuted one of the offenses (§ 46-18-1106(1)). The prosecutor must try to notify any victim within 14 days.","If no one objects, the court may grant the petition without a hearing. If the prosecutor or a victim objects, the court may set a hearing, where the rules of evidence don't apply and you can bring letters and other evidence of rehabilitation.","If the order is granted, send copies to the arresting agencies, prosecutors and courts, and mail the Department of Justice Expungement/Removal Request Form with a blue FD-258 fingerprint card, your judgments and the order to DOJ CRISS, P.O. Box 201403, Helena, MT 59620. DOJ sends a confirmation letter."],"where":"The district court in any judicial district where you were convicted of one of the misdemeanors (MCA § 46-18-1105).","forms":[{"name":"Misdemeanor Expungement in Montana packet (instructions, Petition ER-100, Order ER-200, Statement of Inability to Pay Court Costs and Fees)","url":"https://courts.mt.gov/external/forms/misexpcon/srmisexp2025.pdf"},{"name":"Montana DOJ Expungement/Removal Request Form (send after the order is granted)","url":"https://dojmt.gov/wp-content/uploads/20240429-Updated-ExpungementRemovalRequestForm.docx"}],"cost":{"filing_fee_usd":120,"detail":"The court's packet says to ask for a fee waiver if you can't afford \"the filing fee\" but doesn't give the amount. The petition is a new civil matter in district court (the packet's forms call it a \"civil expungement matter\"), and the statewide fee schedule for Montana clerks of district court lists $120 to start a civil action: the $90 filing fee (MCA § 25-1-201(1)(a)), the $20 civil filing fee (§ 25-1-202) and the $10 court technology surcharge (§ 3-1-317(1)(b)). Ask the clerk to confirm before you file. Other costs: the DOJ criminal history check (about $10-$30), copies of judgments, and fingerprinting (the FD-258 card is free from DOJ, but fingerprinting usually costs a fee).","fee_waiver":"yes","fee_waiver_detail":"File the Statement of Inability to Pay Court Costs and Fees (in the packet) with your petition. If you receive SNAP, TANF, SSI, Medicaid, WIC or LIEAP, or are represented by free legal services, you can skip the financial sections. The judge may grant a full or temporary waiver or deny it."},"hearing":"sometimes","timeline":"The prosecutor must try to notify victims within 14 days of receiving the petition. After the court order, DOJ asks you to allow 30 days for processing.","statute":{"cite":"MCA §§ 46-18-1101 to 46-18-1111","url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/sections_index.html"},"sources":[{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/sections_index.html","title":"MCA Title 46, Chapter 18, Part 11 (Expungement of Records), §§ 46-18-1102 to 46-18-1111","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/section_0070/0460-0180-0110-0070.html","title":"MCA § 46-18-1107. When expungement presumed","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/section_0080/0460-0180-0110-0080.html","title":"MCA § 46-18-1108. When expungement not presumed","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/section_0100/0460-0180-0110-0100.html","title":"MCA § 46-18-1110. Expungement orders","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/forms/misexpconpage","title":"Misdemeanor Expungement in Montana (forms page)","publisher":"Montana Judicial Branch","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/external/forms/misexpcon/srmisexp2025.pdf","title":"Misdemeanor Expungement in Montana: instructions and forms (2025)","publisher":"Montana Legal Services Association and Montana Supreme Court Access to Justice Commission, on courts.mt.gov","accessed":"2026-10-22"},{"url":"https://www.montanalawhelp.org/resource/misdemeanor-expungement-montana","title":"Misdemeanor Expungement in Montana (last reviewed April 21, 2025)","publisher":"Montana Legal Services Association (MontanaLawHelp.org)","accessed":"2026-10-22"},{"url":"https://dojmt.gov/dci-home/conviction-expungement-process/","title":"Conviction Expungement Process","publisher":"Montana Department of Justice, Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://dojmt.gov/wp-content/uploads/20240429-Updated-ExpungementRemovalRequestForm.docx","title":"Expungement/Removal Request Form (updated April 29, 2024)","publisher":"Montana Department of Justice, Criminal Records and Identification Services Section","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0250/chapter_0010/part_0020/section_0010/0250-0010-0020-0010.html","title":"MCA § 25-1-201. Fees of clerk of district court","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0250/chapter_0010/part_0020/section_0020/0250-0010-0020-0020.html","title":"MCA § 25-1-202. Additional filing fees","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/External/dcourt/docs/feeschedule.pdf","title":"Fee Schedule-Civil, Montana Clerks of District Courts (updated May 2024)","publisher":"Montana Judicial Branch","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0030/chapter_0010/part_0030/section_0170/0030-0010-0030-0170.html","title":"MCA § 3-1-317. User surcharge for court information technology","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"}]},{"id":"deferred-imposition-dismissal","name":"Dismissal after a deferred sentence","type":"dismissal","effect":"The court strikes the guilty plea or verdict and dismisses the charge. After dismissal, all records and data about the charge become confidential criminal justice information, and the public can get them only by a district court order on good cause shown (MCA § 46-18-204(2)). Confidential criminal justice information goes only to criminal justice agencies, people authorized by law and those a district court authorizes (§ 44-5-303(1)). DOJ says the sealed record stays available to law enforcement, including the military and Border Patrol. Montana Legal Services Association says the process removes the case from public court records and most background checks.","covers":"Felony or misdemeanor cases where the judge deferred imposition of sentence and the deferral period ended without revocation.","outcomes":["diversion"],"narrow":null,"eligible":["Felony: when the deferral period ends (or the court ends it early under § 46-18-208), the court must strike the plea or verdict and dismiss the charges, as long as no petition to revoke was filed (§ 46-18-204(1)(a)).","Misdemeanor: when the deferral period ends, the court may allow you to withdraw the plea or may strike the verdict and dismiss the charges, on its own motion or on yours (§ 46-18-204(1)(b)).","MLSA's packet says you should have complied with all conditions, including paying fines and fees and obeying all laws, and the full deferral period should have expired."],"not_eligible":["Suspended sentences and other sentences that were not deferred; MLSA's packet covers only completed deferred sentences.","A felony deferred sentence is not available to someone with a prior felony conviction, except as § 46-18-222 allows (§ 46-18-201(1)(b)).","DUI sentences cannot be deferred (§ 61-8-1011(4)).","For a felony, dismissal is not required if a petition to revoke the deferred sentence was filed (§ 46-18-204(1)(a))."],"waiting_periods":[{"record":"Deferred sentence, misdemeanor","wait":"When the deferral period ends","detail":"Deferral can last up to 1 year, or up to 2 years if a financial obligation is a condition (§ 46-18-201(1)(a))."},{"record":"Deferred sentence, felony","wait":"When the deferral period ends","detail":"Deferral can last up to 3 years, or up to 6 years if a financial obligation is a condition (§ 46-18-201(1)(a))."},{"record":"Early end of a deferred sentence","wait":"After 2 years or half the deferral, whichever is less","detail":"You, your attorney or the prosecutor can move to end the deferred sentence early if you have complied with supervision. If the court holds a hearing, it must find you paid all restitution and court-ordered financial obligations (§ 46-18-208)."}],"automatic":"some","automatic_detail":"For felonies the statute says the court shall dismiss, and MLSA's packet notes some courts dismiss and seal deferred cases on their own. Otherwise you file a motion. Either way, DOJ updates its records only after it receives the dismissal order, so you may need to send it the order yourself.","how_to_file":["Call the clerk of the court that gave the deferred sentence to ask whether your case was already dismissed and about any local forms.","Get a copy of your deferred sentence order from the clerk.","Fill out the Motion to Strike Plea or Verdict, Dismiss Charge, and Seal Case (DS-100), the certificate of service and the proposed order from MLSA's packet, using your criminal case number.","File them with the clerk of the same court and mail a file-stamped copy to the county or city attorney who prosecuted the case.","After the order is signed, mail the DOJ Expungement/Removal Request Form (marked for a dismissed deferred sentence) with copies of the deferred sentence order and the dismissal order to DOJ CRISS, P.O. Box 201403, Helena, MT 59620. Then check the court portals and your DOJ record."],"where":"The court that gave the deferred sentence (district, justice, or municipal or city court), in the same criminal case.","forms":[{"name":"Dismissal After Completing a Deferred Sentence in Montana packet (Motion DS-100 and proposed order)","url":"https://www.montanalawhelp.org/sites/default/files/2025-06/Self-Represented%20Deferred%20Dismissal%20Packet.pdf"},{"name":"Montana DOJ Expungement/Removal Request Form (deferred imposition or prosecution dismissed)","url":"https://dojmt.gov/wp-content/uploads/20240429-Updated-ExpungementRemovalRequestForm.docx"}],"cost":{"filing_fee_usd":null,"detail":"MLSA's packet does not mention a filing fee for the motion. Copies of court orders may cost a small fee, and a DOJ criminal history check costs about $10-$30.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":"DOJ says requests can take up to 30 days and it sends a letter with the result.","statute":{"cite":"MCA § 46-18-204","url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0020/section_0040/0460-0180-0020-0040.html"},"sources":[{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0020/section_0040/0460-0180-0020-0040.html","title":"MCA § 46-18-204. Dismissal after deferred imposition","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0020/section_0010/0460-0180-0020-0010.html","title":"MCA § 46-18-201. Sentences that may be imposed","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0020/section_0080/0460-0180-0020-0080.html","title":"MCA § 46-18-208. Termination of remaining portion of deferred or suspended sentence","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0440/chapter_0050/part_0030/section_0030/0440-0050-0030-0030.html","title":"MCA § 44-5-303. Dissemination of confidential criminal justice information","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0110/0610-0080-0100-0110.html","title":"MCA § 61-8-1011. Driving under influence -- conviction defined -- deferral of sentence not allowed","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://www.montanalawhelp.org/sites/default/files/2025-06/Self-Represented%20Deferred%20Dismissal%20Packet.pdf","title":"Dismissal After Completing a Deferred Sentence in Montana: instructions and forms","publisher":"Montana Legal Services Association (MontanaLawHelp.org)","accessed":"2026-10-22"},{"url":"https://dojmt.gov/dci-home/non-conviction-removal-and-sealing/","title":"Non-Conviction Removal and Sealing","publisher":"Montana Department of Justice, Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://dojmt.gov/wp-content/uploads/20240429-Updated-ExpungementRemovalRequestForm.docx","title":"Expungement/Removal Request Form (updated April 29, 2024)","publisher":"Montana Department of Justice, Criminal Records and Identification Services Section","accessed":"2026-10-22"}]},{"id":"marijuana-expungement-resentencing","name":"Marijuana conviction expungement, resentencing or redesignation","type":"expungement","effect":"If you have finished the sentence, the court either expunges the conviction as legally invalid or redesignates it as a misdemeanor or civil infraction; if you are still serving, it can expunge the conviction or resentence you (MCA § 16-12-113(1), (6)). A felony recalled or redesignated counts as a misdemeanor or civil infraction for all purposes, and a misdemeanor recalled or redesignated counts as a civil infraction (§ 16-12-113(8)). Expungement has the same meaning as under the misdemeanor expungement law: DOJ destroys or erases the record from its criminal history system (Temporary Rule 3; § 46-18-1103).","covers":"Montana convictions, felony or misdemeanor, for marijuana conduct that the 2021 Montana Marijuana Regulation and Taxation Act made legal or punishes less.","outcomes":["misdemeanor","felony"],"narrow":"Marijuana offenses changed by the 2021 cannabis law","eligible":["You completed a sentence for an act that is now permitted under the marijuana law, or that now carries a lesser sentence. You may ask the sentencing court to expunge the conviction or redesignate it as a misdemeanor or civil infraction (§ 16-12-113(5)).","You are still serving a sentence for such an act. You may ask for expungement or resentencing; you get credit for time served and can't be put on supervision (§ 16-12-113(1), (3)).","The court presumes you qualify unless the county attorney gives a reasonable basis showing you don't. For a completed sentence, once you meet the criteria the court must redesignate or expunge; for a current sentence, the court must grant unless it finds an unreasonable risk to public safety (§ 16-12-113(2), (6)).","The court's form lists marijuana convictions for distribution, possession, possession with intent to distribute, and production or manufacture of dangerous drugs (§§ 45-9-101, 45-9-102, 45-9-103, 45-9-110), and for possession or delivery of drug paraphernalia (§§ 45-10-103, 45-10-104), plus a blank for other offenses.","Using this route does not stop you from later using your one-time misdemeanor expungement (§ 16-12-113(12))."],"not_eligible":["Conduct that is still a crime with the same penalty under the marijuana law (§ 16-12-113(1), (5)).","Resentencing can't produce a longer sentence or bring back charges dismissed in a plea deal (§ 16-12-113(4))."],"waiting_periods":[{"record":"Completed sentence","wait":"None","detail":"A petition may be filed at any time after you complete the sentence (Temporary Rule 6(A))."},{"record":"Currently serving a sentence","wait":"None","detail":"A petition may be filed while you are serving the sentence (Temporary Rule 6(A))."}],"automatic":"no","automatic_detail":"You must file a petition for each conviction.","how_to_file":["Get a copy of your criminal record from the Montana Department of Justice. It must be filed with the petition.","Use Form A if you are still serving the sentence, or Form B if you have completed it. File a separate petition for each conviction.","File in the court where you were convicted (district, justice, or municipal or city court) with the filing fee or a fee waiver request, and say whether you want a hearing. A hearing isn't required unless you ask for one (§ 16-12-113(7)).","Serve the county attorney and file a certificate of service. A proposed order is recommended.","The county or city attorney has 21 days to respond. If they don't, the court presumes they don't object (Temporary Rule 7).","If the petition is granted, send the DOJ Expungement/Removal Request Form with a copy of your judgment and the court order to DOJ CRISS so DOJ updates its records."],"where":"The court where you were convicted and sentenced. A judge pro tempore or special master agreed on by you and the county attorney may decide the petition (MCA § 16-12-115; Temporary Rules 6 and 8).","forms":[{"name":"MMRTA Form A: Petition for Expungement or Resentencing (currently serving)","url":"https://courts.mt.gov/external/forms/mmrta/form-a.docx"},{"name":"MMRTA Form B: Petition for Expungement or Redesignation (sentence served)","url":"https://courts.mt.gov/external/forms/mmrta/form-b.docx"},{"name":"MMRTA Proposed Order","url":"https://courts.mt.gov/external/forms/mmrta/proposed-order.docx"},{"name":"MMRTA Certificate of Service","url":"https://courts.mt.gov/external/forms/mmrta/cert-service.docx"},{"name":"Montana DOJ Expungement/Removal Request Form","url":"https://dojmt.gov/wp-content/uploads/20240429-Updated-ExpungementRemovalRequestForm.docx"}],"cost":{"filing_fee_usd":null,"detail":"Filing fees and other costs apply to each petition (Temporary Rule 6(D)); the court pages don't give an amount, so ask the clerk. The statute calls these petitions a civil action (§ 16-12-115(2)), and in district court the clerks' statewide fee schedule lists $120 to start a civil action; we didn't find justice or city court fees. A DOJ criminal record copy costs a fee.","fee_waiver":"yes","fee_waiver_detail":"The clerk must accept a petition filed with a completed fee waiver request (Temporary Rule 5). The court's instructions point to MontanaLawHelp.org's interactive Statement of Inability to Pay Court Costs and Fees."},"hearing":"sometimes","timeline":"The county or city attorney has 21 days after service to respond; the court then rules, or sets a hearing if you asked for one.","statute":{"cite":"MCA §§ 16-12-113 to 16-12-116","url":"https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0130/0160-0120-0010-0130.html"},"sources":[{"url":"https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0130/0160-0120-0010-0130.html","title":"MCA § 16-12-113. Decriminalized acts -- petition for expungement or resentencing","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0150/0160-0120-0010-0150.html","title":"MCA § 16-12-115. Appointment of judge","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/forms/mmrta","title":"Montana Marijuana Regulation and Taxation Act: how to petition for expungement, resentencing, or redesignation","publisher":"Montana Judicial Branch, Office of the Court Administrator","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/external/forms/mmrta/form-b.docx","title":"MMRTA Form B: Petition for Expungement or Redesignation (sentence served)","publisher":"Montana Judicial Branch, Office of the Court Administrator","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/external/forms/mmrta/temp-rules.docx","title":"Temporary Rules for Expungement, Resentencing, or Redesignation of a Conviction under the MMRTA","publisher":"Montana Supreme Court","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/external/forms/mmrta/af22-0129order.pdf","title":"Order AF 22-0129 adopting the MMRTA temporary rules (filed March 15, 2022)","publisher":"Montana Supreme Court","accessed":"2026-10-22"},{"url":"https://dojmt.gov/wp-content/uploads/20240429-Updated-ExpungementRemovalRequestForm.docx","title":"Expungement/Removal Request Form (updated April 29, 2024)","publisher":"Montana Department of Justice, Criminal Records and Identification Services Section","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/External/dcourt/docs/feeschedule.pdf","title":"Fee Schedule-Civil, Montana Clerks of District Courts (updated May 2024)","publisher":"Montana Judicial Branch","accessed":"2026-10-22"}]},{"id":"non-conviction-removal","name":"Removal of non-conviction records from the state criminal history","type":"other","effect":"DOJ deletes the non-conviction arrest from its criminal history database and destroys any hard copy. Photographs and fingerprints for the charge go back to the arresting agency, which must expunge all copies, and no criminal justice agency may keep copies (MCA § 44-5-202(8); DOJ). This clears the state criminal history record, not the court's case file: criminal history record information does not include court records, and court records and initial arrest records are public criminal justice information (§ 44-5-103(4), (13)).","covers":"Arrests where no charge was filed or the charges were dropped, dismissed or ended in acquittal, including deferred prosecutions that were dismissed.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["You were released without charges, the charges did not result in a conviction, or a conviction was later invalidated (§ 44-5-202(8)).","DOJ lists charges that were dismissed, deferred prosecutions that were dismissed, acquittals, and charges dropped or never filed.","A completed pretrial diversion agreement ends with the prosecution automatically dismissed with prejudice (§ 46-16-130(1)(d))."],"not_eligible":["Convictions, including deferred sentences that have not yet been dismissed. Those use the deferred-sentence dismissal or misdemeanor expungement routes (DOJ)."],"waiting_periods":[{"record":"Charge not filed, dismissed or acquitted","wait":"None","detail":"The court must report the disposition to the state repository within 14 business days (§ 44-5-202(8))."}],"automatic":"yes","automatic_detail":"DOJ says that after July 1, 2017 it automatically removes all non-conviction arrest data under § 44-5-202 and no form is needed. Its page doesn't say whether that reached arrests from before that date, and it still tells people with dismissed, dropped or unfiled charges to check their record. If a non-conviction still shows on your public record check, you can send DOJ the Record Removal Form with the court's judgment.","how_to_file":["Run a current Montana public criminal history check online (CHOPRS) or by mail.","If a dismissed, acquitted, dropped or unfiled charge still appears, send the DOJ Expungement/Removal Request Form (non-conviction removal) citing MCA § 44-5-202(8), with the court judgment, to DOJ CRISS, P.O. Box 201403, Helena, MT 59620.","If your record is missing the outcome, DOJ will ask the court; if it can't get the information, you may need to get it from the court yourself."],"where":"Montana Department of Justice, Criminal Records and Identification Services Section (CRISS).","forms":[{"name":"Montana DOJ Expungement/Removal Request Form (non-conviction removal)","url":"https://dojmt.gov/wp-content/uploads/20240429-Updated-ExpungementRemovalRequestForm.docx"}],"cost":{"filing_fee_usd":null,"detail":"DOJ does not list a fee for removal. A public criminal history check costs about $10-$30 (MLSA packet).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"DOJ says a removal request can take up to 30 days; it sends a letter with the outcome.","statute":{"cite":"MCA § 44-5-202(8)","url":"https://mca.legmt.gov/bills/mca/title_0440/chapter_0050/part_0020/section_0020/0440-0050-0020-0020.html"},"sources":[{"url":"https://mca.legmt.gov/bills/mca/title_0440/chapter_0050/part_0020/section_0020/0440-0050-0020-0020.html","title":"MCA § 44-5-202. Photographs and fingerprints","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0440/chapter_0050/part_0010/section_0030/0440-0050-0010-0030.html","title":"MCA § 44-5-103. Definitions (criminal justice information)","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0160/part_0010/section_0300/0460-0160-0010-0300.html","title":"MCA § 46-16-130. Pretrial diversion","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://dojmt.gov/dci-home/non-conviction-removal-and-sealing/","title":"Non-Conviction Removal and Sealing","publisher":"Montana Department of Justice, Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://dojmt.gov/wp-content/uploads/20240429-Updated-ExpungementRemovalRequestForm.docx","title":"Expungement/Removal Request Form (updated April 29, 2024)","publisher":"Montana Department of Justice, Criminal Records and Identification Services Section","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":"2017-07-01","detail":"Montana has no Clean Slate law for convictions. The automatic piece is for non-convictions: when someone is released without charges, charges don't end in a conviction, or a conviction is invalidated, the court reports the outcome and fingerprints and photographs are expunged (MCA § 44-5-202(8)). DOJ says that after July 1, 2017 it automatically removes all non-conviction arrest data from its criminal history records; its page doesn't say whether that reached older arrests. Court case files are separate and aren't covered. For felony deferred sentences, the court must dismiss once the deferral ends if no revocation petition was filed (§ 46-18-204), but DOJ updates its record only after it gets the order. Every conviction route needs a petition.","sources":[{"url":"https://mca.legmt.gov/bills/mca/title_0440/chapter_0050/part_0020/section_0020/0440-0050-0020-0020.html","title":"MCA § 44-5-202. Photographs and fingerprints","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://dojmt.gov/dci-home/non-conviction-removal-and-sealing/","title":"Non-Conviction Removal and Sealing","publisher":"Montana Department of Justice, Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0020/section_0040/0460-0180-0020-0040.html","title":"MCA § 46-18-204. Dismissal after deferred imposition","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"}]},"marijuana":{"detail":"Under the Montana Marijuana Regulation and Taxation Act (Initiative 190, approved November 3, 2020, as amended in 2021), people convicted of marijuana conduct that is now legal or punished less can petition the sentencing court. If you have finished the sentence, the court can expunge the conviction or redesignate it as a misdemeanor or civil infraction; if you are still serving, it can expunge or resentence (MCA § 16-12-113). The court presumes you qualify unless the county attorney gives a reasonable basis otherwise, and no hearing is needed unless you ask for one. A Montana Supreme Court order (AF 22-0129, March 2022) set temporary rules: one petition per conviction, filing fees for each, a DOJ criminal record attached, and 21 days for the prosecutor to respond. Using this route doesn't use up your one-time misdemeanor expungement (§ 16-12-113(12)).","sources":[{"url":"https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0130/0160-0120-0010-0130.html","title":"MCA § 16-12-113. Decriminalized acts -- petition for expungement or resentencing","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/forms/mmrta","title":"Montana Marijuana Regulation and Taxation Act: how to petition for expungement, resentencing, or redesignation","publisher":"Montana Judicial Branch, Office of the Court Administrator","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/external/forms/mmrta/temp-rules.docx","title":"Temporary Rules for Expungement, Resentencing, or Redesignation of a Conviction under the MMRTA","publisher":"Montana Supreme Court","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/external/forms/mmrta/af22-0129order.pdf","title":"Order AF 22-0129 adopting the MMRTA temporary rules (filed March 15, 2022)","publisher":"Montana Supreme Court","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Arrests with no charges, dismissals and acquittals are removed from the Montana DOJ criminal history database automatically (DOJ, since July 1, 2017), and fingerprints and photographs are returned and expunged (MCA § 44-5-202(8)). If a non-conviction still shows on your public record check, send DOJ its Record Removal Form with the court judgment. Dismissed deferred prosecutions and completed pretrial diversion are treated the same way (§ 46-16-130; DOJ). This does not seal the court's own file: court records are public criminal justice information (§ 44-5-103(13)), and the court's expungement packet doesn't cover sealing non-conviction court records. A deferred sentence is a conviction until the court dismisses it; after dismissal the records become confidential (§ 46-18-204).","sources":[{"url":"https://mca.legmt.gov/bills/mca/title_0440/chapter_0050/part_0020/section_0020/0440-0050-0020-0020.html","title":"MCA § 44-5-202. Photographs and fingerprints","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0440/chapter_0050/part_0010/section_0030/0440-0050-0010-0030.html","title":"MCA § 44-5-103. Definitions (criminal justice information)","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0160/part_0010/section_0300/0460-0160-0010-0300.html","title":"MCA § 46-16-130. Pretrial diversion","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://dojmt.gov/dci-home/non-conviction-removal-and-sealing/","title":"Non-Conviction Removal and Sealing","publisher":"Montana Department of Justice, Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/external/forms/misexpcon/srmisexp2025.pdf","title":"Misdemeanor Expungement in Montana: instructions and forms (2025)","publisher":"Montana Legal Services Association and Montana Supreme Court Access to Justice Commission, on courts.mt.gov","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"A misdemeanor DUI (a first, second or third offense under MCA § 61-8-1007) can be expunged under the misdemeanor expungement law, but if you have any DUI conviction, expungement is not presumed: the judge weighs your age at the time, time since the offense, rehabilitation, likelihood of reoffending and other factors (§ 46-18-1108). The same applies to any offense with a DUI-enhanced penalty. A DUI after three or more prior convictions for DUI or certain related offenses, or after a conviction for vehicular homicide or aggravated vehicular homicide while under the influence, is a felony (§ 61-8-1008) and can't be expunged under that law. DUI sentences can't be deferred (§ 61-8-1011(4)) and DUI prosecutions can't go to pretrial diversion (§ 46-16-130(4)), so the deferred-dismissal route isn't available. Earlier DUI convictions within 10 years, or all of them for a third or later offense, count when a new DUI is sentenced (§ 61-8-1011(1)(b)). That section defines a prior conviction without mentioning expungement, and no statute or official guide we read says whether an expunged DUI still counts as a prior offense. Traffic records kept by DOJ are not part of criminal history record information (§ 44-5-103(4)(b)), and we didn't confirm whether expungement changes a driving record.","sources":[{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/section_0080/0460-0180-0110-0080.html","title":"MCA § 46-18-1108. When expungement not presumed","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0070/0610-0080-0100-0070.html","title":"MCA § 61-8-1007. Penalty for driving under influence -- first through third offenses","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0080/0610-0080-0100-0080.html","title":"MCA § 61-8-1008. Penalty for driving under influence -- fourth and subsequent offenses","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0110/0610-0080-0100-0110.html","title":"MCA § 61-8-1011. Driving under influence -- conviction defined -- deferral of sentence not allowed","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0160/part_0010/section_0300/0460-0160-0010-0300.html","title":"MCA § 46-16-130. Pretrial diversion","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0440/chapter_0050/part_0010/section_0030/0440-0050-0010-0030.html","title":"MCA § 44-5-103. Definitions (criminal justice information)","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://www.montanalawhelp.org/resource/misdemeanor-expungement-montana","title":"Misdemeanor Expungement in Montana (last reviewed April 21, 2025)","publisher":"Montana Legal Services Association (MontanaLawHelp.org)","accessed":"2026-10-22"}]},"employers":{"detail":"Montana's expungement law has DOJ erase the records and has police, prosecutors and courts seal them, but it doesn't say whether you may deny the conviction on a job application, and it doesn't limit what employers may ask (MCA §§ 46-18-1103, 46-18-1110). After a deferred sentence is dismissed, the records are confidential criminal justice information that the public can get only by court order (§ 46-18-204). Criminal history that isn't public can go to employers only with your consent or as the law allows (§§ 44-5-302, 44-5-303). We found no Montana statute that limits when private employers may ask about criminal records; a 2019 bill to remove the criminal history question from initial job applications (SB 168) did not pass, according to a 2020 legislative staff paper. For occupational licenses, a conviction can't be an automatic bar, a board can deny only for a conviction related to the occupation where the person isn't sufficiently rehabilitated, and it must give written reasons (§§ 37-1-203, 37-1-204). A 2025 resolution (HJ 45) requested an interim study of expungement and its collateral consequences. The Criminal Justice Oversight Council's final report (approved September 2, 2026) says the council voted to send two bills to the 2027 Legislature, one to clarify terms in the misdemeanor expungement law and one to revise its procedure; members had reviewed changes such as clearer guidance for employers, landlords and licensing boards and letting people reapply after a denial, but not every issue led to a recommendation. These are proposals, not law.","sources":[{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/sections_index.html","title":"MCA Title 46, Chapter 18, Part 11 (Expungement of Records), §§ 46-18-1102 to 46-18-1111","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0020/section_0040/0460-0180-0020-0040.html","title":"MCA § 46-18-204. Dismissal after deferred imposition","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0440/chapter_0050/part_0030/section_0020/0440-0050-0030-0020.html","title":"MCA § 44-5-302. Dissemination of criminal history record information that is not public","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0440/chapter_0050/part_0030/section_0030/0440-0050-0030-0030.html","title":"MCA § 44-5-303. Dissemination of confidential criminal justice information","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0370/chapter_0010/part_0020/sections_index.html","title":"MCA Title 37, Chapter 1, Part 2 (Licensure of Criminal Offenders), §§ 37-1-201 to 37-1-205","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://archive.legmt.gov/content/Committees/Interim/2019-2020/Economic-Affairs/Committee-Topics/SJ18-draft-past-legislation.pdf","title":"SJ 18: Past Legislative Options Regarding Job Applicants (February 2020 staff paper)","publisher":"Montana Legislature, Economic Affairs Interim Committee staff","accessed":"2026-10-22"},{"url":"https://archive.legmt.gov/content/Sessions/69th/Contractor_index/HJ0045.pdf","title":"HJ 45 (2025), enrolled: interim study on collateral consequences of criminal convictions and criminal record expungement","publisher":"Montana Legislature","accessed":"2026-10-22"},{"url":"https://www.legmt.gov/committees/interim/cjoc/studies-topics/","title":"Criminal Justice Oversight Council: Studies and Topics (HJ 45)","publisher":"Montana Legislature","accessed":"2026-10-22"},{"url":"https://docs.legmt.gov/download-ticket?ticketId=ef0840c4-cc9a-4ec5-bb93-b44cabb17b2d","title":"HJ 45: Interim Study on the Impact Collateral Consequences Have on Criminal Record Expungement, Final Report to the 70th Legislature (approved September 2, 2026)","publisher":"Montana Legislature, Criminal Justice Oversight Council","accessed":"2026-10-22"}]},"free_help":[{"name":"MontanaLawHelp.org (Montana Legal Services Association)","url":"https://www.montanalawhelp.org/resource/misdemeanor-expungement-montana","type":"legal_aid","detail":"Plain-language guides and free packets for misdemeanor expungement and dismissal after a deferred sentence; apply for free help at (800) 666-6899."},{"name":"Montana Judicial Branch: Misdemeanor Expungement forms","url":"https://courts.mt.gov/forms/misexpconpage","type":"court_self_help","detail":"The statewide misdemeanor expungement packet with petition, proposed order and fee waiver forms."},{"name":"Montana Judicial Branch: Marijuana (MMRTA) expungement forms","url":"https://courts.mt.gov/forms/mmrta","type":"court_self_help","detail":"Instructions, petition Forms A and B, proposed order and certificate of service for marijuana convictions."},{"name":"Court Help Program","url":"https://courts.mt.gov/SelfHelp/index","type":"court_self_help","detail":"Free Montana Supreme Court program with self-help centers that give legal information (not advice) on civil matters."},{"name":"Montana DOJ Criminal Records and Identification Services","url":"https://dojmt.gov/dci-home/non-conviction-removal-and-sealing/","type":"state_agency","detail":"Explains non-conviction removal and sealing and takes removal requests; (406) 444-3625, dojcriss@mt.gov."}],"sources":[{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/sections_index.html","title":"MCA Title 46, Chapter 18, Part 11 (Expungement of Records), §§ 46-18-1102 to 46-18-1111","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0020/section_0040/0460-0180-0020-0040.html","title":"MCA § 46-18-204. Dismissal after deferred imposition","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0130/0160-0120-0010-0130.html","title":"MCA § 16-12-113. Decriminalized acts -- petition for expungement or resentencing","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://mca.legmt.gov/bills/mca/title_0440/chapter_0050/part_0020/section_0020/0440-0050-0020-0020.html","title":"MCA § 44-5-202. Photographs and fingerprints","publisher":"Montana Legislature (Montana Code Annotated 2025)","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/external/forms/misexpcon/srmisexp2025.pdf","title":"Misdemeanor Expungement in Montana: instructions and forms (2025)","publisher":"Montana Legal Services Association and Montana Supreme Court Access to Justice Commission, on courts.mt.gov","accessed":"2026-10-22"},{"url":"https://www.montanalawhelp.org/resource/misdemeanor-expungement-montana","title":"Misdemeanor Expungement in Montana (last reviewed April 21, 2025)","publisher":"Montana Legal Services Association (MontanaLawHelp.org)","accessed":"2026-10-22"},{"url":"https://www.montanalawhelp.org/sites/default/files/2025-06/Self-Represented%20Deferred%20Dismissal%20Packet.pdf","title":"Dismissal After Completing a Deferred Sentence in Montana: instructions and forms","publisher":"Montana Legal Services Association (MontanaLawHelp.org)","accessed":"2026-10-22"},{"url":"https://dojmt.gov/dci-home/conviction-expungement-process/","title":"Conviction Expungement Process","publisher":"Montana Department of Justice, Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://dojmt.gov/dci-home/non-conviction-removal-and-sealing/","title":"Non-Conviction Removal and Sealing","publisher":"Montana Department of Justice, Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://dojmt.gov/wp-content/uploads/20240429-Updated-ExpungementRemovalRequestForm.docx","title":"Expungement/Removal Request Form (updated April 29, 2024)","publisher":"Montana Department of Justice, Criminal Records and Identification Services Section","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/forms/mmrta","title":"Montana Marijuana Regulation and Taxation Act: how to petition for expungement, resentencing, or redesignation","publisher":"Montana Judicial Branch, Office of the Court Administrator","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/external/forms/mmrta/temp-rules.docx","title":"Temporary Rules for Expungement, Resentencing, or Redesignation of a Conviction under the MMRTA","publisher":"Montana Supreme Court","accessed":"2026-10-22"},{"url":"https://archive.legmt.gov/content/Sessions/69th/Contractor_index/HJ0045.pdf","title":"HJ 45 (2025), enrolled: interim study on collateral consequences of criminal convictions and criminal record expungement","publisher":"Montana Legislature","accessed":"2026-10-22"},{"url":"https://courts.mt.gov/External/dcourt/docs/feeschedule.pdf","title":"Fee Schedule-Civil, Montana Clerks of District Courts (updated May 2024)","publisher":"Montana Judicial Branch","accessed":"2026-10-22"},{"url":"https://bills.legmt.gov/#/laws/bill/2/LC0577","title":"HB 795 (2025), Revise expungement laws to allow for certain nonviolent felony records: bill status","publisher":"Montana Legislature (Bill Explorer)","accessed":"2026-10-22"},{"url":"https://docs.legmt.gov/download-ticket?ticketId=ef0840c4-cc9a-4ec5-bb93-b44cabb17b2d","title":"HJ 45: Interim Study on the Impact Collateral Consequences Have on Criminal Record Expungement, Final Report to the 70th Legislature (approved September 2, 2026)","publisher":"Montana Legislature, Criminal Justice Oversight Council","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"nebraska","code":"NE","name":"Nebraska","terms":["set-aside","record sealing","pardon","expungement"],"summary":"Nebraska does not erase most convictions. A judge can set aside a conviction if the sentence was probation, a fine, community service or a year or less of imprisonment; the set-aside nullifies the conviction, but it stays on your record with the order next to it. Arrests that did not lead to charges, and cases dismissed or ending in acquittal since January 1, 2017, are removed from the public record automatically; older dismissals, pardoned convictions and set-aside convictions of sex trafficking survivors can be sealed on motion. For a sentence of more than a year of imprisonment, a pardon from the Board of Pardons is the only route.","remedies":[{"id":"set-aside","name":"Set-aside of a conviction","type":"set_aside","effect":"The order nullifies the conviction and removes all civil disabilities and disqualifications that resulted from it (Neb. Rev. Stat. § 29-2264(5)). It does not seal or erase the record: the conviction stays on your record with the set-aside order and a notation added, and an employer running a background check will see both. The Nebraska Judicial Branch says you must still report the conviction to employers or landlords when asked, but you can explain that it was nullified. A set-aside conviction can still be used to increase the sentence for a later offense, in some licensing and certification decisions (child care, teachers, law enforcement), for sex offender registration, for driver's license points and for commercial driver's licenses (§ 29-2264(6)). It does not restore gun rights; only a pardon can.","covers":"Infraction, misdemeanor and felony convictions where the sentence was probation, a fine, community service or imprisonment of one year or less.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["You were sentenced to probation, a fine only or community service, and you completed probation (or were discharged early), paid the fine and finished any community service (§ 29-2264(2)).","You received another sentence that did not include imprisonment of more than one year, and you completed the sentence (§ 29-2264(3)(a)).","Any offense counts, including felonies, misdemeanors, infractions, traffic infractions and city or county ordinance violations (§ 29-2264(7)).","The judge decides. The court considers your behavior since sentencing, how likely you are to stay law-abiding, and anything else it finds relevant, and grants the set-aside if it is in your interest and consistent with the public welfare (§ 29-2264(4)-(5)).","The 2018 and 2020 changes to this section apply no matter when you were convicted (§ 29-2264(9))."],"not_eligible":["Convictions with a sentence of more than one year of imprisonment. The Judicial Branch says a pardon is the only option for these.","For the route in § 29-2264(3) (sentences other than probation, a fine or community service), the court must deny the petition if you have a criminal charge pending anywhere, while you are required to register as a sex offender, for any misdemeanor or felony motor vehicle offense (including motor vehicle homicide under § 28-306 and Rules of the Road offenses such as DUI), or within 2 years after an earlier petition under that subsection was denied (§ 29-2264(3)(b)).","A set-aside does not end a duty to register as a sex offender (§ 29-2264(6)(j))."],"waiting_periods":[{"record":"Conviction with probation, a fine only or community service","wait":"After you complete probation (or are discharged early), pay the fine and finish community service","detail":"§ 29-2264(2)"},{"record":"Conviction with jail or prison of one year or less","wait":"After you complete the sentence","detail":"Not available for motor vehicle offenses, with a pending charge, while required to register as a sex offender, or within 2 years after a denial (§ 29-2264(3))."}],"automatic":"no","automatic_detail":"You must petition the sentencing court. When probation ends, the court issues a release order, but that is not a set-aside (§ 29-2264(1)).","how_to_file":["Use the Clean Slate Eligibility Questionnaire on the Nebraska Judicial Branch self-help site to check which relief may fit.","Gather the case number, county, offense date, sentence and proof that you completed the sentence and paid fines and court costs.","Fill out the Petition to Set Aside Criminal Conviction (CC 6:11) and a proposed Order Setting Aside a Criminal Conviction (CC 6:11.2). File a separate petition for each conviction.","File the petition in the court where your case was heard, in person, by mail or by fax. Check the clerk's office for local rules.","In county court the clerk usually schedules the hearing. In district court, get a hearing date from the bailiff or clerk, then file a Notice of Hearing (DC 1:15) and give a copy to the prosecutor.","Go to the hearing and testify about why the conviction should be set aside. The prosecutor may object.","Keep a copy of the signed order. The Judicial Branch says it takes a few days for the set-aside to show in court records and your criminal history."],"where":"The sentencing court (§ 29-2264(2)-(3)), which is the county court or district court where the case was heard.","forms":[{"name":"Petition to Set Aside Criminal Conviction (CC 6:11)","url":"https://supremecourt.nebraska.gov/sites/default/files/CC-6-11.pdf"},{"name":"Instructions for Petition to Set Aside Criminal Conviction (CC 6:11a)","url":"https://supremecourt.nebraska.gov/sites/default/files/CC-6-11a.pdf"},{"name":"Order Setting Aside a Criminal Conviction (CC 6:11.2)","url":"https://supremecourt.nebraska.gov/sites/default/files/CC-6-11-2.pdf"},{"name":"Notice of Hearing (DC 1:15)","url":"https://supremecourt.nebraska.gov/sites/default/files/DC-1-15.pdf"},{"name":"Interactive set-aside forms (Law Help Interactive)","url":"https://lawhelpinteractive.org/Interview/GenerateInterview/5007/engine"}],"cost":{"filing_fee_usd":null,"detail":"The Judicial Branch's schedule of filing fees and court costs (effective July 1, 2026) lists no separate fee for a set-aside petition or a motion to seal, and the statutes, forms and instructions we read do not mention one. Ask the clerk of the court where you file. The Judicial Branch says getting your criminal history from the State Patrol, a one-time online court search and court copies each cost a small amount.","fee_waiver":"not_stated","fee_waiver_detail":"The Judicial Branch's fee schedule notes that proceedings in forma pauperis (without paying fees, for people who cannot afford them) are authorized by Neb. Rev. Stat. § 25-2301 and that an application shall be granted unless someone objects that the person can pay or that the claims are frivolous or malicious. We found no official source applying this to set-aside petitions or motions to seal specifically. Legal Aid of Nebraska helps with set-asides and sealing."},"hearing":"yes","timeline":"The Judicial Branch says it takes a few days after the hearing for the set-aside to appear in court records and your criminal history.","statute":{"cite":"Neb. Rev. Stat. § 29-2264","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-2264"},"sources":[{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-2264","title":"Nebraska Revised Statute 29-2264","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/set-aside-criminal-conviction","title":"Set-Aside of a Criminal Conviction","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation","title":"Criminal Record Rehabilitation","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/sites/default/files/CC-6-11a.pdf","title":"Instructions: Petition to Set Aside Criminal Conviction (CC 6:11a, rev. 06/2024)","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/rules/administrative-policies-schedules/filing-fees-and-court-costs","title":"Filing Fees and Court Costs (effective July 1, 2026)","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"}]},{"id":"non-conviction-sealing","name":"Sealing of arrests, dismissals and acquittals","type":"sealing","effect":"Criminal justice agencies must answer public inquiries as if there were no record, and the record may not be shared with anyone but criminal justice agencies, with narrow exceptions (for example, if you are being prosecuted for something else, are a candidate for or hold public office, or make a notarized request to release it) (Neb. Rev. Stat. § 29-3523(1)). On any application for employment, bonding, a license, education or another right or privilege, you cannot be asked about a sealed offense, and if you are asked, you may respond as if the offense never occurred (§ 29-3523(8)). Sealing does not remove the record from private websites or private background-check databases (Nebraska Judicial Branch).","covers":"Arrests and citations that did not lead to charges, completed pretrial diversion, and cases dismissed or ending in acquittal, including after a deferred judgment or problem-solving court.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["No charges were filed because the prosecutor decided not to file: the record leaves the public record 1 year after the arrest, citation or referral (§ 29-3523(3)(a)).","No charges were filed because you completed diversion: the record leaves the public record 2 years after the arrest, citation or referral (§ 29-3523(3)(b)).","Charges were filed but the case was dismissed on the prosecutor's motion or after a hearing (not under appeal), you were acquitted, or the case was dismissed after a deferred judgment or after you completed a drug court or other problem-solving court approved by the Supreme Court: the record leaves the public record immediately and the court orders it sealed (§ 29-3523(3)(c), (7)).","If the case was dismissed or you were acquitted before January 1, 2017, you must file a motion, and the court shall grant it once it finds the case was dismissed for one of those reasons (§ 29-3523(6))."],"not_eligible":["Convictions, unless they were pardoned or set aside for a sex trafficking survivor (see those routes).","A dismissal or acquittal ruling that is the subject of a pending appeal (§ 29-3523(3)(c)(ii))."],"waiting_periods":[{"record":"Arrest or citation, prosecutor filed no charges","wait":"1 year from the arrest, citation or referral","detail":"Automatic (§ 29-3523(3)(a))."},{"record":"No charges filed because you completed diversion","wait":"2 years from the arrest, citation or referral","detail":"Automatic (§ 29-3523(3)(b))."},{"record":"Case dismissed or acquittal (including after deferred judgment or problem-solving court)","wait":"None: immediately on acquittal or the dismissal order","detail":"Automatic for cases dismissed on or after January 1, 2017. Earlier cases need a motion (§ 29-3523(3)(c), (6))."}],"automatic":"some","automatic_detail":"Records of arrests with no charges, completed diversion, and dismissals and acquittals since January 1, 2017 leave the public record automatically. The Judicial Branch says cases dismissed or acquitted after December 31, 2016 are sealed automatically. Older dismissals need a motion (§ 29-3523(6)).","how_to_file":["For a case dismissed or acquitted on or after January 1, 2017, no filing should be needed. You can check your record with the Nebraska State Patrol or a court case search.","For an older dismissal or acquittal, fill out the Motion to Seal an Adult Criminal Record (CC 6:12).","File the motion in the court where the case was heard. The court notifies the county or city attorney.","Go to the hearing and testify that the charge was dismissed or you were acquitted and the record is still public.","Get a copy of the order before you leave, because once the record is sealed you need a separate request to get the order."],"where":"The court in which the case was filed (§ 29-3523(6)).","forms":[{"name":"Motion to Seal an Adult Criminal Record (CC 6:12)","url":"https://supremecourt.nebraska.gov/sites/default/files/CC-6-12.pdf"},{"name":"Instructions for Motion to Seal an Adult Criminal Record (CC 6:12a)","url":"https://nebraskajudicial.gov/sites/default/files/CC-6-12-a.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Automatic sealing has no cost. The Judicial Branch's schedule of filing fees and court costs (effective July 1, 2026) lists no separate fee for a set-aside petition or a motion to seal, and the statutes, forms and instructions we read do not mention one. Ask the clerk of the court where you file.","fee_waiver":"not_stated","fee_waiver_detail":"The Judicial Branch's fee schedule notes that proceedings in forma pauperis (without paying fees, for people who cannot afford them) are authorized by Neb. Rev. Stat. § 25-2301 and that an application shall be granted unless someone objects that the person can pay or that the claims are frivolous or malicious. We found no official source applying this to set-aside petitions or motions to seal specifically. Legal Aid of Nebraska helps with set-asides and sealing."},"hearing":"sometimes","timeline":"The Judicial Branch says it may take a few days after the hearing for the record to be sealed in the court computer system.","statute":{"cite":"Neb. Rev. Stat. § 29-3523(1)-(3), (6)-(8)","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523"},"sources":[{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523","title":"Nebraska Revised Statute 29-3523","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/adult-record-sealing","title":"Adult Record Sealing","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/rules/administrative-policies-schedules/filing-fees-and-court-costs","title":"Filing Fees and Court Costs (effective July 1, 2026)","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"}]},{"id":"pardon-and-sealing","name":"Pardon, then sealing","type":"pardon","effect":"A pardon from the Board of Pardons nullifies the conviction, and it is the only way to restore gun rights lost because of a conviction (the Board may grant a pardon with or without restoring them). A pardon does not erase the conviction by itself, but once you have a pardon, you may ask the sentencing court to seal the record, and the court shall grant the motion. Sealing has the effects described for sealed records: the record is not public, and you may answer most public inquiries as if the offense never occurred (Neb. Rev. Stat. § 29-3523(5), (7), (8)).","covers":"Any conviction, including those with more than a year of imprisonment, except that the Board does not consider traffic, DUI and driving-under-suspension convictions.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["You have completed your sentence. For a felony, you need 10 years of a clean record after the sentence ends; for a misdemeanor, 3 years (Nebraska Board of Pardons).","During the wait you must not have had contact with law enforcement or new convictions, or the wait starts over (Nebraska Judicial Branch).","All fines, court costs and restitution are paid (Board of Pardons application checklist).","After a pardon, you may file a motion to seal with the sentencing court, which shall grant it once it finds you were pardoned (§ 29-3523(5))."],"not_eligible":["The Board does not consider convictions for traffic violations, driving under the influence or driving under suspension (Nebraska Judicial Branch).","The Board does not consider claims of innocence or review the legal proceedings in your case."],"waiting_periods":[{"record":"Felony conviction","wait":"10 years of a clean record after completing the sentence","detail":"Board of Pardons eligibility rule."},{"record":"Misdemeanor conviction","wait":"3 years of a clean record after completing the sentence","detail":"Board of Pardons eligibility rule."},{"record":"Sealing after a pardon","wait":"Any time after the pardon","detail":"§ 29-3523(5)"}],"automatic":"no","automatic_detail":null,"how_to_file":["Download the pardon application, directions and Authorization and Release form from the Board of Pardons website.","Attach at least three reference letters and your court documents: the sentencing order, any probation and release-from-probation orders, and a receipt or letter showing all fines, court costs and restitution are paid.","Sign the application and have the Authorization and Release form notarized, then submit by email or mail. Missing documents must be supplied within 30 days or the application is closed.","Wait for a notice of hearing. The Judicial Branch says it may take several years, the Board holds hearings 3 to 4 times a year, and it may deny an application without a hearing.","Attend the hearing and testify about your rehabilitation and remorse.","If you are pardoned, file a Motion to Seal an Adult Criminal Record (CC 6:12) with the sentencing court."],"where":"The Nebraska Board of Pardons for the pardon; the sentencing court for sealing (§ 29-3523(5)). Violations of Omaha or Lincoln city code can instead get a mayoral pardon from that city.","forms":[{"name":"Pardon Application, directions and Authorization and Release form","url":"https://pardons.nebraska.gov/pardon-application"},{"name":"Motion to Seal an Adult Criminal Record (CC 6:12)","url":"https://supremecourt.nebraska.gov/sites/default/files/CC-6-12.pdf"}],"cost":{"filing_fee_usd":null,"detail":"The Board of Pardons application page lists no application fee. Notarizing the release form and getting court documents may cost a small amount. The Judicial Branch's fee schedule (effective July 1, 2026) lists no separate fee for a motion to seal.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The Judicial Branch says it may take several years to be called for a hearing. If the pardon is granted, a certificate arrives by mail in a few weeks.","statute":{"cite":"Neb. Rev. Stat. § 29-3523(5) (sealing after a pardon)","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523"},"sources":[{"url":"https://pardons.nebraska.gov/pardon-application","title":"Pardon Application","publisher":"State of Nebraska Board of Pardons","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/pardons","title":"Pardons","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523","title":"Nebraska Revised Statute 29-3523","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/rules/administrative-policies-schedules/filing-fees-and-court-costs","title":"Filing Fees and Court Costs (effective July 1, 2026)","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"}]},{"id":"trafficking-survivor-set-aside","name":"Set-aside and sealing for sex trafficking survivors","type":"set_aside","effect":"The court sets aside the conviction or juvenile adjudication, and the order has the same effect as a regular set-aside under § 29-2264(5) and (6): it nullifies the conviction and removes civil disabilities, with the same exceptions (Neb. Rev. Stat. § 29-3005(7)). After the set-aside, you may ask the sentencing court to seal the record, and the court shall grant the motion (§ 29-3523(4)).","covers":"Convictions and juvenile adjudications of sex trafficking survivors for prostitution-related offenses, or for other offenses that were a direct result of the trafficking.","outcomes":["misdemeanor","felony"],"narrow":"Sex trafficking survivors only","eligible":["You were a victim of sex trafficking and were convicted or adjudicated of a prostitution-related offense: prostitution, solicitation of prostitution, keeping a place of prostitution, public indecency, local loitering-for-prostitution ordinances, or attempting, conspiring or aiding one of these. The court shall grant the motion if it finds the offense was committed because you were a trafficking victim (§ 29-3005(1)-(3)).","Other offenses also qualify: the court shall grant the motion if it finds the offense was a direct result of, or proximately caused by, your being trafficked (§ 29-3005(2), (3)(b)).","You may file at any time after you complete the sentence or juvenile disposition (§ 29-3005(2)).","An official record, certification or eligibility letter from a federal, state, tribal or local proceeding creates a rebuttable presumption that you were a victim, but it is not required. The court may also consider sworn statements from an attorney, clergy member, medical professional, victim services staff member or other professional you sought help from, and other credible evidence (§ 29-3005(4)-(5)).","If you ask, any hearing on the motion is held in camera (in private), and the rules of evidence do not apply (§ 29-3005(6)).","Once the set-aside is granted, the sentencing court shall seal the record when you file a motion (§ 29-3523(4))."],"not_eligible":["An offense the court does not find was committed because of, or as a direct result of, your being trafficked (§ 29-3005(3)).","A sentence or juvenile disposition that is not yet complete (§ 29-3005(2))."],"waiting_periods":[{"record":"Conviction or adjudication linked to trafficking","wait":"Any time after you complete the sentence or disposition","detail":"§ 29-3005(2)"}],"automatic":"no","automatic_detail":null,"how_to_file":["File a motion to set aside in the court of the county where you were convicted or adjudicated, with your evidence of trafficking (§ 29-3005(2)).","If you want the hearing held privately, ask for it to be held in camera.","After the set-aside is granted, file a Motion to Seal an Adult Criminal Record (CC 6:12) with the sentencing court."],"where":"The court of the county where you were convicted or adjudicated (§ 29-3005(2)); the motion to seal goes to the sentencing court (§ 29-3523(4)).","forms":[{"name":"Motion to Seal an Adult Criminal Record (CC 6:12)","url":"https://supremecourt.nebraska.gov/sites/default/files/CC-6-12.pdf"}],"cost":{"filing_fee_usd":null,"detail":"We did not find a fee for these motions. The Judicial Branch's fee schedule (effective July 1, 2026) lists none.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Neb. Rev. Stat. §§ 29-3005 and 29-3523(4)","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3005"},"sources":[{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3005","title":"Nebraska Revised Statute 29-3005","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://update.legislature.ne.gov/?p=24033","title":"Convictions to be set aside for sex trafficking victims (LB 1132, April 11, 2018)","publisher":"Unicameral Update, Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523","title":"Nebraska Revised Statute 29-3523","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/adult-record-sealing","title":"Adult Record Sealing","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/rules/administrative-policies-schedules/filing-fees-and-court-costs","title":"Filing Fees and Court Costs (effective July 1, 2026)","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"}]},{"id":"law-enforcement-error-expungement","name":"Expungement of an arrest caused by police error","type":"expungement","effect":"The court orders the criminal history record information about the arrest expunged (Neb. Rev. Stat. § 29-3523(9)). The Nebraska Judicial Branch says expungement removes the arrest from your record entirely, as if it did not happen, and that it is rare.","covers":"Arrests that happened because of an error by the arresting law enforcement agency.","outcomes":["no_conviction"],"narrow":"Arrests caused by police error only","eligible":["You were arrested because of an error by a law enforcement agency, and you can show this by clear and convincing evidence (§ 29-3523(9))."],"not_eligible":["Arrests that were not caused by law enforcement error. Those are handled by sealing instead."],"waiting_periods":[{"record":"Arrest due to law enforcement error","wait":"No waiting period is stated","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a petition in the district court of the county where you were arrested.","Name the county attorney as the respondent and serve the county attorney with a copy.","Show by clear and convincing evidence that the arrest was due to the arresting agency's error."],"where":"The district court of the county where you were arrested (§ 29-3523(9)).","forms":[],"cost":{"filing_fee_usd":null,"detail":"We did not find a fee for this petition. Ask the district court clerk.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Neb. Rev. Stat. § 29-3523(9)","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523"},"sources":[{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523","title":"Nebraska Revised Statute 29-3523","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation","title":"Criminal Record Rehabilitation","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":"2017-01-01","detail":"Nebraska removes some non-conviction records from the public record automatically, but it has no Clean Slate law for convictions. Arrests with no charges filed leave the public record after 1 year, completed diversion with no charges after 2 years, and cases dismissed (including after a deferred judgment or problem-solving court) or ending in acquittal immediately, with the court ordering the records sealed (Neb. Rev. Stat. § 29-3523(3), (7)). The Nebraska Judicial Branch says cases dismissed or acquitted after December 31, 2016 are sealed automatically; older ones need a motion (§ 29-3523(6)). Convictions are never sealed automatically. Related 2025-2026 bills were indefinitely postponed: LB 215 (a second chance relief program for people in prison), LB 226 (set-aside and expungement for concealed weapon offenses) and LB 961 (the Collateral Sanction Relief Act).","sources":[{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523","title":"Nebraska Revised Statute 29-3523","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/adult-record-sealing","title":"Adult Record Sealing","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/pdf/reports/committee/judiciary/Judiciary%20Committee%202025-2026%20Biennium%20Report.pdf","title":"Judiciary Committee 2025-2026 Biennium Report","publisher":"Nebraska Legislature","accessed":"2026-10-22"}]},"marijuana":{"detail":"We found no Nebraska law that gives marijuana offenses their own sealing or expungement route, and the possession statute has none (Neb. Rev. Stat. § 28-416). A first offense of possessing one ounce or less is an infraction with a $300 fine; a second is a Class IV misdemeanor and a third a Class IIIA misdemeanor (§ 28-416). A marijuana conviction, including an infraction, can be set aside like any other offense if the sentence qualifies (§ 29-2264(2), (7)), and dismissed marijuana charges are sealed like other dismissals (§ 29-3523(3)).","sources":[{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-416","title":"Nebraska Revised Statute 28-416","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-2264","title":"Nebraska Revised Statute 29-2264","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523","title":"Nebraska Revised Statute 29-3523","publisher":"Nebraska Legislature","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Nebraska seals most non-conviction records without a filing. If the prosecutor files no charges, the record leaves the public record 1 year after the arrest or citation; if no charges are filed because you completed diversion, after 2 years; and if charges are dismissed (on the prosecutor's motion, after a hearing, after a deferred judgment or after a problem-solving court) or you are acquitted, immediately, with a court order sealing the records (Neb. Rev. Stat. § 29-3523(3), (7)). Cases dismissed before January 1, 2017 need a motion, which the court shall grant (§ 29-3523(6)); the Judicial Branch's form is CC 6:12. An arrest caused by law enforcement error can be expunged by petition to the district court (§ 29-3523(9)).","sources":[{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523","title":"Nebraska Revised Statute 29-3523","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/adult-record-sealing","title":"Adult Record Sealing","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"A DUI conviction cannot be sealed or expunged, but it can sometimes be set aside. If you were sentenced to probation or a fine only and completed it, you may petition to set aside the DUI under § 29-2264(2). If you were sentenced to jail, the § 29-2264(3) route is closed to any misdemeanor or felony motor vehicle offense, including Rules of the Road offenses such as DUI (§ 29-2264(3)(b)(iii)). A set-aside DUI still counts as a prior conviction to increase the penalty for a later offense, still affects driver's license points, and does not change commercial driver's license eligibility or obligations (§ 29-2264(6)(e), (m), (n)). The Board of Pardons does not consider DUI convictions (Nebraska Judicial Branch). A DUI charge that is dismissed or ends in acquittal is sealed like other non-convictions (§ 29-3523(3)).","sources":[{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-2264","title":"Nebraska Revised Statute 29-2264","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/set-aside-criminal-conviction","title":"Set-Aside of a Criminal Conviction","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/pardons","title":"Pardons","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"}]},"employers":{"detail":"For a sealed record, you cannot be asked about the offense on an application for employment, bonding, a license or education, and if asked you may respond as if it never occurred (Neb. Rev. Stat. § 29-3523(8)). A set-aside is different: the conviction stays visible on background checks with the set-aside order, and the Nebraska Judicial Branch says you must still report it when asked but may explain that it was nullified; set-aside convictions can also still be used in child care, teaching and law enforcement licensing decisions (§ 29-2264(6)). Nebraska's ban-the-box law covers only public employers: a state agency or political subdivision may not ask about criminal history, orally, in writing or on an application, until it has decided you meet the minimum qualifications, with exceptions for law enforcement agencies, jobs where federal or state law requires a criminal history check or disqualifies people with certain records, and school district or educational service unit questions about sexual or physical abuse (Neb. Rev. Stat. § 48-202, enacted by LB 907 in 2014). We found no Nebraska law limiting when private employers may ask about criminal records.","sources":[{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523","title":"Nebraska Revised Statute 29-3523","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-2264","title":"Nebraska Revised Statute 29-2264","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation","title":"Criminal Record Rehabilitation","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=48-202","title":"Nebraska Revised Statute 48-202","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://www.nebraskalegislature.gov/FloorDocs/103/PDF/Slip/LB907.pdf","title":"LB 907 (2014), slip law approved by the Governor April 16, 2014: public employer criminal history inquiries","publisher":"Nebraska Legislature","accessed":"2026-10-22"}]},"free_help":[{"name":"Nebraska Judicial Branch: Clean Slate self-help","url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation","type":"court_self_help","detail":"Official guides to set-asides, adult and juvenile sealing and pardons, with court forms and a Clean Slate Eligibility Questionnaire."},{"name":"Clean Slate Eligibility Questionnaire","url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/clean-slate-eligibility-questionnaire","type":"court_self_help","detail":"Judicial Branch questionnaire that helps you see whether a record may qualify for a set-aside, sealing or other relief."},{"name":"Legal Aid of Nebraska: Criminal Record Rehabilitation","url":"https://legalaidofnebraska.org/what-we-do/programs/clean-slate.html","type":"legal_aid","detail":"Statewide legal aid help with sealing dismissed charges, set-asides and pardons, plus a step-by-step online guide to the sealing and set-aside forms through Law Help Nebraska."}],"sources":[{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-2264","title":"Nebraska Revised Statute 29-2264","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523","title":"Nebraska Revised Statute 29-3523","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation","title":"Criminal Record Rehabilitation","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/pdf/reports/committee/judiciary/Judiciary%20Committee%202025-2026%20Biennium%20Report.pdf","title":"Judiciary Committee 2025-2026 Biennium Report","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=58775&docnum=LB215&leg=109","title":"LB 215 (109th Legislature): second chance relief, indefinitely postponed April 17, 2026","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=59411&docnum=LB226&leg=109","title":"LB 226 (109th Legislature): set-aside and expungement for concealed weapon offenses, indefinitely postponed April 17, 2026","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=29-3005","title":"Nebraska Revised Statute 29-3005","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskalegislature.gov/laws/statutes.php?statute=48-202","title":"Nebraska Revised Statute 48-202","publisher":"Nebraska Legislature","accessed":"2026-10-22"},{"url":"https://nebraskajudicial.gov/rules/administrative-policies-schedules/filing-fees-and-court-costs","title":"Filing Fees and Court Costs (effective July 1, 2026)","publisher":"Nebraska Judicial Branch","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"nevada","code":"NV","name":"Nevada","terms":["record sealing","petition to seal records","set aside"],"summary":"Nevada clears records by sealing them, not by destroying them. Most convictions can be sealed by petition after a wait of 1 year for most misdemeanors up to 10 years for category A felonies and crimes of violence, and dismissed charges and acquittals can be sealed at any time. Courts must seal many cases on their own once a person finishes a diversion, deferred judgment or treatment court program, and an unconditional pardon leads to automatic sealing. Crimes against children, listed sexual offenses, home invasion with a deadly weapon, a third DUI within 7 years and DUI causing death or substantial bodily harm can't be sealed by petition.","remedies":[{"id":"conviction-sealing","name":"Sealing a conviction by petition","type":"sealing","effect":"Sealing does not destroy the record. It removes it from general information sources, and in some cases it can be reopened or inspected later (Nevada Records, Communications and Compliance Division; NRS 179.295, 179.301). Once a record is sealed, the proceedings are deemed never to have occurred, and you may answer any question about them, including on a job application, as if the arrest, conviction, dismissal or acquittal did not happen (NRS 179.285(1)(a)). Sealing restores the rights to vote, hold office and serve on a jury, but not the right to have a firearm unless a pardon restores it (NRS 179.285). Some agencies can still look at records sealed under NRS 179.245 or 179.255: the Gaming Control Board and Gaming Commission when the case was related to gaming, the Division of Insurance when it was related to insurance, a prosecutor when the records relate to a violation of NRS 202.485 for which you have been arrested or cited, the Central Repository for information about sexual offenses (and it may notify employers as federal law allows), Repository staff and police for records kept in the statewide registry of sex offenders and offenders convicted of a crime against a child, and the Board of Pardons Commissioners if you apply for a pardon (NRS 179.301). Agencies outside Nevada are not bound to follow the order (Records, Communications and Compliance Division).","covers":"Misdemeanor, gross misdemeanor and most felony convictions, after a waiting period that depends on the offense.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Most misdemeanors: 1 year after release from custody or the end of a suspended sentence, whichever is later (NRS 179.245(1)(g)).","Misdemeanor battery (NRS 200.481), harassment, stalking, or violating a temporary or extended protection order: 2 years (NRS 179.245(1)(f)).","Misdemeanor DUI (NRS 484C.110 or 484C.120), misdemeanor battery that is domestic violence, and offenses under NRS 422.540 to 422.570: 7 years (NRS 179.245(1)(e)).","Gross misdemeanors and category E felonies: 2 years after release from custody or discharge from probation or parole, whichever is later (NRS 179.245(1)(c)-(d)).","Category B, C and D felonies: 5 years after release from custody or discharge from parole or probation (NRS 179.245(1)(b)).","Category A felonies, crimes of violence and residential burglary: 10 years after release from custody or discharge from parole or probation (NRS 179.245(1)(a)).","During the waiting period you must not have been convicted of anything except minor moving or standing traffic violations, and you can't have charges pending (NRS 179.245(5)).","If you meet every requirement, there is a rebuttable presumption that the records should be sealed; at a hearing the court applies it unless an objecting party presents evidence sufficient to rebut it. The presumption does not apply after a dishonorable discharge from probation (NRS 179.2445, 179.245(4))."],"not_eligible":["A crime against a child, as defined in NRS 179D.0357 (NRS 179.245(6)(a)).","A listed sexual offense, such as sexual assault, lewdness with a child, incest, offenses involving child sexual abuse material (NRS 200.710 to 200.730), felony statutory sexual seduction, and felony open or gross lewdness or indecent exposure, and attempts to commit them (NRS 179.245(6)(b), (10)).","Invasion of the home with a deadly weapon (NRS 205.067) (NRS 179.245(6)(c)).","A DUI punished as a felony under NRS 484C.400(1)(c) (a third DUI within 7 years), unless the judgment was entered as a second offense because you took part in the statewide sobriety and drug monitoring program (NRS 179.245(6)(d), (7)).","DUI causing death or substantial bodily harm (NRS 484C.430) and any homicide caused by driving under the influence (NRS 179.245(6)(e)-(f)).","Felony boating under the influence (NRS 488.410 punished under NRS 488.427) and violations of NRS 488.420 or 488.425 (NRS 179.245(6)(g)-(h)).","If a petition is denied, you must wait 2 years before asking for a rehearing, though you can appeal (NRS 179.265)."],"waiting_periods":[{"record":"Most misdemeanors","wait":"1 year from release from custody or end of a suspended sentence, whichever is later","detail":"NRS 179.245(1)(g)"},{"record":"Misdemeanor battery, harassment, stalking or protection order violation","wait":"2 years","detail":"NRS 179.245(1)(f)"},{"record":"Misdemeanor DUI, misdemeanor domestic battery, or NRS 422.540-422.570 offense","wait":"7 years from release from custody or end of a suspended sentence","detail":"NRS 179.245(1)(e)"},{"record":"Gross misdemeanor","wait":"2 years from release from custody or discharge from probation, whichever is later","detail":"NRS 179.245(1)(d)"},{"record":"Category E felony","wait":"2 years from release from custody or discharge from parole or probation, whichever is later","detail":"NRS 179.245(1)(c)"},{"record":"Category B, C or D felony","wait":"5 years from release from custody or discharge from parole or probation, whichever is later","detail":"NRS 179.245(1)(b)"},{"record":"Category A felony, crime of violence or residential burglary","wait":"10 years from release from custody or discharge from parole or probation, whichever is later","detail":"NRS 179.245(1)(a)"}],"automatic":"no","automatic_detail":null,"how_to_file":["Request your current Nevada criminal history from the Records, Communications and Compliance Division with form DPS-006, a ten-print fingerprint card and a $27 money order or certified check. The Repository's FAQ says it processes requests within 30 calendar days, but form DPS-006 says to allow about 45 days. The petition must include this current, verified record, and some courts treat a record more than 30 days old as stale.","Fill out a petition to seal records and a proposed order. List each arrest and conviction (date of arrest, arresting agency, charge, outcome), your date of birth, and every agency that may hold the records (police, courts, prosecutors, Parole and Probation, the Repository).","In many counties you first send the petition and order to the district attorney (or city attorney for municipal court cases), who may sign a stipulation agreeing to the sealing. Other courts, such as the Washoe County justice courts, take the petition directly and send it to the prosecutor.","File with the court where you were convicted (or, for records in more than one court, one petition in district court) and pay the court's fee or apply to proceed as an indigent litigant.","If the prosecutor agrees, the court must seal the records. If the prosecutor does not object within 30 days, the court may seal them without a hearing. If the prosecutor objects, or the court doesn't grant the petition on the papers, the court holds a hearing (NRS 179.245(4)).","After the judge signs, get certified copies of the order and send one to each agency named in it. The Repository says sealing can take up to 6 months after it receives the order."],"where":"The court where you were convicted (district, justice or municipal court). If you have records in more than one court, you may file one petition in district court for all of them (NRS 179.2595).","forms":[{"name":"Request for Nevada Criminal History (DPS-006)","url":"https://www.rccd.nv.gov/siteassets/content/home/features/DPS-006_0000RCCD-006__07312023_rev_FINAL.pdf"},{"name":"Petition to Seal Records packet (Reno Justice Court)","url":"https://www.washoecounty.gov/rjc/files/forms/form_records-seal-packet.pdf"},{"name":"Sealing of Records handbook and forms (Las Vegas Municipal Court)","url":"https://files.lasvegasnevada.gov/municourt/Record-Sealing-Handbook.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Each court sets its own filing fee. The Reno and Incline Village justice courts charge $71, and the Las Vegas Municipal Court's 2021 handbook lists $50; legal aid attorneys told a legislative committee in the 2023-2024 interim that court filing fees run from $50 to $270. Certified copies of the order cost extra ($3 each at the Incline Village Justice Court). Your Nevada criminal history from the Repository costs $27 (form DPS-006), plus whatever the police agency charges to take your fingerprints. No fee may be charged if you were being sex trafficked when the crime happened (NRS 179.245(9)).","fee_waiver":"yes","fee_waiver_detail":"A person who can't pay costs in a civil case can apply on the court's form to proceed as an indigent litigant; grounds include receiving public assistance or household income at or below 150 percent of the federal poverty level, and legal aid clients can submit a statement of representation (NRS 12.015). The petition to seal is treated as a civil proceeding (NRS 179.245(8)). Ask the clerk for the court's in forma pauperis form."},"hearing":"sometimes","timeline":"The prosecutor has 30 days after notice to object. The Repository says sealing can take 2 to 4 months, or up to 6 months, after it receives the signed order.","statute":{"cite":"NRS 179.245, 179.2445, 179.2595, 179.265, 179.285, 179.301","url":"https://www.leg.state.nv.us/NRS/NRS-179.html"},"sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-179.html","title":"NRS Chapter 179 (sealing records of criminal proceedings, NRS 179.2405-179.301)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://prod.rccd.nv.gov/siteassets/content/feesforms/sealing-of-criminal-history-records-general-information.pdf","title":"Sealing of Criminal History Records: General Information (rev. 8/2025)","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"},{"url":"https://rccd.nv.gov/FeesForms/Criminal/Sealing_NV_Criminal_History_Records/","title":"Sealing NV Criminal History Records","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"},{"url":"https://www.rccd.nv.gov/fees-forms/fees-information-fingerprints/frequently-asked-questions-faqs/","title":"Frequently Asked Questions","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"},{"url":"https://www.rccd.nv.gov/siteassets/content/home/features/DPS-006_0000RCCD-006__07312023_rev_FINAL.pdf","title":"Request for Nevada Criminal History (form DPS-006, rev. 7/2023)","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"},{"url":"https://www.washoecounty.gov/rjc/files/forms/form_records-seal-packet.pdf","title":"Petition to Seal Records packet","publisher":"Justice Court of Reno Township (Washoe County)","accessed":"2026-10-22"},{"url":"https://www.washoecounty.gov/ijc/files/Instruction-for-Filing-a-Petition-to-Seal-Records.pdf","title":"Instruction for Filing a Petition to Seal Records","publisher":"Incline Village Justice Court (Washoe County)","accessed":"2026-10-22"},{"url":"https://files.lasvegasnevada.gov/municourt/Record-Sealing-Handbook.pdf","title":"Sealing of Records handbook (rev. 4/5/2021)","publisher":"Las Vegas Municipal Court","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-012.html","title":"NRS 12.015 (proceeding as an indigent litigant)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/83rd2025/Bills/AB/AB35_EN.pdf","title":"Assembly Bill 35 (2025), as enrolled","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/82nd2023/Bills/AB/AB275_EN.pdf","title":"Assembly Bill 275 (2023), as enrolled (NRS 179.245, effective July 1, 2023)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Bills/AB/AB219_R2.pdf","title":"Assembly Bill 219 (2021), second reprint (NRS 179.245, 179.247, 179.255, 179.271, 179.273)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Reports/history@ID=475.html","title":"Assembly Bill 219 (2021) bill history (approved June 4, 2021, chapter 403, effective October 1, 2021)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/79th2017/Bills/AB/AB327_EN.pdf","title":"Assembly Bill 327 (2017), as enrolled (presumption in favor of sealing, NRS 179.2445)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/30619","title":"Sealing Criminal Records in Nevada (presentation by Nevada Coalition of Legal Service Providers and Legal Aid Center of Southern Nevada attorneys, 2023-2024 interim)","publisher":"Nevada Legislature (interim committee exhibit)","accessed":"2026-10-22"}]},{"id":"non-conviction-sealing","name":"Sealing after dismissal, declined prosecution or acquittal","type":"sealing","effect":"Sealing does not destroy the record. It removes it from general information sources, and in some cases it can be reopened or inspected later (Nevada Records, Communications and Compliance Division; NRS 179.295, 179.301). Once a record is sealed, the proceedings are deemed never to have occurred, and you may answer any question about them, including on a job application, as if the arrest, conviction, dismissal or acquittal did not happen (NRS 179.285(1)(a)). Sealing restores the rights to vote, hold office and serve on a jury, but not the right to have a firearm unless a pardon restores it (NRS 179.285). Some agencies can still look at records sealed under NRS 179.245 or 179.255: the Gaming Control Board and Gaming Commission when the case was related to gaming, the Division of Insurance when it was related to insurance, a prosecutor when the records relate to a violation of NRS 202.485 for which you have been arrested or cited, the Central Repository for information about sexual offenses (and it may notify employers as federal law allows), Repository staff and police for records kept in the statewide registry of sex offenders and offenders convicted of a crime against a child, and the Board of Pardons Commissioners if you apply for a pardon (NRS 179.301). Agencies outside Nevada are not bound to follow the order (Records, Communications and Compliance Division).","covers":"Arrests where the charges were dismissed, the prosecutor declined to file, or you were acquitted, and convictions set aside after a problem gambling treatment program.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["Charges dismissed: you may petition the court that dismissed them at any time after the dismissal (NRS 179.255(1)(a)).","Acquittal: you may petition the court at any time after the acquittal, and the court must seal the records if there is no evidence that further action will be brought (NRS 179.255(1)(c), (7)(a)).","Prosecution declined: you may petition after the statute of limitations has run, 8 years after the arrest, or sooner if the prosecutor agrees (NRS 179.255(1)(b)).","A conviction set aside under NRS 458A.240 (problem gambling treatment) can be sealed at any time after it is set aside (NRS 179.255(2)).","The same presumption in favor of sealing and the same 30-day objection process apply (NRS 179.255(6))."],"not_eligible":["Prosecutors may refuse to agree to sealing a charge dismissed without prejudice until the statute of limitations has run (Clark County District Attorney; Las Vegas Municipal Court), so the court may hold a hearing.","If prosecution was declined and the records are sealed, the prosecutor can still file the charges before the statute of limitations runs, and the court will open the records (NRS 179.255(9))."],"waiting_periods":[{"record":"Charges dismissed","wait":"None","detail":"Any time after dismissal (NRS 179.255(1)(a))."},{"record":"Acquittal","wait":"None","detail":"Any time after acquittal (NRS 179.255(1)(c))."},{"record":"Prosecution declined","wait":"Until the statute of limitations runs, or 8 years after arrest, or sooner by agreement","detail":"NRS 179.255(1)(b)"}],"automatic":"no","automatic_detail":null,"how_to_file":["Request your current Nevada criminal history from the Records, Communications and Compliance Division with form DPS-006, a ten-print fingerprint card and a $27 money order or certified check. The Repository's FAQ says it processes requests within 30 calendar days, but form DPS-006 says to allow about 45 days. The petition must include this current, verified record, and some courts treat a record more than 30 days old as stale.","Fill out a petition to seal records and a proposed order. List each arrest and conviction (date of arrest, arresting agency, charge, outcome), your date of birth, and every agency that may hold the records (police, courts, prosecutors, Parole and Probation, the Repository).","In many counties you first send the petition and order to the district attorney (or city attorney for municipal court cases), who may sign a stipulation agreeing to the sealing. Other courts, such as the Washoe County justice courts, take the petition directly and send it to the prosecutor.","File with the court where you were convicted (or, for records in more than one court, one petition in district court) and pay the court's fee or apply to proceed as an indigent litigant.","If the prosecutor agrees, the court must seal the records. If the prosecutor does not object within 30 days, the court may seal them without a hearing. If the prosecutor objects, or the court doesn't grant the petition on the papers, the court holds a hearing (NRS 179.245(4)).","After the judge signs, get certified copies of the order and send one to each agency named in it. The Repository says sealing can take up to 6 months after it receives the order."],"where":"The court where the charges were dismissed or the acquittal was entered, or the court with jurisdiction over declined charges. One district court petition can cover records in several courts (NRS 179.2595).","forms":[{"name":"Request for Nevada Criminal History (DPS-006)","url":"https://www.rccd.nv.gov/siteassets/content/home/features/DPS-006_0000RCCD-006__07312023_rev_FINAL.pdf"},{"name":"Petition to Seal Records packet (Reno Justice Court)","url":"https://www.washoecounty.gov/rjc/files/forms/form_records-seal-packet.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Same court fees as other sealing petitions, which vary by court (for example $71 in the Reno and Incline Village justice courts), plus $27 for the Repository record and fingerprinting costs.","fee_waiver":"yes","fee_waiver_detail":"Apply to proceed as an indigent litigant under NRS 12.015 on the court's form."},"hearing":"sometimes","timeline":"The prosecutor has 30 days after notice to object (NRS 179.255(6)).","statute":{"cite":"NRS 179.255","url":"https://www.leg.state.nv.us/NRS/NRS-179.html"},"sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-179.html","title":"NRS Chapter 179 (sealing records of criminal proceedings, NRS 179.2405-179.301)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://prod.rccd.nv.gov/siteassets/content/feesforms/sealing-of-criminal-history-records-general-information.pdf","title":"Sealing of Criminal History Records: General Information (rev. 8/2025)","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"},{"url":"https://www.clarkcountynv.gov/government/departments/district_attorney/divisions/criminal/sealing_of_records/","title":"Sealing of Records","publisher":"Clark County District Attorney","accessed":"2026-10-22"},{"url":"https://files.lasvegasnevada.gov/municourt/Record-Sealing-Handbook.pdf","title":"Sealing of Records handbook (rev. 4/5/2021)","publisher":"Las Vegas Municipal Court","accessed":"2026-10-22"},{"url":"https://www.washoecounty.gov/rjc/files/forms/form_records-seal-packet.pdf","title":"Petition to Seal Records packet","publisher":"Justice Court of Reno Township (Washoe County)","accessed":"2026-10-22"},{"url":"https://www.rccd.nv.gov/siteassets/content/home/features/DPS-006_0000RCCD-006__07312023_rev_FINAL.pdf","title":"Request for Nevada Criminal History (form DPS-006, rev. 7/2023)","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-012.html","title":"NRS 12.015 (proceeding as an indigent litigant)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Bills/AB/AB219_R2.pdf","title":"Assembly Bill 219 (2021), second reprint (NRS 179.245, 179.247, 179.255, 179.271, 179.273)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Reports/history@ID=475.html","title":"Assembly Bill 219 (2021) bill history (approved June 4, 2021, chapter 403, effective October 1, 2021)","publisher":"Nevada Legislature","accessed":"2026-10-22"}]},{"id":"program-completion-sealing","name":"Sealing after diversion, deferred judgment or a specialty court program","type":"sealing","effect":"When you complete the program, the court dismisses the case (or sets aside the conviction), and the dismissal is not a conviction for employment, civil rights, licensing or any questionnaire (NRS 176.211(5), 176A.240(7), 174.033(2), 453.3363(4)). After a deferred judgment, first-time drug possession probation or the drug or alcohol treatment program, it still counts as a conviction for higher penalties for a later offense and for setting bail (NRS 176.211(5), 453.3363(4), 176A.240(7)-(8)). The court then orders the records sealed, with the same effect as other sealing (NRS 179.285). Professional licensing boards can still consider a drug possession dismissal under NRS 453.3363, are entitled to a truthful answer about it, and can inspect and copy those sealed records (NRS 453.3363(5), 453.3365(4)).","covers":"Cases dismissed or set aside after a justice or municipal court preprosecution diversion, a district court deferred judgment (NRS 176.211, which the court must offer for a first or second small-quantity drug possession offense), first-time drug possession probation (NRS 453.3363), or a drug, mental health or veterans treatment court program.","outcomes":["diversion"],"narrow":null,"eligible":["Preprosecution diversion in justice or municipal court: after dismissal, the court must seal the records without a hearing unless the district attorney shows good cause (NRS 174.034).","Deferred judgment in district court (NRS 176.211): after discharge and dismissal, the court must seal the records without a hearing unless Parole and Probation or the prosecutor shows good cause, and it sends the order to each agency named in it (NRS 176.211(6), (8)).","First or second offense of possessing a small amount of a controlled substance (under 14 grams of a schedule I or II substance, or under 28 grams of a schedule III, IV or V substance; a category E felony): if you consent, the court must defer judgment under NRS 176.211, and the deferred-judgment sealing rule applies when you finish (NRS 453.336(2)(a), 176.211(3)(a)(1)).","First-time drug possession probation (NRS 453.3363): if you have never been convicted of a drug offense under Nevada, federal or any state's law, the court may suspend proceedings on certain drug possession or use charges and place you on probation with an education or treatment program. After you are discharged, the court must seal the records without a hearing unless Parole and Probation shows good cause (NRS 453.3363(1), (3), 453.3365(2)). This dismissal can be granted only once (NRS 453.3363(4)).","Drug or alcohol, mental health, or veterans treatment court programs: after discharge or dismissal, the court must seal the records without a hearing unless Parole and Probation shows good cause (NRS 176A.245, 176A.265, 176A.295).","DUI or domestic battery charges that were conditionally dismissed (or a conviction set aside) after one of these treatment programs: you may petition 7 years later, and the court must seal them without a hearing unless Parole and Probation shows good cause (NRS 176A.245(2), 176A.265(2), 176A.295(2))."],"not_eligible":["Since January 1, 2026, cases charged as child abuse or neglect (NRS 200.508) or abuse of an older or vulnerable person (NRS 200.5099) are left out of the drug or alcohol, mental health and veterans treatment court sealing rules (NRS 176A.245(3), 176A.265(3), 176A.295(3)), and the court may not seal a deferred-judgment case charged under NRS 200.5099 (NRS 176.211(7)). Assembly Bill 4 of the 36th (2025) Special Session added these limits.","The court may not defer judgment for a defendant who has been convicted of a violent or sexual offense (as defined in NRS 202.876), a crime against a child, a violation of NRS 200.508, or a violation of NRS 574.100 punishable under its subsection 6 (NRS 176.211(3)(b)).","The drug or alcohol treatment program is not available for category A felonies or sexual offenses punishable as category B felonies (NRS 176A.240(4))."],"waiting_periods":[{"record":"Diversion, deferred judgment, first-time drug possession probation or specialty court case","wait":"None after you complete the program","detail":"The court orders sealing when you are discharged."},{"record":"DUI or domestic battery conditionally dismissed or set aside after a treatment program","wait":"7 years after the conditional dismissal or set-aside","detail":"Requires a petition (NRS 176A.245(2), 176A.265(2), 176A.295(2))."}],"automatic":"some","automatic_detail":"For most of these programs the statutes say the court shall order the records sealed once you complete the terms, without a petition or hearing unless Parole and Probation (or the prosecutor) objects for good cause. DUI and domestic battery cases need a petition after 7 years. Check that the court actually entered the order and that each listed agency received it; in preprosecution diversion cases the defendant must send the order to the agencies (NRS 174.034(2)).","how_to_file":["Finish every program term, including payments.","Ask the court clerk whether a sealing order was entered and get certified copies.","Send copies to every agency named in the order if the court does not, and check your Repository record afterward.","For a DUI or domestic battery case, wait 7 years after the conditional dismissal or set-aside, then file a petition with the court that handled it."],"where":"The justice, municipal or district court that ran the program.","forms":[{"name":"Request for Nevada Criminal History (DPS-006)","url":"https://www.rccd.nv.gov/siteassets/content/home/features/DPS-006_0000RCCD-006__07312023_rev_FINAL.pdf"}],"cost":{"filing_fee_usd":null,"detail":"The statutes for court-ordered sealing at discharge don't set a fee. A 7-year DUI or domestic battery petition may carry the court's usual filing fee; we did not find a published amount.","fee_waiver":"yes","fee_waiver_detail":"Apply to proceed as an indigent litigant under NRS 12.015 if a fee is charged."},"hearing":"sometimes","timeline":null,"statute":{"cite":"NRS 174.034, 176.211, 176A.245, 176A.265, 176A.295, 453.3363, 453.3365","url":"https://www.leg.state.nv.us/NRS/NRS-176A.html"},"sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-176A.html","title":"NRS Chapter 176A (NRS 176A.240-176A.295, 176A.850)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-176.html","title":"NRS 176.211 (deferral of judgment; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-174.html","title":"NRS 174.031-174.034 (preprosecution diversion; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-453.html","title":"NRS 453.336, 453.3363 and 453.3365 (drug possession; first-time probation; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/36th2025Special/Bills/AB/AB4_EN.pdf","title":"Assembly Bill 4, 36th (2025) Special Session, as enrolled (effective January 1, 2026)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-012.html","title":"NRS 12.015 (proceeding as an indigent litigant)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://sentencing.nv.gov/uploadedFiles/sentencingnvgov/content/News/AB236%20Practitioner's%20Guide%204.20.pdf","title":"Practitioner Guide to AB 236 (version as of April 2020)","publisher":"Nevada Advisory Commission on the Administration of Justice / Nevada Sentencing Commission","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/Statutes/83rd2025/Stats2025001.html","title":"Statutes of Nevada 2025, list of chapters (chapter 39, Senate Bill 17, approved May 26, 2025)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/Statutes/36thSS2025/Stats2025SS36R999.html","title":"Statutes of Nevada, 36th Special Session (2025), index","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/Statutes/36thSS2025/Stats2025SS3601.html","title":"Statutes of Nevada 2025, 36th Special Session, chapter 9 (Assembly Bill 4, approved November 29, 2025; effective January 1, 2026)","publisher":"Nevada Legislature","accessed":"2026-10-22"}]},{"id":"reentry-program-sealing","name":"Sealing after a reentry program","type":"sealing","effect":"Same effect as other sealing (NRS 179.285), except that professional licensing boards and the Division of Insurance can inspect and copy the sealed record when deciding on a license or discipline (NRS 179.259(3)-(4)).","covers":"One nonviolent felony conviction, 4 years after you complete a correctional or judicial reentry program.","outcomes":["felony"],"narrow":"Completed a state reentry program only","eligible":["You completed a correctional reentry program run by the Department of Corrections or a judicial reentry program, which you took part in under NRS 209.4886, 209.4888, 213.625 or 213.632 (NRS 179.259(6)(b)-(c)).","You were convicted of a single felony that did not involve the use or threatened use of force or violence against the victim; multiple felony counts from the same incident count as one (NRS 179.259(6)(b)).","4 years have passed since you completed the program (NRS 179.259(1))."],"not_eligible":["Crimes against a child and sexual offenses (NRS 179.259(5))."],"waiting_periods":[{"record":"Single nonviolent felony after a reentry program","wait":"4 years after completing the program","detail":"NRS 179.259(1)"}],"automatic":"not_stated","automatic_detail":"The statute says the court may order the records sealed 4 years after completion, without a hearing unless Parole and Probation asks for one for good cause. It does not set out a filing procedure, but it says a person 'may not petition the court' to seal records of a crime against a child or a sexual offense, which suggests sealing is requested by petition (NRS 179.259(1), (5)). Ask the court that handled the case.","how_to_file":["Get proof that you completed the reentry program and a current Repository record (DPS-006).","Contact the court that handled the case or the reentry program about the sealing order."],"where":"The court that handled the case.","forms":[{"name":"Request for Nevada Criminal History (DPS-006)","url":"https://www.rccd.nv.gov/siteassets/content/home/features/DPS-006_0000RCCD-006__07312023_rev_FINAL.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Not stated in the statute.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"NRS 179.259","url":"https://www.leg.state.nv.us/NRS/NRS-179.html"},"sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-179.html","title":"NRS Chapter 179 (sealing records of criminal proceedings, NRS 179.2405-179.301)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://prod.rccd.nv.gov/siteassets/content/feesforms/sealing-of-criminal-history-records-general-information.pdf","title":"Sealing of Criminal History Records: General Information (rev. 8/2025)","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"}]},{"id":"decriminalized-offense-sealing","name":"Sealing a conviction for a decriminalized offense","type":"sealing","effect":"Same effect as other sealing (NRS 179.285).","covers":"Convictions for offenses that are no longer crimes because of a law passed by the Legislature or a ballot initiative or referendum.","outcomes":["misdemeanor","felony"],"narrow":"Offenses no longer crimes in Nevada only","eligible":["You were convicted of the offense before the date it was decriminalized (NRS 179.271(1)(a)).","Decriminalized means the offense is no longer punishable as a crime because of an act of the Legislature or a referendum or initiative petition (NRS 179.271(4)(a))."],"not_eligible":["Traffic offenses (NRS 179.271(3))."],"waiting_periods":[{"record":"Conviction for a decriminalized offense","wait":"None","detail":"NRS 179.271"}],"automatic":"no","automatic_detail":null,"how_to_file":["Send a written request to the court where you were convicted asking it to seal the records.","The court notifies the prosecutor, who has 10 judicial days to object in writing. With no objection, the court must grant the request; with an objection, it holds a hearing and must grant the request unless the prosecutor shows good cause by clear and convincing evidence. A denial can be appealed (NRS 179.271(1)(b))."],"where":"Any court where you were convicted of the offense.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No court or criminal justice agency may charge a fee for the request (NRS 179.271(2)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The prosecutor has 10 judicial days after notice to object.","statute":{"cite":"NRS 179.271","url":"https://www.leg.state.nv.us/NRS/NRS-179.html"},"sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-179.html","title":"NRS Chapter 179 (sealing records of criminal proceedings, NRS 179.2405-179.301)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/80th2019/Bills/Amendments/A_AB192_194.pdf","title":"Assembly Amendment No. 194 to Assembly Bill 192 (2019) (sealing decriminalized offenses, NRS 179.271)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Bills/AB/AB219_R2.pdf","title":"Assembly Bill 219 (2021), second reprint (NRS 179.245, 179.247, 179.255, 179.271, 179.273)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Reports/history@ID=475.html","title":"Assembly Bill 219 (2021) bill history (approved June 4, 2021, chapter 403, effective October 1, 2021)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/80th2019/Minutes/Senate/JUD/Final/1062.pdf","title":"Minutes of the Senate Committee on Judiciary, May 9, 2019 (Assembly Bill 192)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://gov.nv.gov/layouts/full_page.aspx?id=307693","title":"Nevada State Board of Pardons Commissioners passes resolution pardoning those convicted of minor marijuana offenses (June 17, 2020)","publisher":"Office of the Governor of Nevada","accessed":"2026-10-22"}]},{"id":"pardon-sealing","name":"Sealing after a pardon","type":"sealing","effect":"Same effect as other sealing (NRS 179.285). Unlike sealing alone, a pardon can restore the right to have a firearm if the pardon does not restrict it (NRS 179.285(2)(b); Nevada Division of Parole and Probation).","covers":"Convictions pardoned by the State Board of Pardons Commissioners, including the Board's June 2020 pardon of convictions for possessing one ounce or less of marijuana not for sale.","outcomes":["misdemeanor","felony"],"narrow":"People granted a Nevada pardon only","eligible":["When the court and the Central Repository receive a certified copy of an unconditional pardon from the State Board of Pardons Commissioners, they must seal all records covered by the pardon (NRS 179.273(1)).","Anyone who receives a pardon from the Board may also petition any convicting court, with proof of the pardon, to seal the records; the prosecutor does not review it, and the court must grant it unless the charges differ from the pardon (NRS 179.273(2)-(4))."],"not_eligible":[],"waiting_periods":[{"record":"Pardoned conviction","wait":"None","detail":"NRS 179.273"}],"automatic":"yes","automatic_detail":"For an unconditional pardon, sealing happens once the court and the Repository receive the certified pardon; a petition is optional (NRS 179.273(1)-(2)).","how_to_file":["Apply to the State Board of Pardons Commissioners (Records, Communications and Compliance Division general information).","After a pardon, check that the court and the Repository received a certified copy; if needed, file a written petition with proof of the pardon in the convicting court.","The Division of Parole and Probation notes that only a pardon can restore the right to have a firearm, and that sealing records before applying for a pardon makes a pardon harder to get."],"where":"State Board of Pardons Commissioners for the pardon; the convicting court for an optional petition.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No court or criminal justice agency may charge a fee for the petition (NRS 179.273(5)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":null,"statute":{"cite":"NRS 179.273","url":"https://www.leg.state.nv.us/NRS/NRS-179.html"},"sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-179.html","title":"NRS Chapter 179 (sealing records of criminal proceedings, NRS 179.2405-179.301)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://prod.rccd.nv.gov/siteassets/content/feesforms/sealing-of-criminal-history-records-general-information.pdf","title":"Sealing of Criminal History Records: General Information (rev. 8/2025)","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"},{"url":"https://npp.nv.gov/Home/Resources/Sealing_of_Criminal_Records","title":"Sealing of Criminal Records","publisher":"Nevada Division of Parole and Probation","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Bills/AB/AB219_R2.pdf","title":"Assembly Bill 219 (2021), second reprint (NRS 179.245, 179.247, 179.255, 179.271, 179.273)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Reports/history@ID=475.html","title":"Assembly Bill 219 (2021) bill history (approved June 4, 2021, chapter 403, effective October 1, 2021)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://gov.nv.gov/layouts/full_page.aspx?id=307693","title":"Nevada State Board of Pardons Commissioners passes resolution pardoning those convicted of minor marijuana offenses (June 17, 2020)","publisher":"Office of the Governor of Nevada","accessed":"2026-10-22"},{"url":"https://pardons.nv.gov/uploadedFiles/pardonsnvgov/Marijuana%20Pardons%20Resolution%20-%20FINAL.pdf1.pdf","title":"Resolution pardoning persons convicted of possessing one ounce or less of marijuana","publisher":"Nevada State Board of Pardons Commissioners","accessed":"2026-10-22"}]},{"id":"trafficking-vacatur","name":"Vacating and sealing convictions of trafficking survivors","type":"vacatur","effect":"The court vacates the judgment, dismisses the charge and seals the records (NRS 179.247(7)). Sealed records have the effect described in NRS 179.285.","covers":"Convictions for prostitution or solicitation (not as a customer), loitering for prostitution under a local ordinance, or any nonviolent state crime, where the person took part because they were a victim of trafficking or involuntary servitude.","outcomes":["misdemeanor","felony"],"narrow":"Trafficking and involuntary servitude survivors only","eligible":["You were convicted of prostitution or solicitation (not as an alleged customer), loitering for prostitution under a county, city or town ordinance, or any crime other than a crime of violence (NRS 179.247(2)).","Your participation was the result of being a victim of trafficking in persons or involuntary servitude (NRS 179.247(4)(b)).","You file with due diligence after you stopped being a victim or sought services for victims (NRS 179.247(4)(c))."],"not_eligible":["Crimes of violence (NRS 179.247(2)(b))."],"waiting_periods":[{"record":"Eligible conviction","wait":"No fixed wait","detail":"File with due diligence (NRS 179.247(4)(c))."}],"automatic":"no","automatic_detail":null,"how_to_file":["File a petition that meets the requirements of NRS 179.245 in the convicting court, or in district court if you have cases in more than one court (NRS 179.247(1), (3)).","The court notifies the Repository, the Attorney General, the district attorney and police, considers safety concerns, and follows the same 30-day objection process (NRS 179.247(5)-(6))."],"where":"The convicting court, or the district court for petitions covering more than one court.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The vacatur statute (NRS 179.247) does not set its own fee rule, so ask the court. For sealing petitions under NRS 179.245, no court or criminal justice agency may charge any fee if you were being sex trafficked when the crime happened (NRS 179.245(9)), and the Repository's form DPS-006 waives its record fee for sex trafficking victims.","fee_waiver":"yes","fee_waiver_detail":"Anyone who can't pay can apply to proceed as an indigent litigant under NRS 12.015 on the court's form."},"hearing":"sometimes","timeline":null,"statute":{"cite":"NRS 179.247","url":"https://www.leg.state.nv.us/NRS/NRS-179.html"},"sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-179.html","title":"NRS Chapter 179 (sealing records of criminal proceedings, NRS 179.2405-179.301)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.rccd.nv.gov/siteassets/content/home/features/DPS-006_0000RCCD-006__07312023_rev_FINAL.pdf","title":"Request for Nevada Criminal History (form DPS-006, rev. 7/2023)","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-012.html","title":"NRS 12.015 (proceeding as an indigent litigant)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Bills/AB/AB219_R2.pdf","title":"Assembly Bill 219 (2021), second reprint (NRS 179.245, 179.247, 179.255, 179.271, 179.273)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Reports/history@ID=475.html","title":"Assembly Bill 219 (2021) bill history (approved June 4, 2021, chapter 403, effective October 1, 2021)","publisher":"Nevada Legislature","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"Nevada has no broad Clean Slate law; most sealing still needs a petition. Some relief happens without one: courts must order records sealed after a person completes preprosecution diversion, a deferred judgment, first-time drug possession probation or a drug, mental health or veterans treatment court program (NRS 174.034, 176.211, 176A.245, 176A.265, 176A.295, 453.3365), must seal a misdemeanor case for possessing 1 ounce or less of marijuana without a hearing once the person fulfills the terms imposed (NRS 453.336(4), (8)), and the court and Repository must seal records once they receive a certified unconditional pardon (NRS 179.273). Since January 1, 2026, Assembly Bill 4 of the 36th (2025) Special Session has left cases charged as child abuse or neglect or abuse of an older or vulnerable person out of the treatment court sealing rules (NRS 176A.245(3), 176A.265(3), 176A.295(3)), and cases charged as abuse of an older or vulnerable person out of deferred-judgment sealing (NRS 176.211(7)). A 2023 bill for state-initiated automatic sealing of misdemeanors and certain drug felonies (Assembly Bill 160) was vetoed on June 16, 2023.","sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-179.html","title":"NRS Chapter 179 (sealing records of criminal proceedings, NRS 179.2405-179.301)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-176A.html","title":"NRS Chapter 176A (NRS 176A.240-176A.295, 176A.850)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-176.html","title":"NRS 176.211 (deferral of judgment; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-174.html","title":"NRS 174.031-174.034 (preprosecution diversion; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-453.html","title":"NRS 453.336, 453.3363 and 453.3365 (drug possession; first-time probation; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/36th2025Special/Bills/AB/AB4_EN.pdf","title":"Assembly Bill 4, 36th (2025) Special Session, as enrolled (effective January 1, 2026)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.gov.nv.gov/siteassets/content/executive-actions/vetos/2023-06-16_Veto_AB160.pdf","title":"Veto message, Assembly Bill 160 (2023), June 16, 2023","publisher":"Office of the Governor of Nevada","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/Statutes/36thSS2025/Stats2025SS36R999.html","title":"Statutes of Nevada, 36th Special Session (2025), index","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/Statutes/36thSS2025/Stats2025SS3601.html","title":"Statutes of Nevada 2025, 36th Special Session, chapter 9 (Assembly Bill 4, approved November 29, 2025; effective January 1, 2026)","publisher":"Nevada Legislature","accessed":"2026-10-22"}]},"marijuana":{"detail":"Possessing 1 ounce or less of marijuana in violation of NRS 453.336 is a misdemeanor, and once a person fulfills the terms and conditions imposed for it, the court must order the records sealed without a hearing and send the order to each agency named in it (NRS 453.336(4), (8)). Separately, anyone convicted of an offense that was later decriminalized by the Legislature or a ballot initiative or referendum can send a written request to the convicting court to seal it, with no fee; the prosecutor has 10 judicial days to object, the court must grant it unless the prosecutor shows good cause by clear and convincing evidence, and a denial can be appealed (NRS 179.271). The statute does not list which offenses count. When the law was passed (Assembly Bill 192 of 2019), the Senate Judiciary chair described it as addressing misdemeanor marijuana possession only, though a senator said it was unclear which of the many marijuana offense codes would count (Senate Judiciary minutes, May 9, 2019); the Governor's office has described it as a streamlined, free process for sealing convictions for possession of less than one ounce of marijuana. Separately, on June 17, 2020 the State Board of Pardons Commissioners unconditionally pardoned people convicted in Nevada of possessing one ounce or less of marijuana not for the purpose of sale (including NRS 453.336(4)), but not related convictions. The pardon does not seal the record by itself; a pardoned person can petition any convicting court, with proof of the pardon and no fee, and the court must grant it unless the charges differ from the pardon (NRS 179.273). Other drug convictions follow the regular waits in NRS 179.245, and drug possession cases dismissed after a deferred judgment or first-time drug possession probation are sealed by the court (NRS 176.211(6), 453.3365(2)). A 2023 bill for automatic sealing (Assembly Bill 160) was vetoed.","sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-179.html","title":"NRS Chapter 179 (sealing records of criminal proceedings, NRS 179.2405-179.301)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-453.html","title":"NRS 453.336, 453.3363 and 453.3365 (drug possession; first-time probation; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-176.html","title":"NRS 176.211 (deferral of judgment; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.gov.nv.gov/siteassets/content/executive-actions/vetos/2023-06-16_Veto_AB160.pdf","title":"Veto message, Assembly Bill 160 (2023), June 16, 2023","publisher":"Office of the Governor of Nevada","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/80th2019/Bills/Amendments/A_AB192_194.pdf","title":"Assembly Amendment No. 194 to Assembly Bill 192 (2019) (sealing decriminalized offenses, NRS 179.271)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Bills/AB/AB219_R2.pdf","title":"Assembly Bill 219 (2021), second reprint (NRS 179.245, 179.247, 179.255, 179.271, 179.273)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/80th2019/Minutes/Senate/JUD/Final/1062.pdf","title":"Minutes of the Senate Committee on Judiciary, May 9, 2019 (Assembly Bill 192)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://gov.nv.gov/layouts/full_page.aspx?id=307693","title":"Nevada State Board of Pardons Commissioners passes resolution pardoning those convicted of minor marijuana offenses (June 17, 2020)","publisher":"Office of the Governor of Nevada","accessed":"2026-10-22"},{"url":"https://pardons.nv.gov/uploadedFiles/pardonsnvgov/Marijuana%20Pardons%20Resolution%20-%20FINAL.pdf1.pdf","title":"Resolution pardoning persons convicted of possessing one ounce or less of marijuana","publisher":"Nevada State Board of Pardons Commissioners","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Charges that were dismissed, and acquittals, can be sealed by petition at any time; for an acquittal, the court must seal the records if no further action is expected. Charges the prosecutor declined to file can be sealed after the statute of limitations runs, 8 years after the arrest, or sooner if the prosecutor agrees (NRS 179.255). The prosecutor gets 30 days to object, and a hearing is held only if the court doesn't grant it on the papers (NRS 179.255(6)). Cases dismissed after diversion, deferred judgment or a treatment court program are sealed by the court when the program ends (NRS 174.034, 176.211, 176A.245). Some prosecutors won't agree to seal a charge dismissed without prejudice until the statute of limitations has run (Clark County District Attorney).","sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-179.html","title":"NRS Chapter 179 (sealing records of criminal proceedings, NRS 179.2405-179.301)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-174.html","title":"NRS 174.031-174.034 (preprosecution diversion; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-176.html","title":"NRS 176.211 (deferral of judgment; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-176A.html","title":"NRS Chapter 176A (NRS 176A.240-176A.295, 176A.850)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.clarkcountynv.gov/government/departments/district_attorney/divisions/criminal/sealing_of_records/","title":"Sealing of Records","publisher":"Clark County District Attorney","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"A first or second DUI within 7 years is a misdemeanor (NRS 484C.400(1)(a)-(b)) and can be sealed by petition 7 years after release from custody or the end of a suspended sentence, whichever is later (NRS 179.245(1)(e)). A third DUI within 7 years is a category B felony (NRS 484C.400(1)(c)), and a DUI punished as a felony under that paragraph can't be sealed, unless the judgment was entered as a second offense because the person took part in the statewide sobriety and drug monitoring program (NRS 179.245(6)(d), (7)). In counting the 7 years, time spent in prison, in residential confinement, under a treatment provider's supervision, or on parole or probation is left out, and a DUI that was conditionally dismissed or set aside after a treatment program still counts as a prior offense (NRS 484C.400(2)(c), (6)). DUI causing death or substantial bodily harm (NRS 484C.430) and any DUI homicide can never be sealed (NRS 179.245(6)(e)-(f)). If a DUI charge is conditionally dismissed or a DUI conviction is set aside after a drug or alcohol, mental health or veterans treatment program, the person can petition 7 years later and the court must seal it without a hearing unless Parole and Probation objects (NRS 176A.240(8), 176A.245(2)). We did not review how sealing affects DMV driving records.","sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-179.html","title":"NRS Chapter 179 (sealing records of criminal proceedings, NRS 179.2405-179.301)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-176A.html","title":"NRS Chapter 176A (NRS 176A.240-176A.295, 176A.850)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-484C.html","title":"NRS 484C.400 (penalties for first, second and third DUI offenses)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://reno.gov/government/municipal-court/driving-under-the-influence","title":"Driving Under the Influence","publisher":"Reno Municipal Court","accessed":"2026-10-22"},{"url":"https://files.lasvegasnevada.gov/municourt/Record-Sealing-Handbook.pdf","title":"Sealing of Records handbook (rev. 4/5/2021)","publisher":"Las Vegas Municipal Court","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/82nd2023/Bills/AB/AB275_EN.pdf","title":"Assembly Bill 275 (2023), as enrolled (NRS 179.245, effective July 1, 2023)","publisher":"Nevada Legislature","accessed":"2026-10-22"}]},"employers":{"detail":"After sealing, the proceedings are deemed never to have occurred, and you may answer any inquiry, including on a job application, as if the arrest, conviction, dismissal or acquittal did not happen (NRS 179.285(1)(a)). Exceptions: the Gaming Control Board and Gaming Commission can inspect sealed gaming-related records and use them for gaming licenses, though not to deny a gaming work permit unless the case relates to the person's suitability for it; the Division of Insurance can use insurance-related records; and the Central Repository can notify employers of sexual-offense information as federal law allows (NRS 179.301). Licensing boards can see records sealed after a reentry program or a drug possession dismissal under NRS 453.3363, and are entitled to a truthful answer about an NRS 453.3363 case (NRS 179.259, 453.3363(5), 453.3365(4)). A dismissal after diversion, a deferred judgment, first-time drug possession probation or a treatment program is not a conviction for employment purposes (NRS 174.033(2), 176.211(5), 176A.240(7), 453.3363(4)). A person who has been discharged from probation need not disclose the conviction to an employer or prospective employer, except that it must be disclosed to a gaming establishment and to the State and its agencies, boards, commissions and political subdivisions when an application for employment, a license or another permit asks for it (NRS 176A.850(4)(h)-(i)). Nevada's fair-chance law (Assembly Bill 384 of 2017, effective January 1, 2018) applies to state, county, city and town jobs, which generally may consider criminal history only after the final in-person interview, a conditional offer or certification; it does not cover private employers, and we found no statewide law that does.","sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-179.html","title":"NRS Chapter 179 (sealing records of criminal proceedings, NRS 179.2405-179.301)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-176A.html","title":"NRS Chapter 176A (NRS 176A.240-176A.295, 176A.850)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-176.html","title":"NRS 176.211 (deferral of judgment; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-174.html","title":"NRS 174.031-174.034 (preprosecution diversion; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-453.html","title":"NRS 453.336, 453.3363 and 453.3365 (drug possession; first-time probation; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/79th2017/Bills/AB/AB384_EN.pdf","title":"Assembly Bill 384 (2017), as enrolled","publisher":"Nevada Legislature","accessed":"2026-10-22"}]},"free_help":[{"name":"Legal Aid Center of Southern Nevada: Criminal Record Sealing Class","url":"https://lacsn.org/what-we-do/free-classes/record-sealing","type":"legal_aid","detail":"Free classes and a forms clinic on when and how to seal records, with links to fill-in sealing forms; based in Las Vegas, (702) 386-1070."},{"name":"Nevada Records, Communications and Compliance Division: Sealing NV Criminal History Records","url":"https://rccd.nv.gov/FeesForms/Criminal/Sealing_NV_Criminal_History_Records/","type":"state_agency","detail":"How to get your own Nevada criminal history for a sealing petition and what happens after the court order."},{"name":"Nevada Division of Parole and Probation: Sealing of Criminal Records","url":"https://npp.nv.gov/Home/Resources/Sealing_of_Criminal_Records","type":"state_agency","detail":"Short overview with links to county and city sealing instructions and the Board of Pardons."}],"sources":[{"url":"https://www.leg.state.nv.us/NRS/NRS-179.html","title":"NRS Chapter 179 (sealing records of criminal proceedings, NRS 179.2405-179.301)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-176A.html","title":"NRS Chapter 176A (NRS 176A.240-176A.295, 176A.850)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-176.html","title":"NRS 176.211 (deferral of judgment; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-174.html","title":"NRS 174.031-174.034 (preprosecution diversion; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-453.html","title":"NRS 453.336, 453.3363 and 453.3365 (drug possession; first-time probation; sealing)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-012.html","title":"NRS 12.015 (proceeding as an indigent litigant)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://prod.rccd.nv.gov/siteassets/content/feesforms/sealing-of-criminal-history-records-general-information.pdf","title":"Sealing of Criminal History Records: General Information (rev. 8/2025)","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"},{"url":"https://rccd.nv.gov/FeesForms/Criminal/Sealing_NV_Criminal_History_Records/","title":"Sealing NV Criminal History Records","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"},{"url":"https://www.rccd.nv.gov/fees-forms/fees-information-fingerprints/frequently-asked-questions-faqs/","title":"Frequently Asked Questions","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"},{"url":"https://www.rccd.nv.gov/siteassets/content/home/features/DPS-006_0000RCCD-006__07312023_rev_FINAL.pdf","title":"Request for Nevada Criminal History (form DPS-006, rev. 7/2023)","publisher":"Nevada Department of Public Safety, Records, Communications and Compliance Division","accessed":"2026-10-22"},{"url":"https://www.washoecounty.gov/rjc/files/forms/form_records-seal-packet.pdf","title":"Petition to Seal Records packet","publisher":"Justice Court of Reno Township (Washoe County)","accessed":"2026-10-22"},{"url":"https://www.washoecounty.gov/ijc/files/Instruction-for-Filing-a-Petition-to-Seal-Records.pdf","title":"Instruction for Filing a Petition to Seal Records","publisher":"Incline Village Justice Court (Washoe County)","accessed":"2026-10-22"},{"url":"https://files.lasvegasnevada.gov/municourt/Record-Sealing-Handbook.pdf","title":"Sealing of Records handbook (rev. 4/5/2021)","publisher":"Las Vegas Municipal Court","accessed":"2026-10-22"},{"url":"https://www.clarkcountynv.gov/government/departments/district_attorney/divisions/criminal/sealing_of_records/","title":"Sealing of Records","publisher":"Clark County District Attorney","accessed":"2026-10-22"},{"url":"https://lacsn.org/what-we-do/free-classes/record-sealing","title":"Criminal Record Sealing Class","publisher":"Legal Aid Center of Southern Nevada","accessed":"2026-10-22"},{"url":"https://npp.nv.gov/Home/Resources/Sealing_of_Criminal_Records","title":"Sealing of Criminal Records","publisher":"Nevada Division of Parole and Probation","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/36th2025Special/Bills/AB/AB4_EN.pdf","title":"Assembly Bill 4, 36th (2025) Special Session, as enrolled (effective January 1, 2026)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/83rd2025/Bills/AB/AB35_EN.pdf","title":"Assembly Bill 35 (2025), as enrolled","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.gov.nv.gov/siteassets/content/executive-actions/vetos/2023-06-16_Veto_AB160.pdf","title":"Veto message, Assembly Bill 160 (2023), June 16, 2023","publisher":"Office of the Governor of Nevada","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/79th2017/Bills/AB/AB384_EN.pdf","title":"Assembly Bill 384 (2017), as enrolled","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/82nd2023/Bills/AB/AB275_EN.pdf","title":"Assembly Bill 275 (2023), as enrolled (NRS 179.245, effective July 1, 2023)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Bills/AB/AB219_R2.pdf","title":"Assembly Bill 219 (2021), second reprint (NRS 179.245, 179.247, 179.255, 179.271, 179.273)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/81st2021/Reports/history@ID=475.html","title":"Assembly Bill 219 (2021) bill history (approved June 4, 2021, chapter 403, effective October 1, 2021)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/79th2017/Bills/AB/AB327_EN.pdf","title":"Assembly Bill 327 (2017), as enrolled (presumption in favor of sealing, NRS 179.2445)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/80th2019/Bills/Amendments/A_AB192_194.pdf","title":"Assembly Amendment No. 194 to Assembly Bill 192 (2019) (sealing decriminalized offenses, NRS 179.271)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://archive.leg.state.nv.us/Session/80th2019/Minutes/Senate/JUD/Final/1062.pdf","title":"Minutes of the Senate Committee on Judiciary, May 9, 2019 (Assembly Bill 192)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://gov.nv.gov/layouts/full_page.aspx?id=307693","title":"Nevada State Board of Pardons Commissioners passes resolution pardoning those convicted of minor marijuana offenses (June 17, 2020)","publisher":"Office of the Governor of Nevada","accessed":"2026-10-22"},{"url":"https://pardons.nv.gov/uploadedFiles/pardonsnvgov/Marijuana%20Pardons%20Resolution%20-%20FINAL.pdf1.pdf","title":"Resolution pardoning persons convicted of possessing one ounce or less of marijuana","publisher":"Nevada State Board of Pardons Commissioners","accessed":"2026-10-22"},{"url":"https://reno.gov/government/municipal-court/driving-under-the-influence","title":"Driving Under the Influence","publisher":"Reno Municipal Court","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/30619","title":"Sealing Criminal Records in Nevada (presentation by Nevada Coalition of Legal Service Providers and Legal Aid Center of Southern Nevada attorneys, 2023-2024 interim)","publisher":"Nevada Legislature (interim committee exhibit)","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/Statutes/83rd2025/Stats2025001.html","title":"Statutes of Nevada 2025, list of chapters (chapter 39, Senate Bill 17, approved May 26, 2025)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/Statutes/36thSS2025/Stats2025SS36R999.html","title":"Statutes of Nevada, 36th Special Session (2025), index","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://sentencing.nv.gov/uploadedFiles/sentencingnvgov/content/News/AB236%20Practitioner's%20Guide%204.20.pdf","title":"Practitioner Guide to AB 236 (version as of April 2020)","publisher":"Nevada Advisory Commission on the Administration of Justice / Nevada Sentencing Commission","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/NRS/NRS-484C.html","title":"NRS 484C.400 (penalties for first, second and third DUI offenses)","publisher":"Nevada Legislature","accessed":"2026-10-22"},{"url":"https://www.leg.state.nv.us/Statutes/36thSS2025/Stats2025SS3601.html","title":"Statutes of Nevada 2025, 36th Special Session, chapter 9 (Assembly Bill 4, approved November 29, 2025; effective January 1, 2026)","publisher":"Nevada Legislature","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"new-hampshire","code":"NH","name":"New Hampshire","terms":["annulment","petition to annul","certificate of annulment"],"summary":"New Hampshire clears records through annulment: the court seals the record, the State Police remove it from the criminal history, and the person is treated as never having been arrested or convicted. Most convictions can be annulled after a waiting period that starts when the sentence is complete: 1 year for a violation, 2 for a class B misdemeanor, 3 for a class A misdemeanor, 5 for a class B felony and 10 for a class A felony. DWI convictions wait 10 years from the conviction date, and drug felonies and the driving offenses listed in the habitual offender law (such as speeding and reckless driving) wait at least 7 years from the conviction date. Violent crimes, felony obstruction of justice and extended-term sentences can never be annulled. Arrests and charges that didn't end in a conviction can be annulled by petition at any time or shortly after the case ends, and starting January 1, 2027 petitions for not guilty, dismissed or not prosecuted cases resolved since 2019 will have no filing fee.","remedies":[{"id":"non-conviction-annulment","name":"Annulment of arrests and charges that did not end in a conviction","type":"sealing","effect":"Once annulled, the person is treated in all respects as if they had never been arrested, convicted or sentenced. Court records are sealed and open only to the person, their lawyer, a court sentencing them for a later crime, and law enforcement for legitimate purposes; the State Police remove the record from the state criminal history and notify state and federal agencies (RSA 651:5, X). On applications for jobs, licenses or other civil rights or privileges, and as a witness, a person may be asked about a criminal record only in terms such as \"Have you ever been arrested for or convicted of a crime that has not been annulled by a court?\" (X(f)). A later sentencing court may consider an annulled conviction, it can still count toward habitual offender status under RSA 259:39, and law enforcement may keep the records and share them with other officers for investigations or with the police standards and training council (X(a), XI).","covers":"Arrests with no charge filed, and charges that were dismissed, not prosecuted (nol prossed) or ended in a not guilty finding, plus convictions later vacated by a court.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["For cases disposed of on or after January 1, 2019: a finding of not guilty on all charges from the arrest, or a case that was dismissed or not prosecuted. The law says these records \"shall\" be annulled 30 days after a dismissal or not guilty finding, or after an appeal under RSA 606:10 affirms the dismissal (RSA 651:5, II-a(a)).","For cases disposed of before January 1, 2019: a not guilty finding, dismissal or no prosecution, at any time (RSA 651:5, II).","A conviction that a court later vacated (RSA 651:5, II and II-a(b)).","Charges dropped after a diversion program: the statute covers any case that was dismissed or not prosecuted, but no official source we found says how completed diversion cases are recorded or annulled, so it is unclear; the court record's disposition (dismissed or nol prossed) is what the petition relies on.","You can ask to annul a non-conviction even while you are still serving a sentence for something else, according to 603 Legal Aid."],"not_eligible":["Not guilty charges from an arrest that also led to a conviction: for cases resolved since 2019, the mandatory rule needs a not guilty finding on all charges from the arrest, and the Judicial Branch says to wait until the companion convictions are eligible (RSA 651:5, II-a(a)).","Federal charges: the State Police say these must be annulled through federal court."],"waiting_periods":[{"record":"Arrest with no charge filed, or a charge nol prossed (not prosecuted) or vacated","wait":"None","detail":"The Judicial Branch checklist says you may petition at any time."},{"record":"Charge dismissed by the court (resolved on or after January 1, 2019)","wait":"30 days (file on the 31st day after the dismissal order)","detail":"Or after an appeal under RSA 606:10 affirms the dismissal."},{"record":"Not guilty on all charges (resolved on or after January 1, 2019)","wait":"After the appeal period ends","detail":"RSA 651:5, II-a(a) says 30 days after the not guilty finding; the Judicial Branch checklist says after the appeal period, and only if you were found not guilty of all charges from the same incident."},{"record":"Not guilty, dismissed or not prosecuted before January 1, 2019","wait":"None","detail":null}],"automatic":"no","automatic_detail":"RSA 651:5, II-a(a) says post-2018 non-conviction records \"shall\" be annulled, but the Judicial Branch still has people file a Petition of Eligibility (NHJB-3056-DSe), and SB 512 (2026) refers to petitions brought under that paragraph. The Judicial Branch checklist says that once the petition is filed and all appeal periods have expired, the court issues an order on it; no Department of Corrections investigation is involved.","how_to_file":["Get your full and confidential criminal record from the State Police Criminal Records Unit (choose \"Annulment/Expungement\" as the purpose; $25), and get case summaries from each court.","Use form NHJB-3056-DSe for cases resolved on or after January 1, 2019, or NHJB-2317-DSe for older cases. File a separate petition for each charge, in the court where the charge was resolved.","Pay the court fee or ask the court to waive it (see cost). The Department of Corrections investigation and State Police fees do not apply to non-convictions.","After the appeal period, the court issues its order. The State Police say non-conviction charges are removed from the state criminal history within 1-2 business days after they get the court's order, and from the FBI record in 2-4 weeks."],"where":"The court where the charge was decided: Circuit Court, District Division for most misdemeanors and violations, or Superior Court for felonies.","forms":[{"name":"Petition of Eligibility for Annulment of Record, Non-Conviction (NHJB-3056-DSe), for cases resolved on or after January 1, 2019","url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-3056-dse.pdf"},{"name":"Petition to Annul Record (NHJB-2317-DSe), for cases resolved before January 1, 2019","url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2317-dse.pdf"},{"name":"Annulment of Criminal Records checklist","url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/annulmentchecklist.pdf"}],"cost":{"filing_fee_usd":125,"detail":"The court fee for a petition to annul is $125 (N.H. R. Crim. P. 52(b)(1)); the Judicial Branch says one fee covers several petitions filed at the same time in the same court. From January 1, 2027, SB 512 (Chapter 105 of 2026) bars any filing fee for petitions under RSA 651:5, II-a(a): cases disposed of on or after January 1, 2019 that ended in a not guilty finding on all charges, a dismissal or no prosecution. It does not cover older cases or vacated convictions. The Department of Corrections and State Police fees are not charged when the case was dismissed, not prosecuted or ended in a not guilty finding (RSA 651:5, IX, X(d)).","fee_waiver":"yes","fee_waiver_detail":"Under Rule 31(b), the court may waive the filing fee on review of a signed affidavit of assets and liabilities if the person is indigent or was found not guilty, or the case was dismissed or not prosecuted. Ask the clerk which waiver form to use."},"hearing":"sometimes","timeline":"Non-conviction petitions don't go to the Department of Corrections for investigation; once the appeal period has run, the court rules on the petition. The State Police then remove the record within 1-2 business days.","statute":{"cite":"RSA 651:5, II and II-a","url":"https://gc.nh.gov/rsa/html/LXII/651/651-5.htm"},"sources":[{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5.htm","title":"RSA 651:5. Annulment of Criminal Records","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/bill_status/legacy/bs2016/billText.aspx?id=1296&sy=2026&txtFormat=html","title":"SB 512-FN (2026), Chapter 105, relative to fees to annul criminal records related to charges that do not result in conviction (approved May 28, 2026; effective January 1, 2027)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/new-hampshire-rules-criminal-procedure/rule-31-annulments","title":"N.H. R. Crim. P. 31. Annulments","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/new-hampshire-rules-criminal-procedure/rule-52-fees","title":"N.H. R. Crim. P. 52. Fees","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/annulmentchecklist.pdf","title":"Annulment of Criminal Records checklist (Court Service Center, 08/24/2020)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/marijuanaannulment.pdf","title":"Annulling Personal Possession (3/4 oz. or less) of Marijuana checklist (08/24/2020)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-3056-dse.pdf","title":"NHJB-3056-DSe Petition of Eligibility for Annulment of Record Non-Conviction","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.nhsp.dos.nh.gov/our-services/criminal-records/criminal-history-record-requests","title":"Criminal History Record Requests ($25 per request; notarized form required by mail for your own full confidential record)","publisher":"New Hampshire State Police (Department of Safety)","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/our-courts/circuit-court/district-division/annulment","title":"Annulment - District Division (forms and checklists)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.nhsp.dos.nh.gov/our-services/criminal-records/criminal-record-annulments","title":"Criminal Record Annulments","publisher":"New Hampshire State Police (Department of Safety)","accessed":"2026-10-22"},{"url":"https://www.603legalaid.org/self-help-articles/criminal-record-annulment/what-is-annulment-faqs/","title":"What is Annulment? FAQs","publisher":"603 Legal Aid","accessed":"2026-10-22"}]},{"id":"conviction-annulment","name":"Annulment of convictions","type":"sealing","effect":"Once annulled, the person is treated in all respects as if they had never been arrested, convicted or sentenced. Court records are sealed and open only to the person, their lawyer, a court sentencing them for a later crime, and law enforcement for legitimate purposes; the State Police remove the record from the state criminal history and notify state and federal agencies (RSA 651:5, X). On applications for jobs, licenses or other civil rights or privileges, and as a witness, a person may be asked about a criminal record only in terms such as \"Have you ever been arrested for or convicted of a crime that has not been annulled by a court?\" (X(f)). A later sentencing court may consider an annulled conviction, it can still count toward habitual offender status under RSA 259:39, and law enforcement may keep the records and share them with other officers for investigations or with the police standards and training council (X(a), XI).","covers":"Most violation, misdemeanor and felony convictions after a waiting period, except violent crimes, felony obstruction of justice and extended-term sentences.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["The person completed every term and condition of the sentence (fines and restitution paid, probation, good behavior period and suspended sentence over) and has not been convicted of another crime since, other than a motor vehicle violation that isn't DWI (RSA 651:5, III).","The waiting period for the offense has passed, counted from the day after the sentence is complete; with more than one conviction, every conviction must be eligible and every waiting period met (III, VI(b)).","The court must find that annulment will assist the person's rehabilitation and is consistent with the public welfare (I). For violations (other than offenses listed in RSA 259:39 or violations with a higher penalty for a repeat conviction) and class B misdemeanors (other than domestic violence) convicted on or after January 1, 2019 that were the highest offense, the court notifies the prosecutor, who has 20 days to object that the offense isn't eligible or the sentence isn't complete; if there's no timely objection or it's denied, the court must annul (III(a)(2), (b)(2)).","People sentenced through a drug court, mental health court or veterans track may petition 1 year after completing all programs and the rest of the sentence, according to the Judicial Branch checklist.","Convictions from another state for conduct that isn't an offense under New Hampshire law don't count against eligibility (VI-a).","If the offense carries a higher penalty for a repeat conviction within a set period, the Judicial Branch says the waiting period doesn't start until that period has passed (see also RSA 651:5, III(a)(2))."],"not_eligible":["Violent crimes: capital, first- or second-degree murder, manslaughter, class A felony negligent homicide, first-degree assault, aggravated felonious or felonious sexual assault, kidnapping or criminal restraint, class A felony arson, robbery, incest under RSA 639:2, III, endangering the welfare of a child by solicitation under RSA 639:3, III, and felonies involving child sexual abuse images (RSA 651:5, V, XIII).","Felony obstruction of justice: witness or informant tampering, falsifying evidence, and felony obstructing government operations (V, XIV).","Any offense sentenced to an extended term of imprisonment under RSA 651:6 (V).","Anyone with one of these barred convictions can't annul any other conviction; non-convictions can still be annulled (VI(a)).","A petition while a new charge is pending that could bar annulment or extend the wait; the court holds it until the charge is resolved (VII).","Offenses listed in the habitual offender law (RSA 259:39), such as speeding, reckless driving, driving after suspension or revocation, and driving without a valid license, can't be annulled until at least 7 years after the conviction date (RSA 262:19, IV), and violations on that list don't get the 1-year violation wait (RSA 651:5, III(a)).","Felony convictions under the Controlled Drug Act (RSA 318-B), including felony drug possession, can't be annulled until 7 years after the conviction date (RSA 318-B:28-a)."],"waiting_periods":[{"record":"Violation","wait":"1 year after completing the sentence","detail":"Not for offenses listed in the habitual offender law (RSA 259:39), such as speeding, which wait at least 7 years from the conviction date (RSA 262:19, IV)."},{"record":"Class B misdemeanor","wait":"2 years after completing the sentence","detail":"Except misdemeanor domestic violence (10 years)."},{"record":"Class A misdemeanor","wait":"3 years after completing the sentence","detail":"Except sexual assault under RSA 632-A:4 (10 years), misdemeanor domestic violence (10 years) and drug possession under RSA 318-B:26, II (2 years)."},{"record":"Class B felony","wait":"5 years after completing the sentence","detail":"Except felony indecent exposure or lewdness (10 years) and drug possession under RSA 318-B:26, II (2 years). Any felony under RSA 318-B also waits 7 years from the conviction date (RSA 318-B:28-a)."},{"record":"Class A felony","wait":"10 years after completing the sentence","detail":"Except drug possession under RSA 318-B:26, II (2 years). Any felony under RSA 318-B also waits 7 years from the conviction date (RSA 318-B:28-a)."},{"record":"Drug possession under RSA 318-B:26, II (class A misdemeanor or felony)","wait":"2 years after completing the sentence; for a felony, also at least 7 years after the conviction date","detail":"RSA 651:5, III(i); RSA 318-B:28-a bars annulment of any felony under RSA 318-B until 7 years after the conviction date. The Judicial Branch checklist lists only the 2-year wait; 603 Legal Aid lists the 7-year rule."},{"record":"Offense listed in the habitual offender law (RSA 259:39), such as speeding, reckless driving, driving after suspension or revocation, or driving without a valid license","wait":"At least 7 years after the conviction date","detail":"RSA 262:19, IV. The sentence must also be complete and the waiting period for the offense's class met, according to 603 Legal Aid."},{"record":"Sexual assault (RSA 632-A:4) or felony indecent exposure or lewdness (RSA 645:1, II)","wait":"10 years after completing the sentence","detail":null},{"record":"Misdemeanor domestic violence (RSA 631:2-b)","wait":"10 years after completing the sentence","detail":"A later domestic violence conviction delays annulment of the earlier one until the later one is eligible (III(h))."},{"record":"DWI or aggravated DWI","wait":"10 years after the date of conviction","detail":"RSA 265-A:21, I; the general rules (sentence complete, no new crimes) also apply."},{"record":"Any conviction after a denied petition","wait":"3 years after the denial before petitioning again","detail":"RSA 651:5, IV."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your full and confidential State Police criminal record (marked for annulment), your DMV driving record and case summaries from each court, so you list every conviction and sentence correctly.","Use form NHJB-3057-DSe for convictions on or after January 1, 2019, or NHJB-2317-DSe for older convictions. File a separate petition for each charge, in the court where the case was decided.","Pay the $125 court fee or ask for a waiver. For class A misdemeanors, felonies and pre-2019 convictions, the court sends the petition to the Department of Corrections, which contacts you with a questionnaire and a $100 investigation fee; the court won't act until that report is filed.","The prosecutor gets a copy and may respond. The court may rule without a hearing, but must hold one if you ask for it (check the box on the form).","If the petition is granted, the court issues a certificate of annulment. The State Police then mail a letter asking for their $100 fee and remove the conviction from the state record once it's paid; the FBI record takes 2-4 weeks."],"where":"The court that sentenced you: Circuit Court, District Division (violations and misdemeanors) or Superior Court (felonies). Superior Court petitions can be e-filed.","forms":[{"name":"Petition of Eligibility for Annulment of Record, Conviction (NHJB-3057-DSe), for convictions on or after January 1, 2019","url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-3057-dse.pdf"},{"name":"Petition to Annul Record (NHJB-2317-DSe), for cases resolved before January 1, 2019","url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2317-dse.pdf"},{"name":"Annulment of Criminal Records checklist","url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/annulmentchecklist.pdf"}],"cost":{"filing_fee_usd":125,"detail":"Court fee: $125 per court location; the Judicial Branch says it covers several petitions filed at the same time in the same court (N.H. R. Crim. P. 52(b)(1)). Department of Corrections investigation: $100, when the petition is referred to it (RSA 651:5, IX). After a conviction annulment is granted, RSA 651:5 provides for two fees: a $100 Department of Safety fee for researching and correcting the criminal history record (IX) and a State Police fee of up to $100 to remove the record and notify other agencies (X(d)). The Judicial Branch checklist and the State Police describe a single $100 fee, which the State Police say is charged per court. A new criminal record check costs $25. The State Police page also lists a $100 court fee in its overview, but its fee answer and Rule 52 say $125.","fee_waiver":"yes","fee_waiver_detail":"The court may waive its fee for a person shown to be indigent through a signed affidavit of assets and liabilities (Rule 31(b)); the request goes on a form supplied by the court (RSA 651:5, IX). The Department of Corrections and State Police fees are also waived for people who show they are indigent; for the State Police, include an affidavit of your and your spouse's monthly net income and assets (RSA 651:5, IX, X(d)). Ask each agency where the fee is owed."},"hearing":"sometimes","timeline":"Several months for petitions sent to the Department of Corrections, according to the Judicial Branch. For post-2018 violations and class B misdemeanors, the prosecutor has 20 days after notice to object.","statute":{"cite":"RSA 651:5, III-X","url":"https://gc.nh.gov/rsa/html/LXII/651/651-5.htm"},"sources":[{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5.htm","title":"RSA 651:5. Annulment of Criminal Records","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXI/265-A/265-A-21.htm","title":"RSA 265-A:21. Annulment; Plea Bargaining","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXX/318-B/318-B-26.htm","title":"RSA 318-B:26. Penalties (controlled drug possession)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXX/318-B/318-B-28-a.htm","title":"RSA 318-B:28-a. Annulments of Criminal Records (no annulment of an RSA 318-B felony until 7 years after conviction)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXI/262/262-19.htm","title":"RSA 262:19. Habitual offenders (paragraph IV: no annulment of an RSA 259:39 offense until 7 years after conviction)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXI/259/259-39.htm","title":"RSA 259:39. Habitual Offender (list of offenses)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/new-hampshire-rules-criminal-procedure/rule-31-annulments","title":"N.H. R. Crim. P. 31. Annulments","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/new-hampshire-rules-criminal-procedure/rule-52-fees","title":"N.H. R. Crim. P. 52. Fees","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/annulmentchecklist.pdf","title":"Annulment of Criminal Records checklist (Court Service Center, 08/24/2020)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-3057-dse.pdf","title":"NHJB-3057-DSe Petition of Eligibility for Annulment of Record Conviction","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/our-courts/circuit-court/district-division/annulment","title":"Annulment - District Division (forms and checklists)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/our-courts/superior-court/forms/criminal-forms","title":"Criminal Forms - Superior Court","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-07/how-to-file-petitions-to-annul.pdf","title":"How to submit Petitions to Annul in Superior Criminal cases (e-filing guide, updated 3/26/20)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.nhsp.dos.nh.gov/our-services/criminal-records/criminal-record-annulments","title":"Criminal Record Annulments","publisher":"New Hampshire State Police (Department of Safety)","accessed":"2026-10-22"},{"url":"https://www.603legalaid.org/self-help-articles/criminal-record-annulment/what-is-annulment-faqs/","title":"What is Annulment? FAQs","publisher":"603 Legal Aid","accessed":"2026-10-22"},{"url":"https://www.603legalaid.org/self-help-articles/criminal-record-annulment/how-to-remove-your-criminal-record/","title":"How to Remove Your Criminal Record (waiting periods, 7-year rules and fees)","publisher":"603 Legal Aid","accessed":"2026-10-22"}]},{"id":"marijuana-pre-2017-annulment","name":"Annulment of marijuana possession records from before September 16, 2017","type":"sealing","effect":"If granted, the same effects as any annulment apply (RSA 651:5-b, applying RSA 651:5, X-XI): the person is treated as never having been arrested or convicted, court records are sealed, and the State Police remove the record.","covers":"Arrests and convictions for possessing 3/4 ounce of marijuana or less, for offenses that happened before September 16, 2017 (when possession of that amount became a violation).","outcomes":["no_conviction","misdemeanor"],"narrow":"Marijuana possession, 3/4 ounce or less, before 9/16/2017","eligible":["An arrest or conviction for obtaining, buying, transporting or possessing 3/4 ounce of marijuana or less, where the offense happened before September 16, 2017 (RSA 651:5-b).","There is no waiting period; the petition can be filed at any time."],"not_eligible":["Cases where the prosecutor proves beyond a reasonable doubt that the amount was more than 3/4 ounce (RSA 651:5-b)."],"waiting_periods":[{"record":"Marijuana possession (3/4 ounce or less) before September 16, 2017","wait":"None","detail":null}],"automatic":"no","automatic_detail":"HB 196 (2025), which would have set up a state-initiated annulment process for cannabis possession, passed the House but was found inexpedient to legislate by the Senate on May 22, 2025.","how_to_file":["File form NHJB-3124-DS in the court where you were convicted or arrested, stating that the amount was 3/4 ounce or less. File a separate petition for each charge.","RSA 651:5-b says the petitioner gives a copy of the petition to the prosecutor's office (the Judicial Branch checklist and form say the court also sends one). The prosecutor has 10 days to object and ask for a hearing.","If there's no objection, the court must grant the petition. At a hearing, the court grants it unless the prosecutor proves the amount was more than 3/4 ounce."],"where":"The court where you were convicted or arrested.","forms":[{"name":"Petition for Annulment of Record of Arrest or Conviction, Marijuana (NHJB-3124-DS)","url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-05/nhjb-3124-ds.pdf"},{"name":"Annulment of Personal Possession of Marijuana checklist","url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/marijuanaannulment.pdf"}],"cost":{"filing_fee_usd":125,"detail":"The Judicial Branch checklist lists a $125 court fee, which can cover other annulment petitions filed in the same court. We did not confirm whether the Department of Corrections or State Police fees apply to these petitions.","fee_waiver":"yes","fee_waiver_detail":"The checklist says you may ask the court or agency where a fee is owed to waive it if you can't afford it."},"hearing":"sometimes","timeline":"The prosecutor has 10 days to object; without an objection the court must grant the petition.","statute":{"cite":"RSA 651:5-b","url":"https://gc.nh.gov/rsa/html/LXII/651/651-5-b.htm"},"sources":[{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5-b.htm","title":"RSA 651:5-b. Annulment of Arrests and Convictions for Marijuana Possession","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-05/nhjb-3124-ds.pdf","title":"NHJB-3124-DS Petition for Annulment of Record of Arrest or Conviction - Marijuana","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/marijuanaannulment.pdf","title":"Annulling Personal Possession (3/4 oz. or less) of Marijuana checklist (08/24/2020)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=169&sy=2025&txtsessionyear=2025&txtbillnumber=HB196","title":"HB196 (2025) bill status: relative to annulling certain cannabis possession offenses","publisher":"New Hampshire General Court","accessed":"2026-10-22"}]},{"id":"age-17-offense-annulment","name":"Annulment for offenses committed at age 17 between May 2014 and July 2015","type":"sealing","effect":"The person is entitled to annulment of the conviction, with the effects of an annulment under RSA 651:5.","covers":"Adult convictions for offenses committed at age 17 between May 14, 2014 and July 1, 2015.","outcomes":["misdemeanor","felony"],"narrow":"Offenses at age 17, May 14, 2014 to July 1, 2015","eligible":["A conviction for an offense that occurred between May 14, 2014 and July 1, 2015 while the person was 17 (RSA 651:5-a).","The sentence has expired."],"not_eligible":["Offenses that could still be prosecuted as adult offenses against people under 18 after July 1, 2015 (RSA 651:5-a).","The court may deny only with a written finding, by clear and convincing evidence, that the case would have qualified for transfer to adult court under RSA 169-B:24 and that the prosecutor would have sought transfer."],"waiting_periods":[{"record":"Offense at age 17 between May 14, 2014 and July 1, 2015","wait":"After the sentence expires","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Apply to the court that handled the case once the sentence has expired. We found no form specific to this route; ask the clerk which annulment petition to use."],"where":"The court that handled the case.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No filing fee for these requests (RSA 651:5-a).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"RSA 651:5-a","url":"https://gc.nh.gov/rsa/html/LXII/651/651-5-a.htm"},"sources":[{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5-a.htm","title":"RSA 651:5-a. Annulment of Criminal Record Based on Conduct Occurring Between May 14, 2014 and July 1, 2015","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/our-courts/circuit-court/district-division/annulment","title":"Annulment - District Division (forms and checklists)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"}]},{"id":"trafficking-survivor-vacatur","name":"Vacating convictions for human trafficking survivors","type":"vacatur","effect":"The order nullifies the conviction, delinquency adjudication or diversion agreement, removes all civil disabilities, and places the person in the position of never having been investigated, arrested, convicted or diverted for the offense. The court orders the records expunged and purged from state and federal systems, including by the State Police (RSA 633:7, X).","covers":"Convictions, juvenile adjudications and diversion agreements for any offense committed as a direct result of being trafficked.","outcomes":["diversion","misdemeanor","felony"],"narrow":"Human trafficking survivors only","eligible":["A conviction, juvenile delinquency adjudication or diversion agreement for any offense committed as a direct result of being trafficked (RSA 633:7, VIII(a)-(b)).","The court grants the motion if it finds by a preponderance of the evidence that the person's participation in the offense was a direct result of being trafficked; official documentation is not required but counts as prima facie evidence (VIII(c)-(e)).","The order is entered whether or not the person has other criminal records (X(b)(1))."],"not_eligible":[],"waiting_periods":[{"record":"Offense committed as a direct result of being trafficked","wait":"None (any time)","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a motion to vacate in the Circuit Court, District Division or the Superior Court, and give a copy to the agency that prosecuted the offense.","The court holds a hearing. You may ask to appear by two-way video instead of in person under the conditions in RSA 633:7, VIII(f), and ask the court to keep identifying information from the public (IX)."],"where":"Circuit Court, District Division or Superior Court.","forms":[],"cost":{"filing_fee_usd":null,"detail":"We found no fee listed for the motion.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":null,"statute":{"cite":"RSA 633:7, VIII-X","url":"https://gc.nh.gov/rsa/html/LXII/633/633-7.htm"},"sources":[{"url":"https://gc.nh.gov/rsa/html/LXII/633/633-7.htm","title":"RSA 633:7. Trafficking in Persons (paragraphs VIII-X: motion to vacate)","publisher":"New Hampshire General Court","accessed":"2026-10-22"}]}],"clean_slate":{"status":"none","effective":null,"detail":"New Hampshire has no automatic Clean Slate process. RSA 651:5, II-a(a) says that for cases disposed of on or after January 1, 2019, records of arrests ending in a not guilty finding on all charges, a dismissal or no prosecution \"shall\" be annulled 30 days after the finding (or after an appeal affirms a dismissal). In practice the Judicial Branch still requires a Petition of Eligibility (NHJB-3056-DSe), and SB 512 (Chapter 105 of 2026, effective January 1, 2027) refers to those petitions when it bars filing fees for them. HB 196 (2025), which would have created a state-initiated annulment process for cannabis possession, died in the Senate on May 22, 2025.","sources":[{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5.htm","title":"RSA 651:5. Annulment of Criminal Records","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-3056-dse.pdf","title":"NHJB-3056-DSe Petition of Eligibility for Annulment of Record Non-Conviction","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/annulmentchecklist.pdf","title":"Annulment of Criminal Records checklist (Court Service Center, 08/24/2020)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/bill_status/legacy/bs2016/billText.aspx?id=1296&sy=2026&txtFormat=html","title":"SB 512-FN (2026), Chapter 105, relative to fees to annul criminal records related to charges that do not result in conviction (approved May 28, 2026; effective January 1, 2027)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=169&sy=2025&txtsessionyear=2025&txtbillnumber=HB196","title":"HB196 (2025) bill status: relative to annulling certain cannabis possession offenses","publisher":"New Hampshire General Court","accessed":"2026-10-22"}]},"marijuana":{"detail":"Arrests and convictions for possessing 3/4 ounce of marijuana or less that happened before September 16, 2017 can be annulled at any time by petition (RSA 651:5-b); the court must grant it unless the prosecutor objects within 10 days and proves at a hearing that the amount was larger. Since September 16, 2017, possessing 3/4 ounce or less (or 5 grams or less of hashish) is a violation (RSA 318-B:2-c, II-III), and records of these violations with personal identifying information may not be made accessible to the public or to federal or other states' agencies (VIII(a)). A conviction for one of these violations can be annulled under the general rules; the Judicial Branch says to wait 3 years from the conviction because repeat convictions within 3 years carry a higher penalty. Larger amounts are misdemeanors or felonies and follow the general annulment rules (drug possession under RSA 318-B:26, II has a 2-year wait after the sentence, and a felony under RSA 318-B also can't be annulled until 7 years after the conviction date, RSA 318-B:28-a). New Hampshire has not legalized adult-use cannabis, and HB 196 (2025), which would have annulled cannabis possession records without a petition, did not pass.","sources":[{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5-b.htm","title":"RSA 651:5-b. Annulment of Arrests and Convictions for Marijuana Possession","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXX/318-B/318-B-2-c.htm","title":"RSA 318-B:2-c. Personal Possession of Marijuana","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXX/318-B/318-B-26.htm","title":"RSA 318-B:26. Penalties (controlled drug possession)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXX/318-B/318-B-28-a.htm","title":"RSA 318-B:28-a. Annulments of Criminal Records (no annulment of an RSA 318-B felony until 7 years after conviction)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5.htm","title":"RSA 651:5. Annulment of Criminal Records","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/marijuanaannulment.pdf","title":"Annulling Personal Possession (3/4 oz. or less) of Marijuana checklist (08/24/2020)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=169&sy=2025&txtsessionyear=2025&txtbillnumber=HB196","title":"HB196 (2025) bill status: relative to annulling certain cannabis possession offenses","publisher":"New Hampshire General Court","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Arrests and charges that ended in a not guilty finding, a dismissal or no prosecution, and convictions later vacated, can be annulled (RSA 651:5, II, II-a). For cases disposed of on or after January 1, 2019, the statute says the record \"shall\" be annulled 30 days after a dismissal or not guilty finding on all charges from the arrest, but the Judicial Branch still requires a Petition of Eligibility (NHJB-3056-DSe); arrest-only and nol prossed cases can be filed at any time. Older cases use NHJB-2317-DSe. The court fee is $125 today and can be waived for dismissed, not prosecuted or not guilty cases (Rule 31(b)); SB 512 (Chapter 105 of 2026) bars any filing fee, starting January 1, 2027, for petitions under RSA 651:5, II-a(a) (not guilty, dismissed or not prosecuted cases disposed of on or after January 1, 2019); it does not cover older cases or vacated convictions. The Department of Corrections and State Police fees don't apply to non-convictions, and the State Police say they remove these charges within 1-2 business days after receiving the court order.","sources":[{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5.htm","title":"RSA 651:5. Annulment of Criminal Records","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/bill_status/legacy/bs2016/billText.aspx?id=1296&sy=2026&txtFormat=html","title":"SB 512-FN (2026), Chapter 105, relative to fees to annul criminal records related to charges that do not result in conviction (approved May 28, 2026; effective January 1, 2027)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/new-hampshire-rules-criminal-procedure/rule-31-annulments","title":"N.H. R. Crim. P. 31. Annulments","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-3056-dse.pdf","title":"NHJB-3056-DSe Petition of Eligibility for Annulment of Record Non-Conviction","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/annulmentchecklist.pdf","title":"Annulment of Criminal Records checklist (Court Service Center, 08/24/2020)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.nhsp.dos.nh.gov/our-services/criminal-records/criminal-record-annulments","title":"Criminal Record Annulments","publisher":"New Hampshire State Police (Department of Safety)","accessed":"2026-10-22"}]},"dui":{"eligible":"yes","detail":"DWI and aggravated DWI convictions (including impaired operation of an OHRV or boat) can be annulled, but not until 10 years after the date of conviction (RSA 265-A:21, I). The general rules also apply: the sentence must be complete, and there can be no other conviction since then except a motor vehicle violation that isn't DWI (RSA 651:5, III). An annulled DWI record is kept in a permanent file that can be opened only for sentencing in a later aggravated DWI case under RSA 265-A:3 (RSA 265-A:21, I). A DWI conviction after finishing the sentence for another offense also blocks annulment of that offense, because only non-DWI motor vehicle violations are excused (RSA 651:5, III). Causing a death while driving or boating under the influence is class A felony negligent homicide (RSA 630:3, II), which is on the violent crime list and can never be annulled (RSA 651:5, XIII(a)). We did not confirm how annulment affects the DMV driving record.","sources":[{"url":"https://gc.nh.gov/rsa/html/XXI/265-A/265-A-21.htm","title":"RSA 265-A:21. Annulment; Plea Bargaining","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXI/265-A/265-A-3.htm","title":"RSA 265-A:3. Aggravated Driving While Intoxicated","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/LXII/630/630-3.htm","title":"RSA 630:3. Negligent Homicide","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5.htm","title":"RSA 651:5. Annulment of Criminal Records","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/annulmentchecklist.pdf","title":"Annulment of Criminal Records checklist (Court Service Center, 08/24/2020)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"}]},"employers":{"detail":"On any application for employment, a license or another civil right or privilege, a person may be asked about a criminal record only in terms such as \"Have you ever been arrested for or convicted of a crime that has not been annulled by a court?\", so a person with an annulled record can answer no (RSA 651:5, X(f)). The person is treated in all respects as never having been arrested, convicted or sentenced (X(a)); exceptions include later sentencing, habitual offender status, law enforcement use, and the police standards and training council when it reviews someone's fitness to be a police officer (X(a), XI(b)). Journalists can't be penalized for reporting an annulled record, and no one can be penalized for not removing an earlier report of a record that was later annulled (XVI-XVII). We found no New Hampshire statute limiting when private employers may ask about or use criminal records (no statewide private-employer ban-the-box law).","sources":[{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5.htm","title":"RSA 651:5. Annulment of Criminal Records","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://www.603legalaid.org/self-help-articles/criminal-record-annulment/what-is-annulment-faqs/","title":"What is Annulment? FAQs","publisher":"603 Legal Aid","accessed":"2026-10-22"}]},"free_help":[{"name":"603 Legal Aid: Criminal Record Annulment","url":"https://www.603legalaid.org/self-help-articles/criminal-record-annulment/","type":"legal_aid","detail":"Statewide legal aid with plain-language annulment guides; apply online or call (603) 224-3333 to see if you qualify for free legal help."},{"name":"NH Judicial Branch: Annulment forms and checklists","url":"https://www.courts.nh.gov/our-courts/circuit-court/district-division/annulment","type":"court_self_help","detail":"Official petitions and step-by-step checklists; the Judicial Branch Information Center is at 1-855-212-1234."},{"name":"NH State Police: Criminal Record Annulments","url":"https://www.nhsp.dos.nh.gov/our-services/criminal-records/criminal-record-annulments","type":"state_agency","detail":"How to get your full record before filing and how the State Police remove annulled records; questions at 603-223-3867, option 3."}],"sources":[{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5.htm","title":"RSA 651:5. Annulment of Criminal Records","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5-a.htm","title":"RSA 651:5-a. Annulment of Criminal Record Based on Conduct Occurring Between May 14, 2014 and July 1, 2015","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/LXII/651/651-5-b.htm","title":"RSA 651:5-b. Annulment of Arrests and Convictions for Marijuana Possession","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXI/265-A/265-A-21.htm","title":"RSA 265-A:21. Annulment; Plea Bargaining","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/LXII/633/633-7.htm","title":"RSA 633:7. Trafficking in Persons (paragraphs VIII-X: motion to vacate)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/LXII/630/630-3.htm","title":"RSA 630:3. Negligent Homicide","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXI/265-A/265-A-3.htm","title":"RSA 265-A:3. Aggravated Driving While Intoxicated","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXX/318-B/318-B-2-c.htm","title":"RSA 318-B:2-c. Personal Possession of Marijuana","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXX/318-B/318-B-26.htm","title":"RSA 318-B:26. Penalties (controlled drug possession)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXX/318-B/318-B-28-a.htm","title":"RSA 318-B:28-a. Annulments of Criminal Records (no annulment of an RSA 318-B felony until 7 years after conviction)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXI/262/262-19.htm","title":"RSA 262:19. Habitual offenders (paragraph IV: no annulment of an RSA 259:39 offense until 7 years after conviction)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/rsa/html/XXI/259/259-39.htm","title":"RSA 259:39. Habitual Offender (list of offenses)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/bill_status/legacy/bs2016/billText.aspx?id=1296&sy=2026&txtFormat=html","title":"SB 512-FN (2026), Chapter 105, relative to fees to annul criminal records related to charges that do not result in conviction (approved May 28, 2026; effective January 1, 2027)","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=2108&sy=2026&sortoption=&txtsessionyear=2026&txtbillnumber=SB512","title":"SB512 (2026) bill status","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=169&sy=2025&txtsessionyear=2025&txtbillnumber=HB196","title":"HB196 (2025) bill status: relative to annulling certain cannabis possession offenses","publisher":"New Hampshire General Court","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/our-courts/circuit-court/district-division/annulment","title":"Annulment - District Division (forms and checklists)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/annulmentchecklist.pdf","title":"Annulment of Criminal Records checklist (Court Service Center, 08/24/2020)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/marijuanaannulment.pdf","title":"Annulling Personal Possession (3/4 oz. or less) of Marijuana checklist (08/24/2020)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-3056-dse.pdf","title":"NHJB-3056-DSe Petition of Eligibility for Annulment of Record Non-Conviction","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-3057-dse.pdf","title":"NHJB-3057-DSe Petition of Eligibility for Annulment of Record Conviction","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-05/nhjb-3124-ds.pdf","title":"NHJB-3124-DS Petition for Annulment of Record of Arrest or Conviction - Marijuana","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/new-hampshire-rules-criminal-procedure/rule-31-annulments","title":"N.H. R. Crim. P. 31. Annulments","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/new-hampshire-rules-criminal-procedure/rule-52-fees","title":"N.H. R. Crim. P. 52. Fees","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-07/how-to-file-petitions-to-annul.pdf","title":"How to submit Petitions to Annul in Superior Criminal cases (e-filing guide, updated 3/26/20)","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.courts.nh.gov/our-courts/superior-court/forms/criminal-forms","title":"Criminal Forms - Superior Court","publisher":"New Hampshire Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.nhsp.dos.nh.gov/our-services/criminal-records/criminal-record-annulments","title":"Criminal Record Annulments","publisher":"New Hampshire State Police (Department of Safety)","accessed":"2026-10-22"},{"url":"https://www.nhsp.dos.nh.gov/our-services/criminal-records/criminal-history-record-requests","title":"Criminal History Record Requests ($25 per request; notarized form required by mail for your own full confidential record)","publisher":"New Hampshire State Police (Department of Safety)","accessed":"2026-10-22"},{"url":"https://www.603legalaid.org/self-help-articles/criminal-record-annulment/what-is-annulment-faqs/","title":"What is Annulment? FAQs","publisher":"603 Legal Aid","accessed":"2026-10-22"},{"url":"https://www.603legalaid.org/self-help-articles/criminal-record-annulment/how-to-remove-your-criminal-record/","title":"How to Remove Your Criminal Record (waiting periods, 7-year rules and fees)","publisher":"603 Legal Aid","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"new-jersey","code":"NJ","name":"New Jersey","terms":["expungement","Clean Slate expungement"],"summary":"New Jersey expungement removes and isolates records of arrests, charges and convictions, and the law treats them as if they never happened, with limited exceptions such as applying for a job with the judiciary, law enforcement or corrections. People with one crime (plus up to three disorderly persons offenses), or with only disorderly persons offenses (up to five), can usually apply 5 years after their last conviction or sentence, and sometimes sooner. People with longer records may be able to use 'Clean Slate' expungement after 10 years, though some serious crimes can never be expunged. There is no filing fee, and most people file online. DWI cannot be expunged because it is a motor vehicle offense.","remedies":[{"id":"expungement","name":"Expungement","type":"expungement","effect":"Expungement means the extraction and isolation of records held by courts, correctional facilities and law enforcement. Once granted, the arrest, conviction and related proceedings are deemed not to have occurred, and you may answer questions about them accordingly. There are exceptions: you must reveal expunged records when applying for a job with the judiciary or a law enforcement or corrections agency, and you must disclose a prior expungement to a court deciding on diversion for a later charge (N.J.S.A. 2C:52-27). After the State Police finish processing, fingerprint-based checks should no longer show the record. Private background-check companies are not updated automatically, so you may need to send them the order (NJ Office of the Public Defender).","covers":"Convictions for crimes (indictable offenses), disorderly and petty disorderly persons offenses, and municipal ordinance violations, plus arrests and charges that did not lead to a conviction.","outcomes":["no_conviction","misdemeanor","felony"],"narrow":null,"eligible":["Crimes (indictable offenses): one crime; or one crime plus no more than three disorderly or petty disorderly persons offenses; or several crimes (or crimes plus lesser offenses) listed in a single judgment; or several closely related crimes committed within a short period. In each case you cannot have a later conviction for another crime (or, on the one-crime-plus-three path, a later lesser offense that takes you past three). The statute says a prior conviction for another crime does not by itself bar you from applying, but a prior expungement generally does (N.J.S.A. 2C:52-2(a), 2C:52-14(e)). The Judiciary's self-help page sums this up as no more than one indictable conviction plus up to three disorderly persons offenses; the single-judgment and closely-related routes can cover more than one crime.","Disorderly or petty disorderly persons offenses only, with no crime conviction anywhere: no more than five such convictions, or multiple ones entered the same day, or related offenses from a short period (N.J.S.A. 2C:52-3).","Municipal ordinance violations, if you have no crime conviction and no more than two disorderly or petty disorderly persons offenses (N.J.S.A. 2C:52-4).","Unpaid fines or other court-ordered assessments do not block expungement if the nonpayment was not willful. The court enters a civil judgment for the balance, and the State Treasurer collects it (N.J.S.A. 2C:52-2, 2C:52-3)."],"not_eligible":["Criminal homicide (except death by auto and strict-liability vehicular homicide), kidnapping, luring or enticing, human trafficking, sexual assault and aggravated sexual assault, aggravated criminal sexual contact, and certain criminal sexual contact, restraint or false imprisonment involving a minor (N.J.S.A. 2C:52-2(b)).","Robbery, arson, perjury and false swearing, terrorism and offenses involving chemical, biological or nuclear weapons, specified child endangerment, child pornography and child prostitution offenses, and conspiracies or attempts to commit any of these (N.J.S.A. 2C:52-2(b)).","Selling or distributing a controlled dangerous substance, or possessing it with intent to sell, unless it involved less than one ounce of marijuana or less than five grams of hashish, or was a third- or fourth-degree offense and the court finds compelling circumstances (N.J.S.A. 2C:52-2(c)).","Crimes by a public officer or employee that involved or touched their office, position or employment (N.J.S.A. 2C:52-2(b)).","Motor vehicle offenses in Title 39, including DWI (N.J.S.A. 2C:52-28).","A prior expungement can bar a new regular expungement (N.J.S.A. 2C:52-14(e)), but not a Clean Slate expungement."],"waiting_periods":[{"record":"Crime (indictable offense)","wait":"5 years from the latest of the conviction, payment of fines and assessments, completion of probation or parole, or release from prison","detail":"Early pathway: at least 4 years if you have no conviction since and the court finds compelling circumstances. The prosecutor may object (N.J.S.A. 2C:52-2(a))."},{"record":"Disorderly or petty disorderly persons offenses","wait":"5 years from the latest of the conviction, payment of fines, completion of probation or parole, or release","detail":"Early pathway: at least 3 years with no later conviction and a finding of compelling circumstances (N.J.S.A. 2C:52-3)."},{"record":"Municipal ordinance violation","wait":"2 years from the latest of the conviction, payment of the fine, or completion of probation or release","detail":"N.J.S.A. 2C:52-4"},{"record":"Fines paid less than 5 years ago, but otherwise eligible","wait":"May be granted early","detail":"Allowed if you substantially complied with a payment plan or could not pay because of compelling circumstances (N.J.S.A. 2C:52-2, 2C:52-3)."}],"automatic":"some","automatic_detail":"When charges are dismissed or you are acquitted, the Superior Court must order expungement of the arrest at that time (N.J.S.A. 2C:52-6(a)). Many older marijuana and hashish cases were expunged by operation of law (N.J.S.A. 2C:52-6.1). Convictions are not expunged automatically; see Clean Slate.","how_to_file":["Gather your case numbers and details. You can watch the Judiciary's training videos and use the Legal Services of New Jersey guide.","Create an account in the New Jersey Courts' eCourts Expungement System ('First Time User'), log in, choose 'Initiate Expungement' and enter a case number.","Choose 'Regular' expungement, update your address, and review the cases the system finds. Add any out-of-state charges; they are not expunged but must be disclosed.","Complete the verifications, including a compelling-circumstances statement if you are using the early pathway, then review the petition and proposed order and submit.","The court and prosecutor review the petition, and the prosecutor may object. Attend a hearing if one is scheduled.","After the order is granted, the New Jersey State Police process it. Track the status on the NJSP Expungement Status Portal, and send the order to private background-check companies (NJ Office of the Public Defender)."],"where":"The Superior Court in the county where you live or where a conviction was entered, filed online through the eCourts Expungement System (N.J.S.A. 2C:52-3, 2C:52-4; NJ Office of the Public Defender).","forms":[{"name":"Record Expungement Kit (paper filing forms, June 2020); most people now file online through eCourts","url":"https://www.nj.gov/corrections/pdf/OPSS/FRARA/Expungement of Criminal Record/Record Expungement Kit 2020.pdf"}],"cost":{"filing_fee_usd":0,"detail":"Applicants 'shall not be charged a fee for applying for an expungement' (N.J.S.A. 2C:52-29). P.L.2019, c.269 removed the old filing fee, and the Judiciary's kit was updated in June 2020 to remove it. Paper filers may pay for postage and certified mail.","fee_waiver":"not_stated","fee_waiver_detail":"There is no application fee, so no waiver is needed for the filing itself."},"hearing":"sometimes","timeline":null,"statute":{"cite":"N.J.S.A. 2C:52-1 to 2C:52-32 (main eligibility rules in 2C:52-2, 2C:52-3, 2C:52-4)","url":"https://www.njcourts.gov/sites/default/files/courts/municipal/legislation/fornjcourtspl2019c269expungement.pdf"},"sources":[{"url":"https://www.njcourts.gov/sites/default/files/courts/municipal/legislation/fornjcourtspl2019c269expungement.pdf","title":"P.L.2019, c.269 (S4154), expungement reform law text","publisher":"New Jersey Courts","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-2/","title":"N.J.S.A. 2C:52-2 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-3/","title":"N.J.S.A. 2C:52-3 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-4/","title":"N.J.S.A. 2C:52-4 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-27/","title":"N.J.S.A. 2C:52-27 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-29/","title":"N.J.S.A. 2C:52-29 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-14/","title":"N.J.S.A. 2C:52-14 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://www.njcourts.gov/self-help/expunge-record","title":"Expunge (Clear) Your Record","publisher":"New Jersey Courts","accessed":"2026-10-21"},{"url":"https://www.nj.gov/defender/community-events/Expungement_Pamphlet_12-2025.pdf","title":"New Jersey Expungement Process: FAQ & How-To (Expungement Pamphlet 12-2025)","publisher":"New Jersey Office of the Public Defender, Expungement Unit","accessed":"2026-10-21"},{"url":"https://www.nj.gov/corrections/pdf/OPSS/FRARA/Expungement of Criminal Record/Record Expungement Kit 2020.pdf","title":"Record Expungement Kit (June 2020)","publisher":"New Jersey Administrative Office of the Courts (hosted by NJ Department of Corrections)","accessed":"2026-10-21"}]},{"id":"clean-slate-expungement","name":"Clean Slate expungement (by petition)","type":"expungement","effect":"Expunges all of your eligible convictions and related records, with the same effect as a regular expungement (N.J.S.A. 2C:52-5.3, 2C:52-27).","covers":"People with any number of crimes, disorderly persons offenses and ordinance violations who do not qualify for a regular expungement.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["You have one or more convictions of any kind and are not otherwise eligible under the regular rules (N.J.S.A. 2C:52-5.3(a)).","Ten years have passed since the latest of your most recent conviction, payment of court-ordered fines and assessments, completion of probation or parole, or release from prison (N.J.S.A. 2C:52-5.3(b)).","A prior expungement does not bar you (N.J.S.A. 2C:52-5.3(a)).","Unpaid assessments do not block relief if the nonpayment was not willful; the court enters a civil judgment for the balance. If you paid off assessments less than 10 years ago, the court may still grant relief if you substantially complied with a payment plan or could not pay because of compelling circumstances (N.J.S.A. 2C:52-5.3(c))."],"not_eligible":["Anyone with a conviction for a crime that can never be expunged under N.J.S.A. 2C:52-2(b) or (c): see the regular expungement exclusions.","Motor vehicle offenses in Title 39, including DWI (N.J.S.A. 2C:52-28)."],"waiting_periods":[{"record":"Any number of eligible convictions","wait":"10 years from the latest of the most recent conviction, payment of assessments, completion of probation or parole, or release","detail":"N.J.S.A. 2C:52-5.3(b)"}],"automatic":"no","automatic_detail":"The law calls for an automated Clean Slate process (N.J.S.A. 2C:52-5.4). Once it is established, no new petitions may be filed under this section. As of the Public Defender's December 2025 pamphlet, Clean Slate was still filed as a petition through eCourts.","how_to_file":["In the eCourts Expungement System, start an expungement and choose 'Clean Slate' instead of 'Regular'.","Include all of your cases, complete the verifications, review the petition and proposed order, and submit (NJ Office of the Public Defender).","The prosecutor may object; attend any hearing that is scheduled."],"where":"The Superior Court in the county where you live or where one of the convictions was entered, filed through eCourts (N.J.S.A. 2C:52-5.3(b)).","forms":[],"cost":{"filing_fee_usd":0,"detail":"No application fee (N.J.S.A. 2C:52-29).","fee_waiver":"not_stated","fee_waiver_detail":"No fee is charged, so no waiver is needed for the filing."},"hearing":"sometimes","timeline":null,"statute":{"cite":"N.J.S.A. 2C:52-5.3","url":"https://www.njcourts.gov/sites/default/files/courts/municipal/legislation/fornjcourtspl2019c269expungement.pdf"},"sources":[{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-5-3","title":"N.J.S.A. 2C:52-5.3 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://www.njcourts.gov/sites/default/files/courts/municipal/legislation/fornjcourtspl2019c269expungement.pdf","title":"P.L.2019, c.269 (S4154), expungement reform law text","publisher":"New Jersey Courts","accessed":"2026-10-21"},{"url":"https://www.nj.gov/defender/community-events/Expungement_Pamphlet_12-2025.pdf","title":"New Jersey Expungement Process: FAQ & How-To (Expungement Pamphlet 12-2025)","publisher":"New Jersey Office of the Public Defender, Expungement Unit","accessed":"2026-10-21"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"P.L.2019, c.269 directs the state to build an automated 'clean slate' process that would make most convictions inaccessible to the public 10 years after the latest conviction or completion of sentence, with the same exclusions as regular expungement. It would restore the records if the person is later convicted of a non-expungeable crime (N.J.S.A. 2C:52-5.4). The law sets deadlines only for a task force, not for launching the system, and we could not confirm that it is running. The Public Defender's December 2025 pamphlet still describes Clean Slate as a petition filed through eCourts. Some relief is automatic now: dismissals and acquittals are expunged by the court when the case ends (N.J.S.A. 2C:52-6(a)), and many marijuana and hashish cases were expunged by operation of law in 2021 (N.J.S.A. 2C:52-6.1).","sources":[{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-5-4/","title":"N.J.S.A. 2C:52-5.4 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://www.njcourts.gov/sites/default/files/courts/municipal/legislation/fornjcourtspl2019c269expungement.pdf","title":"P.L.2019, c.269 (S4154), expungement reform law text","publisher":"New Jersey Courts","accessed":"2026-10-21"},{"url":"https://www.nj.gov/defender/community-events/Expungement_Pamphlet_12-2025.pdf","title":"New Jersey Expungement Process: FAQ & How-To (Expungement Pamphlet 12-2025)","publisher":"New Jersey Office of the Public Defender, Expungement Unit","accessed":"2026-10-21"}]},"marijuana":{"detail":"Cases decided before P.L.2021, c.19 took effect, where the conviction or adjudication was based only on listed marijuana or hashish offenses, were expunged by operation of law, with no petition. These offenses are distribution under 2C:35-5(b)(12), possession and use under 2C:35-10, related paraphernalia offenses, and disorderly persons offenses that got a conditional discharge. Any remaining sentence, supervision or unpaid assessments were vacated (N.J.S.A. 2C:52-6.1). Other listed marijuana and hashish offenses can be expunged by petition once you have finished any probation, parole or incarceration and paid court-ordered assessments (unpaid assessments do not block it if nonpayment was not willful), and the court 'shall immediately grant' it; distribution offenses under 2C:35-5(b)(11) need a 3-year wait (N.J.S.A. 2C:52-5.1). Courts must also order nondisclosure (sealing) of records for certain other marijuana and hashish convictions (N.J.S.A. 2C:52-5.2). Marijuana distribution under one ounce, or hashish under five grams, is not barred from regular expungement (N.J.S.A. 2C:52-2(c)).","sources":[{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-6-1/","title":"N.J.S.A. 2C:52-6.1 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-5-2/","title":"N.J.S.A. 2C:52-5.2 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://www.njcourts.gov/sites/default/files/courts/municipal/legislation/fornjcourtspl2019c269expungement.pdf","title":"P.L.2019, c.269 (S4154), expungement reform law text (2C:52-5.1)","publisher":"New Jersey Courts","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-5-1/","title":"N.J.S.A. 2C:52-5.1 (2025 text, republished; amended by P.L.2023, c.260)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"}]},"non_conviction":{"detail":"When charges are dismissed, you are acquitted, or you are discharged without a conviction, the Superior Court must order expungement of the arrest records at that time. This does not apply if the dismissal was part of a plea deal in which you were convicted of other charges, unless that conviction is also expunged. If no expungement was ordered then, you can petition at any time. After pretrial intervention, conditional discharge or conditional dismissal, you must wait six months after the dismissal. Veterans Diversion and Mental Health Diversion participants can apply any time after dismissal. Relief is not available if the dismissal or acquittal was based on insanity or lack of mental capacity (N.J.S.A. 2C:52-6).","sources":[{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-6/","title":"N.J.S.A. 2C:52-6 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"}]},"dui":{"eligible":"no","detail":"A DWI cannot be expunged. New Jersey's expungement law says 'Nothing contained in this chapter shall apply to arrests or conviction for motor vehicle offenses contained in Title 39' (N.J.S.A. 2C:52-28), and New Jersey's DWI offense is in Title 39 (N.J.S.A. 39:4-50).","sources":[{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-28/","title":"N.J.S.A. 2C:52-28 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/new-jersey/title-39/section-39-4-50/","title":"N.J.S.A. 39:4-50, Driving while intoxicated (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"}]},"employers":{"detail":"After expungement, the arrest and conviction are deemed not to have occurred and you may answer questions accordingly, except for jobs with the judiciary or a law enforcement or corrections agency (N.J.S.A. 2C:52-27). New Jersey's Opportunity to Compete Act covers employers with 15 or more employees over 20 calendar weeks. During the initial application process, which ends after the first interview, these employers may not ask about criminal records, including expunged records, on applications, orally, in writing or through online forms. They may ask if you volunteer the information or after the first interview. They may not refuse to hire you because of a record that was expunged or erased by executive pardon (N.J.S.A. 34:6B-13, 34:6B-14). Exceptions in N.J.S.A. 34:6B-16 were not reviewed.","sources":[{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-27/","title":"N.J.S.A. 2C:52-27 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/new-jersey/title-34/section-34-6b-14/","title":"N.J.S.A. 34:6B-14 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/new-jersey/title-34/section-34-6b-13/","title":"N.J.S.A. 34:6B-13 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"}]},"free_help":[{"name":"NJ Office of the Public Defender, Expungement Unit","url":"https://www.nj.gov/defender/community-events/Expungement_Pamphlet_12-2025.pdf","type":"public_defender","detail":"Free help with expungement petitions and objections. 609-940-7824, dc.expungement@opd.nj.gov."},{"name":"Legal Services of New Jersey: Clearing Your Record Online","url":"https://lsnjlaw.org/Pages/a2j/expunge/Expungement-List","type":"legal_aid","detail":"Statewide legal aid toolkit for checking whether you may be eligible. Free help for people with low incomes through 1-888-LSNJ-LAW (1-888-576-5529)."},{"name":"LSNJ Statewide Legal Assistance Hotline","url":"https://www.lsnjlawhotline.org","type":"legal_aid","detail":"Apply online for free civil legal help."},{"name":"NJ State Police Expungement Status Portal","url":"https://expungement.njsp.gov/EXPG_Portal/FAQs.aspx","type":"state_agency","detail":"Track your granted expungement order as the State Police process it."}],"sources":[{"url":"https://www.njcourts.gov/sites/default/files/courts/municipal/legislation/fornjcourtspl2019c269expungement.pdf","title":"P.L.2019, c.269 (S4154), expungement reform law text","publisher":"New Jersey Courts","accessed":"2026-10-21"},{"url":"https://www.nj.gov/defender/community-events/Expungement_Pamphlet_12-2025.pdf","title":"New Jersey Expungement Process: FAQ & How-To (Expungement Pamphlet 12-2025)","publisher":"New Jersey Office of the Public Defender, Expungement Unit","accessed":"2026-10-21"},{"url":"https://www.nj.gov/corrections/pdf/OPSS/FRARA/Expungement of Criminal Record/Record Expungement Kit 2020.pdf","title":"Record Expungement Kit (June 2020)","publisher":"New Jersey Administrative Office of the Courts","accessed":"2026-10-21"},{"url":"https://law.justia.com/codes/new-jersey/title-2c/section-2c-52-2/","title":"N.J.S.A. 2C:52-2 (2025 text, republished)","publisher":"Justia, republishing the New Jersey Revised Statutes","accessed":"2026-10-21"},{"url":"https://www.njcourts.gov/self-help/expunge-record","title":"Expunge (Clear) Your Record","publisher":"New Jersey Courts","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"new-mexico","code":"NM","name":"New Mexico","terms":["expungement","Criminal Record Expungement Act"],"summary":"New Mexico's Criminal Record Expungement Act lets people ask a district court to expunge arrests that ended without a conviction after 1 year, and most convictions after the sentence is done and a conviction-free wait of 2 to 10 years. Expungement by petition removes records from public access but does not destroy them. DWI, sex offenses, offenses against children, embezzlement and offenses causing great bodily harm or death can't be expunged. Records of arrests and convictions involving only cannabis conduct that is no longer a crime are expunged automatically and destroyed.","remedies":[{"id":"expungement-conviction","name":"Expungement of a conviction","type":"expungement","effect":"Expungement in New Mexico removes the arrest records and public records from access by the general public, including postings on court and law enforcement websites (NMSA § 29-3A-2). It does not destroy them: courts and law enforcement can still see them (Second Judicial District Court). After the order, the proceedings are treated as if they never occurred, and both officials and the person may reply to an inquiry that no record exists, except that the records must be disclosed in connection with an application for employment with, or association with, a financial institution regulated by the Financial Industry Regulatory Authority (FINRA) or the Securities and Exchange Commission (§ 29-3A-7). Agencies and courts that receive the order may not release the records except by court order (§§ 29-3A-4, 29-3A-5(D)). The definition of public records leaves out some files, such as confidential prosecutor files and records received through authorized background checks (§ 29-3A-2).","covers":"Municipal ordinance violations, misdemeanors and felonies, after the sentence is complete and a conviction-free waiting period of 2 to 10 years.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["You finished your sentence and paid any fines and fees owed to the state for the conviction (NMSA § 29-3A-5(A)).","Any court-ordered victim restitution has been paid, and no other charge or proceeding is pending against you (§ 29-3A-5(C)).","You have had no other criminal conviction during the waiting period: 2 years for municipal ordinance violations and most misdemeanors; 4 years for misdemeanor aggravated battery (§ 30-3-5(B)) and most fourth-degree felonies; 6 years for most third-degree felonies; 8 years for most second-degree felonies; 10 years for first-degree felonies and any offense under the Crimes Against Household Members Act (§ 29-3A-5(C)(4)).","The waiting period is measured from the last date you completed a sentence for any conviction in any jurisdiction (§ 29-3A-5(F)).","The court must also find that justice will be served, looking at the nature and seriousness of the offense, your age, criminal and employment history, the time since the offense and sentence, the harm you would face without expungement, and any reasons the district attorney gives (§ 29-3A-5(C), (E))."],"not_eligible":["An offense committed against a child (§ 29-3A-5(G)).","An offense that caused great bodily harm or death (§ 29-3A-5(G)).","A sex offense as defined in § 29-11A-3 (§ 29-3A-5(G)).","Embezzlement under § 30-16-8 (§ 29-3A-5(G)). A 2025 bill to remove this exclusion (Senate Bill 467) was not enacted.","Any offense involving driving under the influence of alcohol or drugs (DWI) (§ 29-3A-5(G))."],"waiting_periods":[{"record":"Municipal ordinance violation or misdemeanor (not listed below)","wait":"2 years with no new conviction after the sentence is complete","detail":"§ 29-3A-5(C)(4)(a)"},{"record":"Misdemeanor aggravated battery (§ 30-3-5(B)) or fourth-degree felony","wait":"4 years","detail":"§ 29-3A-5(C)(4)(b)"},{"record":"Third-degree felony","wait":"6 years","detail":"§ 29-3A-5(C)(4)(c)"},{"record":"Second-degree felony","wait":"8 years","detail":"§ 29-3A-5(C)(4)(d)"},{"record":"First-degree felony or Crimes Against Household Members Act offense","wait":"10 years","detail":"§ 29-3A-5(C)(4)(e). Measured from the last sentence you completed in any jurisdiction (§ 29-3A-5(F))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your New Mexico Department of Public Safety record (send a notarized Authorization for Release of Information with the DPS fee to the Law Enforcement Records Bureau) and your FBI record. Form 4-953 asks for both, dated no more than 90 days before you file.","Gather records showing the charge, case number, sentence, and that you finished probation or parole and paid fines, fees and restitution.","Fill out the mandatory Form 4-953, explaining why you want the expungement (for example, work, a license or housing) and what harm you face if it is denied. One petition can cover several cases in the same judicial district.","File it as a civil case in the district court for the county where you were convicted, even if the case was in metropolitan or municipal court, and pay the filing fee or file Form 4-222 for free process.","Mail a copy by first-class mail to the district attorney, the Department of Public Safety (P.O. Box 1628, Santa Fe, NM 87504-1628) and the arresting agency, and file a certificate of service.","Wait 60 days for objections, then file a Notice of Completion of Briefing (Form 4-960) with the affirmation (Form 4-960.3). Parties get 20 more days to object if the affirmation shows new arrests or convictions.","Go to the hearing (in person, or by phone or video if you give notice). The judge rules within 60 days after the hearing."],"where":"The district court for the county where the conviction was entered (Rule 1-077.1 NMRA).","forms":[{"name":"Form 4-953 NMRA, Petition to Expunge Arrest Records and Public Records Upon Conviction","url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Form-4-953-NMRA.pdf"},{"name":"Rule 1-077.1 NMRA (lists the other mandatory forms: 4-955 to 4-960.3)","url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Rule-1-077.1-NMRA.pdf"},{"name":"Second Judicial District Court: Steps to filing a conviction expungement petition","url":"https://nmcourts.gov/wp-content/uploads/sites/21/2023/11/STEPS-TO-FILING-YOUR-PETITION-FOR-EXPUNGEMENT_Conviction_Jan-2022.pdf"}],"cost":{"filing_fee_usd":null,"detail":"The Second Judicial District Court (Bernalillo County) lists a $132 filing fee for expungement petitions, and the Fourth and Thirteenth Judicial District Courts list $132 for new civil cases; we did not confirm the fee in every district. The Department of Public Safety charges a fee for your state record, and the FBI charges for its record; we did not confirm either amount. Court copies are $0.35 per page in the Second Judicial District.","fee_waiver":"yes","fee_waiver_detail":"File Form 4-222 NMRA (Affidavit for Free Process and Affidavit of Indigency) with your petition to ask the court to waive the fee (Second Judicial District Court)."},"hearing":"yes","timeline":"Parties have 60 days after service to object. The court rules within 60 days after the hearing, the order gives agencies at least 60 days to complete the expungement, and court records are not expunged sooner than 30 days after the order (Rule 1-077.1 NMRA).","statute":{"cite":"NMSA 1978 § 29-3A-5","url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/30/2024/01/Criminal-Record-Expungement-Act.pdf"},"sources":[{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/30/2024/01/Criminal-Record-Expungement-Act.pdf","title":"Criminal Record Expungement Act, NMSA 1978 §§ 29-3A-1 to 29-3A-7 (annotated text)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-29/article-3a/section-29-3a-5/","title":"NMSA 1978 § 29-3A-5 (2025 New Mexico Statutes, republished text)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"},{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Rule-1-077.1-NMRA.pdf","title":"Rule 1-077.1 NMRA, Expungement (as amended effective December 31, 2025)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Form-4-953-NMRA.pdf","title":"Form 4-953 NMRA, Petition to Expunge Arrest Records and Public Records Upon Conviction (October 31, 2025)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://nmcourts.gov/wp-content/uploads/sites/21/2023/11/STEPS-TO-FILING-YOUR-PETITION-FOR-EXPUNGEMENT_Conviction_Jan-2022.pdf","title":"Steps to Filing Your Petition for Expungement: Conviction (rev. 4/7/22)","publisher":"Second Judicial District Court of New Mexico","accessed":"2026-10-22"},{"url":"https://www.srca.nm.gov/parts/title10/10.002.0002.html","title":"10.2.2 NMAC, Criminal Record Expungement (Department of Public Safety rule)","publisher":"New Mexico State Records Center and Archives","accessed":"2026-10-22"},{"url":"https://www.nmlegis.gov/Sessions/25%20Regular/bills/senate/SB0467.HTML","title":"Senate Bill 467 (2025), as introduced","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://fourthdistrict.nmcourts.gov/about-this-district/fees-costs-filing","title":"Fees, Costs and Filing","publisher":"Fourth Judicial District Court of New Mexico","accessed":"2026-10-22"},{"url":"https://thirteenthdistrict.nmcourts.gov/about-this-district/fees-costs-filing/","title":"Fees, Costs and Filing","publisher":"Thirteenth Judicial District Court of New Mexico","accessed":"2026-10-22"},{"url":"https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=467&year=25","title":"Senate Bill 467 (2025) bill status","publisher":"New Mexico Legislature","accessed":"2026-10-22"}]},{"id":"expungement-no-conviction","name":"Expungement after release without conviction","type":"expungement","effect":"Expungement in New Mexico removes the arrest records and public records from access by the general public, including postings on court and law enforcement websites (NMSA § 29-3A-2). It does not destroy them: courts and law enforcement can still see them (Second Judicial District Court). After the order, the proceedings are treated as if they never occurred, and both officials and the person may reply to an inquiry that no record exists, except that the records must be disclosed in connection with an application for employment with, or association with, a financial institution regulated by the Financial Industry Regulatory Authority (FINRA) or the Securities and Exchange Commission (§ 29-3A-7). Agencies and courts that receive the order may not release the records except by court order (§§ 29-3A-4, 29-3A-5(D)). The definition of public records leaves out some files, such as confidential prosecutor files and records received through authorized background checks (§ 29-3A-2).","covers":"Arrests and charges that ended without a conviction, including acquittals, dismissals, no bills, preprosecution diversion and conditional discharge, and penalty assessments and Motor Vehicle Code violations and deferred sentences.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["You were released without a conviction for a municipal ordinance violation, misdemeanor or felony, including an acquittal or not-guilty finding; a nolle prosequi, no bill or other dismissal; a referral to a preprosecution diversion program; an order of conditional discharge under § 31-20-13; or other discharge (NMSA § 29-3A-4(A), (E)).","The same route covers penalty assessments under the Criminal Code and the Motor Vehicle Code, and violations and deferred sentences under the Motor Vehicle Code (§ 29-3A-4(A), as amended by Senate Bill 2 of the 2021 First Special Session).","At least 1 year has passed since the final disposition (§ 29-3A-4).","No other charge or proceeding is pending against you (§ 29-3A-4)."],"not_eligible":["Petitions filed less than 1 year after the final disposition (§ 29-3A-4).","DWI citations kept by the Taxation and Revenue Department are not 'arrest records' under the Act, so a dismissed DWI's motor vehicle record is not covered (§ 29-3A-2)."],"waiting_periods":[{"record":"Acquittal, dismissal, no bill, diversion or conditional discharge","wait":"1 year from the final disposition","detail":"§ 29-3A-4"}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your Department of Public Safety record of arrests and prosecutions, dated no earlier than 90 days before you file, to attach to the petition (§ 29-3A-4(C)), and the records showing how each case ended. A party that objects based on your FBI record must give you a free copy of it (§ 29-3A-4(D)).","Fill out the mandatory release-without-conviction petition form listed in Rule 1-077.1 NMRA. It is filed under seal or under a pseudonym, and one petition can cover several cases from the same judicial district (§ 29-3A-4(C)).","File in the district court for the county where the charges started or the arrest happened, and pay the fee or file Form 4-222 for free process.","Mail a copy to the district attorney and the Department of Public Safety and file a certificate of service.","After the 60-day objection period, file the Notice of Completion of Briefing (Form 4-959) with the matching affirmation form. If no one objects, the court may decide without a hearing."],"where":"The district court for the county where the charges originated or the arrest occurred (Rule 1-077.1 NMRA).","forms":[{"name":"Rule 1-077.1 NMRA (lists the mandatory release-without-conviction petition and related forms)","url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Rule-1-077.1-NMRA.pdf"},{"name":"Second Judicial District Court: Steps to filing an expungement petition, release without conviction","url":"https://www.nmcourts.gov/wp-content/uploads/2024/03/Filing-Petition-for-Expungement-Instructions-Release-Without-Conviction.pdf"}],"cost":{"filing_fee_usd":null,"detail":"The Second Judicial District Court lists a $132 filing fee for expungement petitions, and the Fourth and Thirteenth Judicial District Courts list $132 for new civil cases, plus the Department of Public Safety and FBI record fees (amounts not confirmed).","fee_waiver":"yes","fee_waiver_detail":"File Form 4-222 NMRA (Affidavit for Free Process and Affidavit of Indigency)."},"hearing":"sometimes","timeline":"Parties have 60 days after service to object. Without objections, the court may rule on the papers; after a hearing, it rules within 60 days (Rule 1-077.1 NMRA).","statute":{"cite":"NMSA 1978 § 29-3A-4 (as amended by Laws 2021 (1st S.S.), ch. 3)","url":"https://nmlegis.gov/sessions/21%20Special/final/SB0002.pdf"},"sources":[{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/30/2024/01/Criminal-Record-Expungement-Act.pdf","title":"Criminal Record Expungement Act, NMSA 1978 §§ 29-3A-1 to 29-3A-7 (annotated text)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Rule-1-077.1-NMRA.pdf","title":"Rule 1-077.1 NMRA, Expungement (as amended effective December 31, 2025)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://www.nmcourts.gov/wp-content/uploads/2024/03/Filing-Petition-for-Expungement-Instructions-Release-Without-Conviction.pdf","title":"Steps to Filing Your Petition for Expungement: Release Without Conviction","publisher":"Second Judicial District Court of New Mexico","accessed":"2026-10-22"},{"url":"https://www.srca.nm.gov/parts/title10/10.002.0002.html","title":"10.2.2 NMAC, Criminal Record Expungement (Department of Public Safety rule)","publisher":"New Mexico State Records Center and Archives","accessed":"2026-10-22"},{"url":"https://nmlegis.gov/sessions/21%20Special/final/SB0002.pdf","title":"Senate Bill 2, 2021 First Special Session, final version (expungement of cannabis records)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://www.nmlegis.gov/Sessions/26%20Regular/bills/house/HB0331.html","title":"House Bill 331 (2026), as introduced (reprints current NMSA § 29-3A-4)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://fourthdistrict.nmcourts.gov/about-this-district/fees-costs-filing","title":"Fees, Costs and Filing","publisher":"Fourth Judicial District Court of New Mexico","accessed":"2026-10-22"},{"url":"https://thirteenthdistrict.nmcourts.gov/about-this-district/fees-costs-filing/","title":"Fees, Costs and Filing","publisher":"Thirteenth Judicial District Court of New Mexico","accessed":"2026-10-22"}]},{"id":"cannabis-automatic-expungement","name":"Automatic expungement of cannabis records","type":"expungement","effect":"Public records held by a court or a state or local agency about the arrest or conviction are expunged automatically, and for records involving only cannabis and cannabis paraphernalia charges this expungement requires destruction of the records (NMSA § 29-3A-8(A), as amended by House Bill 314 of 2023, effective June 16, 2023). The general effect of expungement in § 29-3A-7 applies.","covers":"Arrests and convictions for cannabis or cannabis paraphernalia offenses that are no longer crimes, or would be lesser offenses, under the Cannabis Regulation Act.","outcomes":["no_conviction","misdemeanor","felony"],"narrow":"Cannabis offenses only","eligible":["Arrests or convictions for cannabis conduct that is no longer a crime on June 29, 2021, or that would have been a lesser offense if the Cannabis Regulation Act had been in effect (§ 29-3A-8(A)).","Records are expunged 2 years after the conviction, or 2 years after the arrest if there was no conviction (§ 29-3A-8(A), as amended by House Bill 314 of 2023).","In a case with both cannabis and other charges, automatic expungement covers only records involving cannabis and paraphernalia charges; you can ask the Administrative Office of the Courts to expunge the eligible cannabis charges in a mixed case (§ 29-3A-8(A), (C), as amended in 2023).","People in custody or previously incarcerated for a cannabis offense may petition at any time to modify the sentence or vacate the conviction (§ 29-3A-9, enacted by Senate Bill 2, 2021)."],"not_eligible":["Non-cannabis charges in the same case are not expunged by this process (§ 29-3A-8)."],"waiting_periods":[{"record":"Cannabis arrest or conviction","wait":"2 years after the conviction, or after the arrest if no conviction","detail":"§ 29-3A-8(A)"}],"automatic":"yes","automatic_detail":"No petition is needed. Senate Bill 2 (2021) required the Department of Public Safety to review state databases and identify eligible convictions by January 1, 2022, and gave prosecutors until July 1, 2022 to challenge a dismissal. Since House Bill 314 (2023), the Administrative Office of the Courts must provide a way to check whether your records were expunged and to ask for expedited expungement; those requests are confidential (§ 29-3A-8(B)-(D)).","how_to_file":["Nothing to file for cannabis-only cases.","To check whether your record was expunged, or to ask for faster expungement or expungement of the cannabis charges in a mixed case, use the Administrative Office of the Courts' verification procedure (§ 29-3A-8(B)-(C))."],"where":"Automatic through the courts, the Administrative Office of the Courts and the Department of Public Safety.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No fee or cost may be charged for review of cannabis convictions under § 29-3A-9 (Senate Bill 2, 2021, section 6(L)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"Records are due to be expunged 2 years after the conviction or arrest.","statute":{"cite":"NMSA 1978 §§ 29-3A-8, 29-3A-9","url":"https://nmlegis.gov/Sessions/23%20Regular/final/HB0314.PDF"},"sources":[{"url":"https://nmlegis.gov/sessions/21%20Special/final/SB0002.pdf","title":"Senate Bill 2, 2021 First Special Session, final version (expungement of cannabis records)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://nmlegis.gov/Sessions/23%20Regular/final/HB0314.PDF","title":"House Bill 314 (2023), final version (amending NMSA § 29-3A-8)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-29/article-3a/","title":"NMSA 1978 Chapter 29, Article 3A (2025 New Mexico Statutes, section list)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"},{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Rule-1-077.1-NMRA.pdf","title":"Rule 1-077.1 NMRA, Expungement (as amended effective December 31, 2025)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-29/article-3a/section-29-3a-8/","title":"NMSA 1978 § 29-3A-8 (2025 New Mexico Statutes, republished text and annotations)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-29/article-3a/section-29-3a-9/","title":"NMSA 1978 § 29-3A-9 (2025 New Mexico Statutes, republished text)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"}]},{"id":"expungement-identity-theft","name":"Expungement after identity theft","type":"expungement","effect":"Expungement in New Mexico removes the arrest records and public records from access by the general public, including postings on court and law enforcement websites (NMSA § 29-3A-2). It does not destroy them: courts and law enforcement can still see them (Second Judicial District Court). After the order, the proceedings are treated as if they never occurred, and both officials and the person may reply to an inquiry that no record exists, except that the records must be disclosed in connection with an application for employment with, or association with, a financial institution regulated by the Financial Industry Regulatory Authority (FINRA) or the Securities and Exchange Commission (§ 29-3A-7). Agencies and courts that receive the order may not release the records except by court order (§§ 29-3A-4, 29-3A-5(D)). The definition of public records leaves out some files, such as confidential prosecutor files and records received through authorized background checks (§ 29-3A-2).","covers":"Records that name you because someone else used your identity.","outcomes":["no_conviction","misdemeanor","felony"],"narrow":"Identity theft victims only","eligible":["You were wrongfully identified in arrest or public records because of identity theft and show this to the court (NMSA § 29-3A-3)."],"not_eligible":[],"waiting_periods":[{"record":"Records created by identity theft","wait":"None","detail":"§ 29-3A-3"}],"automatic":"no","automatic_detail":null,"how_to_file":["File the mandatory Form 4-951 NMRA petition in district court in the county where the charges originated, the arrest occurred or the conviction was entered (Rule 1-077.1 NMRA).","If no one objects, the court may decide without a hearing."],"where":"District court (Rule 1-077.1 NMRA).","forms":[{"name":"Rule 1-077.1 NMRA (mandatory Form 4-951)","url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Rule-1-077.1-NMRA.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Not stated in the statute or rule; the Second Judicial District Court lists $132 for expungement petitions, and other districts list $132 for new civil cases.","fee_waiver":"yes","fee_waiver_detail":"File Form 4-222 NMRA (Affidavit for Free Process and Affidavit of Indigency)."},"hearing":"sometimes","timeline":null,"statute":{"cite":"NMSA 1978 § 29-3A-3","url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/30/2024/01/Criminal-Record-Expungement-Act.pdf"},"sources":[{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/30/2024/01/Criminal-Record-Expungement-Act.pdf","title":"Criminal Record Expungement Act, NMSA 1978 §§ 29-3A-1 to 29-3A-7 (annotated text)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Rule-1-077.1-NMRA.pdf","title":"Rule 1-077.1 NMRA, Expungement (as amended effective December 31, 2025)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://www.nmcourts.gov/wp-content/uploads/2024/03/Filing-Petition-for-Expungement-Instructions-Release-Without-Conviction.pdf","title":"Steps to Filing Your Petition for Expungement: Release Without Conviction","publisher":"Second Judicial District Court of New Mexico","accessed":"2026-10-22"},{"url":"https://fourthdistrict.nmcourts.gov/about-this-district/fees-costs-filing","title":"Fees, Costs and Filing","publisher":"Fourth Judicial District Court of New Mexico","accessed":"2026-10-22"},{"url":"https://thirteenthdistrict.nmcourts.gov/about-this-district/fees-costs-filing/","title":"Fees, Costs and Filing","publisher":"Thirteenth Judicial District Court of New Mexico","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"New Mexico has no broad Clean Slate law; expunging most records takes a petition. The exception is cannabis: since Senate Bill 2 of the 2021 First Special Session, passed with the Cannabis Regulation Act, records of arrests and convictions for cannabis conduct that is no longer a crime (or would now be a lesser offense) are expunged automatically 2 years after the conviction or arrest, and the Department of Public Safety had to identify eligible convictions by January 1, 2022 (NMSA § 29-3A-8). House Bill 314 (2023) limited automatic expungement to cannabis-only records, required those records to be destroyed, and added a way to check whether records were expunged and to ask for expedited or mixed-case expungement. In 2025 the Supreme Court removed the cannabis petition from Rule 1-077.1 NMRA to match that law, effective December 31, 2025.","sources":[{"url":"https://nmlegis.gov/sessions/21%20Special/final/SB0002.pdf","title":"Senate Bill 2, 2021 First Special Session, final version (expungement of cannabis records)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://nmlegis.gov/Sessions/23%20Regular/final/HB0314.PDF","title":"House Bill 314 (2023), final version (amending NMSA § 29-3A-8)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Rule-1-077.1-NMRA.pdf","title":"Rule 1-077.1 NMRA, Expungement (as amended effective December 31, 2025)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-29/article-3a/section-29-3a-8/","title":"NMSA 1978 § 29-3A-8 (2025 New Mexico Statutes, republished text and annotations)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"}]},"marijuana":{"detail":"Arrest and conviction records for cannabis or cannabis paraphernalia conduct that is no longer a crime, or would be a lesser offense, under the Cannabis Regulation Act are expunged automatically 2 years after the conviction, or after the arrest if there was no conviction, and cannabis-only records are destroyed. In cases with other charges, only the cannabis charges qualify, and you can ask the Administrative Office of the Courts to expunge them. People incarcerated or previously incarcerated for cannabis offenses can petition at any time to modify the sentence or vacate the conviction, and no fee may be charged for that review (NMSA §§ 29-3A-8, 29-3A-9; Senate Bill 2, 2021 First Special Session; House Bill 314, 2023). Other cannabis convictions can use the regular conviction expungement rules.","sources":[{"url":"https://nmlegis.gov/sessions/21%20Special/final/SB0002.pdf","title":"Senate Bill 2, 2021 First Special Session, final version (expungement of cannabis records)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://nmlegis.gov/Sessions/23%20Regular/final/HB0314.PDF","title":"House Bill 314 (2023), final version (amending NMSA § 29-3A-8)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-29/article-3a/","title":"NMSA 1978 Chapter 29, Article 3A (2025 New Mexico Statutes, section list)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-29/article-3a/section-29-3a-8/","title":"NMSA 1978 § 29-3A-8 (2025 New Mexico Statutes, republished text and annotations)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Arrests and charges that ended without a conviction, including acquittals, dismissals, no bills, preprosecution diversion and conditional discharge, can be expunged by petition 1 year after the final disposition if no other charge is pending; the same route covers penalty assessments and Motor Vehicle Code violations and deferred sentences (NMSA § 29-3A-4, as amended in 2021). The petition is filed under seal or under a pseudonym in district court with a Department of Public Safety record no more than 90 days old, the district attorney and Department of Public Safety get 60 days to object under the court rule, and the court may decide without a hearing if no one objects (Rule 1-077.1 NMRA, as amended effective December 31, 2025).","sources":[{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/30/2024/01/Criminal-Record-Expungement-Act.pdf","title":"Criminal Record Expungement Act, NMSA 1978 §§ 29-3A-1 to 29-3A-7 (annotated text)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Rule-1-077.1-NMRA.pdf","title":"Rule 1-077.1 NMRA, Expungement (as amended effective December 31, 2025)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://www.nmcourts.gov/wp-content/uploads/2024/03/Filing-Petition-for-Expungement-Instructions-Release-Without-Conviction.pdf","title":"Steps to Filing Your Petition for Expungement: Release Without Conviction","publisher":"Second Judicial District Court of New Mexico","accessed":"2026-10-22"},{"url":"https://nmlegis.gov/sessions/21%20Special/final/SB0002.pdf","title":"Senate Bill 2, 2021 First Special Session, final version (expungement of cannabis records)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://www.nmlegis.gov/Sessions/26%20Regular/bills/house/HB0331.html","title":"House Bill 331 (2026), as introduced (reprints current NMSA § 29-3A-4)","publisher":"New Mexico Legislature","accessed":"2026-10-22"}]},"dui":{"eligible":"no","detail":"A DWI conviction can't be expunged: the conviction route excludes any offense involving driving under the influence of alcohol or drugs (NMSA § 29-3A-5(G)). A DWI arrest that ended without a conviction (dismissal, acquittal, diversion or conditional discharge) can be expunged after 1 year under § 29-3A-4, but DWI citations held by the Taxation and Revenue Department, such as motor vehicle records, are not arrest records under the Act and stay on file (§ 29-3A-2).","sources":[{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/30/2024/01/Criminal-Record-Expungement-Act.pdf","title":"Criminal Record Expungement Act, NMSA 1978 §§ 29-3A-1 to 29-3A-7 (annotated text)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-29/article-3a/section-29-3a-5/","title":"NMSA 1978 § 29-3A-5 (2025 New Mexico Statutes, republished text)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"},{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Form-4-953-NMRA.pdf","title":"Form 4-953 NMRA, Petition to Expunge Arrest Records and Public Records Upon Conviction (October 31, 2025)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"}]},"employers":{"detail":"After expungement, you may reply to an inquiry that no record exists, except that you must disclose the records in connection with an application for employment with, or association with, a financial institution regulated by FINRA or the Securities and Exchange Commission (NMSA § 29-3A-7). New Mexico's fair-chance law covers private employers: an employer that uses a written or electronic application may not ask about arrests or convictions on it, but may consider a conviction after reviewing the application and discussing the job with the applicant, and may tell applicants that law or company policy bars people with certain records from some jobs. Applicants can seek relief under the Human Rights Act (NMSA § 28-2-3.1, Laws 2019, ch. 176, effective June 14, 2019). For public employment and state licenses, Senate Bill 2 (2021) amended § 28-2-3 so that convictions that have been sealed, dismissed, expunged or pardoned can't be used.","sources":[{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/30/2024/01/Criminal-Record-Expungement-Act.pdf","title":"Criminal Record Expungement Act, NMSA 1978 §§ 29-3A-1 to 29-3A-7 (annotated text)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://www.nmlegis.gov/Sessions/19%20Regular/bills/senate/SB0096FSS.HTML","title":"Senate Floor Substitute for Senate Bill 96 (2019)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-28/article-2/section-28-2-3-1/","title":"NMSA 1978 § 28-2-3.1 (2025 New Mexico Statutes, republished text and annotations)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"},{"url":"https://nmlegis.gov/sessions/21%20Special/final/SB0002.pdf","title":"Senate Bill 2, 2021 First Special Session, final version (expungement of cannabis records)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://www.nmlegis.gov/Sessions/26%20Regular/bills/house/HB0331.html","title":"House Bill 331 (2026), as introduced","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=331&year=26","title":"House Bill 331 (2026) bill status","publisher":"New Mexico Legislature","accessed":"2026-10-22"}]},"free_help":[{"name":"New Mexico Legal Aid: Volunteer Attorney Program","url":"https://newmexicolegalaid.org/file_download/5b624a7a-22af-4165-a0b4-846d0b3b23c2","type":"legal_aid","detail":"Free expungement help from volunteer attorneys for people with household income at or below 200 percent of the federal poverty level; apply online at vapnm.org."},{"name":"Second Judicial District Court: expungement instructions","url":"https://nmcourts.gov/wp-content/uploads/sites/21/2023/11/STEPS-TO-FILING-YOUR-PETITION-FOR-EXPUNGEMENT_Conviction_Jan-2022.pdf","type":"court_self_help","detail":"Step-by-step instructions for conviction and non-conviction petitions, including the fee-waiver form; the court's self-help center can help."},{"name":"New Mexico Supreme Court: Rule 1-077.1 and expungement forms","url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Rule-1-077.1-NMRA.pdf","type":"court_self_help","detail":"The statewide expungement rule, amended effective December 31, 2025, with the list of mandatory forms."}],"sources":[{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/30/2024/01/Criminal-Record-Expungement-Act.pdf","title":"Criminal Record Expungement Act, NMSA 1978 §§ 29-3A-1 to 29-3A-7 (annotated text)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-29/article-3a/section-29-3a-5/","title":"NMSA 1978 § 29-3A-5 (2025 New Mexico Statutes, republished text)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-29/article-3a/","title":"NMSA 1978 Chapter 29, Article 3A (2025 New Mexico Statutes, section list)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"},{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Rule-1-077.1-NMRA.pdf","title":"Rule 1-077.1 NMRA, Expungement (as amended effective December 31, 2025)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Form-4-953-NMRA.pdf","title":"Form 4-953 NMRA, Petition to Expunge Arrest Records and Public Records Upon Conviction (October 31, 2025)","publisher":"New Mexico Supreme Court","accessed":"2026-10-22"},{"url":"https://nmcourts.gov/wp-content/uploads/sites/21/2023/11/STEPS-TO-FILING-YOUR-PETITION-FOR-EXPUNGEMENT_Conviction_Jan-2022.pdf","title":"Steps to Filing Your Petition for Expungement: Conviction (rev. 4/7/22)","publisher":"Second Judicial District Court of New Mexico","accessed":"2026-10-22"},{"url":"https://www.nmcourts.gov/wp-content/uploads/2024/03/Filing-Petition-for-Expungement-Instructions-Release-Without-Conviction.pdf","title":"Steps to Filing Your Petition for Expungement: Release Without Conviction","publisher":"Second Judicial District Court of New Mexico","accessed":"2026-10-22"},{"url":"https://www.srca.nm.gov/parts/title10/10.002.0002.html","title":"10.2.2 NMAC, Criminal Record Expungement (Department of Public Safety rule)","publisher":"New Mexico State Records Center and Archives","accessed":"2026-10-22"},{"url":"https://nmlegis.gov/sessions/21%20Special/final/SB0002.pdf","title":"Senate Bill 2, 2021 First Special Session, final version (expungement of cannabis records)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://nmlegis.gov/Sessions/23%20Regular/final/HB0314.PDF","title":"House Bill 314 (2023), final version (amending NMSA § 29-3A-8)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://www.nmlegis.gov/Sessions/25%20Regular/bills/senate/SB0467.HTML","title":"Senate Bill 467 (2025), as introduced","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://www.nmlegis.gov/Sessions/26%20Regular/bills/house/HB0331.html","title":"House Bill 331 (2026), as introduced","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://www.nmlegis.gov/Sessions/19%20Regular/bills/senate/SB0096FSS.HTML","title":"Senate Floor Substitute for Senate Bill 96 (2019)","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-28/article-2/section-28-2-3-1/","title":"NMSA 1978 § 28-2-3.1 (2025 New Mexico Statutes, republished text and annotations)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"},{"url":"https://newmexicolegalaid.org/file_download/5b624a7a-22af-4165-a0b4-846d0b3b23c2","title":"Do you have a criminal record that's holding you back? (Volunteer Attorney Program flyer)","publisher":"New Mexico Legal Aid","accessed":"2026-10-22"},{"url":"https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=331&year=26","title":"House Bill 331 (2026) bill status","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=467&year=25","title":"Senate Bill 467 (2025) bill status","publisher":"New Mexico Legislature","accessed":"2026-10-22"},{"url":"https://fourthdistrict.nmcourts.gov/about-this-district/fees-costs-filing","title":"Fees, Costs and Filing","publisher":"Fourth Judicial District Court of New Mexico","accessed":"2026-10-22"},{"url":"https://thirteenthdistrict.nmcourts.gov/about-this-district/fees-costs-filing/","title":"Fees, Costs and Filing","publisher":"Thirteenth Judicial District Court of New Mexico","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-29/article-3a/section-29-3a-8/","title":"NMSA 1978 § 29-3A-8 (2025 New Mexico Statutes, republished text and annotations)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"},{"url":"https://law.justia.com/codes/new-mexico/chapter-29/article-3a/section-29-3a-9/","title":"NMSA 1978 § 29-3A-9 (2025 New Mexico Statutes, republished text)","publisher":"Justia, republishing the New Mexico Compilation","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"new-york","code":"NY","name":"New York","terms":["sealing","Clean Slate","certificate of relief from disabilities","certificate of good conduct"],"summary":"New York clears records by sealing rather than expunging. The Clean Slate Act (CPL 160.57), in effect since November 16, 2024, automatically seals most misdemeanor convictions 3 years and most felony convictions 8 years after sentencing or release, but the courts have until November 16, 2027 to finish sealing older records. People can also apply to a judge to seal up to two convictions, no more than one of them a felony, after 10 years (CPL 160.59). Cases that end in your favor are sealed automatically, and certificates of relief or good conduct can lift job and licensing barriers without sealing.","remedies":[{"id":"clean-slate-160-57","name":"Clean Slate automatic sealing (CPL 160.57)","type":"sealing","effect":"Eligible convictions are sealed automatically, with no application. Sealed records are not available for most civil background checks, and under Executive Law 296(16) employers, landlords, lenders and insurers generally may not ask about or act on them. Courts, prosecutors and law enforcement can still see them, as can firearms licensing officials, employers hiring police or peace officers, entities required by law to run fingerprint-based checks, the State Education Department for certain licenses, and others listed in 160.57(1)(d). A sealed conviction can still be used to enhance a sentence in a later case, and Department of Motor Vehicles records are not sealed.","covers":"Most New York misdemeanor and felony convictions after a waiting period, plus convictions for driving while ability impaired (VTL 1192(1)).","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Misdemeanor: at least 3 years have passed since sentencing, or since release from incarceration if you served time.","Felony: at least 8 years have passed since sentencing, or since your last release from incarceration for that sentence.","You have no pending criminal charge in New York.","You are not under probation or parole supervision for the conviction.","Out-of-state records: no pending felony charge or felony conviction elsewhere in the past 8 years (this check applies once the state gets federal access to those records)."],"not_eligible":["Sex offenses and sexually violent offenses as defined in Correction Law 168-a.","Class A felonies, except Class A drug felonies under Penal Law article 220.","Convictions still under sentence, probation, parole or post-release supervision.","A new conviction before sealing restarts the clock for earlier convictions."],"waiting_periods":[{"record":"Misdemeanor","wait":"3 years","detail":"From sentencing or release from incarceration, whichever is later."},{"record":"Felony","wait":"8 years","detail":"From sentencing or last release from incarceration, whichever is later. Time detained for an alleged parole violation doesn't stop the clock unless supervision is revoked and you are reincarcerated."},{"record":"Driving while ability impaired (VTL 1192(1))","wait":"3 years","detail":null}],"automatic":"yes","automatic_detail":"Sealing is automatic. The law took effect November 16, 2024, and the courts must finish sealing older eligible convictions no later than November 16, 2027; the Office of Court Administration rechecks blocked cases at least quarterly. If records are missing, a request form under Judiciary Law 212(2)(dd) leads to sealing within 30 days. The NY Courts say a form to request review of convictions you believe should have been sealed will be posted by November 16, 2027.","how_to_file":["Nothing to file: eligible convictions are sealed automatically.","Older convictions may not be sealed yet; the court system has until November 16, 2027.","If you need relief sooner, or your conviction isn't covered, look at sealing by application under CPL 160.59 or a certificate of relief or good conduct."],"where":"Handled by the NY State Unified Court System (Office of Court Administration) and the Division of Criminal Justice Services.","forms":[],"cost":{"filing_fee_usd":0,"detail":"Automatic; there is nothing to file.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"In effect since November 16, 2024; older eligible convictions must be sealed by November 16, 2027.","statute":{"cite":"N.Y. Crim. Proc. Law 160.57","url":"https://www.nysenate.gov/legislation/laws/CPL/160.57"},"sources":[{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.57","title":"CPL 160.57 Automatic sealing of certain convictions","publisher":"New York State Senate (Consolidated Laws)","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/bills/2023/S7551","title":"S7551 (2023), Chapter 631 of 2023: effective one year after becoming law","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://nycourts.gov/FORMS/criminal-record-sealing.shtml","title":"Criminal History Record Search and Clean Slate Act","publisher":"New York State Unified Court System","accessed":"2026-10-21"}]},{"id":"sealing-application-160-59","name":"Sealing by application (CPL 160.59)","type":"sealing","effect":"If the judge grants it, official records of the arrest, prosecution and conviction are sealed. The Division of Criminal Justice Services keeps fingerprints and photos. Sealed records stay available to you, to qualified agencies and law enforcement doing their jobs, to firearms licensing officers, to employers hiring police or peace officers, and to the FBI for gun background checks. A sealed conviction still counts as a prior in a later criminal case.","covers":"Up to two New York convictions, no more than one of them a felony, 10 years after sentencing or release.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["You have no more than two eligible convictions in total, and no more than one felony.","At least 10 years have passed since sentencing on your latest conviction, or since your latest release from incarceration (any later time incarcerated extends the 10 years).","You have no pending arrest or charge.","You have not been convicted of a crime since the last conviction you want sealed."],"not_eligible":["Sex offenses (Penal Law article 130), offenses under article 263, and offenses requiring sex offender registration.","Violent felony offenses (Penal Law 70.02).","Class A felonies.","Any felony under Penal Law article 125 (homicide offenses), and conspiracies and felony attempts to commit ineligible offenses.","People with two or more felonies or more than two crimes in total.","People who already reached the sealing maximum under 160.58 or 160.59."],"waiting_periods":[{"record":"Misdemeanor or felony (up to two convictions, one felony)","wait":"10 years","detail":"From sentencing on the latest conviction, or from the latest release from incarceration; time incarcerated after the conviction extends the period."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get a certificate of disposition for each conviction from the court (or explain why one isn't available). NY CourtHelp says it costs $5 outside New York City and $10 in the city.","Fill out the court system's Application to Seal a Conviction after 10 Years (notice of motion and affidavit), sign it before a notary, and attach a sworn statement listing any other sealing applications and explaining why the court should seal the records, with supporting documents (treatment, work, school, volunteering).","File with the court where you were sentenced for the most serious offense (if all are the same level, the court of your last conviction), serve a copy on the district attorney, and file an affidavit of service.","The district attorney has 45 days to object. If the DA objects, there is a hearing; otherwise none is required.","The judge weighs the time since conviction, the offense, your rehabilitation, any victim statement, and public safety."],"where":"The New York criminal court where you were sentenced for the most serious conviction.","forms":[{"name":"Application to Seal a Conviction after 10 Years: Notice of Motion and Affidavit in Support of Sealing Pursuant to CPL 160.59, Affidavit of Service and Instructions","url":"https://ww2.nycourts.gov/FORMS/cpl_160.59_sealing_application/pdfs/CPL_160.59_Sealing_Application.pdf"}],"cost":{"filing_fee_usd":0,"detail":"NY CourtHelp says there is no fee to file the sealing papers. Each certificate of disposition costs $5 outside New York City and $10 in the five boroughs.","fee_waiver":"not_stated","fee_waiver_detail":"No filing fee applies. The court page does not say whether the certificate-of-disposition fee can be waived."},"hearing":"sometimes","timeline":"The district attorney has 45 days after service to object.","statute":{"cite":"N.Y. Crim. Proc. Law 160.59","url":"https://www.nysenate.gov/legislation/laws/CPL/160.59"},"sources":[{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.59","title":"CPL 160.59 Sealing of certain convictions","publisher":"New York State Senate (Consolidated Laws)","accessed":"2026-10-21"},{"url":"https://nycourts.gov/COURTHELP/Criminal/sealedAfter10years.shtml","title":"Sealed Records: After 10 Years (CPL 160.59)","publisher":"New York State Unified Court System (CourtHelp)","accessed":"2026-10-21"},{"url":"https://ww2.nycourts.gov/FORMS/cpl_160.59_sealing_application/pdfs/CPL_160.59_Sealing_Application.pdf","title":"CPL 160.59 Sealing Application","publisher":"New York State Unified Court System","accessed":"2026-10-21"}]},{"id":"conditional-sealing-160-58","name":"Conditional sealing after judicial diversion or drug treatment (CPL 160.58)","type":"sealing","effect":"The conviction (and up to three prior drug misdemeanors) is sealed from most people and agencies, with exceptions for you, law enforcement, gun licensing and police or peace officer hiring. It is conditional: a new misdemeanor or felony arrest or charge unseals the records, which may be resealed if that case ends in your favor.","covers":"Drug and marijuana convictions (Penal Law articles 220 and 221, and some 410.91(5) offenses) after completing judicial diversion, DTAP or a similar court-approved drug treatment program.","outcomes":["diversion","misdemeanor","felony"],"narrow":"Drug cases after court-approved treatment","eligible":["You completed judicial diversion (CPL article 216), a former DTAP program, or a similar court-sanctioned drug treatment program, and finished your sentence.","The court may also seal up to three prior misdemeanor convictions under Penal Law articles 220 or 221."],"not_eligible":["The court can't seal while any charged offense is pending."],"waiting_periods":[{"record":"Eligible drug conviction","wait":"None after completing the program and sentence","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Ask the court (or the court may act on its own) after you complete the program.","The court gets your fingerprint-based criminal history and notifies district attorneys, who have at least 30 days to comment; a hearing may be held on request."],"where":"The court that handled the diversion or treatment case.","forms":[],"cost":{"filing_fee_usd":null,"detail":"Not stated in the statute.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"N.Y. Crim. Proc. Law 160.58","url":"https://www.nysenate.gov/legislation/laws/CPL/160.58"},"sources":[{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.58","title":"CPL 160.58 Conditional sealing of certain controlled substance, marihuana or specified offense convictions","publisher":"New York State Senate (Consolidated Laws)","accessed":"2026-10-21"}]},{"id":"certificate-relief-disabilities","name":"Certificate of Relief from Disabilities (Correction Law 701-702)","type":"certificate","effect":"Removes automatic bars and forfeitures caused by a conviction, such as automatic loss of a license, permit, job or the right to vote. It does not seal the record, does not stop agencies from considering the conviction in discretionary decisions, and does not restore eligibility for public office.","covers":"People with no more than one felony conviction (any number of misdemeanors).","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["You are an \"eligible offender\": not convicted more than once of a felony (Correction Law 700).","A court can issue it for a conviction in that court if the sentence was revocable or didn't involve commitment to state prison (Correction Law 702). For state prison sentences, a different process applies under Correction Law 703, which we have not reviewed.","The court must find relief consistent with your rehabilitation and the public interest."],"not_eligible":["People with two or more felony convictions (see the certificate of good conduct instead)."],"waiting_periods":[{"record":"Any eligible conviction","wait":"None","detail":"It can be granted at sentencing (covering forfeitures and disabilities) or later (covering disabilities only). If issued while the court can still revoke your sentence, it is temporary until that period ends."}],"automatic":"no","automatic_detail":null,"how_to_file":["Ask the sentencing judge at sentencing, or file a verified application with that court later.","The court may order a probation investigation and report before deciding."],"where":"The court where you were convicted (for sentences other than state prison).","forms":[],"cost":{"filing_fee_usd":null,"detail":"Not stated in the statute.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"N.Y. Correction Law 700-702","url":"https://www.nysenate.gov/legislation/laws/COR/702"},"sources":[{"url":"https://www.nysenate.gov/legislation/laws/COR/700","title":"Correction Law 700 Definitions","publisher":"New York State Senate (Consolidated Laws)","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/701","title":"Correction Law 701 Certificate of relief from disabilities","publisher":"New York State Senate (Consolidated Laws)","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/702","title":"Correction Law 702 Certificates issued by courts","publisher":"New York State Senate (Consolidated Laws)","accessed":"2026-10-21"}]},{"id":"certificate-good-conduct","name":"Certificate of Good Conduct (Correction Law 703-b)","type":"certificate","effect":"Grants relief from forfeitures and disabilities caused by a conviction, consistent with your rehabilitation. It does not seal the record. It is temporary while you are under DOCCS supervision and becomes permanent at discharge.","covers":"People with any New York conviction (including those with more than one felony) after a period of good conduct, and some people with out-of-state convictions.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Misdemeanor as most serious crime: at least 1 year of good conduct.","Class C, D or E felony: at least 3 years of good conduct.","Class A or B felony: at least 5 years of good conduct.","People with out-of-state convictions can apply if they show New York laws that adversely affect them."],"not_eligible":[],"waiting_periods":[{"record":"Misdemeanor","wait":"1 year","detail":"Counted from payment of a fine, suspension of sentence, or release by parole, commutation or end of sentence."},{"record":"Class C, D or E felony","wait":"3 years","detail":"Same starting point."},{"record":"Class A or B felony","wait":"5 years","detail":"Same starting point."}],"automatic":"no","automatic_detail":null,"how_to_file":["Apply to the New York State Department of Corrections and Community Supervision (DOCCS)."],"where":"NYS Department of Corrections and Community Supervision.","forms":[],"cost":{"filing_fee_usd":null,"detail":"Not stated in the statute.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"N.Y. Correction Law 703-b","url":"https://www.nysenate.gov/legislation/laws/COR/703-B"},"sources":[{"url":"https://www.nysenate.gov/legislation/laws/COR/703-B","title":"Correction Law 703-b Certificate of good conduct","publisher":"New York State Senate (Consolidated Laws)","accessed":"2026-10-21"}]}],"clean_slate":{"status":"in_effect","effective":"2024-11-16","detail":"The Clean Slate Act (S7551, Chapter 631 of 2023, signed November 16, 2023) took effect one year later, on November 16, 2024. It automatically seals most misdemeanor convictions 3 years and most felony convictions 8 years after sentencing or release, if you have no pending charge and aren't on probation or parole. Sex offenses and most Class A felonies are excluded. The courts have until November 16, 2027 to finish sealing older convictions, so as of October 2026 an eligible older record may not be sealed yet. DMV records are not sealed, and sealed convictions stay available to law enforcement, courts, firearms licensing and some employers required to check.","sources":[{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.57","title":"CPL 160.57","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/bills/2023/S7551","title":"S7551 (2023)","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://nycourts.gov/FORMS/criminal-record-sealing.shtml","title":"Criminal History Record Search and Clean Slate Act","publisher":"New York State Unified Court System","accessed":"2026-10-21"}]},"marijuana":{"detail":"Under CPL 160.50(3)(k) and 160.50(5), convictions under former Penal Law article 221 (marijuana possession and sale offenses: 221.05, 221.10, 221.15, 221.20, 221.35 and 221.40), older article 220 and 240.36 cases where marijuana was the only drug and the conviction was only a misdemeanor or violation, article 220.03 and 220.06 cases involving only concentrated cannabis, and convictions under Penal Law 222.10, 222.15, 222.25 and 222.45 are vacated and dismissed, and their records are expunged; the matter is treated as ended in your favor and a nullity. These provisions were added by 2019 and 2021 amendments, and records of convictions entered before the 2019 amendment were to be expunged within one year. This happens without an application.","sources":[{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.50","title":"CPL 160.50 Order upon termination of criminal action in favor of the accused","publisher":"New York State Senate (Consolidated Laws)","accessed":"2026-10-21"}]},"non_conviction":{"detail":"When a criminal case ends in your favor (for example dismissal, acquittal, or the prosecutor declining to prosecute), the record is sealed automatically under CPL 160.50 unless the DA or court shows the interests of justice require otherwise; fingerprints and photos are destroyed or returned. When a case ends in a conviction only for a non-criminal violation or traffic infraction, CPL 160.55 seals the arrest and prosecution records automatically, except for driving while ability impaired (VTL 1192(1)), which Clean Slate seals after 3 years instead. Cases that ended before these sealing laws took effect can be sealed on motion with 20 days' notice to the DA.","sources":[{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.50","title":"CPL 160.50","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.55","title":"CPL 160.55","publisher":"New York State Senate","accessed":"2026-10-21"}]},"dui":{"eligible":"yes","detail":"DWI convictions are not on Clean Slate's exclusion list. A misdemeanor DWI is sealed automatically 3 years after sentencing or release, a felony DWI after 8 years, and a driving-while-ability-impaired infraction (VTL 1192(1)) after 3 years. DWI is also not on the CPL 160.59 exclusion list, so it can count as one of the two convictions you apply to seal after 10 years. Two big limits: Clean Slate does not seal Department of Motor Vehicles records (CPL 160.57(3)(b)), so your driving record still shows the offense, and a sealed conviction can still be used to enhance penalties for a later offense. DWAI is not covered by the immediate violation sealing in CPL 160.55.","sources":[{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.57","title":"CPL 160.57","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.59","title":"CPL 160.59","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.55","title":"CPL 160.55","publisher":"New York State Senate","accessed":"2026-10-21"}]},"employers":{"detail":"Executive Law 296(16) makes it unlawful for any person, agency or corporation, including private employers, to ask about or act against you based on a non-pending arrest that ended in your favor, an adjournment in contemplation of dismissal, a youthful offender adjudication, or a conviction sealed under CPL 160.55, 160.57, 160.58 or 160.59, unless a statute requires or permits it. You may answer as if it never happened. Exceptions include firearms licensing, police and peace officer jobs, law enforcement agency jobs, and the access allowed under CPL 160.57(1)(d). For convictions that aren't sealed, Correction Law Article 23-A (sections 751-753), enforced through Executive Law 296(15), applies to public and private employers: they may deny a job or license because of a conviction only if it has a direct relationship to the job or would create an unreasonable risk to property or safety.","sources":[{"url":"https://www.nysenate.gov/legislation/laws/EXC/296","title":"Executive Law 296 Unlawful discriminatory practices","publisher":"New York State Senate (Consolidated Laws)","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/751","title":"Correction Law 751 Applicability","publisher":"New York State Senate (Consolidated Laws)","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"Correction Law 752 Unfair discrimination against persons previously convicted","publisher":"New York State Senate (Consolidated Laws)","accessed":"2026-10-21"}]},"free_help":[{"name":"NY Courts: Criminal History Record Search and Clean Slate Act","url":"https://nycourts.gov/FORMS/criminal-record-sealing.shtml","type":"court_self_help","detail":"Official Clean Slate timeline and eligibility summary, plus how to search court criminal history records."},{"name":"NY CourtHelp: Sealed Records After 10 Years (CPL 160.59)","url":"https://nycourts.gov/COURTHELP/Criminal/sealedAfter10years.shtml","type":"court_self_help","detail":"Step-by-step guide to applying to seal up to two convictions yourself; says there is no fee to file."}],"sources":[{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.57","title":"CPL 160.57","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.59","title":"CPL 160.59","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.58","title":"CPL 160.58","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.50","title":"CPL 160.50","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/CPL/160.55","title":"CPL 160.55","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/700","title":"Correction Law 700","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/701","title":"Correction Law 701","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/702","title":"Correction Law 702","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/703-B","title":"Correction Law 703-b","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/751","title":"Correction Law 751","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"Correction Law 752","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/EXC/296","title":"Executive Law 296","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/bills/2023/S7551","title":"S7551 (2023), Chapter 631","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://nycourts.gov/FORMS/criminal-record-sealing.shtml","title":"Criminal History Record Search and Clean Slate Act","publisher":"New York State Unified Court System","accessed":"2026-10-21"},{"url":"https://nycourts.gov/COURTHELP/Criminal/sealedAfter10years.shtml","title":"Sealed Records: After 10 Years (CPL 160.59)","publisher":"New York State Unified Court System (CourtHelp)","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"north-carolina","code":"NC","name":"North Carolina","terms":["expunction","expungement","certificate of relief"],"summary":"North Carolina calls record clearing \"expunction.\" Dismissed charges and not-guilty verdicts can be expunged with no waiting period, and many cases disposed on or after December 1, 2021 are expunged automatically. Convictions for lower-level (Class H and I) felonies and most misdemeanors can be expunged by petition after waiting 3 to 20 years, but impaired driving (DWI), assault offenses and more serious felonies cannot. A Certificate of Relief doesn't clear the record but can lift some job and licensing barriers.","remedies":[{"id":"nonviolent-conviction-expunction","name":"Expunction of nonviolent misdemeanors and felonies","type":"expungement","effect":"The court orders the conviction expunged from court records and directs law enforcement and other state and local agencies to expunge theirs (G.S. 15A-145.5(e)). The effect is governed by G.S. 15A-153: a person with an expunction is not guilty of perjury or giving a false statement for not acknowledging the expunged matter, and employers and schools may not require applicants to disclose expunged information. Exceptions: some certification bodies (Chapters 17C and 17E, and the Sheriffs' Education and Training Standards Commission) still require disclosure, the record can be considered at sentencing for a later offense, and State DNA Database records are not covered.","covers":"Convictions for Class H and I felonies and most misdemeanors that are not on the statute's exclusion list, for people convicted as adults.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Misdemeanors other than Class A1 misdemeanors, and Class H or I felonies, that aren't on the exclusion list (G.S. 15A-145.5(a)).","One nonviolent misdemeanor, or more than one.","One nonviolent felony, or two or three nonviolent felonies. For two or three felonies, the felonies must have been committed within the same 24-month period (G.S. 15A-145.5(c3)).","Convictions from the same session of court count as one conviction (G.S. 15A-145.5(b)).","The court must find good moral character, no outstanding warrants or pending cases, no outstanding restitution orders or civil restitution judgments, and no disqualifying convictions during the waiting period.","Misdemeanors: no other felony or misdemeanor conviction (other than a traffic violation not listed in the petition) during the waiting period, and no earlier expunction of misdemeanors under this section (G.S. 15A-145.5(c2)).","Felonies: no misdemeanor conviction (other than a traffic violation not listed in the petition) in the 5 years before you file, and no other felony conviction during the waiting period. A prior felony expunction under this section bars a new one unless that earlier petition was filed before December 1, 2021 (G.S. 15A-145.5(c3), (c5)).","Convictions in more than one county need a petition in each county, all filed within a 120-day period (G.S. 15A-145.5(c4))."],"not_eligible":["Any offense involving impaired driving as defined in G.S. 20-4.01(24a), including DWI (G.S. 15A-145.5(a1)).","Class A through G felonies and Class A1 misdemeanors.","Offenses that have assault as an essential element.","Offenses that require sex offender registration, whether or not the person still has to register, and listed sex-related and stalking offenses.","Felony drug offenses involving methamphetamine or heroin, and possession with intent to sell or deliver, or sale and delivery of, cocaine.","Hate-crime offenses (G.S. 14-3(c) applied) and offenses under G.S. 14-12.12(b), 14-12.13, 14-12.14, 14-401.16 and 14-54(a1).","Felonies in which a commercial motor vehicle was used.","Attempts to commit any excluded offense.","Any offense committed after the date of an earlier expunction order under this section (G.S. 15A-145.5). The pre-December 1, 2021 exception in G.S. 15A-145.5(c5) covers only offenses committed before that earlier expunction."],"waiting_periods":[{"record":"One nonviolent misdemeanor","wait":"3 years","detail":"Runs from the conviction date or the end of any active sentence, probation or post-release supervision, whichever is later. Reduced from 5 years by S.L. 2025-71 for petitions filed on or after July 9, 2025."},{"record":"More than one nonviolent misdemeanor","wait":"7 years","detail":"Runs from the last conviction (other than an unlisted traffic offense) or the end of any sentence, probation or post-release supervision, whichever is later."},{"record":"One nonviolent felony","wait":"10 years","detail":"Runs from conviction or the end of any sentence, probation or post-release supervision, whichever is later."},{"record":"One felony breaking or entering under G.S. 14-54(a)","wait":"15 years","detail":"Runs from conviction or the end of any sentence, probation or post-release supervision, whichever is later."},{"record":"Two or three nonviolent felonies","wait":"20 years","detail":"Runs from the most recent conviction listed or the end of any related sentence, whichever is later."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get the petition form for your record type: AOC-CR-298 for misdemeanors or AOC-CR-297 for felonies.","Fill in the offense information from the court file and list the arresting agency and any other state or local agency that holds a record of the case.","Attach the required affidavits: your own affidavit of good moral character, affidavits from two people not related to you or to each other, an affidavit that no restitution is owed, and an affidavit listing petitions filed or planned in other counties. Form AOC-CR-158 may be used but is optional.","File with the clerk of superior court in the county where you were convicted, pay the $175 fee or ask to file as an indigent, and serve a copy on the district attorney.","Follow the clerk's instructions to get a judge's signature so the SBI and the Administrative Office of the Courts can run the record checks.","Ask the clerk or district attorney to schedule the hearing once the record checks come back."],"where":"Clerk of superior court in the county where the conviction happened.","forms":[{"name":"AOC-CR-297, Petition and Order of Expunction Under G.S. 15A-145.5 (Nonviolent Felony(ies))","url":"https://www.nccourts.gov/documents/forms/petition-and-order-of-expunction-under-gs-15a-1455-nonviolent-felonyies-instructions-for-petition-and-order-of-expunction-under-gs-15a-1455-nonviolent-felonyies"},{"name":"AOC-CR-298, Petition and Order of Expunction Under G.S. 15A-145.5 (Nonviolent Misdemeanors)","url":"https://www.nccourts.gov/documents/forms/petition-and-order-of-expunction-under-gs-15a-1455-nonviolent-misdemeanors-instructions-for-petition-and-order-of-expunction-under-gs-15a-1455-nonviolent-misdemeanors"},{"name":"AOC-G-106, Petition to Proceed as an Indigent","url":"https://www.nccourts.gov/assets/documents/forms/g106.pdf"}],"cost":{"filing_fee_usd":175,"detail":"$175 paid to the clerk of superior court when the petition is filed (G.S. 15A-145.5(g)).","fee_waiver":"yes","fee_waiver_detail":"The fee doesn't apply to petitions filed by an indigent person (G.S. 15A-145.5(g)). Use form AOC-G-106, which has a 'Petition To File Expunction Petition' option. People receiving SNAP, TANF or SSI, people represented by legal aid, and others who affirm they can't pay can use it; the clerk may ask for more financial information."},"hearing":"sometimes","timeline":"The NC Judicial Branch says expunctions may take several months, depending on record checks and hearing schedules.","statute":{"cite":"N.C. Gen. Stat. § 15A-145.5","url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-145.5.html"},"sources":[{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-145.5.html","title":"G.S. 15A-145.5. Expunction of certain misdemeanors and felonies","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/SessionLaws/HTML/2025-2026/SL2025-71.html","title":"Session Law 2025-71 (Senate Bill 311), Part XII","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-153.html","title":"G.S. 15A-153. Effect of expunction","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.nccourts.gov/assets/documents/forms/cr297-instr_4.pdf?VersionId=.6XwEyPHwrADmH9yOasbCKh.Ix0Y.rYd","title":"Instructions for AOC-CR-297 (Rev. 6/25)","publisher":"North Carolina Administrative Office of the Courts","accessed":"2026-10-21"},{"url":"https://www.nccourts.gov/help-topics/court-records/expunctions","title":"Expunctions","publisher":"North Carolina Judicial Branch","accessed":"2026-10-21"},{"url":"https://www.nccourts.gov/assets/documents/forms/g106.pdf","title":"AOC-G-106 Petition to Proceed as an Indigent (Rev. 1/23)","publisher":"North Carolina Administrative Office of the Courts","accessed":"2026-10-21"},{"url":"https://legalaidnc.org/topics/criminal-record-expunction","title":"Criminal record expunction","publisher":"Legal Aid of North Carolina","accessed":"2026-10-21"}]},{"id":"dismissal-not-guilty-expunction","name":"Expunction of dismissed charges and not-guilty verdicts","type":"expungement","effect":"Charges that were dismissed or ended in a not-guilty or not-responsible finding are expunged from court and law enforcement records, with the same G.S. 15A-153 protections as other expunctions.","covers":"Misdemeanor and felony charges (and infractions) that were dismissed or ended in a finding of not guilty or not responsible.","outcomes":["no_conviction"],"narrow":null,"eligible":["Any misdemeanor or felony charge that was dismissed, by petition (G.S. 15A-146(a)).","Any charge with a finding of not guilty or not responsible, by petition (G.S. 15A-146(a2)).","No waiting period, no limit on how many, and no bar based on prior convictions."],"not_eligible":["Dismissals under G.S. 15A-1008 of charges against a defendant found incapable to proceed, for dismissals on or after December 1, 2025 (G.S. 15A-1008(d), as amended by S.L. 2025-93). The UNC School of Government expects this not to affect a prosecutor's voluntary dismissal of such a case, which needs no court order under G.S. 15A-1008, but calls related points open questions.","For automatic expunction only: a case with a felony charge that was dismissed under a plea agreement (G.S. 15A-146(a4))."],"waiting_periods":[{"record":"Dismissed charge or not-guilty finding (petition)","wait":"None","detail":null},{"record":"Case disposed on or after December 1, 2021 in which all charges were dismissed or ended in not guilty (automatic)","wait":"180 to 210 days after final disposition","detail":"Happens by operation of law, without a petition (G.S. 15A-146(a4))."}],"automatic":"some","automatic_detail":"Under G.S. 15A-146(a4), when all charges in a case disposed on or after December 1, 2021 are dismissed without leave, dismissed by the court, or end in not guilty or not responsible, the charges are expunged by operation of law 180 to 210 days after final disposition. Felony cases dismissed under a plea agreement are excluded. Cases disposed before December 1, 2021 still need a petition. The UNC School of Government notes that agencies outside the court system may not be notified of automatic expunctions, so a petition can still be useful.","how_to_file":["Check whether your case qualifies for automatic expunction; if it ended before December 1, 2021, or only some charges were dismissed, file a petition.","Get the petition for dismissed or not-guilty charges (AOC-CR-287) from the NC Judicial Branch expunctions page; use one petition per county and court division.","File with the clerk in the county where you were charged. The court can decide without a hearing in many cases."],"where":"Clerk of court in the county where the charge was filed.","forms":[{"name":"AOC-G-106, Petition to Proceed as an Indigent (only needed if a fee applies)","url":"https://www.nccourts.gov/assets/documents/forms/g106.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No fee for most dismissals and not-guilty findings. If the charge was dismissed after a deferred prosecution agreement or conditional discharge, the fee is $175 (G.S. 15A-146(d); NC Judicial Branch).","fee_waiver":"yes","fee_waiver_detail":"The $175 fee doesn't apply to petitions filed by an indigent person (G.S. 15A-146(d)); use form AOC-G-106."},"hearing":"sometimes","timeline":"Automatic: 180 to 210 days after final disposition. By petition: the NC Judicial Branch says expunctions may take several months.","statute":{"cite":"N.C. Gen. Stat. § 15A-146","url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-146.html"},"sources":[{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-146.html","title":"G.S. 15A-146. Expunction of records when charges are dismissed or there are findings of not guilty or not responsible","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/SessionLaws/HTML/2025-2026/SL2025-93.html","title":"Session Law 2025-93 (House Bill 307, Iryna's Law), Section 7","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://ncleg.gov/EnactedLegislation/SessionLaws/HTML/2023-2024/SL2024-35.html","title":"Session Law 2024-35 (Senate Bill 565)","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://sog.unc.edu/resources/microsites/relief-criminal-conviction/dismissal-or-finding-not-guilty-misdemeanors-felonies-and-certain-infractions","title":"Dismissal or Finding of Not Guilty: Misdemeanors, Felonies, and Certain Infractions","publisher":"UNC School of Government","accessed":"2026-10-21"},{"url":"https://nccriminallaw.sog.unc.edu/2026/01/29/expunction-changes-and-updated-expunction-guide-for-2026/","title":"Expunction Changes and Updated Expunction Guide for 2026","publisher":"UNC School of Government","accessed":"2026-10-21"},{"url":"https://www.nccourts.gov/help-topics/court-records/expunctions","title":"Expunctions","publisher":"North Carolina Judicial Branch","accessed":"2026-10-21"}]},{"id":"drug-offense-expunction-under-22","name":"Expunction of drug offenses for people 21 or younger at the time","type":"expungement","effect":"The drug charge or conviction is expunged, with the G.S. 15A-153 protections.","covers":"Simple drug possession and paraphernalia charges and convictions, and conditional discharges, for people who were 21 or younger when the offense happened.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":"Drug possession at age 21 or younger","eligible":["Person was not over 21 at the time of the offense.","A conditional discharge and dismissal under G.S. 90-96(a) or (a1).","Dismissed or not-guilty charges for misdemeanor simple possession of a Schedule I-VI substance or a felony under G.S. 90-95(a)(3).","A conviction for misdemeanor simple possession, drug paraphernalia, or a G.S. 90-95(a)(3) felony, if the person had no prior felony or drug convictions, has had good behavior since, has no other felony or non-traffic misdemeanor conviction before or since, and completed an approved drug education program (the judge may waive the program in some cases). Available only once (G.S. 15A-145.2(c))."],"not_eligible":["People who were 22 or older at the time of the offense (they may still qualify under G.S. 15A-145.5 or 15A-146).","A conviction if the person had a prior felony or Chapter 90 drug conviction."],"waiting_periods":[{"record":"Qualifying drug conviction","wait":"12 months after conviction","detail":null},{"record":"Dismissed or not-guilty drug charge","wait":"None stated","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a petition in the county where you were charged, with an affidavit of good behavior and two character affidavits from unrelated people.","Include an application for a name-based criminal record check."],"where":"Court in the county where the person was charged.","forms":[],"cost":{"filing_fee_usd":175,"detail":"$175 to the clerk of superior court ($122.50 to the SBI, $52.50 to the Administrative Office of the Courts) (G.S. 15A-145.2(d)).","fee_waiver":"yes","fee_waiver_detail":"The fee doesn't apply to petitions filed by an indigent person (G.S. 15A-145.2(d))."},"hearing":"not_stated","timeline":null,"statute":{"cite":"N.C. Gen. Stat. § 15A-145.2","url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-145.2.html"},"sources":[{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-145.2.html","title":"G.S. 15A-145.2","publisher":"North Carolina General Assembly","accessed":"2026-10-21"}]},{"id":"certificate-of-relief","name":"Certificate of Relief","type":"certificate","effect":"Relieves most collateral sanctions (automatic legal bars tied to the conviction) unless modified or revoked. It does not automatically relieve a disqualification, but agencies and courts must consider it favorably. It does not expunge any record and is not a pardon. It is revoked automatically by a later conviction other than a traffic violation (G.S. 15A-173.2).","covers":"People with no more than three Class H or I felony convictions and any number of misdemeanors.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["No more than three Class H or I felonies and any misdemeanors; felonies from the same court session count as one.","Engaged in or seeking a lawful occupation or activity, or has a lawful source of support.","Complied with all sentence requirements and is not in violation of any criminal sentence.","No pending criminal charge.","Granting it would not pose an unreasonable risk to public safety."],"not_eligible":["People with a Class A through G felony conviction or more than three Class H or I felonies."],"waiting_periods":[{"record":"Any eligible conviction","wait":"12 months after completing the sentence","detail":"The sentence isn't complete until all active time, probation, post-release supervision and parole are finished."}],"automatic":"no","automatic_detail":null,"how_to_file":["File form AOC-CR-273 in the court where you were convicted.","A senior resident superior court judge (for superior court convictions) or chief district court judge (for district court convictions) decides."],"where":"The court where the conviction happened.","forms":[{"name":"AOC-CR-273, Certificate of Relief Petition and Order","url":"https://www.nccourts.gov/assets/documents/forms/cr273_0.pdf"}],"cost":{"filing_fee_usd":50,"detail":"One-time $50 fee to the clerk of superior court at filing (G.S. 15A-173.2(h)).","fee_waiver":"yes","fee_waiver_detail":"The fee doesn't apply to indigent petitioners (G.S. 15A-173.2(h)); form AOC-G-106 is the court's indigency petition."},"hearing":"not_stated","timeline":null,"statute":{"cite":"N.C. Gen. Stat. § 15A-173.2","url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-173.2.html"},"sources":[{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-173.2.html","title":"G.S. 15A-173.2. Certificate of relief","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.nccourts.gov/assets/documents/forms/cr273_0.pdf","title":"AOC-CR-273 Certificate of Relief Petition and Order (Rev. 12/19)","publisher":"North Carolina Administrative Office of the Courts","accessed":"2026-10-21"}]}],"clean_slate":{"status":"partial","effective":"2021-12-01","detail":"North Carolina automatically expunges charges, but not convictions. Under G.S. 15A-146(a4), when every charge in a case disposed on or after December 1, 2021 is dismissed or ends in not guilty or not responsible, the charges are expunged by operation of law 180 to 210 days after final disposition. Felony cases dismissed under a plea agreement are excluded. The UNC School of Government reports that automatic expunctions were paused from August 1, 2022 (S.L. 2022-47) and resumed after S.L. 2024-35 took effect on July 8, 2024. There is no automatic expunction of convictions.","sources":[{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-146.html","title":"G.S. 15A-146","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://ncleg.gov/EnactedLegislation/SessionLaws/HTML/2023-2024/SL2024-35.html","title":"Session Law 2024-35 (Senate Bill 565)","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://sog.unc.edu/resources/microsites/relief-criminal-conviction/dismissal-or-finding-not-guilty-misdemeanors-felonies-and-certain-infractions","title":"Dismissal or Finding of Not Guilty","publisher":"UNC School of Government","accessed":"2026-10-21"}]},"marijuana":{"detail":"We found no marijuana-specific expunction law. Marijuana possession is handled like other drug offenses: people who were 21 or younger at the time may use G.S. 15A-145.2, and others may qualify for misdemeanor expunction under G.S. 15A-145.5. Felony drug offenses involving methamphetamine or heroin, and cocaine sale or intent-to-sell offenses, are excluded from G.S. 15A-145.5.","sources":[{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-145.2.html","title":"G.S. 15A-145.2","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-145.5.html","title":"G.S. 15A-145.5","publisher":"North Carolina General Assembly","accessed":"2026-10-21"}]},"non_conviction":{"detail":"Dismissed charges and not-guilty or not-responsible findings can be expunged by petition under G.S. 15A-146, with no waiting period, no limit on how many, and no bar for prior convictions. Cases disposed on or after December 1, 2021 in which all charges were dismissed or ended in not guilty are expunged automatically 180 to 210 days after final disposition, except felony cases dismissed under a plea agreement. There's no filing fee unless the dismissal followed a deferred prosecution agreement or conditional discharge ($175, waived for indigent petitioners). Since December 1, 2025, a court's dismissal of charges against a defendant found incapable to proceed can't be expunged under G.S. 15A-146.","sources":[{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-146.html","title":"G.S. 15A-146","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/SessionLaws/HTML/2025-2026/SL2025-93.html","title":"Session Law 2025-93 (House Bill 307)","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.nccourts.gov/help-topics/court-records/expunctions","title":"Expunctions","publisher":"North Carolina Judicial Branch","accessed":"2026-10-21"}]},"dui":{"eligible":"no","detail":"A DWI or any other impaired-driving conviction (as defined in G.S. 20-4.01(24a)) cannot be expunged under G.S. 15A-145.5(a1), no matter how long ago it was. A DWI charge that was dismissed or ended in not guilty can be expunged under G.S. 15A-146, and may be expunged automatically if the case was disposed on or after December 1, 2021. A Certificate of Relief (G.S. 15A-173.2) is available for people with only misdemeanors and up to three Class H or I felonies; it can ease some job and licensing barriers but does not remove the DWI from the record.","sources":[{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-145.5.html","title":"G.S. 15A-145.5(a1)","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-146.html","title":"G.S. 15A-146","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-173.2.html","title":"G.S. 15A-173.2","publisher":"North Carolina General Assembly","accessed":"2026-10-21"}]},"employers":{"detail":"Under G.S. 15A-153(c), employers and educational institutions may not require an applicant to disclose expunged arrests, charges or convictions in an application, an interview or otherwise, and applicants don't have to mention expunged matters. The Commissioner of Labor enforces this: a written warning for a first violation, then civil penalties of up to $500 per violation. State and local law enforcement agencies are exempt, and some law enforcement and sheriff certification applicants must still disclose expunged felonies. The section doesn't create a private right to sue. We did not confirm whether any North Carolina law limits when private employers may ask about criminal history (a 'ban the box' law); we found none in the sources we reviewed.","sources":[{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-153.html","title":"G.S. 15A-153. Effect of expunction","publisher":"North Carolina General Assembly","accessed":"2026-10-21"}]},"free_help":[{"name":"Legal Aid of North Carolina, Second Chance Project","url":"https://legalaidnc.org/topics/criminal-record-expunction","type":"legal_aid","detail":"Free record review, petition drafting or representation for eligible clients; expunction files open the first full week of each month. Helpline 1-866-219-5262."},{"name":"NC Judicial Branch: Expunctions","url":"https://www.nccourts.gov/help-topics/court-records/expunctions","type":"court_self_help","detail":"Explains each expunction statute, links the petition forms by statute, and covers the $175 fee and the indigency form."}],"sources":[{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-145.5.html","title":"G.S. 15A-145.5","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-146.html","title":"G.S. 15A-146","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-153.html","title":"G.S. 15A-153","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-145.2.html","title":"G.S. 15A-145.2","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-173.2.html","title":"G.S. 15A-173.2","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/SessionLaws/HTML/2025-2026/SL2025-71.html","title":"Session Law 2025-71 (Senate Bill 311)","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.ncleg.gov/EnactedLegislation/SessionLaws/HTML/2025-2026/SL2025-93.html","title":"Session Law 2025-93 (House Bill 307)","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://ncleg.gov/EnactedLegislation/SessionLaws/HTML/2023-2024/SL2024-35.html","title":"Session Law 2024-35 (Senate Bill 565)","publisher":"North Carolina General Assembly","accessed":"2026-10-21"},{"url":"https://www.nccourts.gov/help-topics/court-records/expunctions","title":"Expunctions","publisher":"North Carolina Judicial Branch","accessed":"2026-10-21"},{"url":"https://www.nccourts.gov/assets/documents/forms/cr297-instr_4.pdf?VersionId=.6XwEyPHwrADmH9yOasbCKh.Ix0Y.rYd","title":"Instructions for AOC-CR-297","publisher":"North Carolina Administrative Office of the Courts","accessed":"2026-10-21"},{"url":"https://www.nccourts.gov/assets/documents/forms/g106.pdf","title":"AOC-G-106 Petition to Proceed as an Indigent","publisher":"North Carolina Administrative Office of the Courts","accessed":"2026-10-21"},{"url":"https://www.nccourts.gov/assets/documents/forms/cr273_0.pdf","title":"AOC-CR-273 Certificate of Relief Petition and Order","publisher":"North Carolina Administrative Office of the Courts","accessed":"2026-10-21"},{"url":"https://legalaidnc.org/topics/criminal-record-expunction","title":"Criminal record expunction","publisher":"Legal Aid of North Carolina","accessed":"2026-10-21"},{"url":"https://nccriminallaw.sog.unc.edu/2026/01/29/expunction-changes-and-updated-expunction-guide-for-2026/","title":"Expunction Changes and Updated Expunction Guide for 2026","publisher":"UNC School of Government","accessed":"2026-10-21"},{"url":"https://sog.unc.edu/resources/microsites/relief-criminal-conviction/dismissal-or-finding-not-guilty-misdemeanors-felonies-and-certain-infractions","title":"Dismissal or Finding of Not Guilty","publisher":"UNC School of Government","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"north-dakota","code":"ND","name":"North Dakota","terms":["sealing","closed records","deferred imposition of sentence"],"summary":"North Dakota seals records rather than expunging them. People can petition to seal a misdemeanor conviction after 3 years without a new conviction, or a felony after 5 years, though violent felonies (during the firearm-ban period) and registrable sex offenses are excluded and the judge decides each case. Since August 1, 2025, court records of cases where every charge was dismissed or ended in acquittal are closed automatically after 61 days, and deferred-imposition cases are dismissed and sealed when probation ends. Sealing covers court and prosecution records but not the Bureau of Criminal Investigation's criminal history record.","remedies":[{"id":"petition-to-seal","name":"Petition to seal a criminal record","type":"sealing","effect":"Sealing prohibits disclosure of the existence or contents of the court and prosecution records unless a court orders it (N.D.C.C. § 12-60.1-01(7)). Records are not destroyed, and a court can later order them disclosed. Sealing does not reach the criminal history record kept by the Bureau of Criminal Investigation (BCI) or the state's criminal justice data sharing system, because those are excluded from the chapter's definition of 'criminal record' (§ 12-60.1-01(4); court self-help guide). Every order granting sealing must say the person is sufficiently rehabilitated but remains subject to § 12.1-33-02.1 (occupational licensing), and the information must be released when an entity has a statutory obligation to run a criminal history background check (§ 12-60.1-04(8)).","covers":"Misdemeanor and felony convictions after a crime-free waiting period, and convictions covered by an unconditional pardon from the governor.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["A misdemeanor conviction (guilty plea or verdict), if you have not been convicted of a new crime for at least 3 years before filing (§ 12-60.1-02(1)(a)).","A felony conviction, if you have not been convicted of a new crime for at least 5 years before filing (§ 12-60.1-02(1)(b)).","A conviction for which the governor granted an unconditional pardon (§ 12-60.1-02(1)(c)).","To win, you must show by clear and convincing evidence that you have good cause, that the benefit to you outweighs the presumption that court records are open, that you finished all prison and probation terms, that you paid all court-ordered restitution, and that you have shown reformation (§ 12-60.1-04(1))."],"not_eligible":["A felony involving violence or intimidation, during the period you can't possess a firearm under § 62.1-02-01(1)(a); the court's guide describes that period as 10 years after conviction or release from incarceration, parole or probation, whichever is latest (§ 12-60.1-02(2)(a); self-help guide).","An offense for which you were ordered to register under § 12.1-32-15 (sex offenses and offenses against children) (§ 12-60.1-02(2)(b)).","DUI records: the court system's guides say DUI records can't be sealed under Chapter 12-60.1 and point to the separate DUI sealing law (§ 39-08-01.6).","The criminal history record at the Bureau of Criminal Investigation can't be sealed under this chapter (§ 12-60.1-01(4))."],"waiting_periods":[{"record":"Misdemeanor conviction","wait":"3 years without a new conviction before filing","detail":"All prison and probation terms must be finished and court-ordered restitution paid (§ 12-60.1-04(1))."},{"record":"Felony conviction","wait":"5 years without a new conviction before filing","detail":"Felonies involving violence or intimidation can't be sealed during the firearm-ban period under § 62.1-02-01(1)(a). A felony with a sentence of 360 days or less is 'deemed' a misdemeanor (§ 12.1-32-02(9)), but neither the sealing law nor the court's guide says whether the 3-year or 5-year wait then applies."},{"record":"Conviction with an unconditional governor's pardon","wait":"No waiting period stated","detail":"§ 12-60.1-02(1)(c) sets no separate wait for pardoned convictions."},{"record":"After a denied petition","wait":"Up to 1 year, if the district court orders it","detail":"For good cause, a district court denying a petition may bar a new petition for up to 1 year; HB 1263 (2025) cut this from 3 years, effective August 1, 2025 (§ 12-60.1-04(7)). The same law lets you appeal a district court denial; a municipal court denial can be appealed to district court (§ 12-60.1-04(6))."}],"automatic":"no","automatic_detail":null,"how_to_file":["There is no official petition form; the Legal Self Help Center says you draft your own petition and proposed order and can't get its help in criminal matters.","Write a petition in the existing criminal case listing your full name and all other names used, your addresses since the offense, the reasons it should be granted, and your full criminal history in every state, federal court and foreign country, including pending charges, deferred or stayed cases, and every earlier request for a pardon, return of arrest records, expungement or sealing (§ 12-60.1-03(2)).","File a proposed order with the petition (§ 12-60.1-03(3)); the guide says it should include the findings § 12-60.1-04 requires.","Serve the petition and proposed order on the prosecutor under N.D.R.Crim.P. 49 and file proof of service (§ 12-60.1-03(4); self-help guide).","File the documents with the clerk of the court where the case was handled. The prosecutor will seek input from law enforcement, witnesses, victims and corrections officials (§ 12-60.1-04(4)).","A hearing can't be held earlier than 45 days after filing, unless the prosecutor stipulates to sealing without one (§ 12-60.1-04(3), (5))."],"where":"The municipal court or state district court that handled the existing criminal case.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The statute sets no fee. The statewide court fee schedule (effective July 1, 2025) has no line for a petition to seal in a criminal case, and the court's guide says you may be required to pay a fee and should ask the clerk. A denial by a municipal court can be appealed to district court without a filing fee (§ 12-60.1-04(6)).","fee_waiver":"not_stated","fee_waiver_detail":"The court system's fee waiver forms cover civil filing fees under § 27-05.2-03; we found no rule on waiving a fee for a petition to seal in a criminal case. Ask the clerk."},"hearing":"sometimes","timeline":"No hearing earlier than 45 days after filing; the court's guide warns it may be much later depending on the calendar.","statute":{"cite":"N.D.C.C. §§ 12-60.1-01 to 12-60.1-04","url":"https://ndlegis.gov/cencode/t12c60-1.pdf"},"sources":[{"url":"https://ndlegis.gov/cencode/t12c60-1.pdf","title":"N.D.C.C. Chapter 12-60.1, Sealing Criminal Records (§§ 12-60.1-01 to 12-60.1-05)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Sealing%20Criminal%20Records%20Research%20Guide.pdf","title":"Sealing Criminal Records or Closing Nonconviction Court Records (N.D.C.C. Ch. 12-60.1): A Research Guide (Rev. Aug. 27, 2025)","publisher":"North Dakota Legal Self Help Center, North Dakota Court System","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/assembly/69-2025/regular/documents/25-0892-03000.pdf","title":"House Bill No. 1263 (2025), enrolled text: hearings on petitions to seal","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1263.html","title":"HB 1263 - Overview (2025 Regular Session)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/sites/default/files/resource/69-2025/effective-dates-legislation/25.9565.03000.pdf","title":"Effective Dates of 2025-26 Legislation (October 2026)","publisher":"North Dakota Legislative Council","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/cencode/t12-1c32.pdf","title":"N.D.C.C. Chapter 12.1-32, Penalties and Sentencing (§ 12.1-32-02(9))","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/district-courts/Court-Fees.pdf","title":"North Dakota Court Fee Schedule (effective July 1, 2025)","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-self-help/fee-waiver","title":"Filing Fee Waiver Forms","publisher":"North Dakota Court System","accessed":"2026-10-22"}]},{"id":"close-nonconviction-records","name":"Closing nonconviction court records","type":"sealing","effect":"A closed court record can be seen only by the clerk, a judge, the juvenile commission, criminal justice agencies, the defendant and the defendant's lawyer, the state's attorney, or anyone with a judge's written order (§ 12-60.1-01(1)). Only court records are closed; prosecution and law enforcement records are not (self-help guide; State Court Administrator's instructions). The BCI criminal history is also separate: the Attorney General says a general public record check shows dismissed charges and other non-convictions only while they are less than 3 years old.","covers":"Cases where every charge was dismissed or you were acquitted of every charge.","outcomes":["no_conviction"],"narrow":null,"eligible":["A case in which all charges were dismissed or you were acquitted of all charges (a 'nonconviction', § 12-60.1-01(5)).","Nonconviction orders entered on or after August 1, 2025 are closed automatically 61 days later (§ 12-60.1-05(1)).","Nonconviction orders entered before August 1, 2025 can be closed by petition; if you qualify, the court must enter an order within 10 days of filing (§ 12-60.1-05(2)).","The exclusions for violent felonies and registrable offenses that apply to petitions to seal don't apply here (§ 12-60.1-02(2) says 'except as provided under section 12-60.1-05')."],"not_eligible":["A dismissal that was part of a plea agreement involving a conviction on another offense (§ 12-60.1-05(3)(a)).","A case dismissed because you were found not fit to proceed under Chapter 12.1-04 (§ 12-60.1-05(3)(b)).","A not-guilty verdict because of lack of criminal responsibility under Chapter 12.1-04.1 (§ 12-60.1-05(3)(c)).","A case that was appealed (§ 12-60.1-05(3)(d)).","A case where only some charges were dismissed: 'nonconviction' means dismissal or acquittal of all charges in the case (§ 12-60.1-01(5))."],"waiting_periods":[{"record":"Dismissal or acquittal of all charges, order entered on or after August 1, 2025","wait":"61 days, then automatic","detail":"Nothing to file (§ 12-60.1-05(1))."},{"record":"Dismissal or acquittal of all charges, order entered before August 1, 2025","wait":"None","detail":"File the petition at any time; the court enters an order within 10 days if you qualify (§ 12-60.1-05(2))."}],"automatic":"some","automatic_detail":"Automatic for nonconviction orders entered on or after August 1, 2025: the court closes the court record after 61 days (§ 12-60.1-05(1), added by HB 1166 of 2025). Older cases need the short petition.","how_to_file":["For a case dismissed or acquitted on or after August 1, 2025, you don't need to do anything.","For an older case, fill out the State Court Administrator's Petition to Close Nonconviction Records and the proposed order, using the county, judicial district and case number of your criminal case.","File the original petition with the clerk of court where your criminal case is filed. The judge may require you to serve a copy on the prosecutor.","If you qualify, the court enters an order closing the record within 10 days of filing."],"where":"Clerk of the state district court or municipal court where the criminal case was filed.","forms":[{"name":"Instructions, Petition to Close Nonconviction Records, and (Proposed) Order (N.D.C.C. § 12-60.1-05)","url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Close-Nonconviction-Records.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No filing fee may be charged for the petition (§ 12-60.1-05(4)), and automatic closing costs nothing.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"Automatic closing 61 days after the order of nonconviction; for older cases, an order within 10 days after the petition is filed.","statute":{"cite":"N.D.C.C. §§ 12-60.1-01, 12-60.1-05","url":"https://ndlegis.gov/cencode/t12c60-1.pdf"},"sources":[{"url":"https://ndlegis.gov/cencode/t12c60-1.pdf","title":"N.D.C.C. Chapter 12-60.1, Sealing Criminal Records (§§ 12-60.1-01 to 12-60.1-05)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/assembly/69-2025/regular/documents/25-0400-06000.pdf","title":"House Bill No. 1166 (2025), enrolled text: closing nonconviction records","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1166.html","title":"HB 1166 - Overview (2025 Regular Session)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/sites/default/files/resource/69-2025/effective-dates-legislation/25.9565.03000.pdf","title":"Effective Dates of 2025-26 Legislation (October 2026)","publisher":"North Dakota Legislative Council","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/constit/a04.pdf","title":"Constitution of North Dakota, Article IV (§ 13, effective date of laws)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Close-Nonconviction-Records.pdf","title":"Instructions, Petition and Order to Close Nonconviction Records (N.D.C.C. § 12-60.1-05) (instructions Rev. Apr. 2026)","publisher":"North Dakota State Court Administrator's Office","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Sealing%20Criminal%20Records%20Research%20Guide.pdf","title":"Sealing Criminal Records or Closing Nonconviction Court Records (N.D.C.C. Ch. 12-60.1): A Research Guide (Rev. Aug. 27, 2025)","publisher":"North Dakota Legal Self Help Center, North Dakota Court System","accessed":"2026-10-22"},{"url":"https://attorneygeneral.nd.gov/public-safety/criminal-history-records/understanding-the-criminal-history-record-results/","title":"Understanding the Criminal History Record Results","publisher":"North Dakota Attorney General (Bureau of Criminal Investigation)","accessed":"2026-10-22"}]},{"id":"deferred-imposition-dismissal","name":"Dismissal and sealing after deferred imposition of sentence","type":"dismissal","effect":"When the deferral period ends, the guilty plea is withdrawn or the verdict set aside, the case is dismissed and the court file is sealed (N.D.R.Crim.P. 32.1). Under N.D.C.C. § 12.1-32-07.2(2), those records may be examined only by the clerk, a judge, the juvenile commissioner, probation officers, the defendant or the defendant's lawyer, and the state's attorney, or others with a judge's written order. The person is released from the penalties and disabilities of the offense, except the duty to register for sex offenses and offenses against children (§ 12.1-32-15) and the firearm ban (§ 62.1-02-01) (§ 12.1-32-07.1(2)). The deferred case can still be pleaded and proved as a prior conviction in a later prosecution (§ 12.1-32-02(4)), and the Attorney General says a dismissed deferred charge stays on general public BCI record checks for 3 years after dismissal, even if the court record was sealed.","covers":"Cases where the judge deferred imposition of sentence and probation was completed, plus prosecutions dismissed after pretrial diversion.","outcomes":["diversion"],"narrow":null,"eligible":["A judge deferred imposition of sentence and placed you on probation (§ 12.1-32-02(4)).","Your probation expired or was terminated, and no petition to revoke was filed within 60 days afterward and no bench warrant is outstanding (N.D.R.Crim.P. 32.1).","For pretrial diversion, the prosecution was suspended under a written agreement and the period ended with no pending motion to end the agreement; the court then dismisses the charge (N.D.R.Crim.P. 32.2(f))."],"not_eligible":["Some gross sexual imposition offenses can't receive a deferred imposition of sentence unless the person proves a reasonable belief about the victim's age (§ 12.1-32-04.1).","If probation is revoked, the case does not end in dismissal."],"waiting_periods":[{"record":"Deferred imposition of sentence","wait":"61 days after probation expires or is terminated","detail":"The deferral order itself must require withdrawal of the plea, dismissal and sealing at that point (N.D.R.Crim.P. 32.1)."},{"record":"Pretrial diversion","wait":"60 days after the suspension period ends","detail":"If no motion to terminate the agreement is pending (N.D.R.Crim.P. 32.2(f))."}],"automatic":"yes","automatic_detail":"Every order deferring imposition of sentence must require that, 61 days after probation ends, the plea be withdrawn or the verdict set aside, the case be dismissed and the file be sealed (N.D.R.Crim.P. 32.1). Court records of deferred imposition and pretrial diversion cases are confidential once the matter is dismissed (N.D. Sup. Ct. Admin. R. 41, § 3(b)(6)(G)).","how_to_file":["Nothing to file if probation is completed: the deferral order provides for dismissal and sealing.","Ask the clerk of court to confirm the case was dismissed and sealed if you aren't sure.","A judge may also end deferred probation early when reformation warrants it and dismiss the case (§ 12.1-32-07.1(2))."],"where":"The court that deferred imposition of sentence.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No petition or fee is needed for the dismissal and sealing built into the deferral order.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"61 days after probation ends (deferred imposition); 60 days after the suspension period ends (pretrial diversion).","statute":{"cite":"N.D.C.C. §§ 12.1-32-02(4), 12.1-32-07.1, 12.1-32-07.2; N.D.R.Crim.P. 32.1, 32.2","url":"https://ndlegis.gov/cencode/t12-1c32.pdf"},"sources":[{"url":"https://ndlegis.gov/cencode/t12-1c32.pdf","title":"N.D.C.C. Chapter 12.1-32, Penalties and Sentencing (§§ 12.1-32-02, 12.1-32-07.1, 12.1-32-07.2)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-resources/rules/ndrcrimp/32-1","title":"N.D.R.Crim.P. 32.1, Deferred Imposition of Sentence (effective Aug. 1, 2021)","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-resources/rules/ndrcrimp/32-2","title":"N.D.R.Crim.P. 32.2, Pretrial Diversion (effective Mar. 1, 2021)","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-resources/rules/ndsupctadminr/41","title":"N.D. Sup. Ct. Admin. R. 41, Access to Court Records (effective Dec. 1, 2025)","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://attorneygeneral.nd.gov/public-safety/criminal-history-records/understanding-the-criminal-history-record-results/","title":"Understanding the Criminal History Record Results","publisher":"North Dakota Attorney General (Bureau of Criminal Investigation)","accessed":"2026-10-22"}]},{"id":"dui-sealing","name":"Sealing a first DUI conviction","type":"sealing","effect":"The court seals the DUI record in the manner set out in §§ 12.1-32-07.1 and 12.1-32-07.2. Prosecutors keep access to the prior offense to enhance the penalty for a later DUI (§ 39-08-01.6(2)). The court's guide says sealing doesn't delete or destroy the records, and expungement of DUI records isn't available in North Dakota.","covers":"A first conviction for driving under the influence (§ 39-08-01 or a matching city ordinance) followed by 7 years with no other criminal offense.","outcomes":["misdemeanor"],"narrow":"First DUI only; not for commercial driver's license holders","eligible":["You pled guilty or no contest to, or were found guilty of, DUI under § 39-08-01 or an equivalent city ordinance (§ 39-08-01.6(1)(a)).","You have not pled guilty or no contest to, or been found guilty of, another DUI or any other criminal offense within 7 years of the first DUI (§ 39-08-01.6(1)(b))."],"not_eligible":["People licensed as commercial drivers under § 39-06.2-10 (§ 39-08-01.6(2)).","Anyone with a later DUI or any other criminal conviction within 7 years of the first DUI (§ 39-08-01.6(1)(b); DUI guide)."],"waiting_periods":[{"record":"First DUI conviction","wait":"7 years from the first violation with no new DUI or other criminal offense","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a written petition in your DUI case showing you meet both conditions of § 39-08-01.6(1), with any documents that prove it (DUI guide).","File with the clerk of the municipal court or district court where the DUI case is filed; ask the clerk about local procedure.","A hearing isn't required, but the judge may hold one."],"where":"The municipal court or district court that handled the DUI case.","forms":[],"cost":{"filing_fee_usd":null,"detail":"No fee is set in § 39-08-01.6 and the statewide court fee schedule lists none for this petition; ask the clerk.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"N.D.C.C. § 39-08-01.6","url":"https://ndlegis.gov/cencode/t39c08.pdf"},"sources":[{"url":"https://ndlegis.gov/cencode/t39c08.pdf","title":"N.D.C.C. Chapter 39-08 (§ 39-08-01.6, Criminal record - Seal - Exception)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Sealing-DUI-Records-Research-Guide.pdf","title":"Sealing DUI Records (N.D.C.C. § 39-08-01.6): A Research Guide (Rev. May 2024)","publisher":"North Dakota Legal Self Help Center, North Dakota Court System","accessed":"2026-10-22"}]},{"id":"marijuana-possession-sealing","name":"Sealing a first small marijuana possession conviction","type":"sealing","effect":"The court seals the court record of the conviction. Once sealed, it may not be opened even by court order (§ 19-03.1-23(9)).","covers":"A first conviction for possessing one ounce or less of marijuana, or two grams or less of THC.","outcomes":["misdemeanor"],"narrow":"First small marijuana possession only","eligible":["You pled guilty or were found guilty of a first offense of possessing 1 ounce (28.35 grams) or less of marijuana, or 2 grams or less of tetrahydrocannabinol (§ 19-03.1-23(9)).","You have not been convicted of another violation of the Controlled Substances Act (Chapter 19-03.1) within 2 years (§ 19-03.1-23(9))."],"not_eligible":["Second or later marijuana possession offenses, and possession of more than 1 ounce (§ 19-03.1-23(9)).","Anyone convicted of another Chapter 19-03.1 violation within 2 years."],"waiting_periods":[{"record":"First possession of 1 ounce or less of marijuana (or 2 grams or less of THC)","wait":"2 years without another Chapter 19-03.1 conviction","detail":"Possession of less than half an ounce is now an infraction; half an ounce to 500 grams is a class B misdemeanor (§ 19-03.1-23(7)(d))."}],"automatic":"no","automatic_detail":null,"how_to_file":["File a written motion in your existing criminal case asking the court to seal the record under § 19-03.1-23(9); see N.D.R.Crim.P. 47 for motions (expungement research guide).","Serve the motion on the prosecutor under N.D.R.Crim.P. 49.","If you qualify, the statute says the court 'shall' seal the record."],"where":"The court that handled the marijuana case.","forms":[],"cost":{"filing_fee_usd":null,"detail":"No fee is set in the statute; ask the clerk.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"N.D.C.C. § 19-03.1-23(9)","url":"https://ndlegis.gov/cencode/t19c03-1.pdf"},"sources":[{"url":"https://ndlegis.gov/cencode/t19c03-1.pdf","title":"N.D.C.C. Chapter 19-03.1, Uniform Controlled Substances Act (§ 19-03.1-23)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Other%20Forms/Expungement.pdf","title":"Expungement of Criminal Records: A Research Guide (Rev. May 2024)","publisher":"North Dakota Legal Self Help Center, North Dakota Court System","accessed":"2026-10-22"}]},{"id":"trafficking-vacate-seal","name":"Vacating and sealing convictions of human trafficking survivors","type":"vacatur","effect":"The court vacates the conviction and seals the record of conviction (§ 12.1-41-14(1)). The court's May 2024 expungement guide describes this as 'vacate and expunge'; the current statute says 'vacate the conviction and seal the record'.","covers":"Prostitution and certain other offenses committed as a direct result of being a victim of human trafficking.","outcomes":["misdemeanor","felony"],"narrow":"Human trafficking survivors only","eligible":["A conviction for prostitution, misdemeanor forgery, misdemeanor theft, insufficient funds or credit offenses, manufacture or possession of a controlled or counterfeit substance, or drug paraphernalia offenses (§§ 12.1-41-14(1), 12.1-41-12(1)).","The offense was committed as a direct result of being a victim of human trafficking. Official documentation isn't required, but documentation from a federal, state, local or tribal agency creates a presumption (§ 12.1-41-14(2))."],"not_eligible":["Offenses not on the list in § 12.1-41-12(1), other than prostitution."],"waiting_periods":[{"record":"Eligible conviction","wait":"No waiting period stated","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a motion with the court that convicted you to vacate the conviction and seal the record (§ 12.1-41-14(1)).","The motion, any hearing and any relief follow the Uniform Postconviction Procedure Act, Chapter 29-32.1 (§ 12.1-41-14(3))."],"where":"The court that entered the conviction.","forms":[],"cost":{"filing_fee_usd":null,"detail":"Not stated in the statute.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"N.D.C.C. § 12.1-41-14","url":"https://ndlegis.gov/cencode/t12-1c41.pdf"},"sources":[{"url":"https://ndlegis.gov/cencode/t12-1c41.pdf","title":"N.D.C.C. Chapter 12.1-41, Human Trafficking (§§ 12.1-41-12, 12.1-41-14)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Other%20Forms/Expungement.pdf","title":"Expungement of Criminal Records: A Research Guide (Rev. May 2024)","publisher":"North Dakota Legal Self Help Center, North Dakota Court System","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":"2025-08-01","detail":"North Dakota has no broad Clean Slate law for convictions, but two kinds of records are cleared without a petition. Since August 1, 2025, when a court enters an order dismissing or acquitting all charges in a case, the court closes the court record 61 days later (N.D.C.C. § 12-60.1-05(1), added by House Bill 1166 of 2025; North Dakota laws take effect on the August 1 after they are filed with the Secretary of State, and the Legislative Council lists HB 1166 as effective August 1, 2025). Cases decided before that date need a free petition. Separately, every order deferring imposition of sentence must provide that 61 days after probation ends the plea is withdrawn, the case dismissed and the file sealed (N.D.R.Crim.P. 32.1, in effect since August 1, 2021). Neither process changes the BCI criminal history record: the Attorney General says dismissed charges, including dismissed deferred charges, stay on general public record checks for 3 years.","sources":[{"url":"https://ndlegis.gov/cencode/t12c60-1.pdf","title":"N.D.C.C. Chapter 12-60.1, Sealing Criminal Records (§§ 12-60.1-01 to 12-60.1-05)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/assembly/69-2025/regular/documents/25-0400-06000.pdf","title":"House Bill No. 1166 (2025), enrolled text: closing nonconviction records","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1166.html","title":"HB 1166 - Overview (2025 Regular Session)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/sites/default/files/resource/69-2025/effective-dates-legislation/25.9565.03000.pdf","title":"Effective Dates of 2025-26 Legislation (October 2026)","publisher":"North Dakota Legislative Council","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/constit/a04.pdf","title":"Constitution of North Dakota, Article IV (§ 13, effective date of laws)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Close-Nonconviction-Records.pdf","title":"Instructions, Petition and Order to Close Nonconviction Records (N.D.C.C. § 12-60.1-05) (instructions Rev. Apr. 2026)","publisher":"North Dakota State Court Administrator's Office","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-resources/rules/ndrcrimp/32-1","title":"N.D.R.Crim.P. 32.1, Deferred Imposition of Sentence (effective Aug. 1, 2021)","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-resources/rules/ndsupctadminr/41","title":"N.D. Sup. Ct. Admin. R. 41, Access to Court Records (effective Dec. 1, 2025)","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://attorneygeneral.nd.gov/public-safety/criminal-history-records/understanding-the-criminal-history-record-results/","title":"Understanding the Criminal History Record Results","publisher":"North Dakota Attorney General (Bureau of Criminal Investigation)","accessed":"2026-10-22"}]},"marijuana":{"detail":"A first conviction for possessing 1 ounce or less of marijuana (or 2 grams or less of THC) must be sealed on motion if the person has no other Controlled Substances Act conviction within 2 years; once sealed, the record can't be opened even by court order (N.D.C.C. § 19-03.1-23(9)). Possessing less than half an ounce is now an infraction (§ 19-03.1-23(7)(d)). A person convicted of a misdemeanor under § 19-03.1-23 who is sentenced to and completes treatment court, mental health court or a veterans treatment docket has the case dismissed and the file sealed (§ 19-03.1-23(11)). Separately, the Pardon Advisory Board accepts a Summary Pardon Application from people convicted of misdemeanor possession of marijuana, ingestion of marijuana or possession of marijuana paraphernalia who have had no other criminal conviction in the past 5 years; people with any felony conviction must use the regular application. The Board meets twice a year (April 9 and November 19, 2026), and applications are due 90 days before a meeting. A conviction covered by an unconditional pardon can then be sealed by petition (§ 12-60.1-02(1)(c)).","sources":[{"url":"https://ndlegis.gov/cencode/t19c03-1.pdf","title":"N.D.C.C. Chapter 19-03.1, Uniform Controlled Substances Act (§ 19-03.1-23)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Other%20Forms/Expungement.pdf","title":"Expungement of Criminal Records: A Research Guide (Rev. May 2024)","publisher":"North Dakota Legal Self Help Center, North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.docr.nd.gov/pardon-advisory-board","title":"Pardon Advisory Board","publisher":"North Dakota Department of Corrections and Rehabilitation","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/cencode/t12c60-1.pdf","title":"N.D.C.C. Chapter 12-60.1, Sealing Criminal Records (§§ 12-60.1-01 to 12-60.1-05)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"}]},"non_conviction":{"detail":"If every charge in a case was dismissed or you were acquitted of every charge, the court record is closed automatically 61 days after an order entered on or after August 1, 2025. For older cases, file the free Petition to Close Nonconviction Records; if you qualify, the court must enter an order within 10 days (N.D.C.C. § 12-60.1-05). This doesn't apply to a dismissal that was part of a plea deal with a conviction on another charge, a dismissal for unfitness to proceed, an acquittal for lack of criminal responsibility, or a case that was appealed. Only court records are closed, not prosecution or police records. A defendant whose charges were dismissed or who was acquitted can also ask the court to block remote internet access to the electronic case record under Administrative Rule 41; the record stays available in person at the courthouse. On BCI's general public record check, dismissed charges and other non-convictions appear only while less than 3 years old, but they stay visible on licensing checks and to law enforcement (N.D.C.C. § 12-60-16.6; Attorney General).","sources":[{"url":"https://ndlegis.gov/cencode/t12c60-1.pdf","title":"N.D.C.C. Chapter 12-60.1, Sealing Criminal Records (§§ 12-60.1-01 to 12-60.1-05)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Close-Nonconviction-Records.pdf","title":"Instructions, Petition and Order to Close Nonconviction Records (N.D.C.C. § 12-60.1-05) (instructions Rev. Apr. 2026)","publisher":"North Dakota State Court Administrator's Office","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Sealing%20Criminal%20Records%20Research%20Guide.pdf","title":"Sealing Criminal Records or Closing Nonconviction Court Records (N.D.C.C. Ch. 12-60.1): A Research Guide (Rev. Aug. 27, 2025)","publisher":"North Dakota Legal Self Help Center, North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-resources/rules/ndsupctadminr/41","title":"N.D. Sup. Ct. Admin. R. 41, Access to Court Records (effective Dec. 1, 2025)","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-self-help/prohibit-public-access","title":"Public Access to Court Case Records & Recordings","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/cencode/t12c60.pdf","title":"N.D.C.C. Chapter 12-60, Bureau of Criminal Investigation (§§ 12-60-16.1, 12-60-16.6)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://attorneygeneral.nd.gov/public-safety/criminal-history-records/understanding-the-criminal-history-record-results/","title":"Understanding the Criminal History Record Results","publisher":"North Dakota Attorney General (Bureau of Criminal Investigation)","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"A first DUI conviction can be sealed under N.D.C.C. § 39-08-01.6 if you have not been convicted of another DUI or any other criminal offense within 7 years of the first violation. Commercial driver's license holders are excluded, and prosecutors keep access to the prior offense to enhance a later DUI. The court system's guides say DUI records can't be sealed under the general Chapter 12-60.1 petition and that expungement of DUI records isn't available. File a written petition in the DUI case; a hearing isn't required, but the judge may hold one.","sources":[{"url":"https://ndlegis.gov/cencode/t39c08.pdf","title":"N.D.C.C. Chapter 39-08 (§ 39-08-01.6, Criminal record - Seal - Exception)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Sealing-DUI-Records-Research-Guide.pdf","title":"Sealing DUI Records (N.D.C.C. § 39-08-01.6): A Research Guide (Rev. May 2024)","publisher":"North Dakota Legal Self Help Center, North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Sealing%20Criminal%20Records%20Research%20Guide.pdf","title":"Sealing Criminal Records or Closing Nonconviction Court Records (N.D.C.C. Ch. 12-60.1): A Research Guide (Rev. Aug. 27, 2025)","publisher":"North Dakota Legal Self Help Center, North Dakota Court System","accessed":"2026-10-22"}]},"employers":{"detail":"Sealed records are not fully hidden from employers: every sealing order must say the person is subject to § 12.1-33-02.1, and the information is released when an entity has a statutory obligation to run a criminal history background check (N.D.C.C. § 12-60.1-04(8)). Sealing under Chapter 12-60.1 also doesn't reach the criminal history record reported to BCI (§ 12-60.1-01(4); court self-help guide), and the Attorney General says the general public record check, which landlords and private employers use, shows convictions regardless of age (see also § 12-60-16.6). For state occupational licenses, a conviction alone can't disqualify you; an agency may deny a license only if you aren't sufficiently rehabilitated or the offense directly bears on the job, and 5 years after final discharge without a new conviction is prima facie evidence of rehabilitation (§ 12.1-33-02.1). Public employers (the state, counties, cities and their agencies, including park districts but not school districts) may not ask about or consider criminal history until an applicant is selected for an interview, with exceptions for the Department of Corrections and employers required to run background checks (§ 12.1-33-02.2). We found no North Dakota fair-chance law covering private employers.","sources":[{"url":"https://ndlegis.gov/cencode/t12c60-1.pdf","title":"N.D.C.C. Chapter 12-60.1, Sealing Criminal Records (§§ 12-60.1-01 to 12-60.1-05)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/cencode/t12c60.pdf","title":"N.D.C.C. Chapter 12-60, Bureau of Criminal Investigation (§§ 12-60-16.1, 12-60-16.6)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://attorneygeneral.nd.gov/public-safety/criminal-history-records/understanding-the-criminal-history-record-results/","title":"Understanding the Criminal History Record Results","publisher":"North Dakota Attorney General (Bureau of Criminal Investigation)","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/cencode/t12-1c33.pdf","title":"N.D.C.C. Chapter 12.1-33, Rights of Convicts (§§ 12.1-33-02.1, 12.1-33-02.2)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"}]},"free_help":[{"name":"North Dakota Legal Self Help Center","url":"https://www.ndcourts.gov/legal-self-help","type":"court_self_help","detail":"Research guides on sealing, DUI sealing and expungement, and the free petition to close nonconviction records; it can't help with criminal court processes."},{"name":"Legal Services of North Dakota","url":"https://www.lsnd.org/","type":"legal_aid","detail":"Free civil legal help for low-income and older North Dakotans; apply at 1-800-634-5263 (under 60) or 1-866-621-9886 (60+). Ask whether they can help with sealing."},{"name":"North Dakota Pardon Advisory Board","url":"https://www.docr.nd.gov/pardon-advisory-board","type":"state_agency","detail":"Pardon applications, including the Summary Pardon Application for misdemeanor marijuana offenses."},{"name":"North Dakota Attorney General: Criminal History Records","url":"https://attorneygeneral.nd.gov/public-safety/criminal-history-records","type":"state_agency","detail":"Request your own BCI criminal history record and see what public record checks show."}],"sources":[{"url":"https://ndlegis.gov/cencode/t12c60-1.pdf","title":"N.D.C.C. Chapter 12-60.1, Sealing Criminal Records (§§ 12-60.1-01 to 12-60.1-05)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/assembly/69-2025/regular/documents/25-0400-06000.pdf","title":"House Bill No. 1166 (2025), enrolled text: closing nonconviction records","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1166.html","title":"HB 1166 - Overview (2025 Regular Session)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/assembly/69-2025/regular/documents/25-0892-03000.pdf","title":"House Bill No. 1263 (2025), enrolled text: hearings on petitions to seal","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1263.html","title":"HB 1263 - Overview (2025 Regular Session)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/sites/default/files/resource/69-2025/effective-dates-legislation/25.9565.03000.pdf","title":"Effective Dates of 2025-26 Legislation (October 2026)","publisher":"North Dakota Legislative Council","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/assembly/69-2025/special-2/documents/25-1453-07000.pdf","title":"House Bill No. 1628 (September 2026 special session), enrolled text: kratom penalties, § 19-03.1-23(7)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/constit/a04.pdf","title":"Constitution of North Dakota, Article IV (§ 13, effective date of laws)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/cencode/t12-1c32.pdf","title":"N.D.C.C. Chapter 12.1-32, Penalties and Sentencing (§§ 12.1-32-02, 12.1-32-07.1, 12.1-32-07.2)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/cencode/t12-1c33.pdf","title":"N.D.C.C. Chapter 12.1-33, Rights of Convicts (§§ 12.1-33-02.1, 12.1-33-02.2)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/cencode/t12c60.pdf","title":"N.D.C.C. Chapter 12-60, Bureau of Criminal Investigation (§§ 12-60-16.1, 12-60-16.6)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/cencode/t12-1c41.pdf","title":"N.D.C.C. Chapter 12.1-41, Human Trafficking (§§ 12.1-41-12, 12.1-41-14)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/cencode/t19c03-1.pdf","title":"N.D.C.C. Chapter 19-03.1, Uniform Controlled Substances Act (§ 19-03.1-23)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://ndlegis.gov/cencode/t39c08.pdf","title":"N.D.C.C. Chapter 39-08 (§ 39-08-01.6, Criminal record - Seal - Exception)","publisher":"North Dakota Legislative Branch","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Sealing%20Criminal%20Records%20Research%20Guide.pdf","title":"Sealing Criminal Records or Closing Nonconviction Court Records (N.D.C.C. Ch. 12-60.1): A Research Guide (Rev. Aug. 27, 2025)","publisher":"North Dakota Legal Self Help Center, North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Close-Nonconviction-Records.pdf","title":"Instructions, Petition and Order to Close Nonconviction Records (N.D.C.C. § 12-60.1-05) (instructions Rev. Apr. 2026)","publisher":"North Dakota State Court Administrator's Office","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/other-forms/Sealing-DUI-Records-Research-Guide.pdf","title":"Sealing DUI Records (N.D.C.C. § 39-08-01.6): A Research Guide (Rev. May 2024)","publisher":"North Dakota Legal Self Help Center, North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Other%20Forms/Expungement.pdf","title":"Expungement of Criminal Records: A Research Guide (Rev. May 2024)","publisher":"North Dakota Legal Self Help Center, North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-self-help","title":"Legal Self Help Center","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-resources/rules/ndrcrimp/32-1","title":"N.D.R.Crim.P. 32.1, Deferred Imposition of Sentence (effective Aug. 1, 2021)","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-resources/rules/ndrcrimp/32-2","title":"N.D.R.Crim.P. 32.2, Pretrial Diversion (effective Mar. 1, 2021)","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-resources/rules/ndsupctadminr/41","title":"N.D. Sup. Ct. Admin. R. 41, Access to Court Records (effective Dec. 1, 2025)","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-self-help/prohibit-public-access","title":"Public Access to Court Case Records & Recordings","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/Media/Default/district-courts/Court-Fees.pdf","title":"North Dakota Court Fee Schedule (effective July 1, 2025)","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://www.ndcourts.gov/legal-self-help/fee-waiver","title":"Filing Fee Waiver Forms","publisher":"North Dakota Court System","accessed":"2026-10-22"},{"url":"https://attorneygeneral.nd.gov/public-safety/criminal-history-records/understanding-the-criminal-history-record-results/","title":"Understanding the Criminal History Record Results","publisher":"North Dakota Attorney General (Bureau of Criminal Investigation)","accessed":"2026-10-22"},{"url":"https://www.docr.nd.gov/pardon-advisory-board","title":"Pardon Advisory Board","publisher":"North Dakota Department of Corrections and Rehabilitation","accessed":"2026-10-22"},{"url":"https://www.lsnd.org/","title":"Legal Services of North Dakota","publisher":"Legal Services of North Dakota","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"ohio","code":"OH","name":"Ohio","terms":["sealing","expungement","certificate of qualification for employment"],"summary":"Ohio lets people apply to seal (hide) or expunge (destroy) many misdemeanor and third-, fourth- and fifth-degree felony convictions, with waits as short as 6 months to 3 years for sealing and 11 to 13 years for expunging felonies. Charges that were dismissed or ended in not guilty can be sealed at any time with no fee, and most can also be expunged. First- and second-degree felonies, felony offenses of violence, sex offenses while registration is still required, and traffic offenses, including OVI, can't be cleared. Ohio has no automatic sealing; a Certificate of Qualification for Employment can lift some job and licensing barriers without clearing the record.","remedies":[{"id":"conviction-sealing","name":"Sealing a conviction record","type":"sealing","effect":"Records are moved to a separate file rather than destroyed, index references are deleted, and the proceedings are considered not to have occurred (R.C. 2953.32(D)(2)). Law enforcement and government officials can still access sealed records for new investigations, and employers in fields such as law enforcement, schools and health care can still see them (Supreme Court of Ohio). The Bureau of Motor Vehicles keeps traffic points (Ohio Legislative Service Commission).","covers":"Misdemeanors and third-, fourth- and fifth-degree felonies that aren't excluded.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Misdemeanors, and third-, fourth- and fifth-degree felonies, that aren't on the exclusion list.","A third-degree felony if the person has no more than one other felony conviction; with two third-degree felonies, no more than two other convictions, and those must be misdemeanors.","Third- or fourth-degree misdemeanor domestic violence, and protection order violations under R.C. 2919.27 (sealing only, not expungement) (R.C. 2953.32(A)(2)).","Sex offenses that required registration, 5 years after registration duties end.","The person must have reached 'final discharge' (finished any jail or prison, probation, post-release control or parole, and paid fines and restitution) and have no pending criminal case, including warrants and traffic cases. Unpaid court costs don't automatically disqualify, but the court may consider them (Ohio Legal Help)."],"not_eligible":["Traffic offenses under R.C. Chapters 4506, 4507, 4510, 4511 and 4549 (or similar local ordinances), including OVI and driving under suspension (R.C. 2953.32(A)(1)(a)).","First- and second-degree felonies.","Felony offenses of violence that aren't sexually oriented offenses, including felony domestic violence.","First- and second-degree misdemeanor domestic violence.","Offenses where the victim was under 13, except non-support.","Sex offenses while the person is still required to register.","Theft in office (R.C. 2921.41).","Third-degree felonies beyond the limits above."],"waiting_periods":[{"record":"Minor misdemeanor","wait":"6 months after final discharge","detail":null},{"record":"Misdemeanor","wait":"1 year after final discharge","detail":null},{"record":"Fourth- or fifth-degree felony","wait":"1 year after final discharge","detail":null},{"record":"Third-degree felony","wait":"3 years after final discharge","detail":null},{"record":"Soliciting improper compensation (R.C. 2921.43)","wait":"7 years","detail":null},{"record":"Sex offense that required registration","wait":"5 years after registration duties expire or end","detail":null},{"record":"More than one conviction","wait":"The longest applicable waiting period","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Get the sealing application from the clerk of the court where you were convicted; each court has its own forms. One application can cover several cases from the same court.","File with the clerk of that court and pay the fee, or file a Poverty Affidavit to ask to proceed without paying.","Some courts require you to serve the prosecutor's office; others do it for you.","The court sets a hearing 45 to 90 days after filing and notifies the prosecutor at least 60 days before it. The prosecutor or a victim may object at least 30 days before the hearing.","Attend the hearing. The judge decides whether you've been rehabilitated and whether the government's need to keep the record outweighs your interest in sealing it."],"where":"Clerk of the court where the conviction happened (municipal or county court for misdemeanors, court of common pleas for felonies).","forms":[{"name":"Poverty Affidavit (Ohio Legal Help)","url":"https://www.ohiolegalhelp.org/letters-forms/poverty-affidavit"}],"cost":{"filing_fee_usd":50,"detail":"$50 application fee (R.C. 2953.32), the same no matter how many records, plus a possible local court fee of up to $50. Cases from different courts need separate applications and fees.","fee_waiver":"yes","fee_waiver_detail":"The fee is excused if you file a poverty affidavit showing you are indigent (R.C. 2953.32). The sources we reviewed don't clearly say whether the separate local court fee is also excused, so ask the clerk."},"hearing":"yes","timeline":"Hearing 45 to 90 days after filing; Ohio Legal Help says that if approved, sealing can take at least six more weeks.","statute":{"cite":"Ohio Rev. Code § 2953.32","url":"https://codes.ohio.gov/ohio-revised-code/section-2953.32"},"sources":[{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.32","title":"Ohio Rev. Code § 2953.32 (effective September 30, 2025, H.B. 96)","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf","title":"Adult Rights Restoration & Record Sealing (revised June 2026)","publisher":"Supreme Court of Ohio","accessed":"2026-10-21"},{"url":"https://lsc.ohio.gov/assets/organizations/legislative-service-commission/files/sealing-or-expunging-a-conviction.pdf","title":"Sealing or Expunging a Conviction (Members Brief, Nov. 21, 2024)","publisher":"Ohio Legislative Service Commission","accessed":"2026-10-21"},{"url":"https://ohiolegalhelp.org/topic/seal-criminal-record","title":"Seal or expunge a criminal record","publisher":"Ohio Legal Help","accessed":"2026-10-21"},{"url":"https://www.courtclerk.org/self-help-resources/record-sealingexpungement/","title":"Record Sealing/Expungement","publisher":"Hamilton County Clerk of Courts","accessed":"2026-10-21"}]},{"id":"conviction-expungement","name":"Expunging a conviction record","type":"expungement","effect":"Records are destroyed, deleted or erased so they are permanently irretrievable, and the proceedings are considered not to have occurred. The Ohio Bureau of Criminal Investigation keeps a record only to check eligibility for law enforcement jobs (R.C. 2953.32(D)(5)).","covers":"The same convictions that can be sealed, except third- and fourth-degree misdemeanor domestic violence and protection order violations, which can only be sealed.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Misdemeanors and third-, fourth- and fifth-degree felonies that are eligible for sealing, after the longer expungement waiting period.","The same final-discharge and no-pending-case requirements as sealing."],"not_eligible":["Everything that can't be sealed (including all traffic offenses and OVI).","Third- and fourth-degree misdemeanor domestic violence and protection order violations (seal only)."],"waiting_periods":[{"record":"Minor misdemeanor","wait":"6 months after final discharge","detail":null},{"record":"Misdemeanor","wait":"1 year after final discharge","detail":null},{"record":"Fourth- or fifth-degree felony","wait":"11 years after final discharge","detail":"10 years after the record became eligible for sealing."},{"record":"Third-degree felony","wait":"13 years after final discharge","detail":"10 years after the record became eligible for sealing."},{"record":"Soliciting improper compensation (R.C. 2921.43)","wait":"17 years","detail":null},{"record":"Sex offense that required registration","wait":"15 years after registration duties expire or end","detail":"Ohio Legislative Service Commission brief; 10 years after the record became eligible for sealing."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get the expungement application from the clerk of the court where you were convicted (some courts use one packet for sealing and expungement).","File with the clerk and pay the fee or file a Poverty Affidavit.","Attend the hearing, which the court sets 45 to 90 days after filing."],"where":"Clerk of the court where the conviction happened.","forms":[{"name":"Poverty Affidavit (Ohio Legal Help)","url":"https://www.ohiolegalhelp.org/letters-forms/poverty-affidavit"}],"cost":{"filing_fee_usd":50,"detail":"$50 application fee plus a possible local court fee of up to $50.","fee_waiver":"yes","fee_waiver_detail":"The fee is excused with a poverty affidavit showing you are indigent (R.C. 2953.32); ask the clerk whether the local court fee is also excused."},"hearing":"yes","timeline":null,"statute":{"cite":"Ohio Rev. Code § 2953.32","url":"https://codes.ohio.gov/ohio-revised-code/section-2953.32"},"sources":[{"url":"https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf","title":"Adult Rights Restoration & Record Sealing (revised June 2026)","publisher":"Supreme Court of Ohio","accessed":"2026-10-21"},{"url":"https://lsc.ohio.gov/assets/organizations/legislative-service-commission/files/sealing-or-expunging-a-conviction.pdf","title":"Sealing or Expunging a Conviction (Members Brief, Nov. 21, 2024)","publisher":"Ohio Legislative Service Commission","accessed":"2026-10-21"},{"url":"https://ohiolegalhelp.org/topic/seal-criminal-record","title":"Seal or expunge a criminal record","publisher":"Ohio Legal Help","accessed":"2026-10-21"}]},{"id":"non-conviction-sealing-expungement","name":"Sealing or expunging dismissed charges, acquittals and no bills","type":"sealing","effect":"The records are sealed (hidden) or expunged (destroyed), and the proceedings are considered not to have occurred. Officers involved in the case (for related civil actions) and prosecutors (to check pretrial diversion eligibility) can still access sealed dismissal records (R.C. 2953.34(H), per the Supreme Court of Ohio).","covers":"Not-guilty findings, dismissed charges, grand jury no bills, completed intervention in lieu of conviction, and pardoned convictions.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["Not-guilty findings, dismissals and completed intervention in lieu of conviction (ILC), at any time.","Grand jury 'no bill' findings, 2 years after the finding.","People who received a pardon (sealing only, not expungement) (R.C. 2953.33(A)(3)).","Since September 30, 2025 (H.B. 96), the list of convictions that can't be sealed no longer applies to these non-conviction records, so a dismissed or no-billed charge for an excluded offense (for example OVI or domestic violence) can be sealed (R.C. 2953.32(A)(1); Ohio LSC analysis of H.B. 96)."],"not_eligible":["Anyone with a pending criminal case.","A dismissed charge in a case that also has a conviction, unless that conviction can also be sealed, or is a single traffic conviction other than OVI and the person doesn't hold a commercial driver's license (R.C. 2953.61).","Expungement (not sealing) of a dismissed or no-billed charge involving traffic offenses under Chapters 4506, 4507, 4510, 4511 or 4549 (including OVI), felony offenses of violence, first- or second-degree felonies, domestic violence, protection order violations, a victim under 13, some sex offenses and some third-degree felonies; these can only be sealed (R.C. 2953.33(C)(1))."],"waiting_periods":[{"record":"Not guilty, dismissal, or completed ILC","wait":"None","detail":null},{"record":"Grand jury no bill","wait":"2 years after the finding","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Get the non-conviction application from the clerk of the court where the charge was filed; file one application per court.","File with the clerk. There is no fee for non-conviction applications.","Attend any hearing the court schedules."],"where":"Clerk of the court where the charge was filed.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No fee to seal or expunge a dismissed, not-guilty or no-billed charge (Ohio Legal Help; Hamilton County Clerk of Courts).","fee_waiver":"not_stated","fee_waiver_detail":"No fee applies, so no waiver is needed."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Ohio Rev. Code §§ 2953.33, 2953.61","url":"https://codes.ohio.gov/ohio-revised-code/section-2953.33"},"sources":[{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.33","title":"Ohio Rev. Code § 2953.33","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.61","title":"Ohio Rev. Code § 2953.61","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://www.lsc.ohio.gov/assets/legislation/136/hb96/in/files/hb96-jsc-bill-analysis-as-introduced-136th-general-assembly.pdf","title":"H.B. 96 (136th GA) Bill Analysis, Judiciary/Supreme Court, 'Sealing and expungement' (p. 304)","publisher":"Ohio Legislative Service Commission","accessed":"2026-10-21"},{"url":"https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf","title":"Adult Rights Restoration & Record Sealing (revised June 2026)","publisher":"Supreme Court of Ohio","accessed":"2026-10-21"},{"url":"https://ohiolegalhelp.org/topic/seal-criminal-record","title":"Seal or expunge a criminal record","publisher":"Ohio Legal Help","accessed":"2026-10-21"},{"url":"https://www.courtclerk.org/self-help-resources/record-sealingexpungement/","title":"Record Sealing/Expungement","publisher":"Hamilton County Clerk of Courts","accessed":"2026-10-21"}]},{"id":"prosecutor-initiated-drug-sealing","name":"Prosecutor-initiated sealing or expungement of low-level drug misdemeanors","type":"sealing","effect":"Same effect as sealing or expungement of a conviction.","covers":"Fourth-degree and minor misdemeanor drug offenses under R.C. Chapter 2925 (or similar municipal ordinances).","outcomes":["misdemeanor"],"narrow":"Low-level drug misdemeanors only","eligible":["A fourth-degree misdemeanor or minor misdemeanor drug conviction under Chapter 2925 or a substantially equivalent municipal ordinance.","The court must find rehabilitation satisfactory and that the government's need to keep the record doesn't outweigh the person's interest."],"not_eligible":["Anyone with pending charges.","Higher-level drug offenses (use the regular application instead)."],"waiting_periods":[{"record":"Fourth-degree misdemeanor drug offense","wait":"1 year after final discharge","detail":null},{"record":"Minor misdemeanor drug offense","wait":"6 months after final discharge","detail":null}],"automatic":"no","automatic_detail":"The prosecutor, not the person, starts this process, so it can happen without the person filing. It isn't automatic: it depends on the prosecutor applying.","how_to_file":["The prosecutor applies to the sentencing court and must notify you at least 60 days before the hearing; you may object. The hearing is held 45 to 90 days after filing.","You can also use the regular sealing or expungement application yourself."],"where":"The court where the conviction happened.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The prosecutor who applies pays a fee of up to $50, including court fees; the person whose record it is doesn't file or pay (R.C. 2953.39).","fee_waiver":"yes","fee_waiver_detail":"The court may waive all or part of the fee."},"hearing":"yes","timeline":null,"statute":{"cite":"Ohio Rev. Code § 2953.39","url":"https://codes.ohio.gov/ohio-revised-code/section-2953.39"},"sources":[{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.39","title":"Ohio Rev. Code § 2953.39","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf","title":"Adult Rights Restoration & Record Sealing (revised June 2026)","publisher":"Supreme Court of Ohio","accessed":"2026-10-21"}]},{"id":"cqe","name":"Certificate of Qualification for Employment (CQE)","type":"certificate","effect":"The conviction stays on the record, but most automatic legal bars to jobs and licenses tied to it are lifted. A CQE doesn't mean you'll get a job or license, and a later felony conviction revokes it.","covers":"People with felony or misdemeanor convictions who face one or more collateral sanctions (automatic legal barriers) in employment or licensing.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Anyone with a felony or misdemeanor conviction who faces one or more collateral sanctions.","Approval is presumed once 3 years have passed since final release on a felony, or 1 year on a misdemeanor; it can then be denied only on clear and convincing evidence of no rehabilitation."],"not_eligible":["It doesn't relieve sex offender registration requirements, certain driver's license suspensions, bars on employment as a prosecutor or in law enforcement or pain clinics, and some health care licensing bars."],"waiting_periods":[{"record":"Felony with jail or prison time","wait":"1 year after release from incarceration for the offense","detail":"R.C. 2953.25 (version effective September 23, 2026). The Department of Rehabilitation and Correction may allow earlier filing by rule."},{"record":"Felony without incarceration","wait":"1 year after final release from all other sanctions","detail":null},{"record":"Misdemeanor","wait":"6 months after release from local incarceration and any post-release supervision, or 6 months after final release from all sanctions if not incarcerated","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Fill out the petition on the form prescribed by the Department of Rehabilitation and Correction's division of parole and community services.","If you served a state prison term or time in a department-funded program, file with the department's designee. Otherwise, file with the court of common pleas in your county of residence (or, if you live out of state, a county where you were convicted) or with the department's designee.","The court reviews the petition, your criminal history and any prosecutor or victim filings, and decides within 60 days of receiving a complete petition."],"where":"Department of Rehabilitation and Correction designee or a court of common pleas; a common pleas judge decides.","forms":[],"cost":{"filing_fee_usd":50,"detail":"$50 application fee, plus a possible local court fee of up to $50 (R.C. 2953.25).","fee_waiver":"yes","fee_waiver_detail":"The court or department designee may waive all or part of the application fee for an applicant who files a poverty affidavit."},"hearing":"not_stated","timeline":"The court must decide within 60 days of receiving a completed petition, unless the applicant asks for more time.","statute":{"cite":"Ohio Rev. Code § 2953.25","url":"https://codes.ohio.gov/ohio-revised-code/section-2953.25"},"sources":[{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.25","title":"Ohio Rev. Code § 2953.25 (effective September 23, 2026, H.B. 268)","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf","title":"Adult Rights Restoration & Record Sealing (revised June 2026)","publisher":"Supreme Court of Ohio","accessed":"2026-10-21"}]},{"id":"marijuana-possession-expungement","name":"Expungement of marijuana and hashish possession records","type":"expungement","effect":"Records are destroyed or erased so they are permanently irretrievable. The proceedings are considered not to have occurred, the records can't be used for any purpose (including criminal records checks under R.C. 109.572), and you may reply that no record exists (R.C. 2953.321).","covers":"Convictions and dismissed charges from before March 20, 2026 for low-level marijuana possession and certain hashish possession of 15 grams or less.","outcomes":["no_conviction","misdemeanor"],"narrow":"Marijuana or hashish possession only","eligible":["A conviction, guilty plea or dismissed charge from before March 20, 2026 for possession of marijuana under R.C. 2925.11(C)(3)(a).","A conviction, guilty plea or dismissed charge from before March 20, 2026 for possession of hashish under R.C. 2925.11(C)(7)(a) or (b), or (C)(7)(c) or (d) involving not more than 15 grams of hashish."],"not_eligible":["Other drug offenses, and marijuana offenses not listed in R.C. 2925.11(C)(3)(a) or (C)(7) (use the regular sealing or expungement application if eligible)."],"waiting_periods":[{"record":"Eligible marijuana or hashish possession record","wait":"None; you may apply any time on or after March 20, 2026","detail":null}],"automatic":"no","automatic_detail":"You must apply; it isn't automatic.","how_to_file":["File an application with the court where you were sentenced (or where the charge was filed), identifying the offense, its date and the court, with evidence that you qualify.","The court sets a hearing 45 to 90 days after filing and notifies the prosecutor, who may object.","The court orders expungement unless the government's need to keep the records substantially outweighs your interest in expungement."],"where":"The court where the case was heard.","forms":[],"cost":{"filing_fee_usd":50,"detail":"$50 application fee (R.C. 2953.321).","fee_waiver":"yes","fee_waiver_detail":"The fee doesn't apply if you are indigent."},"hearing":"yes","timeline":"Hearing 45 to 90 days after filing.","statute":{"cite":"Ohio Rev. Code § 2953.321 (S.B. 56, 136th GA, effective March 20, 2026)","url":"https://codes.ohio.gov/ohio-revised-code/section-2953.321"},"sources":[{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.321","title":"Ohio Rev. Code § 2953.321","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://www.legislature.ohio.gov/legislation/136/sb56","title":"S.B. 56 (136th GA): Revise medical and adult-use marijuana laws","publisher":"Ohio General Assembly","accessed":"2026-10-22"}]}],"clean_slate":{"status":"none","effective":null,"detail":"Ohio doesn't seal records automatically; people have to apply (or, for low-level drug misdemeanors, the prosecutor can apply). Two bills would change that or add new routes, and neither is law as of October 21, 2026: House Bill 5 (136th General Assembly) passed the Ohio House on May 21, 2025 but the legislature's page shows no Senate passage; as passed by the House, it would add a second, application-based sealing process 5 years after current eligibility, a 10-year expungement process, and change the general expungement wait to 7 years after final discharge. Senate Bill 418 ('Grow Act'), as introduced, would have the Bureau of Criminal Identification and Investigation identify eligible records monthly for state-initiated sealing starting 3 years after it takes effect; the legislature's page shows it still in Senate committee.","sources":[{"url":"https://www.legislature.ohio.gov/legislation/136/hb5","title":"H.B. 5 (136th GA) status","publisher":"Ohio General Assembly","accessed":"2026-10-22"},{"url":"https://www.legislature.ohio.gov/legislation/136/sb418","title":"S.B. 418 (136th GA) status","publisher":"Ohio General Assembly","accessed":"2026-10-22"},{"url":"https://www.legislature.ohio.gov//download?key=25882","title":"Bill Analysis, H.B. 5 (136th GA), As Passed by the House","publisher":"Ohio Legislative Service Commission","accessed":"2026-10-22"},{"url":"https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/sb418/00_IN/pdf/","title":"S.B. 418 (136th GA), As Introduced","publisher":"Ohio General Assembly","accessed":"2026-10-22"},{"url":"https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf","title":"Adult Rights Restoration & Record Sealing (revised June 2026)","publisher":"Supreme Court of Ohio","accessed":"2026-10-21"}]},"marijuana":{"detail":"Since March 20, 2026 (S.B. 56), people convicted of, or with a dismissed charge for, marijuana possession under R.C. 2925.11(C)(3)(a) or hashish possession under R.C. 2925.11(C)(7) (15 grams or less for (C)(7)(c) and (d)) before that date can apply at any time to have the records expunged, for a $50 fee that doesn't apply to indigent applicants; the court holds a hearing and grants it unless the government's need for the records substantially outweighs the person's interest (R.C. 2953.321). It isn't automatic. Prosecutor-initiated sealing under R.C. 2953.39 also covers fourth-degree and minor misdemeanor drug convictions under Chapter 2925, and other drug misdemeanors and lower-level drug felonies can be sealed through the regular application if they aren't otherwise excluded.","sources":[{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.321","title":"Ohio Rev. Code § 2953.321","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.39","title":"Ohio Rev. Code § 2953.39","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf","title":"Adult Rights Restoration & Record Sealing (revised June 2026)","publisher":"Supreme Court of Ohio","accessed":"2026-10-21"}]},"non_conviction":{"detail":"Dismissed charges, not-guilty findings and completed intervention in lieu of conviction can be sealed or expunged at any time under R.C. 2953.33; grand jury no bills after 2 years. Pardoned convictions can be sealed but not expunged. There's no filing fee (Ohio Legal Help). Since September 30, 2025 (H.B. 96), the conviction exclusion list no longer applies to these records, but a dismissed or no-billed charge for an excluded offense, such as OVI or another traffic offense, domestic violence, a protection order violation, a felony offense of violence or a first- or second-degree felony, can only be sealed, not expunged (R.C. 2953.33(C)(1)). A pending criminal case blocks relief, and a dismissed charge in a case that also has a conviction generally can't be sealed unless the conviction can be too (or is a single non-OVI traffic conviction and the person doesn't hold a commercial driver's license) (R.C. 2953.61).","sources":[{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.33","title":"Ohio Rev. Code § 2953.33","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.61","title":"Ohio Rev. Code § 2953.61","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf","title":"Adult Rights Restoration & Record Sealing (revised June 2026)","publisher":"Supreme Court of Ohio","accessed":"2026-10-21"},{"url":"https://ohiolegalhelp.org/topic/seal-criminal-record","title":"Seal or expunge a criminal record","publisher":"Ohio Legal Help","accessed":"2026-10-21"},{"url":"https://www.courtclerk.org/self-help-resources/record-sealingexpungement/","title":"Record Sealing/Expungement","publisher":"Hamilton County Clerk of Courts","accessed":"2026-10-21"}]},"dui":{"eligible":"no","detail":"An OVI (Ohio's term for DUI) conviction can't be sealed or expunged: convictions under R.C. Chapters 4506, 4507, 4510, 4511 (which includes OVI) and 4549 are excluded (R.C. 2953.32(A)(1)(a); the Supreme Court of Ohio describes this as all traffic offenses, including OVI). An OVI conviction in the same case also blocks sealing of the case's dismissed charges (R.C. 2953.61). A dismissed or no-billed OVI charge can be sealed but not expunged (R.C. 2953.33(C)(1)); since September 30, 2025 the conviction exclusion list no longer applies to non-conviction records. A CQE may ease some job barriers but doesn't clear the record.","sources":[{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.32","title":"Ohio Rev. Code § 2953.32","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.33","title":"Ohio Rev. Code § 2953.33","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.61","title":"Ohio Rev. Code § 2953.61","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf","title":"Adult Rights Restoration & Record Sealing (revised June 2026)","publisher":"Supreme Court of Ohio","accessed":"2026-10-21"},{"url":"https://www.courtclerk.org/self-help-resources/record-sealingexpungement/","title":"Record Sealing/Expungement","publisher":"Hamilton County Clerk of Courts","accessed":"2026-10-21"},{"url":"https://lsc.ohio.gov/assets/organizations/legislative-service-commission/files/sealing-or-expunging-a-conviction.pdf","title":"Sealing or Expunging a Conviction","publisher":"Ohio Legislative Service Commission","accessed":"2026-10-21"}]},"employers":{"detail":"Once a record is sealed or expunged, the proceedings are considered not to have occurred (R.C. 2953.32(D)(2)). Sealed records can still be seen by employers with legal access, such as in law enforcement, schools and health care, and expunged records are kept by the Bureau of Criminal Investigation only for law enforcement hiring checks (Supreme Court of Ohio). State licensing authorities are limited in denying initial licenses based on convictions or vague 'moral character' criteria (R.C. 9.79). Expunged marijuana possession records under R.C. 2953.321 can't be used for criminal records checks, and the person may reply that no record exists. A CQE lifts most automatic employment and licensing bars. We did not confirm the statute on what private employers may ask about sealed records, or whether Ohio has a 'ban the box' rule covering private employers.","sources":[{"url":"https://codes.ohio.gov/ohio-revised-code/section-9.79","title":"Ohio Rev. Code § 9.79","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.321","title":"Ohio Rev. Code § 2953.321","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf","title":"Adult Rights Restoration & Record Sealing (revised June 2026)","publisher":"Supreme Court of Ohio","accessed":"2026-10-21"},{"url":"https://lsc.ohio.gov/assets/organizations/legislative-service-commission/files/sealing-or-expunging-a-conviction.pdf","title":"Sealing or Expunging a Conviction","publisher":"Ohio Legislative Service Commission","accessed":"2026-10-21"}]},"free_help":[{"name":"Ohio Legal Help: Seal or expunge a criminal record","url":"https://ohiolegalhelp.org/topic/seal-criminal-record","type":"legal_aid","detail":"Statewide legal aid site with an eligibility screen, a Poverty Affidavit, hearing tips, and links to local legal aid clinics."},{"name":"Supreme Court of Ohio: Adult Rights Restoration & Record Sealing","url":"https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf","type":"court_self_help","detail":"Court-published guide (revised June 2026) to sealing, expungement, CQEs and pardons."},{"name":"Hamilton County Clerk of Courts: Record Sealing/Expungement","url":"https://www.courtclerk.org/self-help-resources/record-sealingexpungement/","type":"court_self_help","detail":"Applications, waiting periods and fees for Hamilton County courts; lists free help from the Ohio Justice and Policy Center and the county public defender."}],"sources":[{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.32","title":"Ohio Rev. Code § 2953.32 (effective September 30, 2025)","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.33","title":"Ohio Rev. Code § 2953.33","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.321","title":"Ohio Rev. Code § 2953.321 (effective March 20, 2026)","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://codes.ohio.gov/ohio-revised-code/section-2953.25","title":"Ohio Rev. Code § 2953.25 (effective September 23, 2026)","publisher":"Ohio Legislative Service Commission (Ohio Laws)","accessed":"2026-10-21"},{"url":"https://www.lsc.ohio.gov/assets/legislation/136/hb96/in/files/hb96-jsc-bill-analysis-as-introduced-136th-general-assembly.pdf","title":"H.B. 96 (136th GA) Bill Analysis, Judiciary/Supreme Court","publisher":"Ohio Legislative Service Commission","accessed":"2026-10-21"},{"url":"https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf","title":"Adult Rights Restoration & Record Sealing (revised June 2026)","publisher":"Supreme Court of Ohio","accessed":"2026-10-21"},{"url":"https://lsc.ohio.gov/assets/organizations/legislative-service-commission/files/sealing-or-expunging-a-conviction.pdf","title":"Sealing or Expunging a Conviction (Members Brief, Nov. 21, 2024)","publisher":"Ohio Legislative Service Commission","accessed":"2026-10-21"},{"url":"https://ohiolegalhelp.org/topic/seal-criminal-record","title":"Seal or expunge a criminal record","publisher":"Ohio Legal Help","accessed":"2026-10-21"},{"url":"https://www.courtclerk.org/self-help-resources/record-sealingexpungement/","title":"Record Sealing/Expungement","publisher":"Hamilton County Clerk of Courts","accessed":"2026-10-21"},{"url":"https://www.legislature.ohio.gov//download?key=25882","title":"Bill Analysis, H.B. 5 (136th GA), As Passed by the House","publisher":"Ohio Legislative Service Commission","accessed":"2026-10-22"},{"url":"https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/sb418/00_IN/pdf/","title":"S.B. 418 (136th GA), As Introduced","publisher":"Ohio General Assembly","accessed":"2026-10-22"}],"last_verified":"2026-10-21"},{"slug":"oklahoma","code":"OK","name":"Oklahoma","terms":["expungement","sealing","Clean Slate","deferred sentence","pardon"],"summary":"In Oklahoma, \"expungement\" means sealing records, not destroying them. People can petition a district court under 22 O.S. § 18 to expunge arrests without charges, acquittals, dismissals, completed deferred sentences, many misdemeanor convictions and some felony convictions, after waits of up to 10 years; felonies on the violent crime list need the 10-year route, and 85% crimes and sex-registration offenses are excluded unless pardoned. A 2026 law (SB 2030, in effect since July 1, 2026) replaced the unbuilt 2022 Clean Slate process: OSBI must open an online request portal by November 1, 2026 and begin sealing eligible records automatically by November 1, 2027.","remedies":[{"id":"section-18-expungement","name":"Expungement by petition (Section 18)","type":"expungement","effect":"In Oklahoma, expungement means sealing, not destruction (22 O.S. §§ 18, 19). Once the court orders records sealed, the arrest and case are treated as never having occurred, and you and criminal justice agencies may reply to an inquiry that no such record exists (§ 19). Since July 1, 2026 (SB 2030), records cleared for acquittals, reversals, DNA exoneration, arrests with no charges, pardons for offenses committed under 18 and non-deferred dismissals are fully sealed: not available to the public or to law enforcement, kept only for OSBI research. Records cleared after deferred sentences, convictions, adult pardons, identity theft and reclassified felonies are partially sealed: hidden from the public but available to law enforcement. Cleared deferred and conviction records (paragraphs 8-14) can be used to prove a prior conviction or deferred judgment in a later prosecution (§ 18(D)). Sealed records can still be used at a hearing or trial to impeach a witness or as character evidence, and prosecutors, police, OSBI or other interested parties can later ask the court to unseal them for a change of conditions or a compelling reason (§ 19). OSBI says your FBI record is expunged as well, but fingerprints are kept.","covers":"Arrests without charges, acquittals, dismissals, completed deferred sentences, many misdemeanor convictions, some felony convictions after a wait, pardoned convictions and identity-theft arrests.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":null,"eligible":["You were acquitted, or your conviction was reversed on appeal and dismissed, or DNA evidence later established your factual innocence (22 O.S. § 18(A)(1)-(3)).","You were arrested and no charges were filed, and the statute of limitations has run or the prosecutor declined to file (§ 18(A)(5)).","All charges were dismissed (other than after a deferred sentence), you have never been convicted of a felony, nothing is pending, and the time to refile has run or the prosecutor confirms no refiling (§ 18(A)(7)).","A misdemeanor was dismissed after you completed a deferred sentence, 1 year has passed, you have no felony conviction and nothing is pending (§ 18(A)(8)).","A nonviolent felony (not on the 57 O.S. § 571 violent crime list) was dismissed after a deferred sentence, 5 years have passed, you have no felony conviction and nothing is pending (§ 18(A)(9)).","Up to two felony charges were dismissed after deferred sentences, none an 85% crime under 21 O.S. § 13.1 or a sex-registration offense, 10 years have passed and nothing is pending (§ 18(A)(14)).","A misdemeanor conviction with only a fine under $501 that has been paid, with no felony conviction and nothing pending (§ 18(A)(10)).","A misdemeanor conviction with jail, a suspended sentence or a fine over $500, 5 years after the end of your last misdemeanor sentence, with no felony conviction and nothing pending (§ 18(A)(11)).","One nonviolent felony conviction, 5 years after completing the sentence, with no other felony, no separate misdemeanor conviction in the last 7 years and nothing pending (§ 18(A)(12)).","Up to two felony convictions, none an 85% crime under 21 O.S. § 13.1 or a sex-registration offense, 10 years after completing the sentence, with nothing pending (§ 18(A)(13)).","A nonviolent felony conviction later reclassified as a misdemeanor under Oklahoma law, 30 days after the sentence ended, with restitution paid and any ordered treatment completed (§ 18(A)(16)).","A full pardon from the Governor, including a pardon for an offense committed before age 18 (§ 18(A)(4), (A)(6)); or an arrest or charge caused by someone else using your identity (§ 18(A)(15)).","Offenses from the same transaction or occurrence count as one conviction for the misdemeanor and felony conviction routes (§ 18(C)). An offense that has already been expunged doesn't count as a prior offense (§ 19)."],"not_eligible":["Felonies on the violent crime list in 57 O.S. § 571 (for example robbery, first-degree burglary, assault and battery with a dangerous weapon, child abuse, rape, certain domestic abuse felonies and some eluding offenses) can't use the one-nonviolent-felony routes (§ 18(A)(9), (A)(12), (A)(16)).","Crimes listed in 21 O.S. § 13.1 (85% crimes such as murder, first-degree manslaughter, robbery with a dangerous weapon, first-degree rape, first-degree burglary, child abuse and human trafficking) and offenses that require registration under the Sex Offenders Registration Act can't use the two-felony routes (§ 18(A)(13)-(14)). Most of these crimes are also on the violent crime list, so for most of them a full pardon is the only route (§ 18(A)(4)).","People with more than two felony convictions, unless pardoned.","Anyone with pending felony or misdemeanor charges, for most routes.","Misdemeanor conviction routes and the dismissal and deferred routes for paragraphs 7-9 require that you have never been convicted of a felony.","Your driving record (Service Oklahoma's Motor Vehicle Report) is not subject to expungement (47 O.S. § 6-117(D)).","The court can deny the petition even when you qualify if it finds the public interest in keeping the records outweighs the harm to your privacy; prosecutors, the arresting agency and OSBI may object (§ 19; OSBI FAQ)."],"waiting_periods":[{"record":"Acquittal, or conviction reversed on appeal and dismissed","wait":"None","detail":"22 O.S. § 18(A)(1)-(2)."},{"record":"Arrest with no charges filed","wait":"Once the statute of limitations has run or the prosecutor has declined to file charges","detail":"§ 18(A)(5)."},{"record":"All charges dismissed (not after a deferred sentence)","wait":"Once the statute of limitations for refiling has run or the prosecutor confirms the charges won't be refiled","detail":"You must never have been convicted of a felony and have no pending charges (§ 18(A)(7))."},{"record":"Misdemeanor dismissed after a deferred sentence","wait":"1 year after the dismissal","detail":"No felony conviction ever and no pending charges (§ 18(A)(8))."},{"record":"Nonviolent felony dismissed after a deferred sentence","wait":"5 years after the dismissal","detail":"The felony can't be on the violent crime list in 57 O.S. § 571; no felony conviction ever and no pending charges (§ 18(A)(9))."},{"record":"Up to two felony charges dismissed after deferred sentences","wait":"10 years after the dismissal","detail":"None can be an 85% crime under 21 O.S. § 13.1 or a sex-registration offense; no pending charges (§ 18(A)(14))."},{"record":"Misdemeanor conviction with only a fine under $501 (no jail or suspended sentence)","wait":"None once the fine is paid or satisfied by time served","detail":"No felony conviction and no pending charges (§ 18(A)(10))."},{"record":"Misdemeanor conviction with jail, a suspended sentence or a fine over $500","wait":"5 years after the end of the last misdemeanor sentence","detail":"No felony conviction and no pending charges (§ 18(A)(11))."},{"record":"One nonviolent felony conviction","wait":"5 years after completing the sentence","detail":"No other felony conviction, no separate misdemeanor conviction in the last 7 years, no pending charges, and the felony is not on the 57 O.S. § 571 violent crime list (§ 18(A)(12))."},{"record":"Up to two felony convictions","wait":"10 years after completing the sentence","detail":"None can be an 85% crime under 21 O.S. § 13.1 or a sex-registration offense; no pending charges (§ 18(A)(13))."},{"record":"Nonviolent felony later reclassified as a misdemeanor","wait":"30 days after the sentence was completed or commuted","detail":"Not serving a sentence anywhere, restitution paid in full and any court-ordered treatment completed (§ 18(A)(16)); the statutory forms in § 18a can be used."},{"record":"Full pardon from the Governor","wait":"None after the pardon","detail":"§ 18(A)(4) and (A)(6). If you qualify through a full pardon under § 18(A)(4) (or DNA exoneration under § 18(A)(3)), you may ask for the hearing to be set within 30 days of filing, with at least 10 days' notice to the agencies (§ 19, as amended by HB 2235 in 2025)."}],"automatic":"no","automatic_detail":"A petition and court order are needed. Some of the same records can also be cleared without a petition through the Clean Slate process added in 2026; see that route.","how_to_file":["Get your Oklahoma criminal history from OSBI (name-based search $15, fingerprint-based $19; online through OSBI's CHIRP portal or by mail, fax or in person) and the court records for each case.","Match each case to a category in 22 O.S. § 18(A) and check the waiting period. OSBI cannot pre-approve you.","File a petition in the district court of the county where the arrest records are located. Several offenses in the same county can go in one petition, but each county needs its own petition (§ 19; OSBI FAQ).","The court sets a hearing and gives at least 30 days' notice to the prosecutor, the arresting agency and OSBI; OKLaw.org says you serve the petition on each of them before the hearing.","Go to the hearing. The judge decides whether the harm to your privacy or the danger of unwarranted adverse consequences outweighs the public interest in keeping the records.","If granted, send certified copies of the order to OSBI with the $150 processing fee (cashier's check or money order) and to the other agencies in the order. OSBI does not notify you when it's done, so request your record later to confirm."],"where":"District court in the county where the arrest records are located; OSBI processes the order for the state criminal history file.","forms":[{"name":"Statutory Petition and Order to Expunge Records (22 O.S. § 18a, for nonviolent felonies later reclassified as misdemeanors)","url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf"}],"cost":{"filing_fee_usd":null,"detail":"The court clerk's filing fee is not set out in § 18 and varies; ask the clerk in your county. To clear your arrest record, OSBI charges a $150 processing fee for each expungement order, paid before it processes the order (74 O.S. § 150.12(J)); OSBI takes cashier's checks or money orders, not personal checks, and local law enforcement agencies may charge their own fees (OSBI FAQ). For DNA exoneration cases, the $150 fee is waived (74 O.S. § 150.12(J)) and the court must order filing fees and court costs reimbursed (22 O.S. § 19).","fee_waiver":"not_stated","fee_waiver_detail":"Oklahoma's statute for civil cases lets a person who can't afford fees file an affidavit in forma pauperis (28 O.S. § 152(H)), but we did not confirm that clerks treat expungement petitions as civil cases for this purpose. The $150 OSBI fee has no low-income waiver in the statute. OKLaw.org points low-income applicants to Legal Aid Services of Oklahoma."},"hearing":"yes","timeline":"The hearing is set with at least 30 days' notice (or, on request, within 30 days of filing for DNA exoneration or full-pardon cases under § 18(A)(3)-(4)). OSBI says sealing usually takes about a month after it receives the certified order and the fee.","statute":{"cite":"22 O.S. §§ 18, 19 (as amended by SB 2030, 2026)","url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf"},"sources":[{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","title":"Oklahoma Statutes Title 22 (Criminal Procedure), complete title PDF, including §§ 18, 18a, 19, 19a, 19c and 991c (file dated December 31, 2025; does not yet show 2026 changes)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/SB/SB2030%20ENR.PDF","title":"Enrolled Senate Bill 2030 (2026): amends 22 O.S. §§ 18 and 19, adds §§ 18b and 19d; effective July 1, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20SUPPORT%20DOCUMENTS/BILLSUM/House/SB2030%20ENGR%20BILLSUM.PDF","title":"Bill summary, SB 2030 (engrossed version, April 9, 2026)","publisher":"Oklahoma House of Representatives","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/hB/HB2235%20ENR.PDF","title":"Enrolled House Bill 2235 (2025): amends 22 O.S. § 19 (hearing within 30 days for DNA exoneration or pardon)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/osbi/services/information-services-division/disposition-services-unit/criminal-history-record-expungement.html","title":"Criminal History Record Expungement (FAQ)","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/osbi/services/information-services-division/criminal-history-reporting-unit/how-to-request-a-background-check.html","title":"How to Request a Criminal History Background Check","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://oklaw.org/resource/expungement-q-a","title":"Expungements in Oklahoma (Q&A; page dated October 30, 2023)","publisher":"OKLaw.org (Legal Aid Services of Oklahoma)","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os57.pdf","title":"Oklahoma Statutes Title 57, § 571 (definition of violent crime)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","title":"Oklahoma Statutes Title 21, § 13.1 (offenses requiring 85% of sentence)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","title":"Oklahoma Statutes Title 74, § 150.12(J) ($150 OSBI expungement fee)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os28.pdf","title":"Oklahoma Statutes Title 28, § 152 (civil filing fees and affidavit in forma pauperis)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","title":"Oklahoma Statutes Title 47, § 6-117(D) (Motor Vehicle Report not subject to expungement)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"}]},{"id":"clean-slate-portal-and-automatic","name":"Clean Slate expungement without a court petition","type":"expungement","effect":"Records cleared this way are partially sealed: hidden from the public but still available to law enforcement, and usable to prove a prior conviction or deferred judgment in a later prosecution (22 O.S. § 18b(D)-(E), added by SB 2030). The district court still signs an order, numbered with the prefix 'AE', which is not a public record (§ 19d(F)). Clearing a pardoned conviction can also seal the Pardon and Parole Board's records about the pardon application from the public (§ 18b(E)).","covers":"Oklahoma records from 1980 or later made up only of qualifying offenses: non-convictions, pardons, identity-theft arrests, misdemeanor deferred dismissals, misdemeanor convictions and felony drug-possession convictions after 5 years.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":null,"eligible":["The record arose on or after January 1, 1980, and every offense in it fits one of the categories below (22 O.S. § 18b(A)(1)).","Acquittals, convictions reversed on appeal, DNA exonerations, full pardons, pardons for offenses committed under 18, and arrests or charges caused by identity theft (§ 18(A)(1)-(4), (6), (15)).","An arrest where the prosecutor declined to file charges, if your record is an Oklahoma 'single-source' record (§ 18b(A)(1)(b)).","Charges that were all dismissed, or a misdemeanor dismissed at least 1 year ago after a deferred sentence, if the record is single-source and the other conditions of § 18(A)(7) or (8) are met (§ 18b(A)(1)(c)).","A felony drug-possession conviction under 63 O.S. § 2-402(A)(1), if you are not serving a sentence in Oklahoma, 5 years have passed since your last felony or misdemeanor sentence ended, and the record is single-source (§ 18b(A)(1)(d)).","A misdemeanor conviction, if you have no felony conviction, nothing is pending, 5 years have passed since your last misdemeanor sentence ended, and the record is single-source (§ 18b(A)(1)(e)).","The online request portal also takes nonviolent felonies later reclassified as misdemeanors (§ 19d(A), referring to § 18 paragraph 16)."],"not_eligible":["A record that isn't 'single-source' where that's required: it has an arrest from another state, a federal arrest, an entry in the National Sex Offender Registry or an NCIC wanted/warrant entry (§ 18b(A)(3)).","Records with any offense outside the listed categories, such as other felony convictions or felony deferred dismissals; those still need a petition under § 18.","Records from before January 1, 1980 (§ 18b(A)(1)).","In the automatic process, the prosecutor, the arresting agency or OSBI can object within 45 days if they believe the record isn't eligible, court-ordered restitution hasn't been paid, or they have a reasonable, fact-based belief you are continuing to engage in criminal activity (§ 19d(E)). In the portal process, the arresting and prosecuting agencies review the record, and a request is rejected if any of them finds it ineligible (§ 19d(C))."],"waiting_periods":[{"record":"Misdemeanor conviction","wait":"5 years after the end of the last misdemeanor sentence","detail":"OSBI judges whether a sentence has ended using the imposed sentence length in its own records (§ 18b(C))."},{"record":"Felony drug-possession conviction (63 O.S. § 2-402(A)(1))","wait":"5 years after the end of the last felony or misdemeanor sentence","detail":"§ 18b(A)(1)(d)."},{"record":"Misdemeanor dismissed after a deferred sentence","wait":"1 year after the dismissal","detail":"Through § 18(A)(8), which also requires no felony conviction and no pending charges."},{"record":"Non-conviction records, pardons and identity-theft arrests","wait":"None","detail":"Dismissals still depend on the limitations period or the prosecutor confirming no refiling (§ 18(A)(7))."}],"automatic":"some","automatic_detail":"SB 2030 (2026), in effect since July 1, 2026, replaced the 2022 automatic process that was never fully built. It makes Clean Slate eligible records eligible for sealing without a court petition 'subject to the availability of funds' (§ 18b(B)). By November 1, 2026, OSBI must open a public online portal for 'expedited expungement requests' that asks only for identifying and contact information; OSBI checks its records, asks the arresting agency and prosecutor to review, sends eligible cases to the district court, and tells you when the record is sealed or why it was rejected (§ 19d(A)-(C)). On or before November 1, 2027, OSBI must start finding and sealing eligible records automatically, with no request, and all eligible electronic records must be cleared before November 1, 2029 on a schedule OSBI sets (§ 19d(D)). As of October 22, 2026, we did not find the portal on OSBI's website.","how_to_file":["Check whether every offense on your record fits the categories above and whether your record is Oklahoma-only (OSBI's CHIRP portal sells copies of your record).","When OSBI's online portal opens (required by November 1, 2026), submit an expedited expungement request with your identifying and contact information.","If OSBI or an agency finds the record ineligible, OSBI must send you the reasons; you can still petition the district court under § 19 (§ 19d(C), (G)).","From November 1, 2027, OSBI must begin sealing eligible records without a request. Questions can go to cleanslate@osbi.ok.gov or 405-879-2641 (OSBI Clean Slate page)."],"where":"Oklahoma State Bureau of Investigation (online portal and automatic review); orders are signed by the district court.","forms":[],"cost":{"filing_fee_usd":null,"detail":"SB 2030 does not set a fee for the portal or the automatic process. The separate OSBI fee law, which SB 2030 did not amend, says all expungement orders presented to OSBI must come with a $150 payment from the person whose record is cleared (74 O.S. § 150.12(J)); we could not confirm whether OSBI will charge it for portal or automatic expungements.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"Portal due by November 1, 2026; automatic sealing to begin by November 1, 2027, with eligible electronic records cleared before November 1, 2029. In the automatic process agencies have 45 days to object; if one objects, the court may hold a hearing with 30 days' notice (§ 19d(E)).","statute":{"cite":"22 O.S. §§ 18b, 19d (SB 2030, 2026)","url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/SB/SB2030%20ENR.PDF"},"sources":[{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/SB/SB2030%20ENR.PDF","title":"Enrolled Senate Bill 2030 (2026): amends 22 O.S. §§ 18 and 19, adds §§ 18b and 19d; effective July 1, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/BillInfo.aspx?Bill=SB2030&Session=2600","title":"Bill information for SB 2030 (2026 Regular Session): approved by the Governor May 11, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20SUPPORT%20DOCUMENTS/BILLSUM/House/SB2030%20ENGR%20BILLSUM.PDF","title":"Bill summary, SB 2030 (engrossed version, April 9, 2026)","publisher":"Oklahoma House of Representatives","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/osbi/services/information-services-division/clean-slate-initiative.html","title":"Clean Slate Initiative","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/content/dam/ok/en/osbi/documents/expungements/2025-9-22_Clean%20Slate%20Eligibility%20by%20Category.pdf","title":"Clean Slate Eligibility by Category (September 22, 2025)","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","title":"Oklahoma Statutes Title 63, §§ 2-402 and 2-410 (drug possession; first-offense conditional discharge)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"}]},{"id":"deferred-sentence-expungement","name":"Expungement after a deferred sentence (Section 991c)","type":"expungement","effect":"When you finish a deferred sentence, the court discharges you without a judgment of guilt, orders your guilty or no-contest plea expunged and dismisses the charge with prejudice. Your name is removed from the docket sheet and the public index, and the clerk keeps a confidential index (22 O.S. § 991c(D)). The records are sealed to the public but not to law enforcement and can be used to prove a prior deferred judgment in a later prosecution. OSBI says your state record then shows the case as 'pled not guilty, case dismissed', but the arrest stays on your record until you get a Section 18 expungement.","covers":"Pleas and charges in cases that ended with a completed deferred sentence (deferred judgment).","outcomes":["diversion"],"narrow":null,"eligible":["You completed all conditions of the deferred sentence and paid all fines, fees and assessments as ordered, and the court finds the conditions were met (22 O.S. § 991c(D)).","Deferred sentences are generally available only to people with no prior felony conviction and no more than one felony deferred judgment in the previous 10 years, unless the prosecutor applies for a waiver (§ 991c(H)).","The rule applies to older deferred sentences too (§ 991c(E))."],"not_eligible":["Deferred sentences are not available for offenses that require registration under the Sex Offenders Registration Act (§ 991c(I)).","This step does not remove the arrest record. To seal the arrest, petition under § 18(A)(8) (misdemeanor, after 1 year), § 18(A)(9) (nonviolent felony, after 5 years) or § 18(A)(14) (up to two felonies, after 10 years) (§ 991c(D)(5); OSBI FAQ)."],"waiting_periods":[{"record":"Completed deferred sentence","wait":"None after completion and payment","detail":"Deferral periods can last up to 7 years (§ 991c(A))."}],"automatic":"some","automatic_detail":"The statute says the court shall order the plea expunged once it finds you met the conditions and paid what was ordered (§ 991c(D)). We did not find official instructions on whether you must ask for this; check your court docket and OSBI record after you finish.","how_to_file":["Finish every condition of the deferred sentence and pay all fines, fees and assessments.","Make sure the court has entered the order discharging you, expunging the plea and dismissing the charge; ask the court clerk if you're not sure.","Check your OSBI record afterward. To seal the arrest itself, file a Section 18 petition once you meet its waiting period."],"where":"The district court that gave the deferred sentence.","forms":[],"cost":{"filing_fee_usd":null,"detail":"OSBI says expunging your court record is free and charges $150 only to expunge your arrest record; OKLaw.org says a judge can grant a 991c expungement at no cost to you.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"22 O.S. § 991c","url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf"},"sources":[{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","title":"Oklahoma Statutes Title 22 (Criminal Procedure), complete title PDF, including §§ 18, 18a, 19, 19a, 19c and 991c (file dated December 31, 2025; does not yet show 2026 changes)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/osbi/services/information-services-division/disposition-services-unit/criminal-history-record-expungement.html","title":"Criminal History Record Expungement (FAQ)","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://oklaw.org/resource/expungement-q-a","title":"Expungements in Oklahoma (Q&A; page dated October 30, 2023)","publisher":"OKLaw.org (Legal Aid Services of Oklahoma)","accessed":"2026-10-22"}]},{"id":"trafficking-survivor-expungement","name":"Expungement for human trafficking survivors","type":"expungement","effect":"The court may order law enforcement and court records expunged for a prostitution-related charge or conviction that resulted from the person being a victim of human trafficking. The order follows the notice requirements and procedures of § 19 (22 O.S. § 19c); § 19c does not say whether the records are fully or partially sealed.","covers":"Prostitution-related charges or convictions that happened because the person was a victim of human trafficking.","outcomes":["no_conviction","misdemeanor","felony"],"narrow":"Human trafficking survivors only","eligible":["A charge or conviction for a prostitution-related offense committed as a result of having been a victim of human trafficking, with good cause shown (22 O.S. § 19c).","The court can act on its own motion or on the person's petition."],"not_eligible":["Offenses that are not prostitution-related (§ 19c)."],"waiting_periods":[{"record":"Prostitution-related charge or conviction","wait":"No waiting period stated","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a petition in the court that handled the case, explaining how the offense resulted from being trafficked.","The order is subject to the notice requirements and procedures of 22 O.S. § 19."],"where":"The district court that handled the charge or conviction.","forms":[],"cost":{"filing_fee_usd":null,"detail":"No fee is set in § 19c. If OSBI processes the order, its $150 fee under 74 O.S. § 150.12(J) may apply; we did not confirm.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"22 O.S. § 19c","url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf"},"sources":[{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","title":"Oklahoma Statutes Title 22 (Criminal Procedure), complete title PDF, including §§ 18, 18a, 19, 19a, 19c and 991c (file dated December 31, 2025; does not yet show 2026 changes)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","title":"Oklahoma Statutes Title 74, § 150.12(J) ($150 OSBI expungement fee)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"}]},{"id":"identity-theft-expungement","name":"Expungement after identity theft","type":"expungement","effect":"Records of an arrest, charge or warrant caused by someone else using your name or identification can be sealed. Records sealed by court order under § 18(A)(15) are partially sealed: hidden from the public but available to law enforcement (22 O.S. § 18(D)).","covers":"Arrests, charges or warrants caused by someone else using your name or identification without your consent.","outcomes":["no_conviction"],"narrow":"Identity theft victims only","eligible":["When a court dismisses a charge because it finds you were arrested or charged because another person used your name or identification without consent, that court may order the law enforcement and court records expunged, on its own motion or on motion of the prosecutor or you (22 O.S. § 19a).","You can also petition under § 18(A)(15) if you were charged, arrested or named in a warrant for a crime someone else committed using your identity.","These records are on the Clean Slate list, so they can also go through the OSBI request portal once it opens (§ 18b(A)(1)(a))."],"not_eligible":[],"waiting_periods":[{"record":"Arrest or charge caused by identity theft","wait":"None","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Ask the court dismissing the charge to order expungement under § 19a, or file a Section 18 petition in the county where the records are.","OSBI also runs an Identity Theft Passport Program for victims of identity theft (22 O.S. § 19b)."],"where":"The court that dismissed the charge, or the district court of the county where the records are located.","forms":[],"cost":{"filing_fee_usd":null,"detail":"No specific fee is set for § 19a. OSBI's $150 fee applies to expungement orders it processes (74 O.S. § 150.12(J)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"22 O.S. §§ 18(A)(15), 19a","url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf"},"sources":[{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","title":"Oklahoma Statutes Title 22 (Criminal Procedure), complete title PDF, including §§ 18, 18a, 19, 19a, 19c and 991c (file dated December 31, 2025; does not yet show 2026 changes)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/SB/SB2030%20ENR.PDF","title":"Enrolled Senate Bill 2030 (2026): amends 22 O.S. §§ 18 and 19, adds §§ 18b and 19d; effective July 1, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","title":"Oklahoma Statutes Title 74, § 150.12(J) ($150 OSBI expungement fee)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"}]},{"id":"pardon-then-expungement","name":"Governor's pardon (then expungement)","type":"pardon","effect":"A pardon is granted by the Governor after a Pardon and Parole Board hearing and a favorable majority recommendation. The Board says a pardon does not clear a record by itself, but a full pardon makes the conviction eligible for Section 18 expungement, including offenses that are otherwise excluded (22 O.S. § 18(A)(4)). The expunged record is partially sealed, and the Board's pardon-application records can be sealed from the public too (§ 18(D)).","covers":"Oklahoma felony and non-traffic misdemeanor convictions, including convictions no other route reaches.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["A conviction for an Oklahoma felony or misdemeanor, or a municipal conviction for a crime of moral turpitude involving alcohol or an illegal drug offense (Pardon and Parole Board).","You have discharged all sentences, including supervision, or completed five consecutive years of parole or probation right before applying with no new offenses.","All fines, fees, restitution and court costs are paid, and you have no new or pending charges, warrants, detainers, tax liens or child support arrears.","After a full pardon, you may petition to expunge the conviction under § 18(A)(4), and you can ask for the hearing to be set within 30 days (§ 19)."],"not_eligible":["Traffic misdemeanor convictions (Pardon and Parole Board).","People currently in jail or prison, or recently considered for a pardon (the Board's pardon page says within the previous 3 years; its FAQ says 12 months).","Federal and out-of-state convictions; the Governor can pardon only Oklahoma convictions."],"waiting_periods":[{"record":"Any eligible conviction","wait":"After all sentences are discharged, or after 5 consecutive years of parole or probation","detail":"After a prior pardon consideration, the Board's pardon page says you must wait 3 years; its FAQ says 12 months. Ask the Board which applies."}],"automatic":"no","automatic_detail":"The pardon needs an application. Expungement of a pardoned conviction is also on the Clean Slate list, so it can go through the OSBI request portal once it opens (§ 18b(A)(1)(a)).","how_to_file":["Apply online through the Pardon and Parole Board's pardon application portal and keep copies of everything you submit.","The Board investigates, holds a hearing and votes; a favorable majority sends a recommendation to the Governor. The Board looks for good citizenship and a specific, verified and compelling need for a pardon.","After a full pardon, file a Section 18 petition or use the OSBI Clean Slate portal to expunge the conviction."],"where":"Oklahoma Pardon and Parole Board, then the Governor; expungement through the district court or OSBI.","forms":[{"name":"Pardon application (online portal)","url":"https://ppbpardonapplication.powerappsportals.us"}],"cost":{"filing_fee_usd":null,"detail":"The Board's FAQ says there is no fee to apply for a pardon (character affidavits must be notarized). Expungement after the pardon has the usual court and OSBI costs.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":null,"statute":{"cite":"22 O.S. § 18(A)(4)","url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf"},"sources":[{"url":"https://oklahoma.gov/ppb/pardons-commutations/pardons.html","title":"Pardons","publisher":"Oklahoma Pardon and Parole Board","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/ppb/pardons-commutations/faq.html","title":"Pardons and Commutations: Frequently Asked Questions (last modified September 24, 2024)","publisher":"Oklahoma Pardon and Parole Board","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","title":"Oklahoma Statutes Title 22 (Criminal Procedure), complete title PDF, including §§ 18, 18a, 19, 19a, 19c and 991c (file dated December 31, 2025; does not yet show 2026 changes)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/SB/SB2030%20ENR.PDF","title":"Enrolled Senate Bill 2030 (2026): amends 22 O.S. §§ 18 and 19, adds §§ 18b and 19d; effective July 1, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"}]}],"clean_slate":{"status":"enacted_not_in_effect","effective":null,"detail":"Oklahoma passed a Clean Slate law in 2022 (HB 3316), which was to start automatic sealing three years after November 1, 2022, subject to funding. OSBI says no funding came in the first year, followed by money for a new criminal history system and staff in later budgets. SB 2030 (2026), approved by the Governor May 11, 2026 and effective July 1, 2026, removed that process and replaced it with new 22 O.S. §§ 18b and 19d, which make eligible records sealable without a court petition 'subject to the availability of funds' (§ 18b(B)). By November 1, 2026, OSBI must open a public online portal where people can ask for expedited expungement of 'clean slate eligible' records without filing a court petition. On or before November 1, 2027, OSBI must start identifying and sealing those records automatically, with every eligible electronic record cleared before November 1, 2029. Eligible records (from 1980 on) include non-convictions, pardons, identity-theft arrests, misdemeanor deferred dismissals, misdemeanor convictions after 5 years and felony drug-possession convictions after 5 years; most categories require an Oklahoma-only ('single-source') record. Prosecutors, arresting agencies and OSBI can object. Records cleared through Clean Slate are partially sealed (hidden from the public, available to law enforcement), even acquittals and dismissals that would be fully sealed by a court petition (§§ 18(D), 18b(D)). As of October 22, 2026, OSBI's Clean Slate page (last updated July 23, 2026) still described the 2022 plan, OSBI was still holding Clean Slate training for criminal justice agencies (August 2026), and we did not find the new portal.","sources":[{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/SB/SB2030%20ENR.PDF","title":"Enrolled Senate Bill 2030 (2026): amends 22 O.S. §§ 18 and 19, adds §§ 18b and 19d; effective July 1, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/BillInfo.aspx?Bill=SB2030&Session=2600","title":"Bill information for SB 2030 (2026 Regular Session): approved by the Governor May 11, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20SUPPORT%20DOCUMENTS/BILLSUM/House/SB2030%20ENGR%20BILLSUM.PDF","title":"Bill summary, SB 2030 (engrossed version, April 9, 2026)","publisher":"Oklahoma House of Representatives","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/osbi/services/information-services-division/clean-slate-initiative.html","title":"Clean Slate Initiative","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/content/dam/ok/en/osbi/documents/expungements/2025-9-22_Clean%20Slate%20Eligibility%20by%20Category.pdf","title":"Clean Slate Eligibility by Category (September 22, 2025)","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/osbi/events/training-information/information-services-training/criminal-history-clean-slate-expungement-process-training-08112026.html","title":"Criminal History Clean Slate Expungement Process Training, August 11, 2026 (for criminal justice partners; page last modified July 27, 2026)","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","title":"Oklahoma Statutes Title 22 (Criminal Procedure), complete title PDF, including §§ 18, 18a, 19, 19a, 19c and 991c (file dated December 31, 2025; does not yet show 2026 changes)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"}]},"marijuana":{"detail":"We found no marijuana-specific expungement law in Oklahoma. Simple drug possession is now a misdemeanor unless it is a fourth offense within 10 years (63 O.S. § 2-402(B)), and misdemeanor possession convictions follow the general misdemeanor rules. A nonviolent felony that was later reclassified as a misdemeanor can be expunged by petition 30 days after the sentence ends, once restitution and any ordered treatment are complete (22 O.S. § 18(A)(16)), and those records can also go through OSBI's new request portal (§ 19d(A)). Under SB 2030, a felony drug-possession conviction under 63 O.S. § 2-402(A)(1) is Clean Slate eligible 5 years after the last sentence ends if the record is Oklahoma-only (§ 18b(A)(1)(d)). A first-time drug offense can also be deferred and dismissed under 63 O.S. § 2-410, once per person.","sources":[{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","title":"Oklahoma Statutes Title 63, §§ 2-402 and 2-410 (drug possession; first-offense conditional discharge)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","title":"Oklahoma Statutes Title 22 (Criminal Procedure), complete title PDF, including §§ 18, 18a, 19, 19a, 19c and 991c (file dated December 31, 2025; does not yet show 2026 changes)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/SB/SB2030%20ENR.PDF","title":"Enrolled Senate Bill 2030 (2026): amends 22 O.S. §§ 18 and 19, adds §§ 18b and 19d; effective July 1, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Arrests with no charges (after the limitations period runs or the prosecutor declines), acquittals, reversed convictions and charges that were all dismissed can be expunged by petition under 22 O.S. § 18(A)(1), (2), (5) and (7); the dismissal route requires that you have never been convicted of a felony and have nothing pending, and it doesn't cover dismissals after a deferred sentence. Since July 1, 2026, these records are fully sealed from the public and from law enforcement when a court grants a petition (§ 18(D), SB 2030). They are also Clean Slate eligible, and declined charges and dismissals qualify if the record is Oklahoma-only (§ 18b); records cleared through Clean Slate are only partially sealed, so law enforcement can still see them (§ 18b(D)). Charges dismissed after a deferred sentence use § 991c (the plea) and § 18(A)(8), (9) or (14) (the arrest), after waits of 1, 5 or 10 years.","sources":[{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","title":"Oklahoma Statutes Title 22 (Criminal Procedure), complete title PDF, including §§ 18, 18a, 19, 19a, 19c and 991c (file dated December 31, 2025; does not yet show 2026 changes)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/SB/SB2030%20ENR.PDF","title":"Enrolled Senate Bill 2030 (2026): amends 22 O.S. §§ 18 and 19, adds §§ 18b and 19d; effective July 1, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/osbi/services/information-services-division/disposition-services-unit/criminal-history-record-expungement.html","title":"Criminal History Record Expungement (FAQ)","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"Oklahoma's expungement statute does not exclude DUI by name. A misdemeanor DUI conviction can be expunged by petition 5 years after the end of the sentence if you have no felony conviction and nothing pending (22 O.S. § 18(A)(11)), and a misdemeanor DUI dismissed after a deferred sentence after 1 year (§ 18(A)(8)). We found no official source saying whether felony DUI convictions qualify for the felony conviction routes in § 18(A)(12)-(13), so check with a lawyer or legal aid before filing. Under SB 2030, a misdemeanor conviction on an Oklahoma-only record is Clean Slate eligible after 5 years (§ 18b(A)(1)(e)). Expunged deferred and conviction records stay available to law enforcement and can be used to prove a prior offense in a later case (§ 18(D)). Your driving record (Service Oklahoma's Motor Vehicle Report) is not subject to expungement (47 O.S. § 6-117(D)). We found no official guidance applying these rules to DUI specifically.","sources":[{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","title":"Oklahoma Statutes Title 22 (Criminal Procedure), complete title PDF, including §§ 18, 18a, 19, 19a, 19c and 991c (file dated December 31, 2025; does not yet show 2026 changes)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/SB/SB2030%20ENR.PDF","title":"Enrolled Senate Bill 2030 (2026): amends 22 O.S. §§ 18 and 19, adds §§ 18b and 19d; effective July 1, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","title":"Oklahoma Statutes Title 47, § 6-117(D) (Motor Vehicle Report not subject to expungement)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"}]},"employers":{"detail":"Employers, schools and state and local government agencies may not require an applicant to disclose sealed records, an applicant may answer questions as if the sealed matter never happened, and an application may not be denied solely because the applicant refuses to disclose sealed records (22 O.S. § 19). Since July 1, 2026 this does not apply to handgun license applications to OSBI (SB 2030). Partially sealed records stay available to law enforcement. A state licensing board may not deny a license because of a sealed or expunged conviction (59 O.S. § 4000.1(C)(2)), but that rule does not apply to CLEET (law enforcement), the Insurance Department's Bail Bonds Division, the State Board of Education, the boards of examiners created in Title 20 (courts) or the State Board of Medical Licensure and Supervision (§ 4000.1(M)). For state jobs, Executive Order 2016-03 directs state agencies to remove conviction questions from applications, with exceptions where a felony disqualifies by law and for sensitive positions; agencies may still run background checks and ask in interviews (OMES HCM 16-04). We found no Oklahoma law limiting when private employers may ask about criminal records.","sources":[{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","title":"Oklahoma Statutes Title 22 (Criminal Procedure), complete title PDF, including §§ 18, 18a, 19, 19a, 19c and 991c (file dated December 31, 2025; does not yet show 2026 changes)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/SB/SB2030%20ENR.PDF","title":"Enrolled Senate Bill 2030 (2026): amends 22 O.S. §§ 18 and 19, adds §§ 18b and 19d; effective July 1, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","title":"Oklahoma Statutes Title 59, § 4000.1 (criminal records and occupational licenses)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://aem-prod.oklahoma.gov/content/dam/ok/en/omes/documents/HCM16-04.pdf","title":"HCM 16-04: Executive Order 2016-03 (removing conviction questions from state job applications), March 4, 2016","publisher":"Oklahoma Office of Management and Enterprise Services","accessed":"2026-10-22"}]},"free_help":[{"name":"OSBI: Criminal History Record Expungement","url":"https://oklahoma.gov/osbi/services/information-services-division/disposition-services-unit/criminal-history-record-expungement.html","type":"state_agency","detail":"OSBI's answers on costs, processing time and what to send; contact expungements@osbi.ok.gov or 405-879-2641."},{"name":"OSBI: Clean Slate Initiative","url":"https://oklahoma.gov/osbi/services/information-services-division/clean-slate-initiative.html","type":"state_agency","detail":"OSBI's Clean Slate page; questions to cleanslate@osbi.ok.gov or 405-879-2641. As of October 2026 it still describes the 2022 plan, not SB 2030's portal deadlines."},{"name":"OKLaw.org: Expungements in Oklahoma","url":"https://oklaw.org/resource/expungement-q-a","type":"legal_aid","detail":"Plain-language Q&A on Legal Aid Services of Oklahoma's legal information site; dated October 30, 2023, so it predates the 2026 changes."},{"name":"Legal Aid Services of Oklahoma","url":"https://legalaidok.org/apply/","type":"legal_aid","detail":"Statewide civil legal aid; apply online for free help if you qualify."}],"sources":[{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","title":"Oklahoma Statutes Title 22 (Criminal Procedure), complete title PDF, including §§ 18, 18a, 19, 19a, 19c and 991c (file dated December 31, 2025; does not yet show 2026 changes)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/SB/SB2030%20ENR.PDF","title":"Enrolled Senate Bill 2030 (2026): amends 22 O.S. §§ 18 and 19, adds §§ 18b and 19d; effective July 1, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/BillInfo.aspx?Bill=SB2030&Session=2600","title":"Bill information for SB 2030 (2026 Regular Session): approved by the Governor May 11, 2026","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20SUPPORT%20DOCUMENTS/BILLSUM/House/SB2030%20ENGR%20BILLSUM.PDF","title":"Bill summary, SB 2030 (engrossed version, April 9, 2026)","publisher":"Oklahoma House of Representatives","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/hB/HB2235%20ENR.PDF","title":"Enrolled House Bill 2235 (2025): amends 22 O.S. § 19 (hearing within 30 days for DNA exoneration or pardon)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/osbi/services/information-services-division/disposition-services-unit/criminal-history-record-expungement.html","title":"Criminal History Record Expungement (FAQ)","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/osbi/services/information-services-division/clean-slate-initiative.html","title":"Clean Slate Initiative","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/content/dam/ok/en/osbi/documents/expungements/2025-9-22_Clean%20Slate%20Eligibility%20by%20Category.pdf","title":"Clean Slate Eligibility by Category (September 22, 2025)","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/osbi/services/information-services-division/criminal-history-reporting-unit/how-to-request-a-background-check.html","title":"How to Request a Criminal History Background Check","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://oklaw.org/resource/expungement-q-a","title":"Expungements in Oklahoma (Q&A; page dated October 30, 2023)","publisher":"OKLaw.org (Legal Aid Services of Oklahoma)","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/ppb/pardons-commutations/pardons.html","title":"Pardons","publisher":"Oklahoma Pardon and Parole Board","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/ppb/pardons-commutations/faq.html","title":"Pardons and Commutations: Frequently Asked Questions (last modified September 24, 2024)","publisher":"Oklahoma Pardon and Parole Board","accessed":"2026-10-22"},{"url":"https://oklahoma.gov/osbi/events/training-information/information-services-training/criminal-history-clean-slate-expungement-process-training-08112026.html","title":"Criminal History Clean Slate Expungement Process Training, August 11, 2026 (for criminal justice partners; page last modified July 27, 2026)","publisher":"Oklahoma State Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os57.pdf","title":"Oklahoma Statutes Title 57, § 571 (definition of violent crime)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","title":"Oklahoma Statutes Title 21, § 13.1 (offenses requiring 85% of sentence)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","title":"Oklahoma Statutes Title 74, § 150.12(J) ($150 OSBI expungement fee)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os28.pdf","title":"Oklahoma Statutes Title 28, § 152 (civil filing fees and affidavit in forma pauperis)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","title":"Oklahoma Statutes Title 47, § 6-117(D) (Motor Vehicle Report not subject to expungement)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","title":"Oklahoma Statutes Title 59, § 4000.1 (criminal records and occupational licenses)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","title":"Oklahoma Statutes Title 63, §§ 2-402 and 2-410 (drug possession; first-offense conditional discharge)","publisher":"Oklahoma Legislature","accessed":"2026-10-22"},{"url":"https://aem-prod.oklahoma.gov/content/dam/ok/en/omes/documents/HCM16-04.pdf","title":"HCM 16-04: Executive Order 2016-03 (removing conviction questions from state job applications), March 4, 2016","publisher":"Oklahoma Office of Management and Enterprise Services","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"oregon","code":"OR","name":"Oregon","terms":["set aside","expungement","expunction","sealing"],"summary":"Oregon clears records by 'setting aside' a conviction or arrest and sealing the records, often called expungement. Most misdemeanors, Class C felonies and Class B felonies that are not person felonies can be set aside after 1 to 7 years, and arrests or dismissed charges soon after the case ends; there is no court filing fee, but a conviction set-aside needs a $33 State Police background check. Traffic offenses, including DUII, and most sex crimes cannot be set aside. Set-asides need a motion, but courts must seal records of drug possession charged as a 'drug enforcement misdemeanor' (a crime since September 1, 2024) on their own, including 3 years after a conviction.","remedies":[{"id":"set-aside-conviction","name":"Setting aside a conviction (motion to set aside)","type":"set_aside","effect":"The court enters an order and seals the conviction and other official records in the case, including arrest records. You are 'deemed not to have been previously convicted,' the conviction is 'deemed not to have occurred,' and you may answer questions about it accordingly. In a civil case where truth is an element of a claim or defense, a party can ask the court to disclose sealed records, and a prosecutor or defendant can ask to reopen them for a limited investigation (ORS 137.225). Oregon Law Help warns that a set-aside conviction may still show up in some government background checks, for example for firearm purchases, government jobs, foster or caregiver applications and immigration cases.","covers":"Most misdemeanors, Class C felonies, Class B felonies that are not person felonies, violations and contempt findings.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["A Class B felony, except a violation of ORS 166.429 (firearm used in a felony) or a crime classified as a person felony under Oregon Criminal Justice Commission rules (ORS 137.225(5)(a)).","Any misdemeanor, Class C felony, or felony punishable as a misdemeanor under ORS 161.705 (ORS 137.225(5)(b)).","A violation under state law or local ordinance, and a finding of contempt of court (ORS 137.225(5)(c), (e)).","You must have fully complied with and performed the sentence; a person still under supervision has not (ORS 137.225(1)(a)). OJD's instructions say this includes probation, restitution and fines.","No other conviction, apart from motor vehicle violations, during the waiting period, and no pending criminal charges (ORS 137.225; OJD set-aside instructions).","If you qualify, the court must grant the motion unless it finds, in writing and by clear and convincing evidence, that your conduct since the conviction creates a risk to public safety. It may not weigh nonpunitive civil liability, monetary obligations or motor vehicle violations in that decision (ORS 137.225)."],"not_eligible":["Class A felonies; they are not on the list of convictions that can be set aside (ORS 137.225(5); OJD set-aside instructions).","Class B felonies that are person felonies, and violations of ORS 166.429 (ORS 137.225(5)(a)).","Criminal mistreatment in the first or second degree when the victim was 65 or older, criminal mistreatment in the first degree or endangering the welfare of a minor when it was child abuse, criminally negligent homicide as a Class C felony, and assault in the third degree under ORS 163.165(1)(h) (ORS 137.225(6)(a)-(e)).","Most sex crimes, with narrow exceptions for some people relieved of sex offender reporting and some Class C felonies involving young people close in age (ORS 137.225(6)(f)).","State or municipal traffic offenses, including DUII (ORS 137.225; OJD set-aside instructions).","Anyone with a pending criminal charge (ORS 137.225; OJD set-aside instructions)."],"waiting_periods":[{"record":"Class B felony","wait":"7 years","detail":"From the later of the conviction date or release from imprisonment for the conviction (ORS 137.225; OJD set-aside instructions, January 2026)."},{"record":"Class C felony","wait":"5 years","detail":"From the later of conviction or release from imprisonment."},{"record":"Contempt finding for violating an order related to abuse or a person crime","wait":"5 years","detail":"OJD set-aside instructions, January 2026."},{"record":"Class A misdemeanor","wait":"3 years","detail":"From the later of conviction or release from imprisonment."},{"record":"Class B or C misdemeanor, violation, or other contempt finding","wait":"1 year","detail":"From the later of conviction or release from imprisonment."},{"record":"Probation was revoked","wait":"The later of 3 years from revocation or the regular waiting period","detail":"ORS 137.225; OJD set-aside instructions."}],"automatic":"no","automatic_detail":"You must file a motion; ORS 137.225 has no automatic set-aside. Separate automatic sealing applies only to drug possession charged as a drug enforcement misdemeanor (see that remedy and Clean Slate).","how_to_file":["Get OJD's free statewide set-aside forms: the Motion to Set Aside and Seal and Declaration of Eligibility, with a certificate of mailing (OJD forms page).","Get fingerprinted on an FBI standard FD-258 card; the reason fingerprinted must cite ORS 137.225. Mail the card, the State Police 'Request for Set Aside Criminal Record Check' form and a $33 check or money order payable to Oregon State Police to: Oregon State Police, CJIS - Unit 11, ATTN: SET ASIDE, P.O. Box 4395, Portland, OR 97208-4395. The State Police send the results to the prosecutor (Oregon State Police).","File the motion with the court that handled your case and mail a copy to the prosecutor (OJD set-aside instructions; ORS 137.225).","The prosecutor has 120 days from filing to object and must notify the victim. If the prosecutor objects, the court holds a hearing where the victim may speak (ORS 137.225).","If the motion is granted, the order is sent to the agencies holding your records and you get a copy (Marion County Circuit Court)."],"where":"The court that handled the case: usually the circuit court in the county of conviction, or the municipal or justice court that handled it (Marion County Circuit Court). OJD's statewide packet is only for circuit court cases; for a municipal or justice court case, file with that court (OJD set-aside instructions; Marion County Circuit Court).","forms":[{"name":"OJD criminal and arrest record set-aside forms","url":"https://www.courts.oregon.gov/forms/Pages/CrimArrestSetAside.aspx"},{"name":"Criminal Set Aside packet, adult cases (OJD)","url":"https://www.courts.oregon.gov/forms/Documents/CriminalSetAside_AdultCases.pdf"},{"name":"Request for Set Aside Criminal Record Check (Oregon State Police)","url":"https://www.oregon.gov/osp/programs/cjis/SiteAssets/Lists/Criminal%20Justice%20Info%20Services/NewForm/Request%20for%20Set%20Aside%20Criminal%20Record%20Check.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No court filing fee: a person filing a set-aside motion 'is not required to pay the filing fee' (ORS 137.225(1)(f)), and OJD's motion form says 'No Filing Fee.' For a conviction you pay the Oregon State Police $33 for a fingerprint-based record check (Oregon State Police; Oregon Law Help). Fingerprinting may cost extra. The prosecutor may not charge a fee (ORS 137.225).","fee_waiver":"not_stated","fee_waiver_detail":"There is no court fee to waive. We found no waiver of the $33 State Police fee. Unpaid fines and restitution block a conviction set-aside: OJD's instructions require that you finished your sentence, 'including probation and paying restitution and fines,' and Oregon Law Help says unpaid court fines or fees can block a set-aside and that Oregon courts have a form to ask that court debt be reduced or forgiven. A 2025 bill that would have let courts waive outstanding obligations for set-asides (HB 2639) did not pass; a narrow 2025 law ends old marijuana-possession debts in local courts (see Marijuana)."},"hearing":"sometimes","timeline":"Marion County Circuit Court says the process takes about three to nine months.","statute":{"cite":"ORS 137.225","url":"https://www.oregonlegislature.gov/bills_laws/ors/ors137.html"},"sources":[{"url":"https://oregon.public.law/statutes/ors_137.225","title":"ORS 137.225 (2023 Edition with 2024 changes, republished)","publisher":"public.law, republishing the Oregon Revised Statutes","accessed":"2026-10-21"},{"url":"https://www.courts.oregon.gov/forms/Documents/CriminalSetAside_AdultCases.pdf","title":"Criminal Set Aside: Adult Cases (instructions and forms, January 2026)","publisher":"Oregon Judicial Department","accessed":"2026-10-21"},{"url":"https://www.oregon.gov/osp/programs/cjis/Pages/criminal-justice-information-services.aspx","title":"Criminal Justice Information Services: Set Aside (Expungement) Information","publisher":"Oregon State Police","accessed":"2026-10-21"},{"url":"https://www.courts.oregon.gov/courts/marion/help/Pages/setaside.aspx","title":"Set Aside","publisher":"Marion County Circuit Court (Oregon Judicial Department)","accessed":"2026-10-21"},{"url":"https://oregonlawhelp.org/topics/crime/how-clear-expunge-your-criminal-record-oregon","title":"How to Clear (Expunge) Your Criminal Record in Oregon (last reviewed July 2026)","publisher":"Oregon Law Help (Oregon State Bar)","accessed":"2026-10-21"},{"url":"https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB2639","title":"HB 2639 (2025) measure overview (in House Judiciary, no chapter number)","publisher":"Oregon Legislature","accessed":"2026-10-21"}]},{"id":"set-aside-arrest","name":"Setting aside an arrest, citation or charge that did not lead to a conviction","type":"set_aside","effect":"The records are sealed and you are deemed not to have been arrested, cited or charged, and may answer questions accordingly. If no charges were filed, a prosecutor can still unseal the records to start a case within the statute of limitations, with written notice to you (ORS 137.225).","covers":"Arrests, citations and charges that were never filed, were dismissed, or ended in acquittal.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["An arrest or citation where no accusatory instrument was filed, 60 days after the prosecutor indicates the state will not proceed (ORS 137.225).","A charge that was dismissed or ended in acquittal, at any time after the dismissal or acquittal (ORS 137.225).","No pending criminal charges (OJD set-aside instructions)."],"not_eligible":["A DUII charge dismissed after you completed a DUII diversion agreement under ORS 813.200 (ORS 137.225; OJD set-aside instructions; Marion County Circuit Court).","Anyone with open criminal charges (OJD set-aside instructions)."],"waiting_periods":[{"record":"Arrest or citation, no charges filed","wait":"60 days after the prosecutor indicates it will not proceed","detail":"ORS 137.225"},{"record":"Charge dismissed or acquittal","wait":"Any time after the dismissal or acquittal","detail":"ORS 137.225"}],"automatic":"no","automatic_detail":null,"how_to_file":["Use OJD's free set-aside forms and choose the arrest or charge option.","File the motion in the county where you were arrested, cited or charged, and mail a copy to the prosecutor (ORS 137.225; OJD set-aside instructions).","If the prosecutor objects within 120 days, the court holds a hearing (ORS 137.225)."],"where":"The court in the county where you were arrested, cited or charged (ORS 137.225).","forms":[{"name":"OJD criminal and arrest record set-aside forms","url":"https://www.courts.oregon.gov/forms/Pages/CrimArrestSetAside.aspx"}],"cost":{"filing_fee_usd":0,"detail":"No court filing fee (ORS 137.225(1)(f)). OJD's instructions and Oregon Law Help describe the $33 State Police check as required for conviction set-asides; we did not confirm whether it applies to arrest-only motions.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"ORS 137.225","url":"https://www.oregonlegislature.gov/bills_laws/ors/ors137.html"},"sources":[{"url":"https://oregon.public.law/statutes/ors_137.225","title":"ORS 137.225 (2023 Edition with 2024 changes, republished)","publisher":"public.law, republishing the Oregon Revised Statutes","accessed":"2026-10-21"},{"url":"https://www.courts.oregon.gov/forms/Documents/CriminalSetAside_AdultCases.pdf","title":"Criminal Set Aside: Adult Cases (instructions and forms, January 2026)","publisher":"Oregon Judicial Department","accessed":"2026-10-21"},{"url":"https://www.courts.oregon.gov/courts/marion/help/Pages/setaside.aspx","title":"Set Aside","publisher":"Marion County Circuit Court (Oregon Judicial Department)","accessed":"2026-10-21"}]},{"id":"drug-enforcement-misdemeanor-sealing","name":"Automatic sealing of drug possession records (drug enforcement misdemeanor)","type":"sealing","effect":"The court enters an order sealing all records of the arrest or citation, the charges and, if there was one, the conviction, and the clerk sends copies to the agencies the court directs. After a deflection program, or two years with no prosecution, police, the district attorney and the court must also seal their own records, which are then 'not subject to disclosure' under Oregon's public records law (section 54, chapter 70, Oregon Laws 2024, as amended by SB 236 (2025); codified as ORS 137.224). The law we read does not say whether you may deny the case on applications.","covers":"Unlawful possession of a controlled substance charged as a 'drug enforcement misdemeanor,' the possession crime that HB 4002 (2024) created and that took effect September 1, 2024.","outcomes":["no_conviction","diversion","misdemeanor"],"narrow":"Drug possession charges since September 2024","eligible":["You completed a deflection program after a possession referral: police and the district attorney must seal their records within 60 days after completion is verified, and the court must seal its electronic records (section 54(1), as amended).","Two years have passed since the offense with no further prosecution on the citation: police, the district attorney and the court must seal the records within 60 days after that (section 54(2), as amended).","Your case was dismissed after you completed a probation agreement, you completed probation, or you were acquitted: the court must order the records sealed within 90 days (section 54(3), as amended).","Three years have passed since the judgment of conviction: the court must, within 60 days after that, seal all records of the arrest or citation, charges and conviction. Time while a warrant is active does not count (section 54(4), as amended).","Three years have passed since a dismissal that was not already sealed: the court must seal within 60 days (section 54(4), as amended)."],"not_eligible":["The court may not seal while the case has an active warrant (section 54(6), as amended).","Drug records are not sealed until all drug records in the case qualify, or while other non-drug records in the case remain, unless the court finds that sealing them earlier serves the interests of the person and the public (section 54(5), (7), as amended)."],"waiting_periods":[{"record":"Deflection program completed","wait":"Sealed within 60 days after completion is verified","detail":"Section 54(1), chapter 70, Oregon Laws 2024, as amended by SB 236 (2025)."},{"record":"Citation with no further prosecution","wait":"2 years from the offense, then sealed within 60 days","detail":"Section 54(2), as amended."},{"record":"Dismissal after a probation agreement, completed probation, or acquittal","wait":"Sealed within 90 days","detail":"Section 54(3), as amended."},{"record":"Conviction","wait":"3 years from the judgment, then sealed within 60 days","detail":"Time with an active warrant does not count (section 54(4), as amended)."}],"automatic":"yes","automatic_detail":"The law puts the duty on the court and agencies and does not require you to file a motion or pay a fee (section 54, chapter 70, Oregon Laws 2024, as amended by SB 236, which took effect on passage in 2025).","how_to_file":["No filing is required: the court and agencies must seal these records on their own (section 54 as amended by SB 236).","Possession cases that were not drug enforcement misdemeanors are not covered by this sealing; they use the regular motion to set aside under ORS 137.225 if they are otherwise eligible."],"where":"The court that handled the possession case; no filing is needed.","forms":[],"cost":{"filing_fee_usd":0,"detail":"Section 54 does not require a motion or a fee.","fee_waiver":"not_stated","fee_waiver_detail":"There is no fee to waive."},"hearing":"not_stated","timeline":"Within 60 or 90 days after the qualifying event or period, depending on the route (section 54, as amended).","statute":{"cite":"ORS 137.224 (section 54, chapter 70, Oregon Laws 2024, as amended by section 26, chapter 532, Oregon Laws 2025 (SB 236))","url":"https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/SB236/Enrolled"},"sources":[{"url":"https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/SB236/Enrolled","title":"SB 236 (2025), enrolled (section 26 amends section 54, chapter 70, Oregon Laws 2024)","publisher":"Oregon Legislature","accessed":"2026-10-21"},{"url":"https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/SB236","title":"SB 236 (2025) measure overview (Chapter 532)","publisher":"Oregon Legislature","accessed":"2026-10-21"},{"url":"https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureAnalysisDocument/82508","title":"HB 4002 (2024) staff measure summary","publisher":"Oregon Legislature","accessed":"2026-10-21"},{"url":"https://co.marion.or.us/DA/Pages/housebill4002.aspx","title":"House Bill 4002: Recriminalization of Street Drugs in Oregon","publisher":"Marion County District Attorney","accessed":"2026-10-21"},{"url":"https://www.oregonlegislature.gov/bills_laws/ors/ors137.html","title":"ORS Chapter 137 (2025 Edition), table of contents (137.224 Sealing of records related to drug enforcement misdemeanor)","publisher":"Oregon Legislature","accessed":"2026-10-21"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"Oregon has no broad automatic set-aside. Set-asides under ORS 137.225 need a motion; OJD's January 2026 instructions and Oregon Law Help (reviewed July 2026) describe only the motion process; SB 698 (2023), an automatic-sealing bill, was sent to Rules without a recommendation and we found no record it passed; and a 2025 amendment removed a proposed OJD study of automatic expunction from HB 3825. The exception is drug possession charged as a 'drug enforcement misdemeanor,' the crime HB 4002 (2024) created effective September 1, 2024: under section 54 of that act (now ORS 137.224), as amended by SB 236 (2025, effective on passage), courts and agencies must seal those records on their own after deflection, two years without prosecution, dismissal after a probation agreement, completed probation or acquittal, and 3 years after a conviction. We could not confirm the date the sealing rules first applied, so no effective date is given. SB 397 (2021), effective January 1, 2022, shortened waiting periods and removed filing fees but did not make set-asides automatic.","sources":[{"url":"https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/SB236/Enrolled","title":"SB 236 (2025), enrolled (section 26 amends section 54, chapter 70, Oregon Laws 2024)","publisher":"Oregon Legislature","accessed":"2026-10-21"},{"url":"https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/SB236","title":"SB 236 (2025) measure overview (Chapter 532)","publisher":"Oregon Legislature","accessed":"2026-10-21"},{"url":"https://co.marion.or.us/DA/Pages/housebill4002.aspx","title":"House Bill 4002: Recriminalization of Street Drugs in Oregon","publisher":"Marion County District Attorney","accessed":"2026-10-21"},{"url":"https://apps.oregonlegislature.gov/liz/2025R1/Downloads/MeasureAnalysisDocument/90299","title":"HB 3825 (2025), A-engrossed staff measure summary","publisher":"Oregon Legislature","accessed":"2026-10-21"},{"url":"https://apps.oregonlegislature.gov/liz/2023R1/Downloads/MeasureAnalysisDocument/78367","title":"SB 698 (2023) staff measure summary","publisher":"Oregon Legislature, Senate Committee on Judiciary","accessed":"2026-10-21"},{"url":"https://apps.oregonlegislature.gov/liz/2025R1/Downloads/PublicTestimonyDocument/184849","title":"OJD testimony on HB 2639 (March 31, 2025)","publisher":"Oregon Judicial Department, via Oregon Legislature","accessed":"2026-10-21"},{"url":"https://www.courts.oregon.gov/forms/Documents/CriminalSetAside_AdultCases.pdf","title":"Criminal Set Aside: Adult Cases (instructions and forms, January 2026)","publisher":"Oregon Judicial Department","accessed":"2026-10-21"}]},"marijuana":{"detail":"ORS 137.226 adds two marijuana-specific rules. For a conviction where possession, delivery or manufacture of marijuana is an element, a person who was under 21 at the time of conviction, has no other conviction (other than motor vehicle violations) and has completed the sentence can move to set it aside one year after the judgment. For marijuana conduct before April 21, 2017, the court treats the offense under its current, often lower, classification when deciding a set-aside motion, and treats it as a Class C misdemeanor if it is no longer a crime. Separately, HB 3825 (2025, chapter 395, effective 91 days after the 2025 session adjourned) ends collection on municipal and justice court judgments for possessing less than one ounce of marijuana (convictions before July 1, 2015, per the Senate Judiciary summary of the final version) and treats the person as having fully complied with that part of the sentence for set-aside purposes; restitution is not discharged.","sources":[{"url":"https://oregon.public.law/statutes/ors_137.226","title":"ORS 137.226 (2023 Edition with 2024 changes, republished)","publisher":"public.law, republishing the Oregon Revised Statutes","accessed":"2026-10-21"},{"url":"https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB3825","title":"HB 3825 (2025) measure overview (Chapter 395)","publisher":"Oregon Legislature","accessed":"2026-10-21"},{"url":"https://apps.oregonlegislature.gov/liz/2025R1/Downloads/MeasureAnalysisDocument/92323","title":"HB 3825 (2025), B-engrossed staff measure summary (Senate Judiciary)","publisher":"Oregon Legislature","accessed":"2026-10-21"},{"url":"https://apps.oregonlegislature.gov/liz/2025R1/Downloads/MeasureAnalysisDocument/90299","title":"HB 3825 (2025), A-engrossed staff measure summary","publisher":"Oregon Legislature","accessed":"2026-10-21"}]},"non_conviction":{"detail":"Arrests, citations and charges that did not lead to a conviction are set aside by the same motion. If no charges were filed, you can file 60 days after the prosecutor indicates it won't proceed; after a dismissal or acquittal, you can file any time. There is no court filing fee. A DUII charge dismissed after diversion cannot be set aside (ORS 137.225; OJD set-aside instructions). For drug possession charged as a drug enforcement misdemeanor, the court must seal the records on its own within 90 days after an acquittal or a dismissal following a probation agreement, and records are also sealed after a deflection program or two years without prosecution (section 54, chapter 70, Oregon Laws 2024, as amended by SB 236 (2025)).","sources":[{"url":"https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/SB236/Enrolled","title":"SB 236 (2025), enrolled (section 26 amends section 54, chapter 70, Oregon Laws 2024)","publisher":"Oregon Legislature","accessed":"2026-10-21"},{"url":"https://oregon.public.law/statutes/ors_137.225","title":"ORS 137.225 (2023 Edition with 2024 changes, republished)","publisher":"public.law, republishing the Oregon Revised Statutes","accessed":"2026-10-21"},{"url":"https://www.courts.oregon.gov/forms/Documents/CriminalSetAside_AdultCases.pdf","title":"Criminal Set Aside: Adult Cases (instructions and forms, January 2026)","publisher":"Oregon Judicial Department","accessed":"2026-10-21"}]},"dui":{"eligible":"no","detail":"A DUII (driving under the influence of intoxicants) conviction cannot be set aside in Oregon. ORS 137.225 does not apply to state or municipal traffic offenses, and OJD's instructions list traffic offense convictions as ineligible. A DUII charge that was dismissed after you completed a DUII diversion agreement under ORS 813.200 cannot be set aside either (ORS 137.225; OJD set-aside instructions). Marion County Circuit Court states that DUIIs cannot be set aside, even after diversion and dismissal. Motor vehicle violations do not count as 'other convictions' that would block setting aside a different, eligible conviction (ORS 137.225).","sources":[{"url":"https://oregon.public.law/statutes/ors_137.225","title":"ORS 137.225 (2023 Edition with 2024 changes, republished)","publisher":"public.law, republishing the Oregon Revised Statutes","accessed":"2026-10-21"},{"url":"https://www.courts.oregon.gov/forms/Documents/CriminalSetAside_AdultCases.pdf","title":"Criminal Set Aside: Adult Cases (instructions and forms, January 2026)","publisher":"Oregon Judicial Department","accessed":"2026-10-21"},{"url":"https://www.courts.oregon.gov/courts/marion/help/Pages/setaside.aspx","title":"Set Aside","publisher":"Marion County Circuit Court (Oregon Judicial Department)","accessed":"2026-10-21"}]},"employers":{"detail":"After a set-aside, the conviction or arrest is deemed not to have occurred and you may answer questions about it accordingly (ORS 137.225). Oregon Law Help says that in most cases you can say you have no criminal history on job or housing applications, but you may need to disclose it for government jobs and immigration matters. Separately, Oregon's ban-the-box law makes it unlawful for an employer to exclude an applicant from an initial interview solely because of a past conviction, which includes requiring disclosure on the application, before the initial interview, or (with no interview) before a conditional offer. Employers may still consider conviction history in the hiring decision. Exceptions include law enforcement and criminal justice employers, volunteers, and cases where other law requires considering criminal history (ORS 659A.360).","sources":[{"url":"https://oregon.public.law/statutes/ors_137.225","title":"ORS 137.225 (2023 Edition with 2024 changes, republished)","publisher":"public.law, republishing the Oregon Revised Statutes","accessed":"2026-10-21"},{"url":"https://oregon.public.law/statutes/ors_659A.360","title":"ORS 659A.360 (2023 Edition with 2024 changes, republished)","publisher":"public.law, republishing the Oregon Revised Statutes","accessed":"2026-10-21"},{"url":"https://oregonlawhelp.org/topics/crime/how-clear-expunge-your-criminal-record-oregon","title":"How to Clear (Expunge) Your Criminal Record in Oregon (last reviewed July 2026)","publisher":"Oregon Law Help (Oregon State Bar)","accessed":"2026-10-21"}]},"free_help":[{"name":"Oregon Law Help: How to Clear (Expunge) Your Criminal Record","url":"https://oregonlawhelp.org/topics/crime/how-clear-expunge-your-criminal-record-oregon","type":"legal_aid","detail":"Oregon State Bar's plain-language guide, with a list of free expungement clinics."},{"name":"Legal Aid Services of Oregon Expungement Clinic","url":"https://oregonlawhelp.org/referrals/legal-aid-services-oregon-expungement-clinic","type":"legal_aid","detail":"Free virtual and in-person expungement help for low-income Oregonians."},{"name":"Clear Clinic","url":"https://oregonlawhelp.org/referrals/clear-clinic-criminal-record-expungement","type":"legal_aid","detail":"Free drop-in expungement clinic in Portland that serves people statewide."},{"name":"OJD set-aside forms","url":"https://www.courts.oregon.gov/forms/Pages/CrimArrestSetAside.aspx","type":"court_self_help","detail":"Free statewide motion forms and instructions from the Oregon Judicial Department."},{"name":"Oregon State Police set-aside record check","url":"https://www.oregon.gov/osp/programs/cjis/Pages/criminal-justice-information-services.aspx","type":"state_agency","detail":"Instructions, form and mailing address for the $33 fingerprint-based record check."}],"sources":[{"url":"https://oregon.public.law/statutes/ors_137.225","title":"ORS 137.225 (2023 Edition with 2024 changes, republished)","publisher":"public.law, republishing the Oregon Revised Statutes","accessed":"2026-10-21"},{"url":"https://www.courts.oregon.gov/forms/Documents/CriminalSetAside_AdultCases.pdf","title":"Criminal Set Aside: Adult Cases (instructions and forms, January 2026)","publisher":"Oregon Judicial Department","accessed":"2026-10-21"},{"url":"https://www.oregon.gov/osp/programs/cjis/Pages/criminal-justice-information-services.aspx","title":"Criminal Justice Information Services: Set Aside (Expungement) Information","publisher":"Oregon State Police","accessed":"2026-10-21"},{"url":"https://oregonlawhelp.org/topics/crime/how-clear-expunge-your-criminal-record-oregon","title":"How to Clear (Expunge) Your Criminal Record in Oregon (last reviewed July 2026)","publisher":"Oregon Law Help (Oregon State Bar)","accessed":"2026-10-21"},{"url":"https://www.oregonlegislature.gov/bills_laws/ors/ors137.html","title":"ORS Chapter 137 (2025 Edition)","publisher":"Oregon Legislature","accessed":"2026-10-21"},{"url":"https://www.oregonlegislature.gov/lc/ORSupdate/Volume04.pdf","title":"2026 Update to the 2025 ORS, Volume 4 (chapters 131-169)","publisher":"Oregon Legislature, Legislative Counsel","accessed":"2026-10-21"},{"url":"https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/SB236/Enrolled","title":"SB 236 (2025), enrolled (section 26 amends section 54, chapter 70, Oregon Laws 2024)","publisher":"Oregon Legislature","accessed":"2026-10-21"},{"url":"https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB3825","title":"HB 3825 (2025) measure overview (Chapter 395)","publisher":"Oregon Legislature","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"pennsylvania","code":"PA","name":"Pennsylvania","terms":["limited access","Clean Slate","sealing","expungement"],"summary":"Pennsylvania mostly seals convictions instead of erasing them; the law calls this \"limited access.\" Under Clean Slate, many records are sealed automatically: charges that didn't end in conviction, summary offenses after 5 years, many lower-level misdemeanors after 7 years, and some drug felonies after 10 years. Other misdemeanors and some lower-level felonies can be sealed by petition. Full expungement of a conviction is generally limited to summary offenses, people 70 or older, and people who receive a pardon.","remedies":[{"id":"clean-slate-automatic-limited-access","name":"Clean Slate automatic limited access","type":"sealing","effect":"Dissemination of the record is limited to criminal justice agencies and a few listed exceptions, such as county children and youth agencies and the Department of Human Services for child-protection duties, court-ordered access in custody or protection-from-abuse cases, checks required by federal law for employment, and bar admission (18 Pa.C.S. § 9121(b.1)-(b.2)). A person generally can't be required or asked to disclose the sealed record and may respond as if the offense did not occur, except where federal law requires employers to consider criminal history. Sealed records may not be used for employment, housing or school admission decisions except where federal law requires (18 Pa.C.S. § 9122.5). The record stays in the State Police file and is still disclosed to courts, including for sentencing.","covers":"Non-conviction charges, summary convictions, second- and third-degree misdemeanors and misdemeanors punishable by 2 years or less, some drug felonies, and convictions with a conditional pardon.","outcomes":["no_conviction","diversion","misdemeanor","felony"],"narrow":null,"eligible":["Charges that ended in any final disposition other than a conviction (18 Pa.C.S. § 9122.2(a)(2)).","Summary offense convictions, after 5 years, once court-ordered restitution is paid (§ 9122.2(a)(3)).","Second- or third-degree misdemeanors, or misdemeanors punishable by no more than 2 years, after 7 years free from conviction for any offense punishable by 1 year or more, once court-ordered restitution is paid (§ 9122.2(a)(1)).","Drug Act (section 13) offenses, including felonies, after 10 years free from conviction for any offense punishable by 1 year or more, unless the sentence imposed had a minimum of 30 months or more or a maximum of 60 months or more (§ 9122.2(a)(1.1); definition of 'qualifying offense' in § 9102).","Convictions for which a conditional pardon was granted (§ 9122.2(a)(4))."],"not_eligible":["Convictions for offenses involving danger to the person (Article B of Title 18, including simple assault), offenses against the family (Article D), firearms offenses (Chapter 61), registrable sexual offenses, cruelty to animals (§ 5533) or corruption of minors (§ 6301), and attempts, conspiracies or solicitations to commit them (§ 9122.3(a)(1)).","Anyone who has ever been convicted of a felony other than a qualifying drug offense (§ 9122.3(a)(2)(i)).","Anyone ever convicted of two or more offenses punishable by more than 2 years, or four or more offenses punishable by 1 year or more (§ 9122.3(a)(2)).","Anyone ever convicted of indecent exposure, sexual intercourse with an animal, failure to comply with sex offender registration, weapons or implements for escape, abuse of a corpse, or paramilitary training (§ 9122.3(a)(2)(iv)).","An otherwise eligible conviction from the same case as a conviction punishable by 5 or more years or an excluded offense. This same-case rule does not apply to qualifying drug offenses (§ 9122.3(b))."],"waiting_periods":[{"record":"Charge that did not end in conviction","wait":"None","detail":"The courts send these to the State Police within 30 days after disposition and payment of any court-ordered restitution (§ 9122.2(b)(2)(i))."},{"record":"Summary offense conviction","wait":"5 years from the judgment of conviction","detail":"Court-ordered restitution must be paid. Reduced from 10 years by Act 36 of 2023, effective June 11, 2024."},{"record":"Second- or third-degree misdemeanor, or misdemeanor punishable by 2 years or less","wait":"7 years free from conviction for any offense punishable by 1 year or more","detail":"Court-ordered restitution must be paid. Reduced from 10 years by Act 36 of 2023, effective June 11, 2024."},{"record":"Qualifying drug offense (including felonies)","wait":"10 years free from conviction for any offense punishable by 1 year or more","detail":"Added by Act 36 of 2023, effective June 11, 2024. Not available if the sentence had a minimum of 30+ months or a maximum of 60+ months."}],"automatic":"yes","automatic_detail":"No petition or fee is needed. Each month the Administrative Office of Pennsylvania Courts sends eligible records to the State Police central repository; the State Police have 30 days to flag ineligible records or mismatches, and each county court of common pleas then issues monthly limited-access orders (18 Pa.C.S. § 9122.2(b)). If an eligible record isn't sealed, a petition under § 9122.1 remains available (§ 9122.3(c)).","how_to_file":["Nothing to file. To check whether a record was sealed, request your own record from the State Police with form SP 4-170 (Request for Access and Review).","If an eligible record wasn't sealed, file a petition for limited access under § 9122.1 in the county where the case was decided."],"where":"Automatic through the Administrative Office of Pennsylvania Courts, the State Police central repository and county courts of common pleas.","forms":[{"name":"Petition for Limited Access Pursuant to Pa.R.Crim.P. 791 (if a record wasn't sealed)","url":"https://www.pacourts.us/Storage/media/pdfs/20210515/215125-file-5632.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No petition or filing fee for automatic sealing. Restitution must be paid before a conviction is sealed.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"Non-conviction records are sent to the State Police within 30 days after disposition; conviction records are reviewed monthly once the waiting period has run.","statute":{"cite":"18 Pa.C.S. §§ 9122.2, 9122.3","url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091..HTM"},"sources":[{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091..HTM","title":"18 Pa.C.S. Chapter 91 (Criminal History Record Information), including §§ 9102, 9121, 9122.2, 9122.5","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091.022.003..HTM","title":"18 Pa.C.S. § 9122.3. Exceptions","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/BI/FN/2023/0/HB0689P2310.pdf","title":"Fiscal Note, House Bill 689, Printer's No. 2310 (Dec. 13, 2023)","publisher":"Pennsylvania House Appropriations Committee","accessed":"2026-10-21"},{"url":"https://www.pa.gov/services/psp/apply-for-criminal-record-expungement","title":"Apply for Criminal Record Expungement","publisher":"Pennsylvania State Police","accessed":"2026-10-21"}]},{"id":"petition-limited-access","name":"Petition for limited access (sealing by petition)","type":"sealing","effect":"Same effect as Clean Slate limited access: dissemination is limited to criminal justice agencies and listed exceptions, the person may generally respond as if the offense did not occur, and the record may not be used for employment, housing or school admission except where federal law requires (18 Pa.C.S. §§ 9122.1, 9122.5).","covers":"Most misdemeanors (including many first-degree misdemeanors) and ungraded offenses with a maximum penalty of 5 years or less, plus some property, fraud and drug felonies that are not first- or second-degree felonies.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["A misdemeanor or ungraded offense with a maximum penalty of no more than 5 years, after 7 years free from conviction for any offense punishable by 1 year or more (§ 9122.1(a)).","Only these felonies, and only if not graded as first- or second-degree felonies: criminal mischief (§ 3304), criminal trespass (§ 3503), theft offenses in Chapter 39 (including retail theft and receiving stolen property), forgery and fraud offenses in Chapter 41, § 481 of the Human Services Code, or a qualifying drug offense, plus attempts, conspiracies or solicitations to commit them. The wait is 10 years free from conviction (§ 9122.1(a.1)). Other felonies can't be sealed by petition.","All court-ordered restitution must be paid, plus the limited access fee.","Counts consolidated under one docket and offense tracking number count as one conviction (§ 9122.1(b.1))."],"not_eligible":["Offenses punishable by more than 2 years (for example first-degree misdemeanors) that involve danger to the person, offenses against the family, firearms, registrable sexual offenses or corruption of minors. Misdemeanor terroristic threats is an exception and can be sealed (§ 9122.1(b)(1)).","Anyone ever convicted of murder, a first-degree felony, or an offense punishable by 20 years or more (§ 9122.1(b)(2)(i)).","Anyone convicted within the previous 15 years of a felony or offense punishable by 7+ years involving danger to the person, the family, firearms or sexual offenses; of four or more offenses punishable by 2+ years; or of indecent exposure, sexual intercourse with an animal, registration violations, weapons for escape, abuse of a corpse or paramilitary training (§ 9122.1(b)(2)(ii)).","Anyone with two or more convictions within the previous 10 years for offenses punishable by more than 2 years (§ 9122.1(b)(2)(iii))."],"waiting_periods":[{"record":"Misdemeanor or ungraded offense (max 5 years or less)","wait":"7 years free from conviction for any offense punishable by 1 year or more","detail":"Reduced from 10 years by Act 36 of 2023, effective February 12, 2024."},{"record":"Eligible felony that is not a first- or second-degree felony (theft, forgery/fraud, criminal mischief, criminal trespass, welfare fraud, qualifying drug offense)","wait":"10 years free from conviction for any offense punishable by 1 year or more","detail":"Added by Act 36 of 2023. First- and second-degree felonies are not eligible."}],"automatic":"no","automatic_detail":null,"how_to_file":["Request your State Police criminal history with form SP 4-170 ($20); the petition must attach a report obtained within 60 days before filing, unless the prosecutor waives it (Pa.R.Crim.P. 791).","Get the docket sheet or disposition sheet for each case (from the UJS Portal or the court that handled it).","Fill out the Petition for Limited Access and the top of the proposed order, including your reasons for asking.","File with the clerk of courts in the county where the case was decided, pay the fee or file a motion to proceed in forma pauperis, and serve the district attorney.","The district attorney has 30 days to consent or object. If no one objects, the court may grant the petition without a hearing; otherwise the judge schedules one."],"where":"Clerk of courts for the court of common pleas in the county where the charges were decided, even if a magisterial district judge handled the case.","forms":[{"name":"Petition for Limited Access Pursuant to Pa.R.Crim.P. 791","url":"https://www.pacourts.us/Storage/media/pdfs/20210515/215125-file-5632.pdf"},{"name":"Blank Limited Access Order 791","url":"https://www.pacourts.us/Storage/media/pdfs/20210515/215133-file-5631.pdf"},{"name":"Court of Common Pleas Motion to Proceed In Forma Pauperis","url":"https://www.pacourts.us/Storage/media/pdfs/20210515/215517-file-6679.pdf"},{"name":"PSP form SP 4-170, Request for Access and Review","url":"https://www.pa.gov/services/psp/apply-for-criminal-record-expungement"}],"cost":{"filing_fee_usd":null,"detail":"Set by each county clerk of courts. Erie County and Indiana County list $132 per petition. The State Police record check (SP 4-170) costs $20. Other copies, such as a $5 certified order in Indiana County, may cost extra.","fee_waiver":"yes","fee_waiver_detail":"The Unified Judicial System publishes a Motion to Proceed In Forma Pauperis for the courts of common pleas. In a 2019 order, Philadelphia's First Judicial District waived filing fees for expungement and limited access petitions filed by volunteer attorneys at one clinic, for participants the volunteers found eligible to proceed in forma pauperis, which shows such waivers are used for these petitions. Ask your county clerk how it handles fee waivers for criminal petitions."},"hearing":"sometimes","timeline":"The district attorney has 30 days to respond; the judge rules or schedules a hearing within 14 days after that. Unless the Commonwealth consented, a granted order is stayed for 30 days for a possible appeal (Pa.R.Crim.P. 791).","statute":{"cite":"18 Pa.C.S. § 9122.1","url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091.022.001..HTM"},"sources":[{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091.022.001..HTM","title":"18 Pa.C.S. § 9122.1. Petition for limited access","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://pacodeandbulletin.gov/secure/pacode/data/234/chapter7/s791.html","title":"Pa.R.Crim.P. 791. Petition and Order for Limited Access","publisher":"Pennsylvania Code and Bulletin","accessed":"2026-10-21"},{"url":"https://www.pacourts.us/forms/for-the-public","title":"Forms for the Public","publisher":"Unified Judicial System of Pennsylvania","accessed":"2026-10-21"},{"url":"https://courts.eriecountypa.gov/wp-content/uploads/2026/04/LimitedAccessInstructions.pdf","title":"Limited Access Instructions","publisher":"Erie County Clerk of Courts","accessed":"2026-10-21"},{"url":"https://www.indianacountypa.gov/wp-content/uploads/Expungement-Information-1.pdf","title":"Expungement Information","publisher":"Indiana County (PA) Clerk of Courts","accessed":"2026-10-22"},{"url":"https://www.courts.phila.gov/pdf/regs/2019/cpaj-13-of-2019.pdf","title":"Administrative Docket No. 13 of 2019","publisher":"First Judicial District of Pennsylvania","accessed":"2026-10-21"},{"url":"https://www.pa.gov/services/psp/apply-for-criminal-record-expungement","title":"Apply for Criminal Record Expungement","publisher":"Pennsylvania State Police","accessed":"2026-10-21"}]},{"id":"expungement","name":"Expungement","type":"expungement","effect":"Expungement removes the arrest or conviction from the Pennsylvania criminal history record, except for law enforcement and court officials (Pennsylvania State Police). Prosecutors and the central repository keep a limited list of people whose records were expunged, used only to check eligibility for diversion programs, identify people in investigations, and grade later offenses (18 Pa.C.S. § 9122(c)).","covers":"Non-conviction records, summary convictions, records of people 70 or older or deceased, pardoned convictions, completed ARD, and some underage drinking convictions.","outcomes":["no_conviction","diversion","misdemeanor"],"narrow":null,"eligible":["Charges ending in acquittal on all counts after trial; the record must be expunged within 12 months unless the Commonwealth objects (§ 9122(a)(4)).","Non-conviction data a court orders expunged, and arrests with no disposition 18 months after arrest (§ 9122(a)).","Summary offense convictions, after 5 years free of arrest or prosecution following the conviction (§ 9122(b)(3)).","People 70 or older who have been free of arrest or prosecution for 10 years after final release from confinement or supervision (§ 9122(b)(1)).","People who have been dead for 3 years (§ 9122(b)(2)).","Convictions covered by an unconditional pardon; under Act 36 of 2023, the Board of Pardons notifies the courts quarterly and the court orders expungement (§ 9122(a)(2.1), (a.1)).","Underage drinking convictions (§ 6308) for people now 21 or older who completed the sentence (§ 9122(a)(3)).","Charges dismissed after successful completion of Accelerated Rehabilitative Disposition (ARD) or other diversion; for DUI, 75 Pa.C.S. § 3807(e) bars expungement only when ARD is not completed."],"not_eligible":["Misdemeanor and felony convictions, unless pardoned or the person is 70 or older or deceased.","ARD arrest records for listed sex offenses where the victim was under 18 (§ 9122(b.1))."],"waiting_periods":[{"record":"Summary offense conviction","wait":"5 years free of arrest or prosecution after the conviction","detail":null},{"record":"Misdemeanor or felony conviction (no pardon)","wait":"Age 70 and 10 years free of arrest or prosecution after final release","detail":null},{"record":"Acquittal of all charges","wait":"None","detail":"Commonwealth has 60 days to object; expungement no later than 12 months after acquittal."}],"automatic":"some","automatic_detail":"Since Act 36 of 2023 (provisions effective June 11, 2024), expungement after an unconditional pardon starts automatically through quarterly notices from the Board of Pardons to the courts. Other expungements need a petition.","how_to_file":["Request your State Police record with form SP 4-170 ($20).","Use the Rule 490 petition for summary offenses or the Rule 790 petition for other cases.","File with the clerk of courts in the county where the case was handled, attach your State Police record and docket sheets, and pay the county fee or file to proceed in forma pauperis.","The clerk sends the petition to the district attorney and the court; a hearing may be scheduled."],"where":"Clerk of courts in the county where the arrest or case was handled.","forms":[{"name":"Petition for Expungement Pursuant to Pa.R.Crim.P. 490 (summary offenses)","url":"https://www.pacourts.us/Storage/media/pdfs/20210224/222603-petitionforexpungement490030912-000076.pdf"},{"name":"Petition for Expungement Pursuant to Pa.R.Crim.P. 790 (court cases)","url":"https://www.pacourts.us/Storage/media/pdfs/20210224/222612-petitionforexpungement790030912-000077.pdf"},{"name":"Court of Common Pleas Motion to Proceed In Forma Pauperis","url":"https://www.pacourts.us/Storage/media/pdfs/20210515/215517-file-6679.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Set by each county clerk of courts; Indiana County lists $132 per expungement petition and Erie County lists $132. The State Police record check costs $20.","fee_waiver":"yes","fee_waiver_detail":"File a Motion to Proceed In Forma Pauperis (UJS form) with the petition; ask the clerk how your county handles it."},"hearing":"sometimes","timeline":null,"statute":{"cite":"18 Pa.C.S. § 9122","url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091..HTM"},"sources":[{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091.022.000..HTM","title":"18 Pa.C.S. § 9122. Expungement (single-section page; its history note stops at Act 83 of 2020, so the Act 36 pardon provisions are read from the Chapter 91 file)","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091..HTM","title":"18 Pa.C.S. Chapter 91","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038.007.000..HTM","title":"75 Pa.C.S. § 3807. Accelerated Rehabilitative Disposition","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/BI/FN/2023/0/HB0689P2310.pdf","title":"Fiscal Note, House Bill 689","publisher":"Pennsylvania House Appropriations Committee","accessed":"2026-10-21"},{"url":"https://www.pa.gov/services/psp/apply-for-criminal-record-expungement","title":"Apply for Criminal Record Expungement","publisher":"Pennsylvania State Police","accessed":"2026-10-21"},{"url":"https://www.pacourts.us/forms/for-the-public","title":"Forms for the Public","publisher":"Unified Judicial System of Pennsylvania","accessed":"2026-10-21"},{"url":"https://www.indianacountypa.gov/wp-content/uploads/Expungement-Information-1.pdf","title":"Expungement Information","publisher":"Indiana County (PA) Clerk of Courts","accessed":"2026-10-22"},{"url":"https://www.lasp.org/news/updated-clean-slate-law-expands-eligibility-for-record-sealing","title":"Clean Slate 3.0","publisher":"Legal Aid of Southeastern Pennsylvania","accessed":"2026-10-21"}]}],"clean_slate":{"status":"in_effect","effective":"2019-06-28","detail":"Pennsylvania's Clean Slate law (Act 56 of 2018) began automatically sealing eligible records on June 28, 2019. Act 36 of 2023 (House Bill 689, signed December 14, 2023) expanded it. The petition-sealing changes took effect February 12, 2024. The automatic-sealing changes (the 7-year misdemeanor wait, the 5-year summary offense wait and the new drug-felony track) and automatic expungement after a pardon took effect June 11, 2024. Today the law automatically seals non-conviction records, summary convictions after 5 years, second- and third-degree misdemeanors (and misdemeanors punishable by 2 years or less) after 7 conviction-free years, and qualifying drug felonies after 10 years, once court-ordered restitution is paid. Records involving danger to the person, the family, firearms, sex offenses, animal cruelty or corruption of minors, and people with other felony convictions, are excluded.","sources":[{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091..HTM","title":"18 Pa.C.S. Chapter 91 (§ 9122.2)","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091.022.001..HTM","title":"18 Pa.C.S. § 9122.1 (history note: Act 36 of Dec. 14, 2023, eff. 60 days)","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/BI/FN/2023/0/HB0689P2310.pdf","title":"Fiscal Note, House Bill 689","publisher":"Pennsylvania House Appropriations Committee","accessed":"2026-10-21"}]},"marijuana":{"detail":"We found no marijuana-specific sealing or expungement law in effect. Marijuana possession convictions under section 13 of the Controlled Substance, Drug, Device and Cosmetic Act count as 'qualifying offenses' and can be sealed automatically after 10 conviction-free years (or by petition), unless the sentence had a minimum of 30+ months or a maximum of 60+ months. Misdemeanor drug convictions can also qualify under the general misdemeanor rules.","sources":[{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091..HTM","title":"18 Pa.C.S. Chapter 91 (§§ 9102, 9122.2)","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"}]},"non_conviction":{"detail":"Charges that ended in anything other than a conviction (dismissal, withdrawal, acquittal) are sealed automatically under Clean Slate; the courts send them to the State Police within 30 days after disposition and payment of any court-ordered restitution (18 Pa.C.S. § 9122.2). For full removal, a person can petition for expungement of non-conviction records under Pa.R.Crim.P. 790. Acquittals of all charges after trial are expunged on the court's notice unless the Commonwealth objects within 60 days, and must be expunged within 12 months (§ 9122(a)(4)). Charges dismissed after completing ARD can also be expunged.","sources":[{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091..HTM","title":"18 Pa.C.S. Chapter 91","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091.022.000..HTM","title":"18 Pa.C.S. § 9122","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.pacourts.us/forms/for-the-public","title":"Forms for the Public","publisher":"Unified Judicial System of Pennsylvania","accessed":"2026-10-21"}]},"dui":{"eligible":"some","detail":"Many DUI convictions can be sealed; felony DUIs can't. A first or second DUI is usually an ungraded misdemeanor with a maximum of 6 months (75 Pa.C.S. § 3803), so it falls under Clean Slate's rule for misdemeanors punishable by 2 years or less: automatic sealing after 7 years free from conviction for any offense punishable by 1 year or more, once restitution is paid, if the person has no disqualifying record (for example, no felony conviction other than a qualifying drug offense). A third DUI under the general impairment rule is a second-degree misdemeanor, a grade that can also qualify for automatic sealing. First-degree misdemeanor DUIs (for example, with a minor in the car or a second higher-BAC or refusal offense) can be sealed only by petition after 7 years. Third-degree and second-degree felony DUIs are not on the list of felonies that can be sealed. Community Legal Services lists DUI among misdemeanors that can be sealed. DUI charges dismissed after completing ARD can be expunged; § 3807(e) bars expungement when ARD is not completed. People with a prior DUI or ARD within 10 years, an accident causing death or serious bodily injury to someone else, or a passenger under 14 aren't eligible for DUI ARD (§ 3807(a)(2)). We did not confirm how sealing or ARD expungement affects PennDOT driving records.","sources":[{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038.003.000..HTM","title":"75 Pa.C.S. § 3803. Grading","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038.007.000..HTM","title":"75 Pa.C.S. § 3807. Accelerated Rehabilitative Disposition","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091..HTM","title":"18 Pa.C.S. Chapter 91 (§ 9122.2)","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091.022.001..HTM","title":"18 Pa.C.S. § 9122.1","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://clsphila.org/my-clean-slate/","title":"My Clean Slate","publisher":"Community Legal Services of Philadelphia","accessed":"2026-10-21"}]},"employers":{"detail":"Any employer that gets criminal history information may consider felony and misdemeanor convictions only to the extent they relate to the applicant's suitability for the job, and must tell the applicant in writing if the decision not to hire was based in whole or part on that information (18 Pa.C.S. § 9125). Records sealed by limited access or expunged may not be used for employment decisions, and applicants may respond as if the offense did not occur, except where federal law requires an employer to consider criminal history (§ 9122.5). Employers that hire someone with a sealed or expunged record get immunity from claims based on the sealed part of the record (§ 9122.6). We did not find a statewide 'ban the box' law for private employers; Philadelphia has its own local fair-chance ordinance, which we did not review.","sources":[{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091..HTM","title":"18 Pa.C.S. Chapter 91 (§§ 9122.5, 9122.6, 9125)","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"}]},"free_help":[{"name":"My Clean Slate (Community Legal Services)","url":"https://clsphila.org/my-clean-slate/","type":"legal_aid","detail":"Free automated Clean Slate screener for your own Pennsylvania record, with results by email; CLS is based in Philadelphia."},{"name":"Legal Aid of Southeastern Pennsylvania","url":"https://www.lasp.org/news/updated-clean-slate-law-expands-eligibility-for-record-sealing","type":"legal_aid","detail":"Explains Clean Slate 3.0; helpline 877-429-5994 (Monday-Friday, 9 a.m.-1 p.m.) for Bucks, Chester, Delaware and Montgomery counties."},{"name":"Unified Judicial System of Pennsylvania: Forms for the Public","url":"https://www.pacourts.us/forms/for-the-public","type":"court_self_help","detail":"Statewide petitions for expungement (Rules 490 and 790) and limited access (Rule 791), plus in forma pauperis forms."},{"name":"Pennsylvania State Police: Apply for Criminal Record Expungement","url":"https://www.pa.gov/services/psp/apply-for-criminal-record-expungement","type":"state_agency","detail":"How to get your own State Police record (form SP 4-170, $20) before filing."}],"sources":[{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091..HTM","title":"18 Pa.C.S. Chapter 91 (Criminal History Record Information)","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091.022.001..HTM","title":"18 Pa.C.S. § 9122.1","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091.022.003..HTM","title":"18 Pa.C.S. § 9122.3","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091.022.000..HTM","title":"18 Pa.C.S. § 9122","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038.003.000..HTM","title":"75 Pa.C.S. § 3803","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038.007.000..HTM","title":"75 Pa.C.S. § 3807","publisher":"Pennsylvania General Assembly","accessed":"2026-10-21"},{"url":"https://www.legis.state.pa.us/WU01/LI/BI/FN/2023/0/HB0689P2310.pdf","title":"Fiscal Note, House Bill 689 (Act 36 of 2023)","publisher":"Pennsylvania House Appropriations Committee","accessed":"2026-10-21"},{"url":"https://pacodeandbulletin.gov/secure/pacode/data/234/chapter7/s791.html","title":"Pa.R.Crim.P. 791","publisher":"Pennsylvania Code and Bulletin","accessed":"2026-10-21"},{"url":"https://www.pacourts.us/forms/for-the-public","title":"Forms for the Public","publisher":"Unified Judicial System of Pennsylvania","accessed":"2026-10-21"},{"url":"https://www.pa.gov/services/psp/apply-for-criminal-record-expungement","title":"Apply for Criminal Record Expungement","publisher":"Pennsylvania State Police","accessed":"2026-10-21"},{"url":"https://courts.eriecountypa.gov/wp-content/uploads/2026/04/LimitedAccessInstructions.pdf","title":"Limited Access Instructions","publisher":"Erie County Clerk of Courts","accessed":"2026-10-21"},{"url":"https://www.indianacountypa.gov/wp-content/uploads/Expungement-Information-1.pdf","title":"Expungement Information","publisher":"Indiana County (PA) Clerk of Courts","accessed":"2026-10-22"},{"url":"https://www.courts.phila.gov/pdf/regs/2019/cpaj-13-of-2019.pdf","title":"Administrative Docket No. 13 of 2019","publisher":"First Judicial District of Pennsylvania","accessed":"2026-10-21"},{"url":"https://clsphila.org/my-clean-slate/","title":"My Clean Slate","publisher":"Community Legal Services of Philadelphia","accessed":"2026-10-21"},{"url":"https://www.lasp.org/news/updated-clean-slate-law-expands-eligibility-for-record-sealing","title":"Clean Slate 3.0","publisher":"Legal Aid of Southeastern Pennsylvania","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"rhode-island","code":"RI","name":"Rhode Island","terms":["expungement","sealing","filing","deferred sentence"],"summary":"Rhode Island lets people ask a judge to expunge convictions: one misdemeanor after 5 years, one felony after 10, up to five misdemeanors after 10, and, since June 22, 2026, two to four felonies after 15 years if you have no conviction for a crime of violence or another listed offense. Crimes of violence are excluded and there can be no arrests in the waiting period. Completed deferred sentences can be expunged right away. Some records clear on their own: District Court cases dismissed under Rule 48(a) since 2023 are sealed automatically, filed complaints are expunged when the filing period ends, and decriminalized marijuana possession records were to be automatically expunged by July 1, 2024. Other dismissals and acquittals are sealed by motion.","remedies":[{"id":"expungement-of-convictions","name":"Expungement of convictions by motion","type":"expungement","effect":"Expungement seals and keeps the records and removes them from active files (R.I. Gen. Laws § 12-1.3-1). The court orders all records of the conviction expunged and all index references removed from public inspection, and sends the order to agencies holding the records (§ 12-1.3-3(c)). 'Records' include court records, state and local police records, the Bureau of Criminal Identification (BCI) and probation records (§ 12-1.3-1). You are released from the penalties and disabilities of the conviction, although it can be counted as a prior conviction if you are sentenced for a later crime (§ 12-1.3-4(a)). On applications for jobs, licenses and other privileges, and as a witness, you may say you have never been convicted of the crime, except when applying for a law enforcement agency position, bar admission, a teaching or coaching certificate, or to operate or work at an early childhood education facility (§ 12-1.3-4(b)).","covers":"Misdemeanor and felony convictions (including probation) for people with one conviction, up to five misdemeanors, or, since June 22, 2026, two to four felonies with no crime of violence or other listed offense on the record.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Single conviction (the statute's 'first offender'): your only conviction or probation is the one you want expunged, with no pending charges (§§ 12-1.3-1, 12-1.3-2(a)). A misdemeanor can be expunged 5 years after you complete the sentence; a felony, 10 years after.","Multiple misdemeanors: more than one but fewer than six misdemeanor convictions, 10 years after you complete your last sentence (§ 12-1.3-2). Before June 22, 2026 this route required no felony conviction at all; the 2026 amendment rewords it to bar a felony 'which is a crime of violence or other prohibited offenses' (P.L. 2026, ch. 171-172). It isn't settled whether this now lets someone with another kind of felony use the misdemeanor route: the court forms (revised February 2025) still say you must not have been convicted of a felony, and we found no court or agency guidance on the new wording.","Multiple felonies (new June 22, 2026): more than one but fewer than five felony convictions, 15 years after you complete your last sentence, if you have never been convicted of a crime of violence or an 'other prohibited offense' (P.L. 2026, ch. 171-172). The law doesn't say how misdemeanor convictions on the same record affect this route.","In the waiting period before you file (5 years for a misdemeanor, 10 for a felony or multiple misdemeanors, 15 for multiple felonies), you must not have been convicted of or arrested for any felony or misdemeanor, you must have no pending criminal case, and you must show good character; the 2026 law changed 'good moral character' to 'good character' (§ 12-1.3-3(b)(1); P.L. 2026, ch. 171-172). For a single conviction you also can't owe court fines or costs unless the court reduced or waived them, and the Judicial Records Center says all fines, fees, costs, restitution and assessments must be paid or waived before an expungement is completed.","The judge must find you are rehabilitated and that expungement is consistent with the public interest. Since June 2026 the judge may consider your background, employment and community ties, and no single factor decides the case (§ 12-1.3-3(b)(2)).","Prostitution or loitering for prostitution convictions, probation or filings can be expunged 1 year after completing the sentence, even if you have other convictions (§ 11-34.1-5)."],"not_eligible":["Crimes of violence: murder, manslaughter, first-degree arson, kidnapping with intent to extort, robbery, larceny from the person, first- and second-degree sexual assault, first- and second-degree child molestation, assault with intent to murder, rob or commit first-degree sexual assault, burglary, and entering a dwelling with intent to commit murder, robbery, sexual assault or larceny (§§ 12-1.3-1(1), 12-1.3-2(a)).","For the multiple-felony route, any conviction for an 'other prohibited offense' also disqualifies you. The list: assault with a dangerous weapon in a dwelling, assaults causing serious injury to older adults, people with severe impairments or children, child cruelty, neglect, abuse and endangerment, criminal offenses against a minor as defined in § 11-37.1-2(f), weapons offenses (Chapter 11-47), human trafficking (Chapter 11-67.1), leaving the scene of an injury crash, and driving to endanger or DUI resulting in death (P.L. 2026, ch. 171-172).","Domestic violence offenses (Chapter 12-29), DUI (§ 31-27-2) and refusal to submit to a chemical test (§ 31-27-2.1) can't be expunged through the multiple-misdemeanor or multiple-felony routes; they can be expunged only under the single-conviction ('first offender') route (§ 12-1.3-2; Public Defender).","Six or more misdemeanor convictions, or five or more felony convictions.","Anyone arrested for, or convicted of, any felony or misdemeanor during the lookback period before filing (§ 12-1.3-3(b)(1)).","After a successful expungement under the multiple-felony route, you can't use it again for remaining felonies (P.L. 2026, ch. 171-172)."],"waiting_periods":[{"record":"Single misdemeanor (only conviction)","wait":"5 years after completing the sentence","detail":"No arrests or convictions in the 5 years before filing (§§ 12-1.3-2, 12-1.3-3(b)(1)(i))."},{"record":"Single felony (only conviction)","wait":"10 years after completing the sentence","detail":"No arrests or convictions in the 10 years before filing; crimes of violence are excluded."},{"record":"2 to 5 misdemeanors","wait":"10 years after completing the last sentence","detail":"No arrests or convictions in the 10 years before filing; domestic violence, DUI and refusal convictions are excluded from this route."},{"record":"2 to 4 felonies (no crime of violence or other prohibited offense)","wait":"15 years after completing the last sentence","detail":"New route from P.L. 2026, ch. 171-172, effective June 22, 2026. No arrests or convictions in the 15 years before filing."},{"record":"Prostitution or loitering for prostitution","wait":"1 year after completing the sentence","detail":"§ 11-34.1-5."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your official BCI record from the Attorney General's office in Cranston and confirm what is on it (Public Defender).","Get certified copies of older cases from the Judicial Records Center in Pawtucket if needed.","Fill out the court's Motion to Expunge or Seal Record and the affidavit for your situation, and sign the affidavit before a notary or clerk.","File the motion with the clerk of the court where you were convicted. The clerk sets a hearing date at least 10 days out.","Give notice of the hearing date to the Attorney General's office and the police department that brought the charge at least 10 days before the hearing (§ 12-1.3-3(a)).","Go to the hearing with the proposed order. If the motion is granted and all court debts are paid or waived, the clerk prepares certified copies of the order; deliver them to BCI and the police department that charged you (Judicial Records Center)."],"where":"The court where the conviction took place (District, Superior or Family Court).","forms":[{"name":"District Court: Motion to Expunge or Seal Record and Affidavit (DC-33)","url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20to%20Expunge%20or%20Seal%20and%20Affidavit.pdf"},{"name":"Superior Court: Motion and Affidavit to Expunge or Seal Record - Felony (Superior-55)","url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20and%20Affidavit%20to%20Expunge%20or%20Seal%20Record%20-%20Felony.pdf"},{"name":"Superior Court: Motion and Affidavit to Expunge or Seal Record - Misdemeanor","url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20and%20Affidavit%20to%20Expunge%20or%20Seal%20Record%20-%20Misdemeanor.pdf"},{"name":"Family Court: Motion to Expunge or Seal Record and Affidavit - Misdemeanor","url":"https://www.courts.ri.gov/Forms/Motion%20and%20Affidavit%20to%20Expunge%20or%20Seal%20Record%20-%20Misdemeanor%20(2).pdf"}],"cost":{"filing_fee_usd":0,"detail":"The Public Defender says there is no filing fee for a motion to expunge, and the Superior Court fee schedule (revised September 2026) lists none. Costs come from getting records: the Public Defender lists $5 for your BCI record at the Attorney General's office (waived for people 62 or older or with a disability) and $3 per case for certified copies from the Judicial Records Center for cases more than 3 years old. All court fines, fees, costs, assessments and restitution must be paid, or reduced or waived by the court, before the expungement is completed (§ 12-1.3-2(a); Judicial Records Center).","fee_waiver":"yes","fee_waiver_detail":"There's no filing fee to waive. The court can reduce or waive outstanding court-imposed fines, fees and costs that would otherwise block expungement (§§ 12-1.3-2(a), 12-1.3-3(b)(1)(i))."},"hearing":"yes","timeline":"Notice must be given at least 10 days before the hearing. The Public Defender says the process can take several months and suggests checking your BCI record a month or two after the order.","statute":{"cite":"R.I. Gen. Laws §§ 12-1.3-1 to 12-1.3-4, as amended by P.L. 2026, ch. 171-172","url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/INDEX.htm"},"sources":[{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-1.htm","title":"R.I. Gen. Laws § 12-1.3-1, Definitions (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-2.htm","title":"R.I. Gen. Laws § 12-1.3-2, Motion for expungement (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-3.htm","title":"R.I. Gen. Laws § 12-1.3-3, Motion for expungement — Notice — Hearing — Criteria for granting (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-4.htm","title":"R.I. Gen. Laws § 12-1.3-4, Effect of expungement of records","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law26/law26171.htm","title":"P.L. 2026, ch. 171 (2026-H 7079 Substitute A), Expungement of Criminal Records, enacted June 22, 2026","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law26/law26172.htm","title":"P.L. 2026, ch. 172 (2026-S 3036 Substitute A), Expungement of Criminal Records, enacted June 22, 2026","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.rilegislature.gov/pressrelease/Lists/PressReleases/DispForm.aspx?ID=376662","title":"Assembly passes Craven, Bissaillon expungement expansion bill (June 9, 2026)","publisher":"Rhode Island Legislative Press Bureau","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE11/11-34.1/11-34.1-5.htm","title":"R.I. Gen. Laws § 11-34.1-5, Expungement of certain criminal records (commercial sexual activity)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/programs-services/Pages/Judicial-Records-Expungement-Information.aspx","title":"Judicial Records Center: Expungement Information","publisher":"Rhode Island Judiciary","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20to%20Expunge%20or%20Seal%20and%20Affidavit.pdf","title":"DC-33 District Court Instructions, Motion to Expunge or Seal Record and Affidavit (rev. Feb. 2025)","publisher":"Rhode Island District Court","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20and%20Affidavit%20to%20Expunge%20or%20Seal%20Record%20-%20Felony.pdf","title":"Superior-55 Instructions, Motion and Affidavit to Expunge or Seal Record - Felony (rev. Feb. 2025)","publisher":"Rhode Island Superior Court","accessed":"2026-10-22"},{"url":"https://www.ripd.org/expungement-sealingcriminalrecords.html","title":"Expungement and Sealing of Criminal Records Resource Guide","publisher":"Rhode Island Public Defender","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/programs-services/Documents/Fees.pdf","title":"Superior Court Filing Fees (revised September 2026)","publisher":"Rhode Island Judiciary","accessed":"2026-10-22"}]},{"id":"deferred-sentence-expungement","name":"Expungement after a deferred sentence","type":"expungement","effect":"Same effect as other expungements under Chapter 12-1.3: records sealed and removed from public inspection, and you may generally say you were never convicted (§§ 12-1.3-3(c), 12-1.3-4).","covers":"Superior Court cases where you pleaded guilty or no contest and the court deferred sentencing under a written deferral agreement.","outcomes":["diversion"],"narrow":null,"eligible":["You pleaded guilty or nolo contendere and the Superior Court formally deferred sentence under a written deferral agreement (§ 12-19-19(a)).","You completed the deferment period, and after a hearing the court finds you complied with every term, including full payment of fines, fees, costs, assessments and restitution (§§ 12-19-19(c), 12-1.3-3(b)(1)(ii)).","You have no pending criminal case and have shown good character (§ 12-1.3-3(b)(1)(ii); P.L. 2026, ch. 171-172 removed the word 'moral').","You don't have to wait the usual 5 or 10 years; you can file once the deferment is completed (§ 12-1.3-2)."],"not_eligible":["Anyone who has been convicted of a crime of violence (§ 12-1.3-3(b)(1)(ii))."],"waiting_periods":[{"record":"Deferred sentence","wait":"When the deferment period is completed","detail":"Deferral agreements can run up to 5 years (§ 12-19-19(a))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Use the Superior Court Motion and Affidavit to Expunge or Seal Record - Felony and complete Part Three (deferred sentence).","File in the court that deferred your sentence, give the Attorney General and the police department at least 10 days' notice, and attend the hearing."],"where":"The Superior Court that entered the deferral agreement.","forms":[{"name":"Superior Court: Motion and Affidavit to Expunge or Seal Record - Felony (Superior-55)","url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20and%20Affidavit%20to%20Expunge%20or%20Seal%20Record%20-%20Felony.pdf"}],"cost":{"filing_fee_usd":0,"detail":"The Public Defender says there is no filing fee for a motion to expunge, and the Superior Court fee schedule (revised September 2026) lists none. Costs come from getting records: the Public Defender lists $5 for your BCI record at the Attorney General's office (waived for people 62 or older or with a disability) and $3 per case for certified copies from the Judicial Records Center for cases more than 3 years old. All court fines, fees, costs, assessments and restitution must be paid, or reduced or waived by the court, before the expungement is completed (§ 12-1.3-2(a); Judicial Records Center).","fee_waiver":"yes","fee_waiver_detail":"There's no filing fee to waive. The court can reduce or waive outstanding court-imposed fines, fees and costs that would otherwise block expungement (§§ 12-1.3-2(a), 12-1.3-3(b)(1)(i))."},"hearing":"yes","timeline":null,"statute":{"cite":"R.I. Gen. Laws §§ 12-19-19, 12-1.3-2, 12-1.3-3(b)(1)(ii)","url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-19/12-19-19.htm"},"sources":[{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-19/12-19-19.htm","title":"R.I. Gen. Laws § 12-19-19, Deferment of sentence","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-2.htm","title":"R.I. Gen. Laws § 12-1.3-2, Motion for expungement (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-3.htm","title":"R.I. Gen. Laws § 12-1.3-3, Motion for expungement — Notice — Hearing — Criteria for granting (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-4.htm","title":"R.I. Gen. Laws § 12-1.3-4, Effect of expungement of records","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20and%20Affidavit%20to%20Expunge%20or%20Seal%20Record%20-%20Felony.pdf","title":"Superior-55 Instructions, Motion and Affidavit to Expunge or Seal Record - Felony (rev. Feb. 2025)","publisher":"Rhode Island Superior Court","accessed":"2026-10-22"},{"url":"https://www.ripd.org/expungement-sealingcriminalrecords.html","title":"Expungement and Sealing of Criminal Records Resource Guide","publisher":"Rhode Island Public Defender","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law26/law26171.htm","title":"P.L. 2026, ch. 171 (2026-H 7079 Substitute A), Expungement of Criminal Records, enacted June 22, 2026","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/programs-services/Documents/Fees.pdf","title":"Superior Court Filing Fees (revised September 2026)","publisher":"Rhode Island Judiciary","accessed":"2026-10-22"}]},{"id":"filed-complaint-expungement","name":"Automatic expungement of a filed complaint","type":"expungement","effect":"If no action is taken on a complaint during the filing period, it is automatically expunged and no criminal record results, although a guilty plea or finding can still be used in a civil lawsuit for a tort (§ 12-10-12(c)). Identification records are destroyed and records sealed when the filing period expires (§ 12-1-12(b)).","covers":"Misdemeanor complaints the judge placed 'on file' with conditions, after the filing period ends without a violation.","outcomes":["diversion"],"narrow":null,"eligible":["A judge placed the complaint on file (allowed for complaints other than felonies, for people with no felony conviction, and not for private complaints) (§ 12-10-12(a)).","During the filing period you kept the peace, were of good behavior and paid all court-imposed fees and costs unless reduced or waived (§ 12-10-12(b))."],"not_eligible":["Domestic violence complaints that were filed: records are expunged without a motion only after 3 years with no new domestic violence charge (or an acquittal or dismissal of one) (§ 12-10-12(d)).","If the court finds a violation during the filing period, it can revive the case or sentence you (§ 12-10-12(b)-(c))."],"waiting_periods":[{"record":"Filed misdemeanor complaint","wait":"End of the filing period set by the judge","detail":"The Public Defender describes the wait as one full year and says to follow up to confirm the expungement happened."},{"record":"Filed domestic violence complaint","wait":"3 years after the filing date","detail":"§ 12-10-12(d)."}],"automatic":"yes","automatic_detail":"By statute the complaint is 'automatically expunged' if no action is taken during the filing period (§ 12-10-12(c)). The Public Defender says it is supposed to be automatic but advises checking that it was done.","how_to_file":["Nothing to file if the filing period ends without a violation.","Check the Judiciary's public portal or your BCI record afterward; if the case still appears, ask the clerk or file a motion."],"where":"The court where the complaint was filed.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No fee for automatic expungement.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":null,"statute":{"cite":"R.I. Gen. Laws §§ 12-10-12, 12-1-12(b)","url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-10/12-10-12.htm"},"sources":[{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-10/12-10-12.htm","title":"R.I. Gen. Laws § 12-10-12, Filing of complaints","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1/12-1-12.htm","title":"R.I. Gen. Laws § 12-1-12, Destruction or sealing of records of persons acquitted or otherwise exonerated","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.ripd.org/expungement-sealingcriminalrecords.html","title":"Expungement and Sealing of Criminal Records Resource Guide","publisher":"Rhode Island Public Defender","accessed":"2026-10-22"}]},{"id":"sealing-non-conviction","name":"Sealing after dismissal, acquittal or no charges","type":"sealing","effect":"Fingerprints, photographs and other identification records taken after the arrest are destroyed, BCI records are sealed, and the court records are sealed (§§ 12-1-12(a), 12-1-12.1). For an arrest the police find was wrongful, all arrest records are sealed and identifying information destroyed, and you may deny the arrest happened for any purpose, including job and license applications (§ 12-1-12.2).","covers":"Cases that ended in dismissal, acquittal, a no true bill or no information, and wrongful arrests with no charges.","outcomes":["no_conviction"],"narrow":null,"eligible":["District Court cases dismissed under Rule 48(a) on or after January 1, 2023 are sealed automatically 10 to 20 days after the dismissal, including BCI records (§ 12-1-12.1(a)(1)).","District Court Rule 48(a) dismissals before January 1, 2023 are sealed administratively by the clerk when you ask; the order goes to BCI within 5 days and must be carried out within 90 days (§ 12-1-12.1(a)(2)).","Anyone acquitted or otherwise exonerated of all counts in a case, including other dismissals, a no true bill or no information, may file a motion to seal (§ 12-1-12.1(b)). The Public Defender says a not-guilty verdict can be sealed regardless of earlier felony convictions.","People arrested by mistake or without probable cause and never charged: the police must seal and destroy the records within 60 days of finding the arrest was wrongful, regardless of any other record (§ 12-1-12.2)."],"not_eligible":["A case where only some counts ended in dismissal or acquittal: the motion route covers people exonerated 'of all counts' (§ 12-1-12.1(b)).","Domestic violence cases that were filed must wait 3 years from the filing date before sealing or expungement (§§ 12-1-12(c), 12-1-12.1(c))."],"waiting_periods":[{"record":"District Court Rule 48(a) dismissal on or after January 1, 2023","wait":"10 to 20 days, then automatic","detail":null},{"record":"Acquittal, other dismissal, no true bill or no information","wait":"None","detail":"File a motion; the clerk seals the court records within 45 days of the order (§ 12-1-12.1(b)(3))."}],"automatic":"some","automatic_detail":"Automatic for District Court Rule 48(a) dismissals on or after January 1, 2023 (P.L. 2022, ch. 253, timing shortened to 10-20 days by P.L. 2023, ch. 154), and for wrongful arrests once police make that finding (§ 12-1-12.2). Older 48(a) dismissals are sealed by the clerk on request; other non-convictions need a motion.","how_to_file":["For a District Court 48(a) dismissal on or after January 1, 2023, nothing to file; check the public portal or your BCI record to confirm.","For an older 48(a) dismissal, ask the District Court clerk to seal it administratively.","For an acquittal or other dismissal, use the court's Motion to Expunge or Seal Record (Part One of the affidavit), give the Attorney General and the police department at least 10 days' notice of the hearing, and attend (§ 12-1-12.1(b))."],"where":"The court where the case was heard.","forms":[{"name":"District Court: Motion to Expunge or Seal Record and Affidavit (DC-33)","url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20to%20Expunge%20or%20Seal%20and%20Affidavit.pdf"},{"name":"Superior Court: Motion and Affidavit to Expunge or Seal Record - Felony (Superior-55)","url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20and%20Affidavit%20to%20Expunge%20or%20Seal%20Record%20-%20Felony.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No filing fee for the motion, according to the Public Defender; automatic sealing is free.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"Automatic sealing 10 to 20 days after a Rule 48(a) dismissal; for motions, sealing within 45 days of the order.","statute":{"cite":"R.I. Gen. Laws §§ 12-1-12, 12-1-12.1, 12-1-12.2","url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1/12-1-12.1.htm"},"sources":[{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1/12-1-12.htm","title":"R.I. Gen. Laws § 12-1-12, Destruction or sealing of records of persons acquitted or otherwise exonerated","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1/12-1-12.1.htm","title":"R.I. Gen. Laws § 12-1-12.1, Sealing of records of persons acquitted or otherwise exonerated by operation of law or by motion","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1/12-1-12.2.htm","title":"R.I. Gen. Laws § 12-1-12.2, Sealing of arrest records for wrongful arrest","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law22/law22253.htm","title":"P.L. 2022, ch. 253 (2022-H 7354 Substitute A), automatic sealing of Rule 48(a) dismissals","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law23/law23154.htm","title":"P.L. 2023, ch. 154 (2023-S 0906 Substitute A), automatic sealing 10 to 20 days after Rule 48(a) dismissal","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/programs-services/Pages/Judicial-Records-Expungement-Information.aspx","title":"Judicial Records Center: Expungement Information","publisher":"Rhode Island Judiciary","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20to%20Expunge%20or%20Seal%20and%20Affidavit.pdf","title":"DC-33 District Court Instructions, Motion to Expunge or Seal Record and Affidavit (rev. Feb. 2025)","publisher":"Rhode Island District Court","accessed":"2026-10-22"},{"url":"https://www.ripd.org/expungement-sealingcriminalrecords.html","title":"Expungement and Sealing of Criminal Records Resource Guide","publisher":"Rhode Island Public Defender","accessed":"2026-10-22"}]},{"id":"marijuana-automatic-expungement","name":"Automatic expungement of marijuana possession records","type":"expungement","effect":"The court orders the records expunged and removed from public inspection and sends the order to the Attorney General and the police (§ 12-1.3-5(f)). The expunged conviction can't be counted as a prior when sentencing a later offense, and you may say you were never convicted, with the same exceptions as other expungements (law enforcement jobs, bar admission, teaching or coaching certificates, early childhood education) (§ 12-1.3-5(k)-(l)).","covers":"Civil violations and misdemeanor or felony convictions for possession only of marijuana in amounts later decriminalized by the 2022 Cannabis Act.","outcomes":["misdemeanor","felony"],"narrow":"Marijuana possession only","eligible":["A prior civil violation, misdemeanor or felony conviction for possession only of marijuana that was later decriminalized (§ 12-1.3-5(a)).","'Conviction' includes a nolo contendere plea with a jail or suspended sentence, and a deferred sentence agreement that hasn't been completed (§ 12-1.3-5(a)).","If the amount isn't stated in the record, the court presumes it was 2 ounces or less (§ 12-1.3-5(d)).","Other convictions, crimes of violence, pending cases and unpaid court debts don't block it; unpaid fines and costs on the eligible charge are waived (§ 12-1.3-5(g))."],"not_eligible":["Selling, delivering or manufacturing marijuana, according to the Judiciary's description of the Chief Justice's executive order, which covers possession convictions of people 18 or older and civil violations of people 21 or older."],"waiting_periods":[{"record":"Decriminalized marijuana possession","wait":"None","detail":"The statute required all eligible records to be expunged before July 1, 2024 (§ 12-1.3-5(b))."}],"automatic":"yes","automatic_detail":"The Cannabis Act (P.L. 2022, ch. 31-32, effective May 25, 2022) requires automatic expungement under a procedure set by the Chief Justice, with all eligible records expunged before July 1, 2024 (§ 12-1.3-5(b)). The Judiciary says Executive Order 2023-02 set two phases: cases where possession was the only charge (more than 23,000 expunged before April 30, 2023) and cases with multiple charges, planned for completion by July 1, 2024. You can also request expedited expungement in writing (§ 12-1.3-5(c)).","how_to_file":["Nothing to file. Check the Rhode Island Judiciary Public Portal; expunged cases no longer appear.","If an eligible case still appears, submit a Notice for Expedited Marijuana Possession Expungement to the court that heard the case, in person or by email to that court's help desk (Superior Court, District Court divisions or Traffic Tribunal)."],"where":"Automatic through the Superior Court, District Court and Rhode Island Traffic Tribunal.","forms":[],"cost":{"filing_fee_usd":0,"detail":"The automatic process is free, and people who were incarcerated for marijuana possession have all court costs waived (§ 12-1.3-5(e); Judiciary).","fee_waiver":"yes","fee_waiver_detail":"Outstanding fines, fees and costs on the eligible charge are waived (§ 12-1.3-5(g))."},"hearing":"no","timeline":"Statutory deadline: before July 1, 2024.","statute":{"cite":"R.I. Gen. Laws § 12-1.3-5","url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-5.htm"},"sources":[{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-5.htm","title":"R.I. Gen. Laws § 12-1.3-5, Expungement of marijuana records","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/Courts/superiorcourt/Documents/Phase%20One%20of%20Marijuana%20Expungement%20Process.pdf","title":"Rhode Island Judiciary Completes Phase One of Marijuana Expungement Process","publisher":"Rhode Island Judiciary","accessed":"2026-10-22"}]},{"id":"decriminalized-offense-expungement","name":"Expungement of an offense that was later decriminalized","type":"expungement","effect":"The court orders expungement without cost once it finds all conditions of the original sentence were completed and all related fines, fees and costs were paid (§ 12-1.3-3(e)).","covers":"Convictions for conduct that the General Assembly decriminalized after the conviction.","outcomes":["misdemeanor","felony"],"narrow":"Offenses later decriminalized only","eligible":["The offense was decriminalized after the date of your conviction; the usual single-conviction limits and waiting periods don't apply (§ 12-1.3-2).","You completed all conditions of the original sentence and paid all related fines, fees and costs (§ 12-1.3-3(e))."],"not_eligible":["Offenses that remain crimes under current law."],"waiting_periods":[{"record":"Decriminalized offense","wait":"None once the sentence is completed and paid","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File the Motion to Expunge or Seal Record in the court where you were convicted, using the decriminalized-offense part of the affidavit (an attorney filing the motion doesn't need the affidavit).","The court may ask you to show that the conviction would be a decriminalized offense under current law, for example with a signed affidavit (§ 12-1.3-3(e))."],"where":"The court where the original conviction took place.","forms":[{"name":"District Court: Motion to Expunge or Seal Record and Affidavit (DC-33)","url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20to%20Expunge%20or%20Seal%20and%20Affidavit.pdf"},{"name":"Superior Court: Motion and Affidavit to Expunge or Seal Record - Felony (Superior-55)","url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20and%20Affidavit%20to%20Expunge%20or%20Seal%20Record%20-%20Felony.pdf"}],"cost":{"filing_fee_usd":0,"detail":"The court orders this expungement 'without cost to the petitioner' (§ 12-1.3-3(e)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":null,"statute":{"cite":"R.I. Gen. Laws §§ 12-1.3-2, 12-1.3-3(e)","url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-3.htm"},"sources":[{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-2.htm","title":"R.I. Gen. Laws § 12-1.3-2, Motion for expungement (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-3.htm","title":"R.I. Gen. Laws § 12-1.3-3, Motion for expungement — Notice — Hearing — Criteria for granting (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law26/law26171.htm","title":"P.L. 2026, ch. 171 (2026-H 7079 Substitute A), Expungement of Criminal Records, enacted June 22, 2026","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20to%20Expunge%20or%20Seal%20and%20Affidavit.pdf","title":"DC-33 District Court Instructions, Motion to Expunge or Seal Record and Affidavit (rev. Feb. 2025)","publisher":"Rhode Island District Court","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20and%20Affidavit%20to%20Expunge%20or%20Seal%20Record%20-%20Felony.pdf","title":"Superior-55 Instructions, Motion and Affidavit to Expunge or Seal Record - Felony (rev. Feb. 2025)","publisher":"Rhode Island Superior Court","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"Rhode Island has no broad Clean Slate law; a Clean Slate Act bill (2026-H 7508) was introduced but didn't become law in 2026. Several kinds of records clear automatically: District Court cases dismissed under Rule 48(a) on or after January 1, 2023 are sealed 10 to 20 days after dismissal, including BCI records (R.I. Gen. Laws § 12-1-12.1(a), added by P.L. 2022, ch. 253 and amended by P.L. 2023, ch. 154); filed complaints are automatically expunged if no action is taken during the filing period (§ 12-10-12(c)); and possession-only marijuana records decriminalized by the 2022 Cannabis Act were to be automatically expunged before July 1, 2024 (§ 12-1.3-5). Convictions otherwise require a motion and a hearing.","sources":[{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1/12-1-12.1.htm","title":"R.I. Gen. Laws § 12-1-12.1, Sealing of records of persons acquitted or otherwise exonerated by operation of law or by motion","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law22/law22253.htm","title":"P.L. 2022, ch. 253 (2022-H 7354 Substitute A), automatic sealing of Rule 48(a) dismissals","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law23/law23154.htm","title":"P.L. 2023, ch. 154 (2023-S 0906 Substitute A), automatic sealing 10 to 20 days after Rule 48(a) dismissal","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-10/12-10-12.htm","title":"R.I. Gen. Laws § 12-10-12, Filing of complaints","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-5.htm","title":"R.I. Gen. Laws § 12-1.3-5, Expungement of marijuana records","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/Courts/superiorcourt/Documents/Phase%20One%20of%20Marijuana%20Expungement%20Process.pdf","title":"Rhode Island Judiciary Completes Phase One of Marijuana Expungement Process","publisher":"Rhode Island Judiciary","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/BillText26/HouseText26/H7508.htm","title":"2026-H 7508, The Rhode Island Clean Slate Act (introduced February 4, 2026)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"}]},"marijuana":{"detail":"The Rhode Island Cannabis Act (P.L. 2022, ch. 31-32, effective May 25, 2022) requires automatic expungement of prior civil violations and misdemeanor or felony convictions for possession only of marijuana that has since been decriminalized, with all eligible records expunged before July 1, 2024 (R.I. Gen. Laws § 12-1.3-5). Prior records, crimes of violence, pending cases and unpaid court debts don't block it, the amount is presumed to be 2 ounces or less if the record doesn't say, and outstanding fines on the eligible charge are waived. The Judiciary reports that more than 23,000 single-charge cases were expunged before April 30, 2023, and multi-charge cases were planned for completion by July 1, 2024. If a case still shows on the public portal, you can file a Notice for Expedited Marijuana Possession Expungement with the court that heard it. Other offenses that were decriminalized after conviction can be expunged by motion without cost (§§ 12-1.3-2, 12-1.3-3(e)).","sources":[{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-5.htm","title":"R.I. Gen. Laws § 12-1.3-5, Expungement of marijuana records","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/Courts/superiorcourt/Documents/Phase%20One%20of%20Marijuana%20Expungement%20Process.pdf","title":"Rhode Island Judiciary Completes Phase One of Marijuana Expungement Process","publisher":"Rhode Island Judiciary","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-2.htm","title":"R.I. Gen. Laws § 12-1.3-2, Motion for expungement (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-3.htm","title":"R.I. Gen. Laws § 12-1.3-3, Motion for expungement — Notice — Hearing — Criteria for granting (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"}]},"non_conviction":{"detail":"District Court cases dismissed under Rule 48(a) on or after January 1, 2023 are sealed automatically 10 to 20 days later; older 48(a) dismissals are sealed by the clerk on request (R.I. Gen. Laws § 12-1-12.1(a)). Other dismissals, acquittals on all counts, no true bills and no informations are sealed by motion, with 10 days' notice to the Attorney General and the police; the clerk seals the court records within 45 days of the order, and identification records such as fingerprints and photographs are destroyed (§§ 12-1-12, 12-1-12.1(b)). Filed complaints are expunged automatically when the filing period ends without a violation (§ 12-10-12(c)). Police must seal records of a wrongful arrest with no charges within 60 days, and the person may deny the arrest for any purpose (§ 12-1-12.2). The Public Defender notes that dismissed and acquitted cases stay on your BCI record until they are sealed.","sources":[{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1/12-1-12.1.htm","title":"R.I. Gen. Laws § 12-1-12.1, Sealing of records of persons acquitted or otherwise exonerated by operation of law or by motion","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1/12-1-12.htm","title":"R.I. Gen. Laws § 12-1-12, Destruction or sealing of records of persons acquitted or otherwise exonerated","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-10/12-10-12.htm","title":"R.I. Gen. Laws § 12-10-12, Filing of complaints","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1/12-1-12.2.htm","title":"R.I. Gen. Laws § 12-1-12.2, Sealing of arrest records for wrongful arrest","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.ripd.org/expungement-sealingcriminalrecords.html","title":"Expungement and Sealing of Criminal Records Resource Guide","publisher":"Rhode Island Public Defender","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"A DUI conviction (R.I. Gen. Laws § 31-27-2) can be expunged only under the single-conviction route (the statute's 'first offender'), meaning it is your only conviction or probation: 5 years after completing the sentence for a misdemeanor DUI, with no arrests or convictions in those 5 years (§§ 12-1.3-2, 12-1.3-3). DUI and refusal to submit to a chemical test (§ 31-27-2.1) are excluded from the multiple-misdemeanor route and from the multiple-felony route added on June 22, 2026, and DUI resulting in death (§ 31-27-2.2) is an 'other prohibited offense' under the 2026 law (P.L. 2026, ch. 171-172). The Public Defender's guide says DUI convictions aren't eligible unless it is the person's only conviction.","sources":[{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-2.htm","title":"R.I. Gen. Laws § 12-1.3-2, Motion for expungement (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-3.htm","title":"R.I. Gen. Laws § 12-1.3-3, Motion for expungement — Notice — Hearing — Criteria for granting (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law26/law26171.htm","title":"P.L. 2026, ch. 171 (2026-H 7079 Substitute A), Expungement of Criminal Records, enacted June 22, 2026","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE31/31-27/31-27-2.htm","title":"R.I. Gen. Laws § 31-27-2, Driving under influence of liquor or drugs","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.ripd.org/expungement-sealingcriminalrecords.html","title":"Expungement and Sealing of Criminal Records Resource Guide","publisher":"Rhode Island Public Defender","accessed":"2026-10-22"}]},"employers":{"detail":"After expungement you may state on job and license applications that you have never been convicted of the crime, except when applying for law enforcement agency positions, bar admission, teaching or coaching certificates, or to operate or work at an early childhood education facility (R.I. Gen. Laws § 12-1.3-4(b)); record custodians can't disclose expunged records except to listed parties (§ 12-1.3-4(c)). Rhode Island's fair-chance law covers the state, cities and towns, and any employer with four or more employees: they may not ask on an application, or otherwise, whether an applicant has ever been arrested, charged with or convicted of a crime, except for law enforcement positions, jobs where law creates a mandatory or presumptive disqualification for specific convictions, or jobs requiring a fidelity bond; they may ask about convictions at the first interview or later (§§ 28-5-7(7), 28-5-6). The Public Defender summarizes this as: employers can't ask about arrests, and can't ask about convictions on the initial application.","sources":[{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-4.htm","title":"R.I. Gen. Laws § 12-1.3-4, Effect of expungement of records","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE28/28-5/28-5-7.htm","title":"R.I. Gen. Laws § 28-5-7, Unlawful employment practices (subdivision (7), criminal record inquiries)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE28/28-5/28-5-6.htm","title":"R.I. Gen. Laws § 28-5-6, Definitions ('employer': four or more employees)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.ripd.org/expungement-sealingcriminalrecords.html","title":"Expungement and Sealing of Criminal Records Resource Guide","publisher":"Rhode Island Public Defender","accessed":"2026-10-22"}]},"free_help":[{"name":"Rhode Island Public Defender: Expungement and Sealing Resource Guide","url":"https://www.ripd.org/expungement-sealingcriminalrecords.html","type":"public_defender","detail":"Plain-language eligibility guide, plus free monthly expungement clinics with Justice Assistance in Cranston for people on public benefits or people formerly represented by a public defender or court-appointed attorney (by appointment)."},{"name":"Rhode Island Judiciary: Judicial Records Center Expungement Information","url":"https://www.courts.ri.gov/programs-services/Pages/Judicial-Records-Expungement-Information.aspx","type":"court_self_help","detail":"Motion and affidavit forms for District, Superior and Family Court, and how orders are delivered to BCI and police."}],"sources":[{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/INDEX.htm","title":"R.I. Gen. Laws Chapter 12-1.3, Expungement of Criminal Records (index)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-1.htm","title":"R.I. Gen. Laws § 12-1.3-1, Definitions (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-2.htm","title":"R.I. Gen. Laws § 12-1.3-2, Motion for expungement (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-3.htm","title":"R.I. Gen. Laws § 12-1.3-3, Motion for expungement — Notice — Hearing — Criteria for granting (online text not yet updated for P.L. 2026, ch. 171-172)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-4.htm","title":"R.I. Gen. Laws § 12-1.3-4, Effect of expungement of records","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1.3/12-1.3-5.htm","title":"R.I. Gen. Laws § 12-1.3-5, Expungement of marijuana records","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1/12-1-12.htm","title":"R.I. Gen. Laws § 12-1-12, Destruction or sealing of records of persons acquitted or otherwise exonerated","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1/12-1-12.1.htm","title":"R.I. Gen. Laws § 12-1-12.1, Sealing of records of persons acquitted or otherwise exonerated by operation of law or by motion","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-1/12-1-12.2.htm","title":"R.I. Gen. Laws § 12-1-12.2, Sealing of arrest records for wrongful arrest","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-10/12-10-12.htm","title":"R.I. Gen. Laws § 12-10-12, Filing of complaints","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE12/12-19/12-19-19.htm","title":"R.I. Gen. Laws § 12-19-19, Deferment of sentence","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE11/11-34.1/11-34.1-5.htm","title":"R.I. Gen. Laws § 11-34.1-5, Expungement of certain criminal records (commercial sexual activity)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE28/28-5/28-5-7.htm","title":"R.I. Gen. Laws § 28-5-7, Unlawful employment practices (subdivision (7), criminal record inquiries)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE28/28-5/28-5-6.htm","title":"R.I. Gen. Laws § 28-5-6, Definitions ('employer': four or more employees)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/Statutes/TITLE31/31-27/31-27-2.htm","title":"R.I. Gen. Laws § 31-27-2, Driving under influence of liquor or drugs","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law26/law26171.htm","title":"P.L. 2026, ch. 171 (2026-H 7079 Substitute A), Expungement of Criminal Records, enacted June 22, 2026","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law26/law26172.htm","title":"P.L. 2026, ch. 172 (2026-S 3036 Substitute A), Expungement of Criminal Records, enacted June 22, 2026","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.rilegislature.gov/pressrelease/Lists/PressReleases/DispForm.aspx?ID=376662","title":"Assembly passes Craven, Bissaillon expungement expansion bill (June 9, 2026)","publisher":"Rhode Island Legislative Press Bureau","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law24/law24386.htm","title":"P.L. 2024, ch. 386 (2024-H 8342), Expungement of Criminal Records, enacted June 26, 2024","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law22/law22253.htm","title":"P.L. 2022, ch. 253 (2022-H 7354 Substitute A), automatic sealing of Rule 48(a) dismissals","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/PublicLaws/law23/law23154.htm","title":"P.L. 2023, ch. 154 (2023-S 0906 Substitute A), automatic sealing 10 to 20 days after Rule 48(a) dismissal","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://webserver.rilegislature.gov/BillText26/HouseText26/H7508.htm","title":"2026-H 7508, The Rhode Island Clean Slate Act (introduced February 4, 2026)","publisher":"State of Rhode Island General Assembly","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/programs-services/Pages/Judicial-Records-Expungement-Information.aspx","title":"Judicial Records Center: Expungement Information","publisher":"Rhode Island Judiciary","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20to%20Expunge%20or%20Seal%20and%20Affidavit.pdf","title":"DC-33 District Court Instructions, Motion to Expunge or Seal Record and Affidavit (rev. Feb. 2025)","publisher":"Rhode Island District Court","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/Courts/districtcourt/Documents/Motion%20and%20Affidavit%20to%20Expunge%20or%20Seal%20Record%20-%20Felony.pdf","title":"Superior-55 Instructions, Motion and Affidavit to Expunge or Seal Record - Felony (rev. Feb. 2025)","publisher":"Rhode Island Superior Court","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/programs-services/Documents/Fees.pdf","title":"Superior Court Filing Fees (revised September 2026)","publisher":"Rhode Island Judiciary","accessed":"2026-10-22"},{"url":"https://www.courts.ri.gov/Courts/superiorcourt/Documents/Phase%20One%20of%20Marijuana%20Expungement%20Process.pdf","title":"Rhode Island Judiciary Completes Phase One of Marijuana Expungement Process","publisher":"Rhode Island Judiciary","accessed":"2026-10-22"},{"url":"https://www.ripd.org/expungement-sealingcriminalrecords.html","title":"Expungement and Sealing of Criminal Records Resource Guide","publisher":"Rhode Island Public Defender","accessed":"2026-10-22"},{"url":"https://www.rilegislature.gov/pressrelease/Lists/PressReleases/DispForm.aspx?ID=376836","title":"Media Advisory: Sen. Euer to host expungement clinic with Public Defender's office (Aug. 3, 2026)","publisher":"Rhode Island Legislative Press Bureau","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"south-carolina","code":"SC","name":"South Carolina","terms":["expungement","order for destruction of arrest records","pardon"],"summary":"South Carolina allows expungement only for the specific situations listed in its statutes. Charges that were dismissed, dropped or ended in a not-guilty verdict can be expunged for free, and in magistrate and municipal courts this often happens automatically. A short list of convictions can be expunged once after a waiting period, including offenses punishable by no more than 30 days in jail or a $1,000 fine (3 years), third-degree domestic violence (5 years), first-offense drug possession (3 years after the sentence), Youthful Offender Act sentences (5 years after the sentence) and a few others; most other convictions, including DUI and violent crimes, can't be expunged. For those, a pardon from the Board of Paroles and Pardons restores civil rights but does not remove the conviction from the record.","remedies":[{"id":"non-conviction-expungement","name":"Expungement of dismissed charges and not-guilty verdicts","type":"expungement","effect":"The arrest and booking record, bench warrants, mug shots and fingerprints must be destroyed, and no government agency may keep evidence of the charge, except that police and prosecutors keep them under seal for 3 years and 120 days (and longer for investigations, administrative hearings and lawsuits). Incident reports are kept under seal, and copies released under the Freedom of Information Act must have your name redacted (S.C. Code § 17-1-40). Sealed information is not public and may be disclosed only to law enforcement and prosecutors, or by court order.","covers":"Charges that were discharged, dismissed, nolle prossed (dropped) or no-billed, and not-guilty verdicts, in magistrate, municipal or general sessions court.","outcomes":["no_conviction"],"narrow":null,"eligible":["A charge (including a courtesy summons) that was discharged or dismissed, or where you were found not guilty (S.C. Code § 17-1-40(B)).","In magistrate or municipal (summary) court: charges ending in not guilty, dismissal or nolle prosequi (§ 17-22-950).","Eligibility is based on the offense you were convicted of or pleaded to, not the offense originally charged (§ 17-22-910(B)).","A charge dismissed or dropped as part of a plea deal in which you pleaded guilty to other charges can also be expunged, but the $250 administrative fee applies (§ 17-22-940(A)(1))."],"not_eligible":["Summary court charges dismissed at a preliminary hearing, or while related charges from the same events are pending in general sessions court, are not expunged by the summary court (§ 17-22-950(A)-(B))."],"waiting_periods":[{"record":"Dismissed, dropped or not-guilty charge","wait":"None; apply once the disposition is filed","detail":"In summary court, the expungement happens after the appeal period ends and within 30 days after that (§ 17-22-950(C))."}],"automatic":"some","automatic_detail":"In magistrate and municipal court, if you were fingerprinted for the charge, the court must issue the expungement order itself, at no cost, once the appeal time runs out (§ 17-22-950(A)); the Judicial Branch tells courts to sign the order 31 to 40 days after the disposition if no one objects. If you weren't fingerprinted, you apply to that court for free (§ 17-22-950(B)). For charges resolved before the 2016 law (Act No. 132) took effect, the Judicial Branch says you apply to the summary court with form SCCA 223E whether or not you were fingerprinted. Either way, the charge must be removed from Internet-based public court records within 30 days of the disposition (§ 17-22-950(E)). General sessions charges require an application to the solicitor.","how_to_file":["Magistrate or municipal court case: if you were fingerprinted, the court starts the order itself. If not, or if the charge was resolved before 2016, ask that court's clerk for the Application for Expungement (SCCA 223E) and file it there; there is no charge.","The prosecutor or police may object within 30 days only on the grounds that you have other charges pending or that the charge isn't eligible; a circuit judge then decides (§ 17-22-950(F)).","General sessions case: apply to the circuit solicitor's office in the county where you were charged, with a certified copy of the disposition from the clerk of court. The solicitor sends the order for the needed signatures, files it with the clerk and sends copies to the agencies and to you."],"where":"The magistrate or municipal court that handled the case, or the circuit solicitor's office for general sessions charges.","forms":[{"name":"Magistrate/Municipal Court Application for Expungement (SCCA 223E)","url":"https://www.sccourts.org/court-forms/?id=SCCA223E"},{"name":"Order for Destruction of Arrest Records (SCCA 223A1, filled out through the solicitor)","url":"https://www.sccourts.org/court-forms/?id=scca223a1"}],"cost":{"filing_fee_usd":0,"detail":"Free: no solicitor administrative fee, no SLED verification fee and no clerk filing fee for expunging a dismissal, nolle prosequi or acquittal (§ 17-22-940(A)(1), (E)(1), (H)), and summary court expungements under § 17-22-950 are at no cost. If the charge was dismissed as part of a plea deal, the $250 administrative fee applies. Agencies may not charge to destroy records (§ 17-1-40(D)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"Summary court: within about 30 to 40 days after the disposition. Solicitor applications: the 11th Circuit Solicitor says up to 6 months.","statute":{"cite":"S.C. Code §§ 17-1-40, 17-22-950","url":"https://www.scstatehouse.gov/code/t17c001.php"},"sources":[{"url":"https://www.scstatehouse.gov/code/t17c001.php","title":"S.C. Code Title 17, Chapter 1 (§§ 17-1-40, 17-1-45)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t17c022.php","title":"S.C. Code Title 17, Chapter 22, Article 9 (§§ 17-22-910 to 17-22-960)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.sccourts.org/resources/general-public/expungement-application-process/for-magistrate-municipal-courts/","title":"Expungements in Magistrate and Municipal Courts","publisher":"South Carolina Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.sccourts.org/resources/general-public/expungement-application-process/for-general-sessions/","title":"Expungement Application Process for General Sessions","publisher":"South Carolina Judicial Branch","accessed":"2026-10-22"},{"url":"https://solicitor11.sc.gov/index.php/expungements/expungement-faqs","title":"Expungement - FAQs","publisher":"South Carolina Eleventh Judicial Circuit Solicitor's Office","accessed":"2026-10-22"}]},{"id":"diversion-expungement","name":"Expungement after diversion (PTI, conditional discharge, alcohol or traffic education)","type":"expungement","effect":"After pretrial intervention or a conditional discharge (drug, public disorderly conduct or prostitution), the order destroys or expunges official records of the arrest and case and restores you, in the eyes of the law, to the status you had before the arrest; you can't be charged with perjury or a false statement for not mentioning the arrest in response to any question (S.C. Code §§ 17-22-150(a), 44-53-450(B), 16-17-530(C), 16-15-115(B)). SLED keeps a nonpublic record of a conditional discharge so courts can tell whether a later offense is a repeat (§§ 44-53-450(A), 16-17-530(B), 16-15-115(A)).","covers":"Charges dismissed after completing pretrial intervention (PTI), a conditional discharge for first-offense drug possession, public disorderly conduct or prostitution, the Alcohol Education Program or the Traffic Education Program.","outcomes":["diversion"],"narrow":null,"eligible":["Successful completion of pretrial intervention, after which the solicitor enters a noncriminal disposition (§ 17-22-150(a)).","Dismissal after a conditional discharge for first-offense drug possession under § 44-53-370(c)-(d) or § 44-53-375(A); a conditional discharge is available only once (§ 44-53-450).","Dismissal after a conditional discharge for a first offense of public disorderly conduct, granted with the solicitor's approval; available only once (§ 16-17-530(A)-(C)).","New in 2026: dismissal after a conditional discharge for a first offense of prostitution under § 16-15-90; available only once (§ 16-15-115, added by 2026 Act No. 192, effective May 18, 2026).","Completion of the Alcohol Education Program (for people 17 to 20 charged with listed underage alcohol and related offenses) or the Traffic Education Program (for traffic offenses punishable only by a fine and 4 or fewer points) (§§ 17-22-520, 17-22-530, 17-22-310, 17-22-330)."],"not_eligible":["PTI is not available to people charged with DUI or driving with an unlawful alcohol concentration, crimes of violence (§ 16-1-60), blackmail, fine-only traffic offenses, certain 18-point fish and game offenses, or a domestic violence offense after a prior domestic violence conviction (§ 17-22-50(A)).","Since May 19, 2026, PTI can be used again only if at least 20 years have passed since you completed a previous PTI program; before then it was limited to once (§§ 17-22-50(C), 17-22-60(7), as amended by 2026 Act No. 216).","The Alcohol Education Program, the Traffic Education Program and each conditional discharge can be used only once (§§ 17-22-520(B), 17-22-320(A), 44-53-450(A), 16-17-530(B), 16-15-115(A))."],"waiting_periods":[{"record":"Completed PTI, conditional discharge, Alcohol Education or Traffic Education Program","wait":"None; apply after the program is completed and the dismissal is entered","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["If you finished PTI, the Alcohol Education Program, the Traffic Education Program or drug court, contact your program case manager or the solicitor's office for its expungement steps (the 11th Circuit tells graduates not to use the regular application).","For a conditional discharge, apply to the solicitor with a certified disposition and proof from the clerk or judge's office that you met all the conditions. The conditional discharge statutes say the court enters the order after a hearing (§§ 44-53-450(B), 16-17-530(C), 16-15-115(B)).","The program director or summary court judge certifies eligibility, then the solicitor and a circuit judge sign the order (§ 17-22-940(D))."],"where":"The circuit solicitor's office (or the diversion program) in the county where you were charged.","forms":[{"name":"Order for Destruction of Arrest Records - Diversion Disposition (SCCA 223B1)","url":"https://www.sccourts.org/court-forms/?id=scca223b1"}],"cost":{"filing_fee_usd":null,"detail":"No SLED verification fee for PTI, Alcohol Education, Traffic Education or drug conditional discharge expungements (§ 17-22-940(E)(1)); that exemption does not list the disorderly conduct or prostitution conditional discharges. The statute charges the $250 solicitor administrative fee for every order except dismissals under § 17-1-40, and a clerk filing fee; the 11th Circuit lists $250 plus $35 for a drug conditional discharge expungement. Ask your program whether its fees already cover expungement.","fee_waiver":"no","fee_waiver_detail":"The $250 administrative fee can be waived only for people falsely accused because of identity theft (§ 17-22-940(J)). Each solicitor's office keeps a donation fund that can cover up to 50% of the administrative fee, first come, first served (§ 17-22-940(A)(2)). Program and conditional discharge fees themselves can be waived or reduced for people who can't pay (§§ 17-22-110, 17-22-550, 44-53-450(C), 16-17-530(D), 16-15-115(C))."},"hearing":"sometimes","timeline":"The 11th Circuit Solicitor says processing can take up to 6 months.","statute":{"cite":"S.C. Code §§ 17-22-150, 44-53-450, 17-22-330, 17-22-530, 16-17-530, 16-15-115","url":"https://www.scstatehouse.gov/code/t17c022.php"},"sources":[{"url":"https://www.scstatehouse.gov/code/t17c022.php","title":"S.C. Code Title 17, Chapter 22 (§§ 17-22-50, 17-22-110, 17-22-150, 17-22-310 to 17-22-330, 17-22-520 to 17-22-550, 17-22-940)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/bills/4720.htm","title":"H. 4720, 2026 Act No. 216 (PTI eligibility after 20 years; amends §§ 17-22-50, 17-22-60)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t16c017.php","title":"S.C. Code § 16-17-530, Public disorderly conduct; conditional discharge for first-time offenders","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/bills/235.htm","title":"S. 235, 2026 Act No. 192 (prostitution; adds § 16-15-115 conditional discharge and expungement)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t44c053.php","title":"S.C. Code § 44-53-450, Conditional discharge; eligibility for expungement","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://solicitor11.sc.gov/index.php/expungements/expungement-faqs","title":"Expungement - FAQs","publisher":"South Carolina Eleventh Judicial Circuit Solicitor's Office","accessed":"2026-10-22"},{"url":"https://www.sccourts.org/resources/general-public/expungement-application-process/for-general-sessions/","title":"Expungement Application Process for General Sessions","publisher":"South Carolina Judicial Branch","accessed":"2026-10-22"}]},{"id":"minor-offense-conviction-expungement","name":"Expungement of minor-offense and third-degree domestic violence convictions","type":"expungement","effect":"The circuit court orders the records of the arrest and conviction and any related bench warrant expunged. SLED keeps a nonpublic record of the offense and expungement date only to make sure no one uses this section twice (S.C. Code § 22-5-910). Except for criminal justice agencies, employers may not use expunged information against an employee (§ 17-22-960).","covers":"Convictions for offenses punishable by no more than 30 days in jail or a $1,000 fine (in magistrate, municipal or general sessions court), first-offense unlawful weapon possession punishable by up to 1 year, and third-degree domestic violence.","outcomes":["misdemeanor"],"narrow":null,"eligible":["A conviction for a crime carrying a penalty of no more than 30 days in jail or a $1,000 fine, or both (§ 22-5-910(A)).","A first-offense conviction for unlawful possession of a firearm or weapon carrying a penalty of no more than 1 year or a $1,000 fine (added by 2024 Act No. 111, effective March 7, 2024) (§ 22-5-910(A)).","A conviction for third-degree domestic violence under § 16-25-20(D), or criminal domestic violence under former § 16-25-20(B)(1) (before June 4, 2015) (§ 22-5-910(B)).","No other conviction, including out-of-state convictions, during the waiting period (§ 22-5-910(C)); a minor traffic conviction not related to DUI doesn't count against you (§ 17-22-940(E)).","Closely connected offenses sentenced at one proceeding and arising from the same incident count as one conviction (§ 22-5-910(E)).","Applies to convictions from any date (§ 22-5-910(F))."],"not_eligible":["Offenses involving the operation of a motor vehicle, including DUI (§ 22-5-910(A)).","Anyone with pending criminal charges, unless they have been pending more than 5 years (not counting time under a bench warrant for failure to appear) (§ 22-5-910(F)).","Anyone who has already used this section once (§ 22-5-910(F))."],"waiting_periods":[{"record":"Offense punishable by up to 30 days or $1,000, or first-offense weapon possession","wait":"3 years from the date of conviction, with no other conviction","detail":null},{"record":"Third-degree domestic violence (or pre-2015 criminal domestic violence)","wait":"5 years from the date of conviction, with no other conviction","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Get a certified copy of the disposition from the magistrate or municipal court or the clerk of court (printouts from the public index or a SLED rap sheet aren't accepted).","Fill out the expungement application from the circuit solicitor's office in the county where the conviction happened; the solicitor's form is mandatory (§ 17-22-930).","Submit it with separate certified checks or money orders: $250 to the solicitor, $25 to SLED and $35 to the clerk of court.","SLED checks eligibility; the solicitor gets the summary court judge's and a circuit judge's signatures, files the order and sends copies to the agencies and to you. If the solicitor doesn't consent, a lawyer can ask the circuit court to decide (§ 17-22-940(I))."],"where":"The circuit solicitor's office in the county where the conviction occurred; a circuit judge signs the order.","forms":[{"name":"Expungement application (from your circuit solicitor's office; list of solicitors)","url":"https://www.sccourts.org/courts/court-officials/solicitors/"}],"cost":{"filing_fee_usd":310,"detail":"$250 nonrefundable administrative fee to the solicitor (kept even if the offense turns out to be ineligible or the solicitor doesn't consent), $25 SLED verification fee, and $35 clerk of court filing fee, which is refunded if the charge is ineligible (§ 17-22-940; SC Judicial Branch). Each order covers one charge.","fee_waiver":"no","fee_waiver_detail":"The $250 fee can be waived only for people falsely accused because of identity theft (§ 17-22-940(J)). Each solicitor's office keeps a donation fund that can pay up to 50% of the administrative fee, first come, first served (§ 17-22-940(A)(2))."},"hearing":"no","timeline":"The 11th Circuit Solicitor says up to 6 months after it receives a complete application.","statute":{"cite":"S.C. Code § 22-5-910","url":"https://www.scstatehouse.gov/code/t22c005.php"},"sources":[{"url":"https://www.scstatehouse.gov/code/t22c005.php","title":"S.C. Code § 22-5-910, Expungement of criminal records","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t17c022.php","title":"S.C. Code §§ 17-22-910 to 17-22-960","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.sccourts.org/resources/general-public/expungement-application-process/for-general-sessions/","title":"Expungement Application Process for General Sessions","publisher":"South Carolina Judicial Branch","accessed":"2026-10-22"},{"url":"https://solicitor11.sc.gov/index.php/expungements/expungement-faqs","title":"Expungement - FAQs","publisher":"South Carolina Eleventh Judicial Circuit Solicitor's Office","accessed":"2026-10-22"}]},{"id":"first-offense-drug-expungement","name":"Expungement of a first-offense drug conviction","type":"expungement","effect":"The circuit court orders the records of the arrest and conviction and any related bench warrant expunged; SLED keeps a nonpublic record only to prevent a second use. An expungement doesn't undo an enhanced conviction or sentence imposed before December 27, 2018 (S.C. Code § 22-5-930).","covers":"A first conviction for simple drug possession or prescription drug possession, or for possession with intent to distribute.","outcomes":["misdemeanor","felony"],"narrow":"First-offense drug possession or intent to distribute","eligible":["A first-offense conviction for simple possession of a controlled substance or unlawful possession of a prescription drug (§ 40-43-86(EE)), including charges that would now qualify for a conditional discharge, 3 years after completing the sentence (including probation and parole), with no other conviction in that time (§ 22-5-930(A), (C)).","A first-offense conviction for possession with intent to distribute, 20 years after completing any sentence for a drug or felony conviction, with no other drug or felony conviction in that time (§ 22-5-930(B)-(C)).","Closely connected offenses sentenced together from one incident count as one conviction (§ 22-5-930(F))."],"not_eligible":["Anyone with pending criminal charges, unless pending more than 5 years (§ 22-5-930(D)).","Anyone who had a conditional discharge within 5 years before the arrest (for marijuana possession) or 10 years before the arrest (for other drugs or prescription drugs) (§ 22-5-930(D)).","Anyone who has already used this section once (§ 22-5-930(D))."],"waiting_periods":[{"record":"First-offense simple possession (including marijuana) or prescription drug possession","wait":"3 years after completing the sentence, including probation and parole","detail":"No other conviction during those 3 years."},{"record":"First-offense possession with intent to distribute","wait":"20 years after completing the sentence, including probation and parole","detail":"No other drug or felony conviction during those 20 years."}],"automatic":"no","automatic_detail":null,"how_to_file":["Apply to the circuit solicitor's office in the county of conviction with a certified disposition and the solicitor's application form, as for other conviction expungements."],"where":"The circuit solicitor's office in the county where the conviction occurred; a circuit judge signs the order.","forms":[{"name":"Expungement application (from your circuit solicitor's office; list of solicitors)","url":"https://www.sccourts.org/courts/court-officials/solicitors/"}],"cost":{"filing_fee_usd":310,"detail":"$250 solicitor administrative fee, $25 SLED verification fee and $35 clerk filing fee, paid by separate certified checks or money orders (§ 17-22-940; 11th Circuit Solicitor fee table).","fee_waiver":"no","fee_waiver_detail":"Only the identity-theft waiver and the solicitor's donation fund (up to 50% of the administrative fee) are provided (§ 17-22-940(A)(2), (J))."},"hearing":"no","timeline":null,"statute":{"cite":"S.C. Code § 22-5-930","url":"https://www.scstatehouse.gov/code/t22c005.php"},"sources":[{"url":"https://www.scstatehouse.gov/code/t22c005.php","title":"S.C. Code § 22-5-930, Expungement; first offense drug convictions","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://solicitor11.sc.gov/index.php/expungements/expungement-faqs","title":"Expungement - FAQs","publisher":"South Carolina Eleventh Judicial Circuit Solicitor's Office","accessed":"2026-10-22"}]},{"id":"youthful-offender-expungement","name":"Expungement of a Youthful Offender Act conviction","type":"expungement","effect":"The circuit court orders the records of the arrest and conviction expunged; SLED keeps a nonpublic record only to prevent a second use (S.C. Code § 22-5-920).","covers":"A first-offense conviction for which you were sentenced under the Youthful Offender Act (generally people under 25 at conviction, for misdemeanors and lower-level nonviolent felonies).","outcomes":["misdemeanor","felony"],"narrow":"Youthful Offender Act sentences only","eligible":["A first-offense conviction for which you were sentenced under the Youthful Offender Act (S.C. Code Title 24, Chapter 19) (§ 22-5-920(B)(1)). The Act covers people 17 to 24 at conviction (and some younger people tried as adults) for nonviolent misdemeanors, Class D, E or F felonies, or felonies with a maximum of 15 years or less (§ 24-19-10(d)).","No conviction (including out-of-state) while serving the sentence, including probation and parole, and for 5 years after finishing it; driving under suspension and pre-May 17, 2018 disturbing-schools convictions don't count (§ 22-5-920(B), as amended by 2023 Act No. 73).","People convicted before June 2, 2010 who met the youthful offender definition qualify even if not sentenced under the Act (§ 22-5-920(B)(3))."],"not_eligible":["Offenses involving the operation of a motor vehicle (§ 22-5-920(B)(2)(a)).","Violent crimes listed in § 16-1-60 (§ 22-5-920(B)(2)(b)).","Domestic violence offenses in Title 16, Chapter 25, except as § 16-25-30 allows (§ 22-5-920(B)(2)(c)).","Offenses that require sex offender registration (§ 22-5-920(B)(2)(d)).","Someone eligible for a youthful offender sentence who didn't receive one (for convictions on or after June 2, 2010), or anyone who has already used this section once (§ 22-5-920(B)(3))."],"waiting_periods":[{"record":"First-offense Youthful Offender Act conviction","wait":"5 years after completing the sentence, including probation and parole","detail":"No other conviction during the sentence or those 5 years."}],"automatic":"no","automatic_detail":null,"how_to_file":["Apply to the circuit solicitor's office in the county of conviction with a certified disposition and the solicitor's application form."],"where":"The circuit solicitor's office in the county where the conviction occurred; a circuit judge signs the order.","forms":[{"name":"Expungement application (from your circuit solicitor's office; list of solicitors)","url":"https://www.sccourts.org/courts/court-officials/solicitors/"}],"cost":{"filing_fee_usd":310,"detail":"$250 solicitor administrative fee, $25 SLED verification fee and $35 clerk filing fee (§ 17-22-940; 11th Circuit Solicitor fee table).","fee_waiver":"no","fee_waiver_detail":"Only the identity-theft waiver and the solicitor's donation fund (up to 50% of the administrative fee) are provided (§ 17-22-940(A)(2), (J))."},"hearing":"no","timeline":null,"statute":{"cite":"S.C. Code § 22-5-920","url":"https://www.scstatehouse.gov/code/t22c005.php"},"sources":[{"url":"https://www.scstatehouse.gov/code/t22c005.php","title":"S.C. Code § 22-5-920, Conviction as a youthful offender","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t24c019.php","title":"S.C. Code § 24-19-10, Youthful Offender Act definitions","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://solicitor11.sc.gov/index.php/expungements/expungement-faqs","title":"Expungement - FAQs","publisher":"South Carolina Eleventh Judicial Circuit Solicitor's Office","accessed":"2026-10-22"}]},{"id":"specific-offense-expungement","name":"Expungement for bad checks, failure to stop for police, and old handgun charges","type":"expungement","effect":"The court orders the records of the arrest and conviction expunged; SLED (and the Department of Motor Vehicles, for failure to stop) keeps a nonpublic record only to prevent a second use (S.C. Code §§ 34-11-90(e)-(f), 56-5-750(F)).","covers":"Misdemeanor fraudulent check convictions, a first-offense misdemeanor for failing to stop for a police vehicle, and unlawful handgun possession charges or convictions from before March 7, 2024.","outcomes":["no_conviction","misdemeanor"],"narrow":"Bad checks, failure to stop, pre-2024 handgun cases only","eligible":["A first-offense misdemeanor fraudulent check conviction, 1 year after the conviction with no other conviction; the court must grant it (§ 34-11-90(e)). A fraudulent check is a felony, and not eligible, when the check exceeds $5,000.","New in 2026: multiple misdemeanor fraudulent check convictions in magistrates court within a 3-year period, 10 years after the last conviction, with no other conviction in that time and full restitution paid on all the checks; the court must grant it, and this is available in addition to the first-offense route (§ 34-11-90(f), added by 2026 Act No. 248, effective June 25, 2026).","A first-offense misdemeanor conviction for failure to stop for a police vehicle with no great bodily injury or death, 3 years after completing the sentence with no other conviction; the court must grant it (§ 56-5-750(F)).","One conviction for unlawful possession of a handgun under former § 16-23-20 from before the 2024 Constitutional Carry Act; the application must be made within 5 years after that law took effect on March 7, 2024 (§ 17-1-65(A)).","Unlawful handgun possession charges from before the 2024 Act that were still pending must be dismissed and expunged by the State; if the handgun charge was brought with other charges from the same events, it is dismissed once those are resolved, and the expungement is available only if you haven't already used the conviction route above (§ 17-1-65(B), as amended by 2026 Act No. 260, effective January 14, 2026)."],"not_eligible":["Felony fraudulent check or felony failure-to-stop convictions (§§ 34-11-90, 56-5-750(F)).","Since May 12, 2026, failure to stop that involves a high-speed pursuit is a felony, so it can't be expunged under this route (§ 56-5-750(B)(3), as amended by 2025 Act No. 38).","Each route can be used only once."],"waiting_periods":[{"record":"First-offense misdemeanor fraudulent check","wait":"1 year from the date of conviction","detail":null},{"record":"Multiple misdemeanor fraudulent checks within 3 years","wait":"10 years from the last conviction","detail":"Full restitution required. In effect since June 25, 2026."},{"record":"First-offense failure to stop for a police vehicle","wait":"3 years after completing the sentence","detail":null},{"record":"Pre-2024 unlawful handgun possession conviction","wait":"None, but apply within 5 years after March 7, 2024","detail":null}],"automatic":"some","automatic_detail":"Pending pre-2024 unlawful handgun possession charges must be dismissed and expunged by the State (§ 17-1-65(B)). The other routes require an application.","how_to_file":["Apply to the circuit solicitor's office in the county of conviction with a certified disposition and the solicitor's application form; for multiple fraudulent checks, bring proof that restitution was paid in full."],"where":"The circuit solicitor's office in the county where the conviction occurred.","forms":[{"name":"Expungement application (from your circuit solicitor's office; list of solicitors)","url":"https://www.sccourts.org/courts/court-officials/solicitors/"}],"cost":{"filing_fee_usd":310,"detail":"$250 solicitor administrative fee, $25 SLED verification fee and $35 clerk filing fee for fraudulent check and failure-to-stop expungements (11th Circuit Solicitor fee table; § 17-22-940). We did not find a fee rule specific to the handgun expungement.","fee_waiver":"no","fee_waiver_detail":"Only the identity-theft waiver and the solicitor's donation fund (up to 50% of the administrative fee) are provided (§ 17-22-940(A)(2), (J))."},"hearing":"no","timeline":null,"statute":{"cite":"S.C. Code §§ 34-11-90(e)-(f), 56-5-750(F), 17-1-65","url":"https://www.scstatehouse.gov/code/t34c011.php"},"sources":[{"url":"https://www.scstatehouse.gov/code/t34c011.php","title":"S.C. Code § 34-11-90, Jurisdiction of offenses and penalties (fraudulent checks)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/bills/428.htm","title":"S. 428, 2026 Act No. 248 (fraudulent check expungement; mistaken identity arrest records)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t56c005.php","title":"S.C. Code § 56-5-750, Failure to stop motor vehicle when signaled by law-enforcement vehicle","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t17c001.php","title":"S.C. Code § 17-1-65, Expungement of conviction for unlawful possession of a handgun","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/bills/136.htm","title":"S. 136, 2026 Act No. 260 (dismissal and expungement of pending handgun charges)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://solicitor11.sc.gov/index.php/expungements/expungement-faqs","title":"Expungement - FAQs","publisher":"South Carolina Eleventh Judicial Circuit Solicitor's Office","accessed":"2026-10-22"}]},{"id":"pardon","name":"Pardon","type":"pardon","effect":"A pardon fully forgives the legal consequences of the crime and conviction, direct and collateral (S.C. Code § 24-21-940), and restores civil rights lost because of it, including the right to vote, serve on a jury, hold most public offices and be licensed for an occupation that requires a license (§ 24-21-990). It does not remove the conviction from your record; the 1st Circuit Solicitor says the conviction is noted as \"pardoned.\"","covers":"Any South Carolina conviction, including those that can't be expunged, once the sentence is finished.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["People who were on probation: any time after discharge from supervision (§ 24-21-950(A)(1)).","People who were paroled: after 5 years of successful supervision, or after discharge if the parole period was shorter (§ 24-21-950(A)(3)).","People discharged from a sentence without supervision: any time after discharge (§ 24-21-950(A)(2), (B)).","All restitution must be paid in full, including restitution converted to a civil judgment (SCDPPPS, citing § 17-25-322).","People still in prison only in the most extraordinary circumstances or with a terminal illness and a life expectancy of 1 year or less (§§ 24-21-950(A)(4), 24-21-970; SCDPPPS)."],"not_eligible":["After a denial, you must wait 1 year before reapplying (§ 24-21-960(B))."],"waiting_periods":[{"record":"Probation","wait":"Any time after discharge from supervision","detail":null},{"record":"Parole","wait":"After 5 years of successful supervision, or at discharge if the parole period was shorter","detail":null},{"record":"Sentence served with no supervision","wait":"Any time after discharge","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Get the current Pardon Application (revision date 5/22/2025; older versions are not accepted after September 1, 2025) from the SCDPPPS website or by calling 803-734-3505.","Complete and sign it, have the release-of-information section notarized, and attach signed letters of support dated within the last 6 months, plus a certified statement that restitution is paid.","Submit it with the $100 fee to SCDPPPS Paroles, Pardons and Release Services, Attn: Pardon Application Processing (293 Greystone Blvd. / P.O. Box 207, Columbia, SC); follow the mailing instructions on the form.","The Board of Paroles and Pardons holds a hearing; a pardon needs the votes of at least two-thirds of the board."],"where":"South Carolina Department of Probation, Parole and Pardon Services (Board of Paroles and Pardons).","forms":[{"name":"Pardon Application (rev. 5/22/2025)","url":"https://dppps.sc.gov/sites/dppps/files/Documents/Parole%20Pardon%20Release/1118%20Pardon%20Application_rvsd%2005222025.pdf"}],"cost":{"filing_fee_usd":100,"detail":"$100 nonrefundable application fee, paid by USPS money order or cashier's check to SCDPPPS (§ 24-21-960(A); SCDPPPS).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":"SCDPPPS says it takes an average of 7 to 9 months from receipt of the paperwork until a hearing is scheduled.","statute":{"cite":"S.C. Code §§ 24-21-920 to 24-21-1000","url":"https://www.scstatehouse.gov/code/t24c021.php"},"sources":[{"url":"https://www.scstatehouse.gov/code/t24c021.php","title":"S.C. Code Title 24, Chapter 21 (§§ 24-21-930 to 24-21-1000, pardons)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://dppps.sc.gov/parole-pardon-release-services/pardon-application","title":"Pardon Application","publisher":"South Carolina Department of Probation, Parole and Pardon Services","accessed":"2026-10-22"},{"url":"https://scsolicitor1.org/programs/expungement/","title":"Expungement (Pardons section)","publisher":"First Judicial Circuit Solicitor's Office","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"South Carolina has no Clean Slate law and does not clear convictions automatically. Some non-conviction records are cleared without an application: when a magistrate or municipal court case ends in a not-guilty verdict, dismissal or nolle prosequi and the person was fingerprinted, the court must issue an expungement order at no cost after the appeal period, and all such summary court charges must be removed from Internet-based public records within 30 days of the disposition (S.C. Code § 17-22-950, as rewritten by 2016 Act No. 132). Since June 25, 2026, police and prosecutors must destroy arrest records within 180 days after an investigation shows a person was arrested because of mistaken identity, at no cost (§ 17-1-43, added by 2026 Act No. 248). Pending pre-2024 unlawful handgun possession charges must be dismissed and expunged (§ 17-1-65(B), 2026 Act No. 260).","sources":[{"url":"https://www.scstatehouse.gov/code/t17c022.php","title":"S.C. Code § 17-22-950","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.sccourts.org/resources/general-public/expungement-application-process/for-magistrate-municipal-courts/","title":"Expungements in Magistrate and Municipal Courts","publisher":"South Carolina Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/bills/428.htm","title":"S. 428, 2026 Act No. 248","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/bills/136.htm","title":"S. 136, 2026 Act No. 260","publisher":"South Carolina Legislature","accessed":"2026-10-22"}]},"marijuana":{"detail":"South Carolina has no marijuana-specific expungement law. A first offense for possessing 1 ounce (28 grams) or less of marijuana or 10 grams or less of hashish is a misdemeanor punishable by up to 30 days or a $100 to $200 fine, and conditional discharge may be granted with the solicitor's approval (S.C. Code § 44-53-370(d)(5)); pretrial intervention may also be available. A completed conditional discharge or PTI can be expunged (§§ 44-53-450, 17-22-150). A first-offense possession conviction can be expunged 3 years after the sentence ends under § 22-5-930, and because the penalty is 30 days or less it may also qualify under § 22-5-910 (3 years from conviction). Section 22-5-930 is not available if you had a conditional discharge within 5 years before a marijuana possession arrest.","sources":[{"url":"https://www.scstatehouse.gov/code/t44c053.php","title":"S.C. Code §§ 44-53-370, 44-53-450","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t22c005.php","title":"S.C. Code §§ 22-5-910, 22-5-930","publisher":"South Carolina Legislature","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Charges that were dismissed, dropped (nolle prossed), no-billed or ended in a not-guilty verdict can be expunged at no cost (S.C. Code §§ 17-1-40, 17-22-940). In magistrate and municipal court, the court issues the order itself if you were fingerprinted, or you apply to that court for free if you weren't, and the charge must come off online public court records within 30 days (§ 17-22-950). For general sessions charges, you apply to the circuit solicitor's office; no administrative, SLED or clerk fee is charged unless the charge was dismissed as part of a plea deal (then the $250 fee applies). After expungement, arrest records, mug shots and fingerprints are destroyed, though police and prosecutors keep them under seal for 3 years and 120 days (§ 17-1-40). Bond paperwork must tell people they can seek expungement if charges are dismissed (§ 17-1-45). Since June 25, 2026, records of an arrest caused by mistaken identity must be destroyed within 180 days after an investigation shows the mistake (§ 17-1-43).","sources":[{"url":"https://www.scstatehouse.gov/code/t17c001.php","title":"S.C. Code §§ 17-1-40, 17-1-45","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t17c022.php","title":"S.C. Code §§ 17-22-940, 17-22-950","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/bills/428.htm","title":"S. 428, 2026 Act No. 248 (§ 17-1-43)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://solicitor11.sc.gov/index.php/expungements/expungement-faqs","title":"Expungement - FAQs","publisher":"South Carolina Eleventh Judicial Circuit Solicitor's Office","accessed":"2026-10-22"}]},"dui":{"eligible":"no","detail":"A DUI conviction can't be expunged in South Carolina. The minor-offense expungement statute excludes any offense involving the operation of a motor vehicle (S.C. Code § 22-5-910(A)), the Youthful Offender Act expungement excludes motor vehicle offenses (§ 22-5-920(B)(2)(a)), and DUI isn't on any other expungement list. People charged with DUI or driving with an unlawful alcohol concentration can't enter pretrial intervention (§ 17-22-50). A minor traffic conviction that isn't related to DUI doesn't block the minor-offense, Youthful Offender, fraudulent check or failure-to-stop expungements, but a DUI-related one can (§ 17-22-940(E)). A DUI charge that was dismissed or ended in a not-guilty verdict can be expunged like any other non-conviction (§ 17-1-40). A pardon can restore rights after a DUI conviction but does not remove it from the record.","sources":[{"url":"https://www.scstatehouse.gov/code/t22c005.php","title":"S.C. Code §§ 22-5-910, 22-5-920","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t17c022.php","title":"S.C. Code §§ 17-22-50, 17-22-940","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t17c001.php","title":"S.C. Code § 17-1-40","publisher":"South Carolina Legislature","accessed":"2026-10-22"}]},"employers":{"detail":"Except for criminal justice agencies, employers may not use expunged information against an employee, and an employer that employs someone with an expunged offense can't face any administrative or legal claim related to that offense; expungement information can't be used as evidence in negligent hiring or retention cases (S.C. Code § 17-22-960). After expungement of a PTI or conditional discharge record, you are restored to your pre-arrest status and can't be charged with perjury for not mentioning the arrest (§§ 17-22-150(a), 44-53-450(B)). South Carolina has no statewide ban-the-box or fair-chance law for private employers; a \"Ban the Box Act\" (H. 3272) was introduced in 2025 but never moved out of a House committee during the 2025-2026 session. A pardon restores the right to be licensed for an occupation that requires a license (§ 24-21-990).","sources":[{"url":"https://www.scstatehouse.gov/code/t17c022.php","title":"S.C. Code §§ 17-22-150, 17-22-960","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t44c053.php","title":"S.C. Code § 44-53-450","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/bills/3272.htm","title":"H. 3272, Ban the Box Act (2025-2026 session)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t24c021.php","title":"S.C. Code § 24-21-990","publisher":"South Carolina Legislature","accessed":"2026-10-22"}]},"free_help":[{"name":"South Carolina Judicial Branch: Expungement Application Process","url":"https://www.sccourts.org/resources/general-public/expungement-application-process/","type":"court_self_help","detail":"Step-by-step process for general sessions, magistrate and municipal court expungements, with links to the official forms."},{"name":"Circuit Solicitors' Offices","url":"https://www.sccourts.org/courts/court-officials/solicitors/","type":"state_agency","detail":"Expungement applications are handled by the solicitor's office in each judicial circuit; find yours here for its application and fee instructions."},{"name":"SC Department of Probation, Parole and Pardon Services: Pardon Application","url":"https://dppps.sc.gov/parole-pardon-release-services/pardon-application","type":"state_agency","detail":"Pardon application, eligibility rules and fees; no lawyer is required."},{"name":"South Carolina Legal Services","url":"https://sclegal.org/","type":"legal_aid","detail":"Statewide legal aid for eligible low-income residents in civil matters. Its LawHelp.org/SC online intake is temporarily unavailable while content is updated; it asks people to call its intake line at 1-888-346-5592."},{"name":"South Carolina Bar Lawyer Referral Service","url":"https://www.scbar.org/for-the-public/quicklinks/get-legal-help/","type":"bar_referral","detail":"Referral to a local lawyer for a consultation of up to 30 minutes for no more than $50 (803-799-7100); not free."}],"sources":[{"url":"https://www.scstatehouse.gov/code/t17c022.php","title":"S.C. Code Title 17, Chapter 22 (Intervention Programs; Article 9, Uniform Expungement of Criminal Records)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t17c001.php","title":"S.C. Code Title 17, Chapter 1 (§§ 17-1-40, 17-1-45, 17-1-65)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t22c005.php","title":"S.C. Code §§ 22-5-910, 22-5-920, 22-5-930","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t44c053.php","title":"S.C. Code §§ 44-53-370, 44-53-450","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t34c011.php","title":"S.C. Code § 34-11-90","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t56c005.php","title":"S.C. Code § 56-5-750","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t24c021.php","title":"S.C. Code §§ 24-21-930 to 24-21-1000","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/statmast.php","title":"South Carolina Code of Laws (disclaimer: current through the 2025 session)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/bills/428.htm","title":"S. 428, 2026 Act No. 248","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/bills/136.htm","title":"S. 136, 2026 Act No. 260","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/bills/4720.htm","title":"H. 4720, 2026 Act No. 216 (PTI eligibility)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/bills/235.htm","title":"S. 235, 2026 Act No. 192 (prostitution conditional discharge and expungement, § 16-15-115)","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/code/t16c017.php","title":"S.C. Code § 16-17-530","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/rats2.php","title":"2025-2026 Ratifications/Acts Log","publisher":"South Carolina Legislature","accessed":"2026-10-22"},{"url":"https://www.lawhelp.org/sc/construction","title":"LawHelp.org/SC: We're Updating Our Resources (intake temporarily unavailable)","publisher":"South Carolina Legal Services","accessed":"2026-10-22"},{"url":"https://www.sccourts.org/resources/general-public/expungement-application-process/for-general-sessions/","title":"Expungement Application Process for General Sessions","publisher":"South Carolina Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.sccourts.org/resources/general-public/expungement-application-process/for-magistrate-municipal-courts/","title":"Expungements in Magistrate and Municipal Courts","publisher":"South Carolina Judicial Branch","accessed":"2026-10-22"},{"url":"https://solicitor11.sc.gov/index.php/expungements/expungement-faqs","title":"Expungement - FAQs","publisher":"South Carolina Eleventh Judicial Circuit Solicitor's Office","accessed":"2026-10-22"},{"url":"https://dppps.sc.gov/parole-pardon-release-services/pardon-application","title":"Pardon Application","publisher":"South Carolina Department of Probation, Parole and Pardon Services","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"south-dakota","code":"SD","name":"South Dakota","terms":["expungement","suspended imposition of sentence","pardon","sealing"],"summary":"South Dakota's expungement (which seals rather than destroys records) is only for arrests that didn't lead to a conviction: no charges after a year, a full dismissal, or an acquittal. Convictions are usually cleared another way: a suspended imposition of sentence ends in dismissal and sealing after probation, cases where the top charge was a petty offense or Class 2 misdemeanor drop off the public record automatically after 5 years, and a pardon from the Governor seals the record. Completed diversion programs lead to automatic expungement.","remedies":[{"id":"arrest-record-expungement","name":"Expungement of an arrest record","type":"expungement","effect":"In South Dakota, expungement means sealing, not destroying, all records about the arrest, detention, trial or disposition held by courts, jails and prisons, law enforcement, criminal justice agencies and the Department of Public Safety (SDCL § 23A-3-26). The court orders all official records sealed except a nonpublic record kept by the Division of Criminal Investigation (DCI) only for law enforcement, prosecutors and courts sentencing a later offense (§ 23A-3-31). The person is restored to the legal status held before the arrest, and can't be charged with perjury or a false statement for not mentioning the arrest, charge or trial in response to any inquiry (§ 23A-3-32).","covers":"Arrests that never led to charges, cases the prosecutor dismissed in full, and acquittals. It does not cover convictions.","outcomes":["no_conviction"],"narrow":null,"eligible":["One year has passed since the arrest and no charging document (accusatory instrument) was filed (§ 23A-3-27(1)).","One year has passed since the prosecutor formally dismissed the entire criminal case on the record (§ 23A-3-27(2)).","You were acquitted; you can apply at any time (§ 23A-3-27(3)).","Within that first year after a full dismissal, if you can show compelling necessity (§ 23A-3-27(4)).","There is no time limit to apply, and arrests from before July 1, 2010 qualify (§ 23A-3-33).","To win, you must show by clear and convincing evidence that expungement serves the ends of justice and the interests of the public as well as your own (§ 23A-3-30)."],"not_eligible":["Convictions. The court system says a motion for expungement can only be made on a record of an arrest; convictions are cleared through a suspended imposition of sentence, automatic removal of low-level cases, or a pardon.","A case where only some charges were dismissed: the statute requires dismissal of the entire criminal case (§ 23A-3-27(2))."],"waiting_periods":[{"record":"Arrest with no charges filed","wait":"1 year from the arrest","detail":null},{"record":"Entire case dismissed by the prosecutor","wait":"1 year from the dismissal","detail":"Sooner if you show compelling necessity (§ 23A-3-27(4))."},{"record":"Acquittal","wait":"None","detail":"UJS forms say acquittal of all charges at trial."}],"automatic":"no","automatic_detail":null,"how_to_file":["Use the UJS Guide and File system or the paper forms. Each arrest record needs its own case.","Fill out the Motion for Expungement (UJS-391A) and the Case Filing Statement (UJS-232), and file them with the clerk of court in the county where the arrest record or case is filed, paying the $72 filing fee.","Mail the motion, the Admission of Service (UJS-391B) and a self-addressed stamped envelope to the state's attorney, then file the Statement of Mailing (UJS-391C) and, when it comes back, the signed Admission of Service.","Schedule a hearing with the clerk and serve the Notice of Hearing (UJS-393) at least 14 days before it (§ 23A-3-28), or ask everyone, including the state's attorney and any victim, to sign the Waiver of Hearing (UJS-392).","After the judge signs the Order on Motion for Expungement (UJS-394), file and mail the Notice of Entry (UJS-395) to the state's attorney."],"where":"The circuit court in the county where the arrest record or case is filed (the court that would have had jurisdiction over the crime). It is filed as a new civil case.","forms":[{"name":"UJS-390 Instructions and Checklist on Motion for Expungement","url":"https://ujs.sd.gov/media/ilsbhl2z/ujs-390-expungement-instructions.pdf"},{"name":"UJS-391 Motion for Expungement, Admission of Service and Statement of Mailing","url":"https://ujs.sd.gov/media/10phxydh/ujs-391-motion-for-expungement-and-affidavit-of-mailing-final-07_2026.pdf"},{"name":"UJS-232 Case Filing Statement","url":"https://ujs.sd.gov/media/tkflp0gt/ujs-232-case-filing-statement_06__2026.pdf"},{"name":"UJS-392 Waiver of Expungement Hearing","url":"https://ujs.sd.gov/media/geffibws/ujs-392-waiver-of-expungement-hearing-07_2026.pdf"},{"name":"UJS-393 Notice of Hearing for Expungement of Record","url":"https://ujs.sd.gov/media/3qmnimsn/ujs-393-notice-of-hearing-for-expungement-of-record_07_2026.pdf"},{"name":"UJS-394 Order on Motion for Expungement","url":"https://ujs.sd.gov/media/xbedrlhr/ujs-394-order-of-expungement_07_2026.pdf"},{"name":"UJS-395 Notice of Entry of Order of Expungement","url":"https://ujs.sd.gov/media/ok1dgg5v/ujs-395-notice-of-entry-of-expungement-order_07_2026.pdf"},{"name":"Expungement Print All Packet","url":"https://ujs.sd.gov/media/deejvfn3/expungement-print-all-packet_07_2026.pdf"}],"cost":{"filing_fee_usd":72,"detail":"The fee equals the civil filing fee (§ 23A-3-28); the UJS instructions and the July 2026 motion form list $72.","fee_waiver":"yes","fee_waiver_detail":"If you show the court you are indigent and unable to pay, the court may waive the filing fee (§ 23A-3-28)."},"hearing":"sometimes","timeline":"The motion must be served on the prosecutor at least 14 days before any hearing (§ 23A-3-28). The court may set a hearing unless you, the prosecutor and any victim all waive it (§ 23A-3-29); the UJS instructions say waivers must be signed by all of them.","statute":{"cite":"SDCL §§ 23A-3-26 to 23A-3-33","url":"https://sdlegislature.gov/Statutes/23A-3-27"},"sources":[{"url":"https://sdlegislature.gov/Statutes/23A-3-26","title":"SDCL § 23A-3-26, Definition of expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-27","title":"SDCL § 23A-3-27, Motion for expungement of arrest record","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-28","title":"SDCL § 23A-3-28, Service of motion--Fee","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-29","title":"SDCL § 23A-3-29, Hearing on motion for expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-30","title":"SDCL § 23A-3-30, Order of expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-31","title":"SDCL § 23A-3-31, Report to Division of Criminal Investigation--Sealing of records","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-32","title":"SDCL § 23A-3-32, Effect of order of expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-33","title":"SDCL § 23A-3-33, No time limitation for making application","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://ujs.sd.gov/self-help/civil-law-help/expungement/","title":"Expungement (Self Help)","publisher":"South Dakota Unified Judicial System","accessed":"2026-10-22"},{"url":"https://ujs.sd.gov/media/ilsbhl2z/ujs-390-expungement-instructions.pdf","title":"UJS-390 Instructions and Checklist on Motion for Expungement (Rev. 01/2025)","publisher":"South Dakota Unified Judicial System","accessed":"2026-10-22"},{"url":"https://ujs.sd.gov/media/10phxydh/ujs-391-motion-for-expungement-and-affidavit-of-mailing-final-07_2026.pdf","title":"UJS-391 Motion for Expungement, Admission of Service and Statement of Mailing (Rev. 07/2026)","publisher":"South Dakota Unified Judicial System","accessed":"2026-10-22"},{"url":"https://ujs.sd.gov/media/xbedrlhr/ujs-394-order-of-expungement_07_2026.pdf","title":"UJS-394 Order on Motion for Expungement (Rev. 07/2026)","publisher":"South Dakota Unified Judicial System","accessed":"2026-10-22"}]},{"id":"suspended-imposition-of-sentence","name":"Suspended imposition of sentence (discharge, dismissal and sealing)","type":"dismissal","effect":"With your consent, the judge accepts a guilty plea or verdict without entering a judgment of guilt and places you on probation (§§ 23A-27-12.2, 23A-27-13). When you complete all conditions, the court discharges you and dismisses the case. The discharge is not a conviction for purposes of legal disqualifications or disabilities (§ 23A-27-14), and the court orders all official records sealed, including records of the arrest, charge, trial, finding of guilt, dismissal and discharge. You are restored to your status before the arrest and can't be charged with perjury for not mentioning it in response to any inquiry (§ 23A-27-17). DCI keeps a nonpublic record for law enforcement, prosecutors and courts (§ 23A-27-16). A felony suspended imposition (§ 23A-27-13) still counts as a prior conviction when sentencing a later offense or deciding habitual-offender status under Chapter 22-7, even after discharge (§ 23A-27-15).","covers":"A first-time misdemeanor or felony where the judge granted a suspended imposition of sentence and you completed probation.","outcomes":["diversion"],"narrow":null,"eligible":["Misdemeanors: a guilty plea or verdict where the judge finds suspension serves the ends of justice and the interests of the public as well as yours, and you consent (§ 23A-27-12.2).","Felonies: the same findings, for a felony not punishable by death or life imprisonment, by a person never before convicted of a crime that was a felony under South Dakota law at the time of conviction (§ 23A-27-13).","You complete all conditions of probation; the court services officer or you then bring the case to the court, which must discharge you (§ 23A-27-14)."],"not_eligible":["Anyone who has already received a suspended imposition for a misdemeanor (for a second misdemeanor) or for a felony (for a second felony), in South Dakota or elsewhere (§§ 23A-27-12.2, 23A-27-13); discharge and dismissal can happen only once for each type (§ 23A-27-14).","Felonies punishable by death or life imprisonment (§ 23A-27-13).","Rape under § 22-22-1(2) or (3), since July 1, 2025 (§ 23A-27-13.3, added by HB 1096 of 2025); this doesn't apply to juveniles.","If the court revokes the suspension during probation, it can impose the full sentence with no credit for probation time (§§ 23A-27-12.2, 23A-27-13)."],"waiting_periods":[{"record":"Suspended imposition of sentence (misdemeanor or felony)","wait":"When all probation conditions are completed","detail":"No separate waiting period after discharge; sealing is ordered upon discharge and dismissal (§ 23A-27-17)."}],"automatic":"some","automatic_detail":"No petition or fee: when all conditions are completed, the court services officer assigned to the case, or you, bring the matter to the court, which then discharges you and orders the records sealed (§§ 23A-27-14, 23A-27-17). If no one raises it, ask the court to enter the discharge.","how_to_file":["Ask for a suspended imposition of sentence at sentencing; the judge decides, and you must consent.","Complete every condition of probation.","Make sure the court services officer reports completion, or bring it to the court's attention yourself, so the clerk enters the formal discharge and the court orders the records sealed."],"where":"The circuit or magistrate court that granted the suspended imposition.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No petition or filing fee is set for the discharge and sealing.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"SDCL §§ 23A-27-12.2, 23A-27-13 to 23A-27-17","url":"https://sdlegislature.gov/Statutes/23A-27-17"},"sources":[{"url":"https://sdlegislature.gov/Statutes/23A-27-12.2","title":"SDCL § 23A-27-12.2, Suspended imposition of misdemeanor sentence","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-13","title":"SDCL § 23A-27-13, Suspended imposition of felony sentence","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-13.3","title":"SDCL § 23A-27-13.3, No suspended imposition for certain rape offenses (SL 2025, ch 102)","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-14","title":"SDCL § 23A-27-14, Discharge and dismissal of probationer on completion of conditions","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-15","title":"SDCL § 23A-27-15, Suspension of sentence as conviction for purposes of habitual offender law","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-16","title":"SDCL § 23A-27-16, Report to Division of Criminal Investigation of discharge and dismissal","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-17","title":"SDCL § 23A-27-17, Sealing of records on discharge of probationer","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Session/Bill/25717","title":"2025 House Bill 1096: prohibit eligibility for a suspended imposition of sentence for certain rape offenses","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/2-14-16","title":"SDCL § 2-14-16, Effective date of legislative acts","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/faq.aspx","title":"Online Pardon Application: Frequently Asked Questions","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"}]},{"id":"automatic-public-record-removal","name":"Automatic removal of low-level cases from the public record","type":"sealing","effect":"The charge or conviction is removed from the defendant's public record. The case record stays available to court personnel, or as a court orders, and can still be used to enhance the penalty for a later offense (SDCL § 23A-3-34).","covers":"Cases where the most serious charge was a petty offense, a city ordinance violation or a Class 2 misdemeanor.","outcomes":["no_conviction","misdemeanor"],"narrow":"Petty offenses, ordinance violations, Class 2 misdemeanors","eligible":["The highest charged offense in the case was a petty offense, a municipal ordinance violation or a Class 2 misdemeanor (§ 23A-3-34).","All court-ordered conditions in the case are satisfied (§ 23A-3-34).","You have not been convicted of any further offense in the 5 years (§ 23A-3-34)."],"not_eligible":["Cases where a Class 1 misdemeanor (such as a first DUI or possession of 2 ounces or less of marijuana) or any felony was charged, even if you were convicted of something less, because the test is the highest offense charged (§§ 23A-3-34, 32-23-2, 22-42-6)."],"waiting_periods":[{"record":"Petty offense, ordinance violation or Class 2 misdemeanor (highest charge)","wait":"5 years, with all court conditions met and no new conviction","detail":null}],"automatic":"yes","automatic_detail":"Removal is automatic under § 23A-3-34; no motion or fee is required. 2016 Senate Bill 97 created it with a 10-year wait (in effect July 1, 2016), and 2021 Senate Bill 174 shortened the wait to 5 years and added the no-new-conviction condition (in effect July 1, 2021); neither bill set its own effective date, so each took effect on July 1 under SDCL § 2-14-16.","how_to_file":["Nothing to file.","To check, search your record through the UJS public record search (free at a courthouse; the online search has a $20 processing fee, according to the Board of Pardons and Paroles)."],"where":"Automatic through the Unified Judicial System.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No fee.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"After 5 years, once all court-ordered conditions are met; the statute doesn't say what date starts the 5 years.","statute":{"cite":"SDCL § 23A-3-34","url":"https://sdlegislature.gov/Statutes/23A-3-34"},"sources":[{"url":"https://sdlegislature.gov/Statutes/23A-3-34","title":"SDCL § 23A-3-34, Automatic removal of non-felony charges or convictions from public record","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Session/Bill/7121","title":"2016 Senate Bill 97 (SL 2016, ch 134): automatic removal of petty offenses, ordinance violations and Class 2 misdemeanors after ten years; signed March 10, 2016","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Session/Bill/22019","title":"2021 Senate Bill 174 (SL 2021, ch 106): revise automatic removal (five years, no further convictions); signed March 25, 2021","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/2-14-16","title":"SDCL § 2-14-16, Effective date of legislative acts","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/32-23","title":"SDCL Chapter 32-23, Driving Under the Influence (§§ 32-23-2, 32-23-4.1)","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/22-42-6","title":"SDCL § 22-42-6, Possession of marijuana prohibited--Degrees according to amount","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/22-42A-3","title":"SDCL § 22-42A-3, Use or possession of drug paraphernalia as misdemeanor","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/faq.aspx","title":"Online Pardon Application: Frequently Asked Questions","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"}]},{"id":"diversion-expungement","name":"Expungement after completing a diversion program","type":"expungement","effect":"Expungement of the entire criminal record related to the arrest (SDCL § 23A-3-35). The diversion sections don't define expungement themselves; Chapter 23A-3 defines it, for arrest-record expungement, as sealing rather than destroying records (§ 23A-3-26).","covers":"Arrests where the prosecutor placed you in a diversion program and you completed it.","outcomes":["diversion"],"narrow":null,"eligible":["You successfully completed all terms of the diversion program (§ 23A-3-35(1)).","You were not charged with any new crime, except petty offenses or minor traffic citations, within 1 year and 30 days after completing the program (§ 23A-3-35(2))."],"not_eligible":["New criminal charges (other than petty offenses or minor traffic tickets) within 1 year and 30 days after completion (§ 23A-3-35(2)).","No one has a right to diversion; state's attorneys are not required to offer or create diversion programs (§ 23A-3-35)."],"waiting_periods":[{"record":"Completed diversion","wait":"1 year and 30 days after completion with no new charges","detail":null}],"automatic":"yes","automatic_detail":"Once the requirements are met, the state's attorney files a dismissal of all related charges and a notice of completion, and the court grants the expungement without a motion or further court action (§§ 23A-3-36, 23A-3-37).","how_to_file":["Nothing to file if the state's attorney files the dismissal and notice of completion.","If that hasn't happened after 1 year and 30 days, contact the state's attorney's office or the clerk of court."],"where":"The court where the charges were filed, through the state's attorney.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No motion is required, and the statute sets no fee for this route.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"After 1 year and 30 days from completion.","statute":{"cite":"SDCL §§ 23A-3-35 to 23A-3-37","url":"https://sdlegislature.gov/Statutes/23A-3-35"},"sources":[{"url":"https://sdlegislature.gov/Statutes/23A-3-35","title":"SDCL § 23A-3-35, Eligibility of person placed in diversion program for expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-36","title":"SDCL § 23A-3-36, Dismissal of charges and notice of completion of diversion","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-37","title":"SDCL § 23A-3-37, Expungement of record on filing of dismissal and notice","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-26","title":"SDCL § 23A-3-26, Definition of expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"}]},{"id":"pardon","name":"Pardon (with sealing of records)","type":"pardon","effect":"A pardon granted through the Chapter 24-14 process releases you from all disabilities of the conviction, and the Governor orders all official records of the arrest, charge, trial, finding of guilt, pardon application and Board proceedings sealed. A public document certifying the pardon is filed with the Secretary of State for 5 years and then sealed. You are restored to your status before the arrest and can't be charged with perjury for not mentioning it in response to any inquiry. The pardoned offense still counts as a prior conviction for sentencing later offenses, for repeat-offense sentencing under Chapter 22-7 and for counting prior DUIs, and DCI keeps a nonpublic record (SDCL § 24-14-11). The felony firearm ban in § 22-14-15 still applies unless the Governor's order says otherwise (§ 24-14-12).","covers":"Misdemeanor and felony convictions; this is South Dakota's main way to seal a conviction that did not receive a suspended imposition of sentence.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Any South Dakota conviction, at least 1 year after the date of conviction (Board of Pardons and Paroles FAQ). Federal convictions can't be pardoned by the Governor.","All court costs, fines and restitution must be paid before the Board will consider a pardon (Board instructions).","Exceptional pardon: one felony (not punishable by life imprisonment) and 5 years since release from a Department of Corrections facility, or 5 years since the offense if you didn't go to prison (§ 24-14-8); the Board also lists misdemeanors or petty offenses more than 5 years old. No newspaper notice is required (§ 24-14-9).","Expedited pardon: Class 2 misdemeanors and petty offenses more than 5 years old, or nonviolent Class 1 misdemeanors more than 10 years old, with no other non-traffic offenses in the last 5 years (Board instructions)."],"not_eligible":["Expedited pardons aren't available for felonies, violent misdemeanors or requests to restore firearm rights (Board instructions).","A pardon granted without following Chapter 24-14 can't be sealed (§ 24-14-11).","Charges that were dismissed or ended in acquittal can't be pardoned; use expungement instead (Board FAQ).","If the Governor or Board denies your application, you must wait 1 year to reapply (Board FAQ)."],"waiting_periods":[{"record":"Any conviction (standard pardon)","wait":"1 year from the date of conviction","detail":"The Board says it generally looks more favorably on applications when more time has passed."},{"record":"One felony (exceptional pardon)","wait":"5 years after release from prison, or 5 years after the offense if no prison","detail":"§ 24-14-8."},{"record":"Class 2 misdemeanor or petty offense (expedited pardon)","wait":"More than 5 years, with no other non-traffic offense in the last 5 years","detail":null},{"record":"Nonviolent Class 1 misdemeanor (expedited pardon)","wait":"More than 10 years, with no other non-traffic offense in the last 5 years","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Use the Board of Pardons and Paroles' online eligibility tool to see whether you qualify for a standard, exceptional or expedited pardon.","Apply online or on the paper application. Include notice to the state's attorney's office and, if required, a chemical dependency or psychosexual evaluation.","For a standard pardon, publish notice once a week for 3 weeks in an official newspaper in the county of the offense and attach the publisher's affidavit (§ 24-14-4). Since July 1, 2026, victims of human trafficking or domestic abuse can be excused from publishing by filing the affidavits listed in § 24-14-4.2.","Attend the clemency hearing. The Board makes a recommendation, and the Governor decides; the Governor considers only applications the Board recommends."],"where":"South Dakota Board of Pardons and Paroles, 1501 S Highline Avenue, Ste 3A, Sioux Falls, SD 57110-1003 (605-367-5040).","forms":[{"name":"Online Pardon Application (Board of Pardons and Paroles)","url":"https://docpardon.sd.gov/default.aspx"}],"cost":{"filing_fee_usd":0,"detail":"There is no fee to apply, but you pay for gathering documents, any required evaluations and, for a standard pardon, newspaper publication (Board FAQ and instructions).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":null,"statute":{"cite":"SDCL ch. 24-14 (§§ 24-14-8, 24-14-11)","url":"https://sdlegislature.gov/Statutes/24-14"},"sources":[{"url":"https://sdlegislature.gov/Statutes/24-14","title":"SDCL Chapter 24-14, Executive Clemency (§§ 24-14-1 to 24-14-12)","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/24-14-8","title":"SDCL § 24-14-8, Application for exceptional pardon--Persons eligible","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/24-14-11","title":"SDCL § 24-14-11, Effects of pardon--Records sealed","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/default.aspx","title":"Online Pardon Application","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/faq.aspx","title":"Online Pardon Application: Frequently Asked Questions","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/instructions.aspx","title":"Online Pardon Application: Instructions","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/eligibility.aspx","title":"Online Pardon Application: Determine Your Eligibility","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Session/Bill/27152","title":"2026 House Bill 1300: except victims of human trafficking or domestic abuse from certain clemency notice requirements","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/2-14-16","title":"SDCL § 2-14-16, Effective date of legislative acts","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":"2016-07-01","detail":"South Dakota has no broad Clean Slate law, but some relief happens without a motion. Any case where a petty offense, city ordinance violation or Class 2 misdemeanor was the highest charge is automatically removed from the public record after 5 years if all court conditions are met and there is no new conviction; courts and enhancement statutes can still use it (SDCL § 23A-3-34). This began July 1, 2016 with a 10-year wait (2016 Senate Bill 97) and has used the 5-year wait since July 1, 2021 (2021 Senate Bill 174); neither bill set its own effective date, so each took effect on July 1 under § 2-14-16. Since 2018, completing a diversion program leads to expungement without a motion once the state's attorney files a dismissal and notice of completion, 1 year and 30 days after completion with no new charges (§§ 23A-3-35 to 23A-3-37). A suspended imposition of sentence ends with discharge and an order sealing the records when probation is completed (§§ 23A-27-14, 23A-27-17).","sources":[{"url":"https://sdlegislature.gov/Statutes/23A-3-34","title":"SDCL § 23A-3-34, Automatic removal of non-felony charges or convictions from public record","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Session/Bill/7121","title":"2016 Senate Bill 97 (SL 2016, ch 134): automatic removal of petty offenses, ordinance violations and Class 2 misdemeanors after ten years; signed March 10, 2016","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Session/Bill/22019","title":"2021 Senate Bill 174 (SL 2021, ch 106): revise automatic removal (five years, no further convictions); signed March 25, 2021","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/2-14-16","title":"SDCL § 2-14-16, Effective date of legislative acts","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-35","title":"SDCL § 23A-3-35, Eligibility of person placed in diversion program for expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-36","title":"SDCL § 23A-3-36, Dismissal of charges and notice of completion of diversion","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-37","title":"SDCL § 23A-3-37, Expungement of record on filing of dismissal and notice","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-14","title":"SDCL § 23A-27-14, Discharge and dismissal of probationer on completion of conditions","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-17","title":"SDCL § 23A-27-17, Sealing of records on discharge of probationer","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"}]},"marijuana":{"detail":"We found no marijuana-specific expungement or sealing law. Possessing 2 ounces or less of marijuana is a Class 1 misdemeanor (SDCL § 22-42-6), so it isn't covered by automatic public-record removal, which applies only when the highest charge was a petty offense, ordinance violation or Class 2 misdemeanor (§ 23A-3-34). Possession of drug paraphernalia is a Class 2 misdemeanor (§ 22-42A-3), so a paraphernalia-only case can qualify. The usual routes for a marijuana conviction are a suspended imposition of sentence (if the judge grants one at sentencing) or a pardon; the Board of Pardons and Paroles lists possession of 2 ounces or less as an example of a Class 1 misdemeanor, which can qualify for an expedited pardon if it is nonviolent and more than 10 years old.","sources":[{"url":"https://sdlegislature.gov/Statutes/22-42-6","title":"SDCL § 22-42-6, Possession of marijuana prohibited--Degrees according to amount","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/22-42A-3","title":"SDCL § 22-42A-3, Use or possession of drug paraphernalia as misdemeanor","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-34","title":"SDCL § 23A-3-34, Automatic removal of non-felony charges or convictions from public record","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/eligibility.aspx","title":"Online Pardon Application: Determine Your Eligibility","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/instructions.aspx","title":"Online Pardon Application: Instructions","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Arrests that didn't lead to conviction are cleared by expungement under SDCL § 23A-3-27: 1 year after an arrest with no charges filed, 1 year after the prosecutor formally dismissed the whole case (sooner with compelling necessity), or any time after an acquittal. You file a motion in circuit court ($72, waivable for indigence), serve the state's attorney, and the judge decides whether clear and convincing evidence shows expungement serves justice and the public interest. Completed diversion leads to expungement without a motion (§§ 23A-3-35 to 23A-3-37). Separately, if the highest charge was a petty offense, ordinance violation or Class 2 misdemeanor, the case drops off the public record automatically after 5 years (§ 23A-3-34).","sources":[{"url":"https://sdlegislature.gov/Statutes/23A-3-27","title":"SDCL § 23A-3-27, Motion for expungement of arrest record","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-28","title":"SDCL § 23A-3-28, Service of motion--Fee","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-30","title":"SDCL § 23A-3-30, Order of expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-35","title":"SDCL § 23A-3-35, Eligibility of person placed in diversion program for expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-37","title":"SDCL § 23A-3-37, Expungement of record on filing of dismissal and notice","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-34","title":"SDCL § 23A-3-34, Automatic removal of non-felony charges or convictions from public record","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://ujs.sd.gov/self-help/civil-law-help/expungement/","title":"Expungement (Self Help)","publisher":"South Dakota Unified Judicial System","accessed":"2026-10-22"},{"url":"https://ujs.sd.gov/media/ilsbhl2z/ujs-390-expungement-instructions.pdf","title":"UJS-390 Instructions and Checklist on Motion for Expungement (Rev. 01/2025)","publisher":"South Dakota Unified Judicial System","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"A first DUI is a Class 1 misdemeanor (SDCL § 32-23-2). A DUI conviction can't be expunged, because expungement covers only arrests without a conviction (§ 23A-3-27), and it isn't covered by automatic public-record removal, which is limited to cases where the highest charge was a petty offense, ordinance violation or Class 2 misdemeanor (§ 23A-3-34). A DUI arrest that was dismissed in full or ended in acquittal can be expunged. A DUI conviction can be sealed through a pardon granted under Chapter 24-14; the Board of Pardons and Paroles lists first and second DUI as Class 1 misdemeanors, so a nonviolent DUI more than 10 years old may qualify for an expedited pardon. A pardoned DUI still counts as a prior DUI conviction under Chapter 32-23 (§ 24-14-11). The general suspended-imposition laws (§§ 23A-27-12.2, 23A-27-13) don't mention DUI, Chapter 32-23 doesn't mention suspended imposition, and we found no official source that says whether courts grant one for DUI. Prior DUIs within 10 years generally count toward a second or later offense (§ 32-23-4.1).","sources":[{"url":"https://sdlegislature.gov/Statutes/32-23","title":"SDCL Chapter 32-23, Driving Under the Influence (§§ 32-23-2, 32-23-4.1)","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-27","title":"SDCL § 23A-3-27, Motion for expungement of arrest record","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-34","title":"SDCL § 23A-3-34, Automatic removal of non-felony charges or convictions from public record","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-12.2","title":"SDCL § 23A-27-12.2, Suspended imposition of misdemeanor sentence","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-13","title":"SDCL § 23A-27-13, Suspended imposition of felony sentence","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/24-14-11","title":"SDCL § 24-14-11, Effects of pardon--Records sealed","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/eligibility.aspx","title":"Online Pardon Application: Determine Your Eligibility","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"}]},"employers":{"detail":"After an expungement, a discharge after suspended imposition of sentence, or a pardon granted under Chapter 24-14, the person can't be held guilty of perjury or of giving a false statement for not mentioning the arrest, charge or trial 'in response to any inquiry made of the person for any purpose' (SDCL §§ 23A-3-32, 23A-27-17, 24-14-11). For state occupational licenses, a 2024 law bars agencies from taking adverse action based on records that were sealed, expunged or pardoned, or requiring applicants to disclose them (§ 36-1C-18), and limits adverse action to convictions that directly relate to the occupation, considering rehabilitation (§ 36-1C-17). We found no South Dakota fair-chance or ban-the-box law covering private employers.","sources":[{"url":"https://sdlegislature.gov/Statutes/23A-3-32","title":"SDCL § 23A-3-32, Effect of order of expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-17","title":"SDCL § 23A-27-17, Sealing of records on discharge of probationer","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/24-14-11","title":"SDCL § 24-14-11, Effects of pardon--Records sealed","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/36-1C-17","title":"SDCL § 36-1C-17, Criminal history--Adverse action limited (occupational licensing)","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/36-1C-18","title":"SDCL § 36-1C-18, Criminal history--Prohibited agency actions","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"}]},"free_help":[{"name":"South Dakota Unified Judicial System: Expungement self-help","url":"https://ujs.sd.gov/self-help/civil-law-help/expungement/","type":"court_self_help","detail":"Expungement forms, instructions and the Guide and File system; forms helpline 1-855-784-0004 or ujssrlhelp@ujs.state.sd.us (no legal advice)."},{"name":"SD Law Help","url":"https://sdlawhelp.org/","type":"legal_aid","detail":"One online application for three South Dakota legal aid nonprofits; a program contacts you within 2 to 5 business days."},{"name":"South Dakota Board of Pardons and Paroles","url":"https://docpardon.sd.gov/default.aspx","type":"state_agency","detail":"Online pardon eligibility check and application; no application fee; 605-367-5040."}],"sources":[{"url":"https://sdlegislature.gov/Statutes/23A-3-26","title":"SDCL § 23A-3-26, Definition of expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-27","title":"SDCL § 23A-3-27, Motion for expungement of arrest record","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-28","title":"SDCL § 23A-3-28, Service of motion--Fee","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-29","title":"SDCL § 23A-3-29, Hearing on motion for expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-30","title":"SDCL § 23A-3-30, Order of expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-31","title":"SDCL § 23A-3-31, Report to Division of Criminal Investigation--Sealing of records","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-32","title":"SDCL § 23A-3-32, Effect of order of expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-33","title":"SDCL § 23A-3-33, No time limitation for making application","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-34","title":"SDCL § 23A-3-34, Automatic removal of non-felony charges or convictions from public record","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Session/Bill/7121","title":"2016 Senate Bill 97 (SL 2016, ch 134): automatic removal of petty offenses, ordinance violations and Class 2 misdemeanors after ten years; signed March 10, 2016","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Session/Bill/22019","title":"2021 Senate Bill 174 (SL 2021, ch 106): revise automatic removal (five years, no further convictions); signed March 25, 2021","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-35","title":"SDCL § 23A-3-35, Eligibility of person placed in diversion program for expungement","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-36","title":"SDCL § 23A-3-36, Dismissal of charges and notice of completion of diversion","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-3-37","title":"SDCL § 23A-3-37, Expungement of record on filing of dismissal and notice","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-12.2","title":"SDCL § 23A-27-12.2, Suspended imposition of misdemeanor sentence","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-13","title":"SDCL § 23A-27-13, Suspended imposition of felony sentence","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-13.3","title":"SDCL § 23A-27-13.3, No suspended imposition for certain rape offenses (SL 2025, ch 102)","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-14","title":"SDCL § 23A-27-14, Discharge and dismissal of probationer on completion of conditions","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-15","title":"SDCL § 23A-27-15, Suspension of sentence as conviction for purposes of habitual offender law","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-16","title":"SDCL § 23A-27-16, Report to Division of Criminal Investigation of discharge and dismissal","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/23A-27-17","title":"SDCL § 23A-27-17, Sealing of records on discharge of probationer","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/24-14","title":"SDCL Chapter 24-14, Executive Clemency (§§ 24-14-1 to 24-14-12)","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/24-14-8","title":"SDCL § 24-14-8, Application for exceptional pardon--Persons eligible","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/24-14-11","title":"SDCL § 24-14-11, Effects of pardon--Records sealed","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/32-23","title":"SDCL Chapter 32-23, Driving Under the Influence (§§ 32-23-2, 32-23-4.1)","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/22-42-6","title":"SDCL § 22-42-6, Possession of marijuana prohibited--Degrees according to amount","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/22-42A-3","title":"SDCL § 22-42A-3, Use or possession of drug paraphernalia as misdemeanor","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/36-1C-17","title":"SDCL § 36-1C-17, Criminal history--Adverse action limited (occupational licensing)","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/36-1C-18","title":"SDCL § 36-1C-18, Criminal history--Prohibited agency actions","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Statutes/2-14-16","title":"SDCL § 2-14-16, Effective date of legislative acts","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Session/Bill/25717","title":"2025 House Bill 1096: prohibit eligibility for a suspended imposition of sentence for certain rape offenses","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://sdlegislature.gov/Session/Bill/27152","title":"2026 House Bill 1300: except victims of human trafficking or domestic abuse from certain clemency notice requirements","publisher":"South Dakota Legislature, Legislative Research Council","accessed":"2026-10-22"},{"url":"https://ujs.sd.gov/self-help/civil-law-help/expungement/","title":"Expungement (Self Help)","publisher":"South Dakota Unified Judicial System","accessed":"2026-10-22"},{"url":"https://ujs.sd.gov/media/ilsbhl2z/ujs-390-expungement-instructions.pdf","title":"UJS-390 Instructions and Checklist on Motion for Expungement (Rev. 01/2025)","publisher":"South Dakota Unified Judicial System","accessed":"2026-10-22"},{"url":"https://ujs.sd.gov/media/10phxydh/ujs-391-motion-for-expungement-and-affidavit-of-mailing-final-07_2026.pdf","title":"UJS-391 Motion for Expungement, Admission of Service and Statement of Mailing (Rev. 07/2026)","publisher":"South Dakota Unified Judicial System","accessed":"2026-10-22"},{"url":"https://ujs.sd.gov/media/xbedrlhr/ujs-394-order-of-expungement_07_2026.pdf","title":"UJS-394 Order on Motion for Expungement (Rev. 07/2026)","publisher":"South Dakota Unified Judicial System","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/default.aspx","title":"Online Pardon Application","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/faq.aspx","title":"Online Pardon Application: Frequently Asked Questions","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/instructions.aspx","title":"Online Pardon Application: Instructions","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"},{"url":"https://docpardon.sd.gov/eligibility.aspx","title":"Online Pardon Application: Determine Your Eligibility","publisher":"South Dakota Board of Pardons and Paroles (Department of Corrections)","accessed":"2026-10-22"},{"url":"https://sdlawhelp.org/","title":"SD Law Help: Get Free Legal Help","publisher":"SD Law Help (three South Dakota legal aid nonprofits)","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"tennessee","code":"TN","name":"Tennessee","terms":["expunction","expungement","certificate of employability"],"summary":"Tennessee clears records through expunction, which destroys the public records and treats the case as if it never happened. Charges that were dismissed, dropped or ended in a not-guilty verdict can be expunged for free, and charges dismissed after diversion can be expunged for a clerk's fee. Most misdemeanors and a list of lower-level Class C, D and E felonies can be expunged by petition 5 or 10 years after the sentence is finished, usually only once, while DUI and many violent, sexual and domestic-violence offenses are excluded. Nothing is cleared automatically.","remedies":[{"id":"conviction-expunction","name":"Expunction of a conviction","type":"expungement","effect":"An expunction restores you, in the eyes of the law, to the status you had before the arrest. The conviction is treated as never having occurred, you may not suffer adverse effects or collateral consequences because of it, and you are not guilty of perjury or a false statement if you don't mention the arrest, charge, trial or conviction in response to any inquiry, for any purpose (Tenn. Code Ann. § 40-32-110). Agencies and court clerks must destroy the public records within 60 days of the order, and the TBI removes the charge within 60 days of receiving it (§ 40-32-102). The TBI says it deletes rather than seals the charge and sends the order to the FBI. The court clerk keeps a confidential record that only the district attorney, you, your lawyer and the judge can see, and it can be used to increase the sentence if you are later convicted of a new crime (§ 40-32-108(f)). If you are otherwise allowed to have a gun under state and federal law, you may buy a firearm and apply for a handgun carry permit (§ 40-32-110(d)). Private background-check companies may still show the old record until you contact them (TBI). Don't count on an expunction to restore voting rights: the Davidson County clerk's petition checklist says a granted expunction \"will not alter voting rights or any citizenship rights\" and that further action is needed to restore them, and the TBI must share expunged information with the state Coordinator of Elections on request to check voting eligibility (§ 38-6-118(d)(3)). After a felony, voting rights are restored through a separate circuit court petition.","covers":"Most misdemeanors and a fixed list of lower-level Class C, D and E felonies (mostly theft, fraud, forgery, non-residential burglary, vandalism and lower-level drug offenses), once the sentence is finished and the waiting period has passed.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["One misdemeanor committed on or after November 1, 1989, unless it is on the statute's exclusion list (Tenn. Code Ann. § 40-32-107(a)(1)(D)).","One Class C, D or E felony committed on or after November 1, 1989 that appears on the statute's lists, including an attempt, conspiracy, facilitation or solicitation to commit it. The lists include theft, forgery, credit card fraud, worthless checks, identity theft (Class D), burglary of a building other than a home and of a car, vandalism, felony failure to appear, evading arrest in a car with no risk to others, money laundering, marijuana possession or sale of 1/2 ounce to 10 pounds, third-offense simple possession, and possession or sale of Schedule II drugs under 0.5 grams or of Schedule III, IV, V or VII drugs (§ 40-32-107(a)(1)(A)-(C)).","Up to two convictions together: two misdemeanors, or one listed felony and one misdemeanor (§ 40-32-107(b)). Eligible convictions from one continuous criminal episode at the same time and place count as a single offense (§ 40-32-107(a)(1)(F), (b)(2)).","Older convictions for offenses committed before November 1, 1989, if the offense did not involve force or a threat of force, a deadly weapon, a registrable sexual offense or a sexual offense involving a minor, death or injury, alcohol or drugs and a motor vehicle, sale of Schedule I or certain Schedule II drugs, a minor victim, or a loss of $60,000 or more, and you never had a conviction expunged after diversion (§ 40-32-107(a)(1)(E)).","The offense must have happened before any conviction that can't be expunged, including federal or out-of-state convictions that would be ineligible in Tennessee (§ 40-32-107(a)(3)(A)(i)).","You must have finished every part of the sentence: paid all fines, restitution, court costs and other assessments; completed any jail, prison or probation; met all conditions of release; and, if the sentence required it, stayed free of alcohol or drug dependency for at least 1 year (§ 40-32-107(a)(3)(C)).","A conviction for illegal registration or voting (§ 2-19-107) can be expunged after a longer, 15-year wait (§ 40-32-107(c)).","If you meet the requirements under § 40-32-107(a)(1)(A)-(E), the law presumes the petition should be granted, though the district attorney may present evidence against it and the judge weighs your interest against justice and public safety (§ 40-32-108(d)(2))."],"not_eligible":["Anyone who has already been granted a conviction expunction under § 40-32-107(a), (b) or (c). In general this route can be used only once (§ 40-32-107(a)(3)(A)(ii), (b)(1)(E)).","Class A and Class B felonies, and any Class C, D or E felony that is not on the statute's lists (§ 40-32-107(a)(1)).","Excluded misdemeanors, including DUI, domestic assault, assault by offensive or provocative physical contact (and any assault committed before July 1, 2000), violating an order of protection, stalking, child abuse or neglect of children in certain age ranges, reckless burning, aggravated criminal trespass, public indecency and indecent exposure, several firearm offenses, and listed sexual, obscenity and methamphetamine-precursor offenses (§ 40-32-107(a)(1)(D)).","Drug offenses committed in a motor vehicle while holding a commercial driver license, or in a commercial motor vehicle while holding any driver license (§ 40-32-107(a)(2)).","An offense committed after a conviction that can't be expunged (§ 40-32-107(a)(3)(A)(i)). Since July 1, 2026, a narrow exception applies to some people with one DUI conviction who completed a certified recovery court program (see the Recovery Court Renewal Act route)."],"waiting_periods":[{"record":"Misdemeanor or listed Class E felony","wait":"5 years after you complete the sentence","detail":"Fines, restitution, costs and assessments must be paid and all release conditions met (§ 40-32-107(a)(3)(B)(i))."},{"record":"Listed Class C or Class D felony","wait":"10 years after you complete the sentence","detail":"A bill to shorten the Class D wait to 6 years and the misdemeanor and Class E wait to 3 years (SB 956/HB 1081) passed the Senate in 2025 but failed in a House subcommittee on March 11, 2026, so the waits are unchanged."},{"record":"Two convictions together (two misdemeanors, or one listed felony and one misdemeanor)","wait":"5 years for each misdemeanor or Class E felony and 10 years for a Class C or D felony, counted from completion of each sentence","detail":"§ 40-32-107(b)(1)(C)."},{"record":"Illegal registration or voting (§ 2-19-107)","wait":"15 years after you complete the sentence","detail":"A 2025 bill to cut this to 10 years (HB 450/SB 1224) did not advance."},{"record":"After a petition is denied","wait":"2 years from the denial before filing again","detail":"§ 40-32-108(d)(3)."}],"automatic":"no","automatic_detail":null,"how_to_file":["Check that the conviction is on the eligible lists (or is a misdemeanor not on the exclusion list), that the sentence is fully finished and paid, that the waiting period has passed, and that you have not had a conviction expunged before.","Contact the district attorney's office in the county where you were convicted. By law, the DA's office prepares the petition and proposed order and gives them to you to file (§ 40-32-108(e)); the TBI tells people to request a conviction expungement packet from the DA's office. Some counties, such as Davidson County, post the petitions online.","File the petition with the clerk of the court where you were convicted and pay the clerk's cost.","The clerk serves the district attorney, who has 60 days to send recommendations to the court and to you. Both sides may file evidence, and the DA may file some evidence under seal (§ 40-32-108(b)-(c)).","Before ruling, the court gets a TBI certificate saying whether the offense is eligible; the judge still decides whether you meet the other requirements (§ 40-32-102(c)). The statute doesn't require a hearing, so ask the clerk whether you need to appear.","The court rules no sooner than 61 days after the DA was served. If granted, ask for certified copies of the order and keep one; the court sends the order to the TBI within 30 days (§ 40-32-102(d); § 40-32-108(d)).","Check your TBI record later, and contact private background-check companies directly if they still show the case (TBI)."],"where":"The court where you were convicted (general sessions or criminal court), through its clerk. The district attorney's office for that county prepares the paperwork.","forms":[{"name":"Petition to Expunge Records of Conviction under T.C.A. § 40-32-107(a) (Davidson County version)","url":"https://ccc.nashville.gov/wp-content/uploads/2025/07/Expungement-Petition-a.pdf"},{"name":"Petition to Expunge Records of Conviction under T.C.A. § 40-32-107(b), two offenses (Davidson County version)","url":"https://ccc.nashville.gov/wp-content/uploads/2025/07/Expungement-Petition-b.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Court clerks may charge up to $100 for an expunction (Tenn. Code Ann. § 8-21-401). The Knox County District Attorney's office lists a non-refundable $100 clerk fee for conviction and diversion expungements. The TBI does not charge for the eligibility certificate (MTAS 2026 training with TBI staff). Separate state expunction fees were repealed effective July 1, 2019 (Public Chapter 200 of 2019). All fines, court costs and restitution from the case must be paid before you qualify.","fee_waiver":"not_stated","fee_waiver_detail":"We found no statute that waives the clerk's expunction cost. The Knox County DA's office refers people who need help with court costs or fee waivers to the University of Tennessee College of Law Expungement Hotline (865-974-6775). Ask your court clerk."},"hearing":"not_stated","timeline":"The DA has 60 days to respond; the court rules no sooner than 61 days after the DA is served. The court sends a granted order to the TBI within 30 days, and agencies, clerks and the TBI remove the records within 60 days (§§ 40-32-102, 40-32-108).","statute":{"cite":"Tenn. Code Ann. §§ 40-32-107, 40-32-108, 40-32-110 (enacted in this form by Public Chapter 268 of 2025)","url":"https://publications.tnsosfiles.com/acts/114/pub/pc0268.pdf"},"sources":[{"url":"https://publications.tnsosfiles.com/acts/114/pub/pc0268.pdf","title":"Public Chapter No. 268 (2025), Senate Bill 1055: reorganization of the expunction law (Tenn. Code Ann. title 40, chapter 32)","publisher":"Tennessee Secretary of State","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-107/","title":"Tenn. Code Ann. § 40-32-107 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-108/","title":"Tenn. Code Ann. § 40-32-108 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-110/","title":"Tenn. Code Ann. § 40-32-110 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-102/","title":"Tenn. Code Ann. § 40-32-102 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-8-public-officers-and-employees/tn-code-sect-8-21-401/","title":"Tenn. Code Ann. § 8-21-401 (court clerk fees; republished statute text with the 2026-2028 fee tables)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-38-prevention-and-detection-of-crime/tn-code-sect-38-6-118/","title":"Tenn. Code Ann. § 38-6-118 (TBI expunged offender and diversion database; sharing with the Coordinator of Elections; republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://publications.tnsosfiles.com/acts/111/pub/pc0200.pdf","title":"Public Chapter No. 200 (2019), Senate Bill 797: expunction fees","publisher":"Tennessee Secretary of State","accessed":"2026-10-22"},{"url":"https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0956&GA=114","title":"Bill information, SB 956 / HB 1081 (shorter expunction waiting periods; failed in House subcommittee March 11, 2026)","publisher":"Tennessee General Assembly","accessed":"2026-10-22"},{"url":"https://www.tn.gov/content/dam/tn/tbi/documents/Expungement-FAQ-81023.pdf","title":"Frequently Asked Questions - Expungements","publisher":"Tennessee Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://www.mtas.tennessee.edu/sites/default/files/private/useful%20links/courts/MCC%202026%20Expungements.pdf","title":"2026 Expungements training for municipal court clerks (with the TBI CJIS Division), April 15, 2026","publisher":"University of Tennessee Municipal Technical Advisory Service (MTAS)","accessed":"2026-10-22"},{"url":"https://dag.knoxcountytn.gov/community-resources/expungements/","title":"Expungements","publisher":"Knox County District Attorney General's Office","accessed":"2026-10-22"},{"url":"https://ccc.nashville.gov/wp-content/uploads/2025/07/Expungement-Petition-a.pdf","title":"Petition to Expunge Records of Conviction Pursuant to T.C.A. § 40-32-107(a), with eligibility checklist and offense lists","publisher":"Davidson County Criminal Court Clerk","accessed":"2026-10-22"}]},{"id":"pardon-expunction","name":"Expunction after a governor's pardon","type":"expungement","effect":"Same effect as other expunctions: the public records are destroyed, the conviction is treated as never having occurred, and you may decline to mention it in response to any inquiry, though the court keeps a confidential record that can be used to increase a later sentence (Tenn. Code Ann. §§ 40-32-108(f), 40-32-110).","covers":"Convictions for which the governor granted a pardon after a favorable Board of Parole vote, except a short list of the most serious offenses.","outcomes":["misdemeanor","felony"],"narrow":"Only after a governor's pardon","eligible":["You petitioned for and received a favorable vote from the Board of Parole to receive a pardon, and the governor granted the pardon (§ 40-32-107(d)(1)(B)-(C)).","Since April 14, 2026 (Public Chapter 719), this route is no longer limited to nonviolent crimes. Instead, the judge must find the conviction is not one of the excluded offenses, and in deciding must consider whether the offense was violent and any other relevant factors raised by you or the district attorney (§§ 40-32-107(d)(1)(A), 40-32-108(d)(2)).","The statute sets no waiting period after the pardon."],"not_eligible":["First or second degree murder, especially aggravated kidnapping, aggravated child abuse, especially aggravated robbery, an act of terrorism, a sexual offense that requires sex offender registration or any sexual offense involving a minor, or an attempt, conspiracy, facilitation or solicitation to commit one of these (§ 40-32-107(d)(1)(A))."],"waiting_periods":[{"record":"Pardoned conviction","wait":"None stated after the pardon","detail":"The pardon itself requires a favorable Board of Parole vote and the governor's decision."}],"automatic":"no","automatic_detail":null,"how_to_file":["After receiving the pardon, contact the district attorney's office in the county of conviction, which prepares the petition and proposed order (§ 40-32-108(e)).","File the petition with the clerk of the court where you were convicted. The DA has 60 days to respond, and the court rules no sooner than 61 days after service (§ 40-32-108).","Unlike the regular conviction route, there is no presumption in favor of granting; the judge weighs your interest against justice and public safety, including whether the offense was violent."],"where":"The court where you were convicted, through its clerk.","forms":[],"cost":{"filing_fee_usd":null,"detail":"Court clerks may charge up to $100 for an expunction (Tenn. Code Ann. § 8-21-401).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":"Order no sooner than 61 days after the petition is served on the DA (§ 40-32-108(d)(1)).","statute":{"cite":"Tenn. Code Ann. § 40-32-107(d), as amended by Public Chapter 719 of 2026","url":"https://publications.tnsosfiles.com/acts/114/pub/pc0719.pdf"},"sources":[{"url":"https://publications.tnsosfiles.com/acts/114/pub/pc0719.pdf","title":"Public Chapter No. 719 (2026), Senate Bill 2197: expungements following a pardon","publisher":"Tennessee Secretary of State","accessed":"2026-10-22"},{"url":"https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB2197&GA=114","title":"Bill information, SB 2197 / HB 2452 (Public Chapter 719; effective April 14, 2026)","publisher":"Tennessee General Assembly","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-107/","title":"Tenn. Code Ann. § 40-32-107 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-108/","title":"Tenn. Code Ann. § 40-32-108 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"}]},{"id":"recovery-court-expunction","name":"Recovery Court Renewal Act expunction","type":"expungement","effect":"Same effect as other expunctions (Tenn. Code Ann. § 40-32-110). It clears a later, otherwise-eligible offense; it does not expunge the DUI itself.","covers":"An otherwise-eligible misdemeanor or listed felony for people whose record includes one DUI conviction and who completed a certified recovery court program. In effect since July 1, 2026.","outcomes":["misdemeanor","felony"],"narrow":"One prior DUI and completed recovery court","eligible":["The offense you want cleared is eligible under § 40-32-107(a)(1) and happened at least 10 years after your DUI conviction (§ 40-32-107(e)(1)(A)).","You completed every part of the sentence for that offense, including paying all fines, restitution, court costs and assessments and finishing any imprisonment, probation and release conditions (§ 40-32-107(e)(1)(B)).","You successfully completed a certified recovery court program (§ 40-32-107(e)(1)(C)).","You have been convicted of DUI no more than once, and you have never been granted an expunction under § 40-32-107(a), (b), (c) or (e) (§ 40-32-107(e)(1)(D)-(E))."],"not_eligible":["The DUI conviction itself, or any offense that involves a motor vehicle and alcohol or a controlled substance (§ 40-32-107(e)(3)).","Anyone with two or more DUI convictions (§ 40-32-107(e)(1)(E))."],"waiting_periods":[{"record":"Offense you want cleared","wait":"Must have occurred at least 10 years after your DUI conviction","detail":"Subsection (e) does not repeat the 5- and 10-year post-sentence waits in subsection (a); we found no guidance on whether courts apply them to this route."}],"automatic":"no","automatic_detail":null,"how_to_file":["Petition under § 40-32-108, the same process as the regular conviction route: the DA's office in the county of conviction prepares the petition, you file it with the clerk, the DA has 60 days to respond, and the court rules no sooner than 61 days after service (§ 40-32-107(e)(2))."],"where":"The court where you were convicted of the offense you want cleared.","forms":[],"cost":{"filing_fee_usd":null,"detail":"Court clerks may charge up to $100 for an expunction (Tenn. Code Ann. § 8-21-401).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Tenn. Code Ann. § 40-32-107(e) (Public Chapter 1061 of 2026, effective July 1, 2026)","url":"https://publications.tnsosfiles.com/acts/114/pub/pc1061.pdf"},"sources":[{"url":"https://publications.tnsosfiles.com/acts/114/pub/pc1061.pdf","title":"Public Chapter No. 1061 (2026), Senate Bill 1232: Recovery Court Renewal Act (effective July 1, 2026)","publisher":"Tennessee Secretary of State","accessed":"2026-10-22"},{"url":"https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB1232&GA=114","title":"Bill information, SB 1232 / HB 1346 (Public Chapter 1061; signed May 22, 2026; effective July 1, 2026)","publisher":"Tennessee General Assembly","accessed":"2026-10-22"}]},{"id":"human-trafficking-expunction","name":"Expunction for human trafficking survivors","type":"expungement","effect":"All public records of the covered convictions are destroyed, you are restored to the status you held before the arrest, no collateral consequences may be imposed or continued, and you may decline to mention the convictions in response to any inquiry. The law also says you may not suffer adverse effects from the expunged convictions, including having to pay fines and fees owed to the court. The court clerk keeps a confidential record that can be used only to increase a later sentence (Tenn. Code Ann. § 40-32-105(i)-(j)).","covers":"Convictions that resulted from a person's status as a victim of human trafficking.","outcomes":["misdemeanor","felony"],"narrow":"Human trafficking survivors only","eligible":["Each conviction resulted from your status as a victim of human trafficking and happened on or after the date you became a victim, as the court determines. You can show this by testimony or affidavit, and no one has to have been convicted of trafficking you (§ 40-32-105(b)(6)).","Each conviction is individually eligible under § 40-32-107(a)(1), or is for aggravated prostitution (§ 40-32-105(b)(5)(C)).","At least 1 year has passed since you completed the sentence for your most recent offense, and you have no conviction in the past year and no pending charges (§ 40-32-105(b)(1), (b)(3)).","You completed any imprisonment or probation and met all release conditions (§ 40-32-105(b)(2)). Unlike the regular route, the conditions listed for this route do not include paying fines and fees."],"not_eligible":["Convictions that had the use, attempted use or threat of physical force as an element, or that involved a deadly weapon (§ 40-32-105(b)(5)).","Anyone who already had records expunged under this section (§ 40-32-105(b)(4))."],"waiting_periods":[{"record":"Convictions resulting from trafficking","wait":"1 year after completing the sentence for your most recent offense, with no conviction in that year","detail":"If denied, you must wait 2 years to file again (§ 40-32-105(f))."}],"automatic":"no","automatic_detail":null,"how_to_file":["The DA's office prepares the petition and proposed order for you to file (§ 40-32-105(h)).","File in the court where you were most recently convicted. The clerk serves the DA in every county where you have a conviction to be expunged, and each DA has 60 days to send recommendations (§ 40-32-105(c)).","The court may hold a hearing to take testimony and decides after weighing your interests against justice and public safety (§ 40-32-105(d)-(e))."],"where":"The court where you were most recently convicted.","forms":[{"name":"Petition to Expunge Records of Conviction Pursuant to T.C.A. § 40-32-105 (Davidson County version)","url":"https://ccc.nashville.gov/wp-content/uploads/2025/07/Expungement-Petition-40-32-105.pdf"}],"cost":{"filing_fee_usd":null,"detail":"The section's fee provision points to a fee subsection that has been repealed (§ 40-32-105(k)). Court clerks may charge up to $100 for expunctions (§ 8-21-401), so ask the clerk.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"Each DA has 60 days after service to send recommendations (§ 40-32-105(c)).","statute":{"cite":"Tenn. Code Ann. § 40-32-105","url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-105/"},"sources":[{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-105/","title":"Tenn. Code Ann. § 40-32-105 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://ccc.nashville.gov/wp-content/uploads/2025/07/Expungement-Petition-40-32-105.pdf","title":"Petition to Expunge Records of Conviction Pursuant to T.C.A. § 40-32-105","publisher":"Davidson County Criminal Court Clerk","accessed":"2026-10-22"}]},{"id":"non-conviction-expunction","name":"Free expunction of dismissed charges and acquittals","type":"expungement","effect":"All public records of the charge are removed and destroyed, with the same legal effect as other expunctions: you are restored to the status you had before the arrest and may decline to mention it in response to any inquiry (Tenn. Code Ann. §§ 40-32-106, 40-32-110). The TBI deletes the charge and sends the order to the FBI.","covers":"Charges that were dismissed, dropped (nolle prosequi), not indicted, or ended in a not-guilty verdict, and arrests where no charge was filed.","outcomes":["no_conviction"],"narrow":null,"eligible":["The charge was dismissed for a reason other than completing diversion (§ 40-32-106(a)(1)(A)).","A grand jury returned a no true bill, or you were arrested and released without being charged (§ 40-32-106(a)(1)(B)-(C)).","A nolle prosequi was entered (§ 40-32-106(a)(1)(D)).","A judge or jury found you not guilty on all charges (§ 40-32-106(a)(1)(E)).","An implied consent violation was dismissed without costs (§ 40-32-106(a)(1)(F)).","The charge was abated by death (a personal representative may apply), or you were arrested or charged because of mistaken identity, in which case the court may order the expunction expedited (§ 40-32-106(a)(1)(G)-(H)).","An order of protection petition against you was successfully defended and denied (§ 40-32-106(a)(2)(A))."],"not_eligible":["Cases where you were convicted of any count in the same indictment, or of another offense from the same criminal conduct or episode (including a lesser included offense). A traffic offense conviction does not count for this rule (§ 40-32-106(b)(4)). In that situation you can still ask the court to remove the charges you weren't convicted of from public electronic databases (§ 40-32-106(c)(2)).","Findings of not guilty by reason of insanity or incompetence to stand trial (§ 40-32-106(b)(3)).","Implied consent violations dismissed with costs, or dismissed without costs where you held a commercial license and were in a motor vehicle, or held any license and were in a commercial vehicle (§ 40-32-106(b)(1)-(2)).","If your record says a charge was \"dismissed with costs,\" the AOC says you must take care of those court costs first, and a \"retired\" charge must first be changed to dismissed (Tennessee AOC)."],"waiting_periods":[{"record":"Dismissed charge, nolle prosequi, no true bill, or arrest without charge","wait":"None","detail":null},{"record":"Not-guilty verdict on all charges","wait":"None","detail":"At the verdict, the judge must ask whether you want the records destroyed; if you say yes, the court orders it without a petition or cost. If you decide later, you file a petition (§ 40-32-106(e)(2))."}],"automatic":"no","automatic_detail":"Nothing happens without a request. After a not-guilty verdict on all charges, the judge must ask you at the time of the verdict whether you want the records destroyed, and orders it if you say yes (§ 40-32-106(e)(2)). The TBI says expungement is not automatic and you must file with the court.","how_to_file":["Get the case information (docket number and charges) from the court clerk.","File a request for expungement with the criminal court clerk for the court where the case started (general sessions or a trial court). You may need a separate form for each charge. You do not need to appear in court (Tennessee AOC).","Bring a self-addressed stamped envelope for each charge if you want copies mailed to you, and ask for certified copies of each expungement order and charging document (Tennessee AOC).","The order goes to the judge and then to the arresting agency, jail, Department of Correction and TBI. Keep a certified copy of the order (TBI)."],"where":"The court where the case started (general sessions or trial court), through the criminal court clerk.","forms":[],"cost":{"filing_fee_usd":0,"detail":"Free: the law says these records are destroyed without cost to you (§ 40-32-106(a)). If the charge was dismissed with costs, the costs must be resolved first.","fee_waiver":"not_stated","fee_waiver_detail":"No fee is charged, so no waiver is needed. For charges dismissed with costs, the AOC says you may be able to get the costs waived."},"hearing":"no","timeline":"Agencies and clerks must destroy the records within 60 days of the order, and the TBI within 60 days of receiving it (§ 40-32-102).","statute":{"cite":"Tenn. Code Ann. § 40-32-106 (Public Chapter 268 of 2025)","url":"https://publications.tnsosfiles.com/acts/114/pub/pc0268.pdf"},"sources":[{"url":"https://publications.tnsosfiles.com/acts/114/pub/pc0268.pdf","title":"Public Chapter No. 268 (2025), Senate Bill 1055 (new § 40-32-106)","publisher":"Tennessee Secretary of State","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-106/","title":"Tenn. Code Ann. § 40-32-106 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://tncourts.gov/programs/self-help-center/expungements","title":"Expungements (Self Help Center)","publisher":"Tennessee Administrative Office of the Courts","accessed":"2026-10-22"},{"url":"https://www.tn.gov/content/dam/tn/tbi/documents/Expungement-FAQ-81023.pdf","title":"Frequently Asked Questions - Expungements","publisher":"Tennessee Bureau of Investigation","accessed":"2026-10-22"}]},{"id":"diversion-expunction","name":"Expunction after pretrial or judicial diversion","type":"expungement","effect":"Records of the arrest, charge, any guilty plea or finding, and the dismissal are expunged, and you are restored to the status you had before the arrest. You are not guilty of perjury or a false statement for not mentioning them in response to any inquiry, except if you later sue someone over the same incident (Tenn. Code Ann. § 40-35-313(b)). The court keeps a nonpublic record used to check eligibility for diversion in the future, and the TBI keeps the case in a confidential diversion database (§§ 40-35-313(a)(2), 38-6-118). In some civil lawsuits, a guilty plea or verdict for certain felonies within the past 10 years can still be used to challenge a party's truthfulness (§ 40-35-313(c)).","covers":"Charges dismissed after you completed pretrial diversion (an agreement with the prosecutor) or judicial diversion (probation without a judgment of guilt).","outcomes":["diversion"],"narrow":null,"eligible":["Your charge was dismissed after you successfully completed pretrial diversion (§§ 40-15-102 to 40-15-107) or judicial diversion (§ 40-35-313) (§ 40-32-106(d)(1)).","All court costs must be paid; the clerk notes this on the application before the order is entered (§ 40-35-313(b))."],"not_eligible":["Diversion for a sexual offense or violent sexual offense as defined in § 40-39-202 (§ 40-32-106(d)(2); § 40-35-313(b)).","DUI charges can't be diverted at all, so this route doesn't apply to them (§§ 40-15-105(a)(1)(B), 40-35-313(a)(1)(B))."],"waiting_periods":[{"record":"Charge dismissed after diversion","wait":"None after the dismissal","detail":"For pretrial diversion, the court dismisses the charge 90 days after the diversion period ends if the agreement wasn't terminated (§ 40-15-105(e))."}],"automatic":"no","automatic_detail":null,"how_to_file":["After the dismissal, file an application for expunction with the clerk of the court that handled the case, and pay any remaining court costs and the clerk's expunction cost.","The court must get a TBI certificate on whether the offense is eligible before entering the order (§ 40-32-102(c)).","Section 40-35-313(b) says the court enters the order after a hearing if it finds you were discharged and dismissed; ask the clerk whether you need to appear."],"where":"The court that dismissed the charge, through its clerk.","forms":[],"cost":{"filing_fee_usd":null,"detail":"You pay the clerk's fee for destroying the records (§ 40-32-106(d)(3)), which can be up to $100 (§ 8-21-401). Knox County lists a non-refundable $100 fee. The separate state fee for expunction after diversion was repealed effective July 1, 2019 (Public Chapter 200 of 2019). The $100 TBI fee in § 38-6-118(e) is paid when you apply for diversion, not for the expunction.","fee_waiver":"not_stated","fee_waiver_detail":"We found no statute waiving this fee. In Knox County, the University of Tennessee College of Law Expungement Hotline (865-974-6775) helps with court costs and fee waivers."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Tenn. Code Ann. § 40-32-106(d); § 40-35-313(b)","url":"https://publications.tnsosfiles.com/acts/114/pub/pc0268.pdf"},"sources":[{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-106/","title":"Tenn. Code Ann. § 40-32-106 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-35-313/","title":"Tenn. Code Ann. § 40-35-313 (judicial diversion; republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-15-105/","title":"Tenn. Code Ann. § 40-15-105 (pretrial diversion; republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-38-prevention-and-detection-of-crime/tn-code-sect-38-6-118/","title":"Tenn. Code Ann. § 38-6-118 (TBI expunged offender and diversion database; republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://dag.knoxcountytn.gov/community-resources/expungements/","title":"Expungements","publisher":"Knox County District Attorney General's Office","accessed":"2026-10-22"},{"url":"https://www.mtas.tennessee.edu/sites/default/files/private/useful%20links/courts/MCC%202026%20Expungements.pdf","title":"2026 Expungements training for municipal court clerks (with the TBI CJIS Division), April 15, 2026","publisher":"University of Tennessee Municipal Technical Advisory Service (MTAS)","accessed":"2026-10-22"}]},{"id":"arrest-record-expunction","name":"Expunction of an arrest with no court record","type":"expungement","effect":"The arrest record is expunged, with the same legal effect as other expunctions (Tenn. Code Ann. §§ 40-32-109(f), 40-32-110).","covers":"Arrest records where the court that would have handled the offense has no record of the arrest.","outcomes":["no_conviction"],"narrow":"Arrests with no record in the court's files","eligible":["The court with jurisdiction over the offense has no history of your arrest for that offense in its records. The clerk searches the court's records and certifies the result to the court (§ 40-32-109(a), (c))."],"not_eligible":[],"waiting_periods":[],"automatic":"no","automatic_detail":null,"how_to_file":["File a petition with the court that would have had jurisdiction over the offense. The clerk serves the district attorney, and both sides may file evidence.","The court reviews the clerk's certification and may order the arrest record expunged if it finds no history of the arrest (§ 40-32-109(b)-(d))."],"where":"The court with jurisdiction over the offense for which you were arrested.","forms":[],"cost":{"filing_fee_usd":null,"detail":"You pay the clerk's fee under § 8-21-401 (§ 40-32-109(e)), which can be up to $100 for expunctions.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Tenn. Code Ann. § 40-32-109","url":"https://publications.tnsosfiles.com/acts/114/pub/pc0268.pdf"},"sources":[{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-109/","title":"Tenn. Code Ann. § 40-32-109 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"}]},{"id":"certificate-of-employability","name":"Certificate of employability","type":"certificate","effect":"It does not clear the record. Licensing boards and agencies may not refuse to issue, restore or renew a license based solely on your past criminal record and must instead decide case by case, although a board may adopt rules based on how long ago the offense was or whether it bears directly on the job. An employer that knew about the certificate is immune from a negligent-hiring claim over hiring you, and the certificate can be used as evidence of due care. It is presumptively revoked if you are convicted of a new felony (Tenn. Code Ann. § 40-29-107(l)-(n)). It does not apply to fields regulated under titles 41, 49, 56, 63 and 71 of the Tennessee Code and a few other listed laws, which include education, insurance and the health-care professions (§ 40-29-107(o)).","covers":"People with felony convictions who want help getting jobs or occupational licenses, filed alone or together with a petition to restore citizenship rights.","outcomes":["felony"],"narrow":null,"eligible":["The court may grant it if you show by a preponderance of the evidence that you have the character of a person of honesty, respectability and veracity and are generally regarded that way by your neighbors; that it will materially help you get a job or license; that you have a substantial need for it to live a law-abiding life; and that granting it would not pose an unreasonable risk to anyone's safety (§ 40-29-107(i)).","The petition must include your criminal history for each offense that disqualifies you from a job or license, your work history, verifiable references, family or others who support your reentry plan, and why you need the certificate (§ 40-29-107(e))."],"not_eligible":[],"waiting_periods":[],"automatic":"no","automatic_detail":null,"how_to_file":["Fill out the standard Petition for Certificate of Employability from the Administrative Office of the Courts.","File it in the circuit court of the county where you live or where you were convicted (§ 40-29-107(b)).","The district attorneys in the county where you live and where you were convicted get 20 days' notice and may oppose; the DA notifies known victims (§ 40-29-107(f)-(g)).","The court reviews your petition and history and may order reports or more information before deciding. A denial can be appealed only for abuse of discretion (§ 40-29-107(h), (k))."],"where":"Circuit court in the county where you live or where you were convicted.","forms":[{"name":"Petition for Certificate of Employability (AOC standard form)","url":"https://www.tncourts.gov/sites/default/files/docs/petition_for_certificate_of_employability_2018_update_UA.pdf"}],"cost":{"filing_fee_usd":null,"detail":"You pay the costs of the application (§ 40-29-107(c)); the amount depends on the county.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"Tenn. Code Ann. § 40-29-107","url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-29-107/"},"sources":[{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-29-107/","title":"Tenn. Code Ann. § 40-29-107 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://www.tncourts.gov/sites/default/files/docs/petition_for_certificate_of_employability_2018_update_UA.pdf","title":"Petition for Certificate of Employability, Tennessee Code Annotated Section 40-29-107 (updated 4/10/18)","publisher":"Tennessee Administrative Office of the Courts","accessed":"2026-10-22"}]}],"clean_slate":{"status":"none","effective":null,"detail":"Tennessee has no Clean Slate law and does not clear records automatically; the TBI says expungement is not automatic and you must file with the court. The closest process is after a not-guilty verdict on all charges, when the judge must ask whether you want the records destroyed and orders it without a petition if you say yes (Tenn. Code Ann. § 40-32-106(e)(2)). A 2025 bill that would have let court clerks in some counties start certain expunctions without a petition (SB 1177) stalled in a Senate Judiciary subcommittee in March 2025, and its House companion (HB 689) was taken off notice in a House subcommittee on March 11, 2026.","sources":[{"url":"https://www.tn.gov/content/dam/tn/tbi/documents/Expungement-FAQ-81023.pdf","title":"Frequently Asked Questions - Expungements","publisher":"Tennessee Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-106/","title":"Tenn. Code Ann. § 40-32-106 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB1177&GA=114","title":"Bill information, SB 1177 / HB 689 (automatic expunction processing program; assigned to General Subcommittee of Senate Judiciary, March 31, 2025; HB 689 taken off notice March 11, 2026)","publisher":"Tennessee General Assembly","accessed":"2026-10-22"}]},"marijuana":{"detail":"We found no marijuana-specific expungement law in Tennessee. Marijuana cases follow the general rules. Simple possession or casual exchange is a misdemeanor that is not on the exclusion list, so a conviction may be expunged 5 years after the sentence is finished if the other conditions are met. Some marijuana felonies are on the eligible lists, including possession or sale of 1/2 ounce to 10 pounds (Class E) and third-offense simple possession (Class E), as well as some Schedule VI offenses graded as Class C or D felonies (Tenn. Code Ann. § 40-32-107(a)(1)). Possession of synthetic cannabinoids is on the misdemeanor exclusion list. A 2026 bill to raise the misdemeanor possession amount (HB 2062) stalled in a House subcommittee.","sources":[{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-107/","title":"Tenn. Code Ann. § 40-32-107 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://publications.tnsosfiles.com/acts/114/pub/pc0268.pdf","title":"Public Chapter No. 268 (2025), Senate Bill 1055","publisher":"Tennessee Secretary of State","accessed":"2026-10-22"},{"url":"https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB2062&GA=114","title":"Bill information, HB 2062 (marijuana possession amounts)","publisher":"Tennessee General Assembly","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Charges that were dismissed, dropped (nolle prosequi) or not indicted, arrests without a charge, and not-guilty verdicts on all charges can be expunged for free by asking the court where the case started; you do not need to appear (Tenn. Code Ann. § 40-32-106(a); Tennessee AOC). After a not-guilty verdict, the judge must ask at the verdict whether you want the records destroyed. You can't expunge a dismissed charge if you were convicted of another count in the same indictment or of a related offense from the same episode (a traffic conviction doesn't count), but you can ask to have the dismissed charges removed from public electronic databases (§ 40-32-106(b)(4), (c)(2)). Charges dismissed after pretrial or judicial diversion can be expunged for a clerk's fee of up to $100, except for sexual offenses (§ 40-32-106(d); § 8-21-401). A charge dismissed with costs needs the costs resolved first, and a \"retired\" charge must first be changed to dismissed (Tennessee AOC). If the court has no record of an arrest at all, a separate petition can clear the arrest record (§ 40-32-109).","sources":[{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-106/","title":"Tenn. Code Ann. § 40-32-106 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-109/","title":"Tenn. Code Ann. § 40-32-109 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://tncourts.gov/programs/self-help-center/expungements","title":"Expungements (Self Help Center)","publisher":"Tennessee Administrative Office of the Courts","accessed":"2026-10-22"},{"url":"https://publications.tnsosfiles.com/acts/114/pub/pc0268.pdf","title":"Public Chapter No. 268 (2025), Senate Bill 1055","publisher":"Tennessee Secretary of State","accessed":"2026-10-22"}]},"dui":{"eligible":"no","detail":"A DUI conviction (Tenn. Code Ann. § 55-10-401) can't be expunged: DUI is on the misdemeanor exclusion list (§ 40-32-107(a)(1)(D)), and DUI charges are not eligible for pretrial or judicial diversion, so there is no diversion expunction either (§§ 40-15-105(a)(1)(B), 40-35-313(a)(1)(B)). A DUI conviction also blocks the regular expunction of any offense committed after it, because the offense to be cleared must come before any ineligible conviction (§ 40-32-107(a)(3)(A)). Since July 1, 2026, the Recovery Court Renewal Act lets a person with only one DUI conviction expunge a later, otherwise-eligible offense that happened at least 10 years after the DUI, if they completed a certified recovery court program and the offense didn't involve a vehicle and alcohol or drugs; the DUI itself stays on the record (§ 40-32-107(e)). A DUI charge that was dismissed or ended in acquittal can be expunged for free, and a conviction for a traffic offense in the same case does not block that (§ 40-32-106(a), (b)(4)). A dismissed implied consent (refusal) violation can be expunged only if it was dismissed without costs and you weren't a commercial license holder in a motor vehicle or any driver in a commercial vehicle (§ 40-32-106(a)(1)(F), (b)(1)-(2)). A 2025 bill to allow expunging a DUI after 20 years (SB 613) was withdrawn.","sources":[{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-107/","title":"Tenn. Code Ann. § 40-32-107 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://publications.tnsosfiles.com/acts/114/pub/pc1061.pdf","title":"Public Chapter No. 1061 (2026), Senate Bill 1232: Recovery Court Renewal Act","publisher":"Tennessee Secretary of State","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-106/","title":"Tenn. Code Ann. § 40-32-106 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-35-313/","title":"Tenn. Code Ann. § 40-35-313 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-15-105/","title":"Tenn. Code Ann. § 40-15-105 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0613&GA=114","title":"Bill information, SB 613 (DUI expunction after 20 years; withdrawn February 4, 2025)","publisher":"Tennessee General Assembly","accessed":"2026-10-22"}]},"employers":{"detail":"After an expunction, you are not guilty of perjury or giving a false statement if you don't mention the arrest, charge, trial or conviction in response to any inquiry made for any purpose, which includes job applications, and the expunged conviction may not cause adverse effects or collateral consequences (Tenn. Code Ann. § 40-32-110(b)-(c)). Disclosing confidential expunged records other than to law enforcement for law enforcement purposes is a crime (§§ 40-32-102(e), 40-32-104). Tennessee's ban-the-box law covers only state government employers: they may not ask about criminal history on the initial application for most jobs and must consider factors such as the job's duties, time passed and rehabilitation (§ 8-50-112). It does not cover private employers, contractors or local governments, and we found no Tennessee law limiting when private employers may ask about records. An employer that hires someone with a certificate of employability and knew about it is immune from negligent-hiring claims over that hire (§ 40-29-107(n)).","sources":[{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-110/","title":"Tenn. Code Ann. § 40-32-110 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-102/","title":"Tenn. Code Ann. § 40-32-102 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-8-public-officers-and-employees/tn-code-sect-8-50-112/","title":"Tenn. Code Ann. § 8-50-112 (state employer criminal history inquiries; republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-29-107/","title":"Tenn. Code Ann. § 40-29-107 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"}]},"free_help":[{"name":"Tennessee Courts Self Help Center: Expungements","url":"https://tncourts.gov/programs/self-help-center/expungements","type":"court_self_help","detail":"Statewide AOC page on free expungement of dismissed and acquitted charges, with step-by-step filing tips and a link to find your court clerk. The page says updates for the 2025 law changes are coming."},{"name":"TBI Expungement FAQ","url":"https://www.tn.gov/content/dam/tn/tbi/documents/Expungement-FAQ-81023.pdf","type":"state_agency","detail":"Explains what happens after an order and how to ask the TBI to expedite one (for job fingerprinting, a gun purchase, adoption or mistaken identity) at Expungement@tbi.tn.gov."},{"name":"Knox County District Attorney: Expungement screening","url":"https://dag.knoxcountytn.gov/community-resources/expungements/","type":"state_agency","detail":"Monthly in-person expungement screenings with a prosecutor and court clerk in Knoxville, plus contacts for conviction expungements and certificates of employability; refers people to the UT College of Law Expungement Hotline (865-974-6775)."},{"name":"HELP4TN","url":"https://www.help4tn.org/","type":"legal_aid","detail":"Statewide free legal help and information site run by the Tennessee Alliance for Legal Services, with links to legal aid and pro bono help."}],"sources":[{"url":"https://publications.tnsosfiles.com/acts/114/pub/pc0268.pdf","title":"Public Chapter No. 268 (2025), Senate Bill 1055: reorganization of the expunction law","publisher":"Tennessee Secretary of State","accessed":"2026-10-22"},{"url":"https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB1055&GA=114","title":"Bill information, SB 1055 / HB 1257 (Public Chapter 268; effective April 24, 2025)","publisher":"Tennessee General Assembly","accessed":"2026-10-22"},{"url":"https://publications.tnsosfiles.com/acts/114/pub/pc0719.pdf","title":"Public Chapter No. 719 (2026), Senate Bill 2197: expungements following a pardon","publisher":"Tennessee Secretary of State","accessed":"2026-10-22"},{"url":"https://publications.tnsosfiles.com/acts/114/pub/pc1061.pdf","title":"Public Chapter No. 1061 (2026), Senate Bill 1232: Recovery Court Renewal Act","publisher":"Tennessee Secretary of State","accessed":"2026-10-22"},{"url":"https://publications.tnsosfiles.com/acts/111/pub/pc0200.pdf","title":"Public Chapter No. 200 (2019), Senate Bill 797: expunction fees","publisher":"Tennessee Secretary of State","accessed":"2026-10-22"},{"url":"https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-32-107/","title":"Tenn. Code Ann. § 40-32-107 (republished statute text)","publisher":"FindLaw, republishing the Tennessee Code","accessed":"2026-10-22"},{"url":"https://tncourts.gov/programs/self-help-center/expungements","title":"Expungements (Self Help Center)","publisher":"Tennessee Administrative Office of the Courts","accessed":"2026-10-22"},{"url":"https://www.tn.gov/content/dam/tn/tbi/documents/Expungement-FAQ-81023.pdf","title":"Frequently Asked Questions - Expungements","publisher":"Tennessee Bureau of Investigation","accessed":"2026-10-22"},{"url":"https://www.ctas.tennessee.edu/eli/expunging-court-records","title":"Expunging Court Records (CTAS-1161)","publisher":"University of Tennessee County Technical Assistance Service","accessed":"2026-10-22"},{"url":"https://www.mtas.tennessee.edu/sites/default/files/private/useful%20links/courts/MCC%202026%20Expungements.pdf","title":"2026 Expungements training for municipal court clerks, April 15, 2026","publisher":"University of Tennessee Municipal Technical Advisory Service (MTAS)","accessed":"2026-10-22"},{"url":"https://dag.knoxcountytn.gov/community-resources/expungements/","title":"Expungements","publisher":"Knox County District Attorney General's Office","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"texas","code":"TX","name":"Texas","terms":["expunction","order of nondisclosure"],"summary":"Texas has two main ways to clear a record. Expunction destroys records, but it is mostly limited to arrests that did not end in a conviction or court-ordered probation, plus acquittals, pardons and a few other cases. An order of nondisclosure seals a record from the public after deferred adjudication, and for some first-time misdemeanor and DWI convictions, though police, licensing agencies and some employers can still see it. Most other convictions cannot be cleared.","remedies":[{"id":"expunction","name":"Expunction","type":"expungement","effect":"Once an expunction order is final, the records and files may not be released, kept, shared or used for any purpose, and the person may generally deny that the arrest happened and that the order exists. If asked under oath in a criminal proceeding about the expunged arrest, the person may say only that the matter has been expunged (Tex. Code Crim. Proc. art. 55A.401). Agencies listed in the order must remove or destroy the records. News media are not covered, and private background-check companies may keep copies, so you may need to contact them yourself (TexasLawHelp). TexasLawHelp notes you may still need to disclose an expunged arrest on immigration or naturalization forms, on federal or military applications that require a security clearance, and on state license applications that require a sworn statement about your record.","covers":"Arrests that did not lead to a final conviction or court-ordered community supervision (except community supervision for a Class C misdemeanor), plus acquittals, pardons and a few other situations.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["You were released, the charge did not end in a final conviction and is no longer pending, and there was no court-ordered community supervision (probation or deferred adjudication) for the offense. Community supervision for a Class C misdemeanor does not count against you (art. 55A.051).","No indictment or information was filed and the waiting period has passed: 180 days for a Class C misdemeanor, 1 year for a Class B or A misdemeanor, 3 years for a felony. Alternatively, the prosecutor certifies the records are not needed for any investigation or prosecution (art. 55A.052).","The charge was dismissed or quashed because you completed a veterans treatment court, mental health court or pretrial intervention program, or because it was filed by mistake, on false information or for a similar reason showing no probable cause, or because it was void (art. 55A.053). The veterans and mental health court routes can be used only once each.","The limitations period for the offense has run out, so you can no longer be prosecuted (art. 55A.054).","You were tried and acquitted by the trial court (art. 55A.002), or acquitted on appeal or the prosecutor recommends expunction (art. 55A.101).","You were convicted and later pardoned, whether or not the pardon was for actual innocence (arts. 55A.003-55A.004).","Other routes cover some convictions for unlawfully carrying a handgun from before September 1, 2021, and some cases of mistaken identity (arts. 55A.005-55A.006; Texas State Law Library)."],"not_eligible":["Arrests that led to a final conviction, except the pardon and handgun routes above.","Cases where you served court-ordered community supervision, including deferred adjudication, for anything other than a Class C misdemeanor (art. 55A.051).","An acquitted charge from the same criminal episode as another offense you were convicted of or can still be prosecuted for (art. 55A.151).","Arrests for contempt of court, child support or other civil matters (TexasLawHelp).","An arrest made on a warrant for violating the conditions of community supervision (probation) cannot be expunged (art. 55A.153).","If you intentionally or knowingly absconded from the jurisdiction after being released on bail, you cannot use the no-charge waiting periods or the expired-limitations route for that arrest (art. 55A.154)."],"waiting_periods":[{"record":"Class C misdemeanor arrest, no charge filed","wait":"180 days from the arrest","detail":"Or sooner if the prosecutor certifies the records are not needed (art. 55A.052)."},{"record":"Class B or Class A misdemeanor arrest, no charge filed","wait":"1 year from the arrest","detail":"Or sooner with the prosecutor's certification (art. 55A.052)."},{"record":"Felony arrest (or misdemeanor arrest with a related felony), no charge filed","wait":"3 years from the arrest","detail":"Or sooner with the prosecutor's certification (art. 55A.052)."},{"record":"Charge dismissed after a veterans court, mental health court or pretrial intervention program, or for mistake, false information or a void charge","wait":"No fixed wait","detail":"Available regardless of whether the limitations period has run (art. 55A.053)."},{"record":"Charge dismissed for another reason","wait":"Until the limitations period expires, unless another route above applies","detail":"TexasLawHelp warns that a partial expunction after a shorter wait may let prosecutors and police keep records until limitations runs (art. 55A.054; TexasLawHelp)."},{"record":"Acquittal at trial","wait":"None","detail":"The trial court must enter the order within 30 days after the acquittal if you ask (after notice to the state) or the prosecutor asks with your consent (art. 55A.201)."}],"automatic":"no","automatic_detail":"Nothing is cleared without a request. After an acquittal, the trial court must tell you about your right to expunction and must enter the order within 30 days if it is requested (art. 55A.201).","how_to_file":["Check eligibility with the Fresh Start tool on TexasLawHelp.org and the rules above.","Gather arrest dates, the DPS incident/TRN number from your DPS criminal history, case numbers, offense dates, court names and every agency that handled the case.","Fill out the petition for your situation (charges not filed, or charges dismissed or quashed) and list every agency that may have records as a respondent.","If you cannot afford the fees, file a Statement of Inability to Afford Payment of Court Costs at the same time as the petition.","File with the district clerk (e-file, in person or by mail if allowed) and pay the fee unless you filed the fee waiver.","Schedule the hearing, file a notice of hearing and prepare the proposed order. The hearing must be at least 30 days after filing.","Go to the hearing ready to explain why you qualify. Agencies may appear and object.","File the signed order with the clerk and get certified copies. About six months later, check your DPS record to confirm removal (TexasLawHelp)."],"where":"The district court in the county where you were arrested or where the offense allegedly happened (TexasLawHelp). Acquittal orders come from the trial court. Some petitions can be filed in a justice court or municipal court of record (art. 55A.252; art. 102.0061).","forms":[{"name":"Petition for Expunction of Criminal Records: Charges Not Filed (CV-EXPU-100)","url":"https://texaslawhelp.org/form/petition-for-expunction-of-criminal-records-charges-not-filed"},{"name":"Order Granting Expunction: Charges Not Filed (CRT-ACR-201)","url":"https://texaslawhelp.org/form/order-granting-expunction-of-criminal-records-charges-not-filed"},{"name":"Petition for Expunction of Criminal Records: Charges Dismissed or Quashed (CRT-ACR-101)","url":"https://texaslawhelp.org/form/petition-for-expunction-of-criminal-records-charges-dismissed-or-quashed"},{"name":"Order Granting Expunction: Charges Dismissed or Quashed (CRT-ACR-202)","url":"https://texaslawhelp.org/form/order-granting-expunction-of-criminal-records-charges-dismissed-or-quashed"},{"name":"Notice of Expunction Hearing (CRT-Expu-110)","url":"https://texaslawhelp.org/form/notice-of-expunction-hearing"},{"name":"Statement of Inability to Afford Payment of Court Costs (CB-CFFW-100)","url":"https://texaslawhelp.org/form/fee-waiver-bilingual-statement-of-inability-to-afford-payment-of-court-costs-or-an-appeal-bond"}],"cost":{"filing_fee_usd":null,"detail":"In district court, you pay the fee the court charges to file an ex parte civil petition, plus other fees required by law. Amounts vary by county, so call the district clerk (art. 102.0061, in effect January 1, 2026; TexasLawHelp). In a justice court or municipal court of record, the fee is $100 (art. 102.0061). Since January 1, 2026, a $25 fee can apply for each agency that cannot receive the petition or hearing notice electronically, and another $25 for sending it the order (SB 1667, 2025, per the Office of Court Administration notice in the Texas Register). The fee is waived for an acquittal if you file within 30 days of it, and the district court fee is waived if you completed a veterans treatment court or mental health court program (art. 102.0061). Certified copies of the order may cost extra.","fee_waiver":"yes","fee_waiver_detail":"If you have a low income, file a Statement of Inability to Afford Payment of Court Costs (form CB-CFFW-100) with your petition (TexasLawHelp)."},"hearing":"sometimes","timeline":"The hearing is at least 30 days after filing. TexasLawHelp suggests checking your DPS criminal history about six months after the order, and some records can take up to a year to be destroyed.","statute":{"cite":"Tex. Code Crim. Proc. ch. 55A (arts. 55A.001-55A.451)","url":"https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55A.htm"},"sources":[{"url":"https://texaslawhelp.org/toolkit/i-need-clear-arrest-from-my-record-expunction","title":"I need to clear an arrest from my record (expunction)","publisher":"TexasLawHelp.org","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.051","title":"Tex. Code Crim. Proc. art. 55A.051 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.052","title":"Tex. Code Crim. Proc. art. 55A.052 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.053","title":"Tex. Code Crim. Proc. art. 55A.053 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.201","title":"Tex. Code Crim. Proc. art. 55A.201 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.401","title":"Tex. Code Crim. Proc. art. 55A.401 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.004","title":"Tex. Code Crim. Proc. art. 55A.004, Pardon for Reason Other than Actual Innocence (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.101","title":"Tex. Code Crim. Proc. art. 55A.101, Appellate Court Acquittal or Recommendation of Attorney Representing State (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.152","title":"Tex. Code Crim. Proc. art. 55A.152, Driver's License Suspension or Revocation (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.153","title":"Tex. Code Crim. Proc. art. 55A.153, Arrest for Violation of Community Supervision (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.154","title":"Tex. Code Crim. Proc. art. 55A.154, Certain Persons Absconding After Arrest (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-102-0061/","title":"Tex. Code Crim. Proc. art. 102.0061 (republished statute text, current as of January 1, 2026)","publisher":"FindLaw, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://www.sos.state.tx.us/texreg/pdf/backview/0109/0109ia.pdf","title":"Texas Register, In Addition: Office of Court Administration notice on expunction fees (SB 1667 and HB 16)","publisher":"Texas Secretary of State","accessed":"2026-10-21"},{"url":"https://www.txcourts.gov/media/1461455/89th-legislative-update.pdf","title":"Texas Judiciary Legislative Update, 89th Legislature","publisher":"Texas Judicial Council","accessed":"2026-10-21"},{"url":"https://capitol.texas.gov/tlodocs/88R/analysis/html/HB04504E.htm","title":"Bill analysis, HB 4504 (88R): nonsubstantive revision of the Code of Criminal Procedure, effective January 1, 2025","publisher":"Texas Legislature Online","accessed":"2026-10-21"},{"url":"https://sll.texas.gov/faqs/expunctions-nondisclosure-orders","title":"Legal FAQs: Expunctions and Nondisclosure Orders","publisher":"Texas State Law Library","accessed":"2026-10-21"}]},{"id":"nondisclosure","name":"Order of nondisclosure","type":"nondisclosure","effect":"Criminal justice agencies may not disclose the offense to the public. You are not required to state on an application for employment, information or licensing that you were the subject of the sealed proceeding (Tex. Gov't Code § 411.0755). Law enforcement, courts and a long list of other entities can still get the record, including state licensing boards, school districts, charter and private schools, public and nonprofit hospitals and the Department of Family and Protective Services (§ 411.0765). Each order covers one offense, and news media are not affected (TexasLawHelp).","covers":"Deferred adjudication that ended in discharge and dismissal, and some first-time misdemeanor and DWI convictions.","outcomes":["diversion","misdemeanor"],"narrow":null,"eligible":["Deferred adjudication for a misdemeanor, with no prior conviction or deferred adjudication other than a fine-only traffic ticket, where the offense is not DWI/BWI or in Penal Code chapters 20, 21, 22, 25, 42, 43, 46 or 71 (§ 411.072).","Deferred adjudication for any other offense not excluded by § 411.074, including felonies, after discharge and dismissal (§ 411.0725). Prior convictions do not bar this route unless § 411.074 does.","Deferred adjudication for DWI or BWI, if you have no other conviction or deferred adjudication other than a fine-only traffic ticket (§ 411.0726).","A misdemeanor conviction where you completed community supervision without revocation and have no other conviction or deferred adjudication (other than a fine-only traffic ticket), excluding intoxication offenses and organized crime (§ 411.073).","A misdemeanor conviction with no community supervision, after you complete the sentence, if you have no other conviction or deferred adjudication (other than a fine-only traffic ticket), excluding intoxication offenses and organized crime (§ 411.0735).","A first DWI conviction, with or without community supervision (§§ 411.0731, 411.0736). See the DUI section.","Other routes cover veterans treatment court graduates (§ 411.0727), victims of human trafficking or compelling prostitution (§ 411.0728) and the veterans reemployment program (§ 411.0729)."],"not_eligible":["Anyone ever convicted of or placed on deferred adjudication for an offense requiring sex offender registration, aggravated kidnapping, murder, capital murder, trafficking of persons, injury to a child, elderly or disabled person, abandoning or endangering a child, violating certain protective orders or bond conditions, stalking, or any other family-violence offense (§ 411.074(b)).","Any offense where the court made an affirmative finding of family violence (§ 411.074(b)(2)).","Anyone convicted of or placed on deferred adjudication for a new offense (other than a fine-only traffic ticket) during the waiting period (§ 411.074(a)).","Misdemeanor convictions under § 411.0735 if the court finds the offense was violent or sexual in nature (assault under Penal Code § 22.01 is not counted for this bar).","DWI routes are closed if the offense caused a collision involving another person, including a passenger (§§ 411.0726, 411.0731, 411.0736)."],"waiting_periods":[{"record":"Deferred adjudication, first-time nonviolent misdemeanor (§ 411.072)","wait":"At discharge and dismissal, or 180 days after deferred adjudication began if that is later","detail":null},{"record":"Deferred adjudication, misdemeanor (§ 411.0725)","wait":"None after discharge and dismissal","detail":null},{"record":"Deferred adjudication, misdemeanor under Penal Code chapters 20, 21, 22, 25, 42, 43 or 46","wait":"2 years after discharge and dismissal","detail":"§ 411.0725(e)"},{"record":"Deferred adjudication, felony","wait":"5 years after discharge and dismissal","detail":"§ 411.0725(e)"},{"record":"Misdemeanor conviction with community supervision (§ 411.073)","wait":"When community supervision ends","detail":"2 years after it ends for offenses in Penal Code chapters 20, 21, 22, 25, 42, 43 or 46."},{"record":"Misdemeanor conviction, no community supervision, fine only (§ 411.0735)","wait":"When the sentence is complete","detail":null},{"record":"Misdemeanor conviction, no community supervision, other misdemeanors (§ 411.0735)","wait":"2 years after the sentence is complete","detail":null},{"record":"DWI or BWI deferred adjudication (§ 411.0726)","wait":"2 years after discharge and dismissal","detail":null},{"record":"DWI conviction with community supervision (§ 411.0731)","wait":"2 years after supervision ends if you used an ignition interlock for at least 6 months; otherwise 5 years","detail":null},{"record":"DWI conviction without community supervision (§ 411.0736)","wait":"3 years after the sentence ends if you used an ignition interlock for at least 6 months; otherwise 5 years","detail":null}],"automatic":"no","automatic_detail":"For first-time nonviolent misdemeanor deferred adjudication, the court must issue the order once you show you qualify and pay a $28 fee (§ 411.072). TexasLawHelp says you still file a letter and proposed order, and some courts do not issue the order at dismissal, so you may need to go back to court.","how_to_file":["Find the right section with the Nondisclosure Order Prep Guide or the Fresh Start tool on TexasLawHelp.org.","Wait until the waiting period for your section has passed.","Fill out the petition (or, for § 411.072, the letter) and the proposed order. List every agency that may have your record. For DWI and conviction-based sections, attach certified copies of the judgment, dismissal and discharge order and your DPS criminal history.","File with the clerk of the court that handled your case, and pay the fee or file a Statement of Inability to Afford Payment of Court Costs.","Serve the prosecutor and file a certificate of service (not needed for § 411.072).","Go to the hearing if one is set, ready to explain why sealing is in the best interest of justice.","After the order is signed, follow up with DPS and ask private background-check companies to remove the record (TexasLawHelp)."],"where":"The court that placed you on deferred adjudication or imposed the sentence (Tex. Gov't Code ch. 411, subch. E-1; TexasLawHelp).","forms":[{"name":"Nondisclosure Order Prep Guide","url":"https://texaslawhelp.org/guide/nondisclosure-order-prep-guide"},{"name":"Section 411.072 letter requesting nondisclosure","url":"https://texaslawhelp.org/form/section-411072-letter-request-for-nondisclosure"},{"name":"Section 411.0725 petition for nondisclosure","url":"https://texaslawhelp.org/form/section-4110725-petition-for-nondisclosure"},{"name":"Section 411.0726 petition for nondisclosure (DWI/BWI deferred adjudication)","url":"https://texaslawhelp.org/form/section-4110726-petition-for-nondisclosure-driving-or-boating"},{"name":"Section 411.073 petition for nondisclosure","url":"https://texaslawhelp.org/form/section-411073-petition-for-nondisclosure"},{"name":"Section 411.0731 petition for nondisclosure (DWI with community supervision)","url":"https://texaslawhelp.org/form/section-4110731-petition-for-nondisclosure"},{"name":"Section 411.0735 petition for nondisclosure","url":"https://texaslawhelp.org/form/section-4110735-petition-for-nondisclosure"},{"name":"Section 411.0736 petition for nondisclosure (DWI without community supervision)","url":"https://texaslawhelp.org/form/section-4110736-petition-for-nondisclosure"},{"name":"Certificate of Service (nondisclosure petition)","url":"https://texaslawhelp.org/form/certificate-of-service-nondisclosure-petition"},{"name":"Statement of Inability to Afford Payment of Court Costs (CB-CFFW-100)","url":"https://texaslawhelp.org/form/fee-waiver-bilingual-statement-of-inability-to-afford-payment-of-court-costs-or-an-appeal-bond"}],"cost":{"filing_fee_usd":null,"detail":"Under § 411.072 you pay a $28 fee to the clerk. Petitions under the other sections must include the fee that generally applies to filing a civil case (§ 411.0745), which varies by county. Certified copies of documents usually cost extra (TexasLawHelp).","fee_waiver":"yes","fee_waiver_detail":"File a Statement of Inability to Afford Payment of Court Costs (form CB-CFFW-100) with your petition or letter (TexasLawHelp)."},"hearing":"sometimes","timeline":"After the judge signs, the clerk sends the order to DPS and the listed agencies within 15 business days, and DPS seals the record within 10 business days (TexasLawHelp).","statute":{"cite":"Tex. Gov't Code ch. 411, subch. E-1 (§§ 411.071 and following)","url":"https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm#E-1"},"sources":[{"url":"https://texaslawhelp.org/guide/how-to-ask-for-a-nondisclosure-order-seal-your-criminal-record","title":"How to Ask for a Nondisclosure Order (Seal Your Criminal Record)","publisher":"TexasLawHelp.org","accessed":"2026-10-21"},{"url":"https://texaslawhelp.org/article/nondisclosure-orders-and-sealing-your-criminal-record-in-texas","title":"Nondisclosure Orders and Sealing Your Criminal Record in Texas","publisher":"TexasLawHelp.org","accessed":"2026-10-22"},{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.072","title":"Tex. Gov't Code § 411.072 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.0725","title":"Tex. Gov't Code § 411.0725 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.073","title":"Tex. Gov't Code § 411.073 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.0735","title":"Tex. Gov't Code § 411.0735 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.074","title":"Tex. Gov't Code § 411.074 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.0745","title":"Tex. Gov't Code § 411.0745 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.0755","title":"Tex. Gov't Code § 411.0755 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.0765","title":"Tex. Gov't Code § 411.0765 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"}]}],"clean_slate":{"status":"none","effective":null,"detail":"Texas has no Clean Slate law and does not clear or seal records automatically. Two procedures come close but still need a request: after an acquittal, the trial court must enter an expunction order within 30 days if asked (Tex. Code Crim. Proc. art. 55A.201), and for first-time nonviolent misdemeanor deferred adjudication the court must issue a nondisclosure order once you show you qualify and pay $28 (Tex. Gov't Code § 411.072).","sources":[{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.201","title":"Tex. Code Crim. Proc. art. 55A.201 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texaslawhelp.org/guide/how-to-ask-for-a-nondisclosure-order-seal-your-criminal-record","title":"How to Ask for a Nondisclosure Order (Seal Your Criminal Record)","publisher":"TexasLawHelp.org","accessed":"2026-10-21"}]},"marijuana":{"detail":null,"sources":[]},"non_conviction":{"detail":"Arrests that did not lead to a conviction are cleared by expunction. You qualify if no charge was filed and 180 days (Class C), 1 year (Class B or A) or 3 years (felony) have passed, if the charge was dismissed after a veterans court, mental health court or pretrial intervention program or for mistake or a void charge, if the limitations period has run, or if you were acquitted (Tex. Code Crim. Proc. arts. 55A.002, 55A.051-55A.054). Deferred adjudication is not a non-conviction for this purpose: except for Class C misdemeanors, it blocks expunction, and the route is an order of nondisclosure instead.","sources":[{"url":"https://texaslawhelp.org/toolkit/i-need-clear-arrest-from-my-record-expunction","title":"I need to clear an arrest from my record (expunction)","publisher":"TexasLawHelp.org","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.052","title":"Tex. Code Crim. Proc. art. 55A.052 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"}]},"dui":{"eligible":"some","detail":"A DWI conviction or DWI deferred adjudication cannot be expunged, because expunction does not cover convictions or court-ordered community supervision (Tex. Code Crim. Proc. art. 55A.051). A DWI arrest that was dropped or dismissed without supervision may be expunged under the normal rules, but records of a driver's license suspension or revocation (for example, an administrative license suspension) are not expunged under Chapter 55A except as Transportation Code §§ 524.015 and 724.048 allow (art. 55A.152). A DWI can be sealed with an order of nondisclosure in three situations. Each one requires no other conviction or deferred adjudication (other than a fine-only traffic ticket), no collision involving another person (including a passenger), and a judge's finding that sealing is in the best interest of justice: (1) deferred adjudication for DWI or BWI, 2 years after discharge and dismissal (Tex. Gov't Code § 411.0726); (2) a DWI conviction with community supervision, 2 years after supervision ends if you used an ignition interlock for at least 6 months, otherwise 5 years (§ 411.0731); (3) a DWI conviction without community supervision, 3 years after the sentence ends with at least 6 months of interlock, otherwise 5 years (§ 411.0736). The two conviction routes exclude DWIs punished under Penal Code § 49.04(d), which applies when a test showed an alcohol concentration of 0.15 or more. DWI is excluded from the general misdemeanor nondisclosure sections (§§ 411.072, 411.0725, 411.073, 411.0735).","sources":[{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.0726","title":"Tex. Gov't Code § 411.0726 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.0731","title":"Tex. Gov't Code § 411.0731 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.0736","title":"Tex. Gov't Code § 411.0736 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._penal_code_section_49.04","title":"Tex. Penal Code § 49.04 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.152","title":"Tex. Code Crim. Proc. art. 55A.152, Driver's License Suspension or Revocation (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texaslawhelp.org/guide/how-to-ask-for-a-nondisclosure-order-seal-your-criminal-record","title":"How to Ask for a Nondisclosure Order (Seal Your Criminal Record)","publisher":"TexasLawHelp.org","accessed":"2026-10-21"}]},"employers":{"detail":"After an expunction you may generally deny the arrest (Tex. Code Crim. Proc. art. 55A.401). After a nondisclosure order you are not required to state the sealed offense on an application for employment, information or licensing (Tex. Gov't Code § 411.0755), but many licensing agencies, schools, hospitals and other listed entities can still get the record (§ 411.0765). Texas limits negligent-hiring lawsuits against employers that are based only on an employee's criminal conviction, with exceptions for offenses tied to the job, serious violent offenses and sexually violent offenses (Tex. Civ. Prac. & Rem. Code § 142.002). We did not find a Texas statute limiting when private employers may ask about criminal records.","sources":[{"url":"https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.401","title":"Tex. Code Crim. Proc. art. 55A.401 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.0755","title":"Tex. Gov't Code § 411.0755 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._gov't_code_section_411.0765","title":"Tex. Gov't Code § 411.0765 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"},{"url":"https://texas.public.law/statutes/tex._civ._practice_and_remedies_code_section_142.002","title":"Tex. Civ. Prac. & Rem. Code § 142.002 (republished statute text)","publisher":"Texas.Public.Law, republishing the Texas Legislature's text","accessed":"2026-10-21"}]},"free_help":[{"name":"TexasLawHelp.org: clearing and sealing records","url":"https://texaslawhelp.org/toolkit/i-need-clear-arrest-from-my-record-expunction","type":"legal_aid","detail":"Statewide legal-aid site with expunction and nondisclosure guides, free forms, a fee-waiver form, a legal help directory and online chat."},{"name":"Fresh Start eligibility tool","url":"https://georgetown.neotalogic.com/a/TexasFreshStartV2","type":"legal_aid","detail":"Free, anonymous interactive tool (Texas Fresh Start), developed by Georgetown University Law Center students and linked from TexasLawHelp.org's expunction guide, that helps you see whether expunction or nondisclosure may fit your case. It shows no last-updated date and its page title carries a May 6, 2020 label, so confirm what it tells you with the court or a legal aid office."},{"name":"Texas State Law Library: Expunctions and Nondisclosure guide","url":"https://guides.sll.texas.gov/expunctions-and-non-disclosure","type":"state_agency","detail":"State law library research guide with links to sample forms and legal aid organizations."}],"sources":[{"url":"https://texaslawhelp.org/toolkit/i-need-clear-arrest-from-my-record-expunction","title":"I need to clear an arrest from my record (expunction)","publisher":"TexasLawHelp.org","accessed":"2026-10-21"},{"url":"https://texaslawhelp.org/guide/how-to-ask-for-a-nondisclosure-order-seal-your-criminal-record","title":"How to Ask for a Nondisclosure Order (Seal Your Criminal Record)","publisher":"TexasLawHelp.org","accessed":"2026-10-21"},{"url":"https://sll.texas.gov/faqs/expunctions-nondisclosure-orders","title":"Legal FAQs: Expunctions and Nondisclosure Orders","publisher":"Texas State Law Library","accessed":"2026-10-21"},{"url":"https://www.txcourts.gov/media/1461455/89th-legislative-update.pdf","title":"Texas Judiciary Legislative Update, 89th Legislature","publisher":"Texas Judicial Council","accessed":"2026-10-21"},{"url":"https://www.sos.state.tx.us/texreg/pdf/backview/0109/0109ia.pdf","title":"Texas Register, In Addition: Office of Court Administration notice on expunction fees","publisher":"Texas Secretary of State","accessed":"2026-10-21"},{"url":"https://capitol.texas.gov/tlodocs/88R/analysis/html/HB04504E.htm","title":"Bill analysis, HB 4504 (88R)","publisher":"Texas Legislature Online","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"utah","code":"UT","name":"Utah","terms":["expungement","automatic expungement","clean slate","certificate of eligibility","402 reduction","pardon"],"summary":"Utah clears records through expungement, which seals records or restricts access to them rather than destroying them. Since January 1, 2026, courts again automatically expunge acquittals, dismissals with prejudice, and older class B and C misdemeanor, infraction and class A drug possession cases. Most other records need a certificate of eligibility from the Bureau of Criminal Identification and a court petition, with waits from 30 days for dismissals to 3-7 years for most convictions and 10 years for DUI. Capital, first-degree, violent and registrable sex offenses can't be expunged, though a 402 reduction or a pardon may open a path.","remedies":[{"id":"automatic-expungement","name":"Automatic expungement (Clean Slate)","type":"expungement","effect":"The court and the Bureau of Criminal Identification (BCI) expunge their records of the case. In Utah, expunging means sealing records or restricting access to them, not destroying them (Utah Code § 77-40a-101(16)). You may respond to any inquiry as though the arrest or conviction did not occur, unless a law or court order says otherwise (§ 77-40a-401(5)). Agencies other than the court and BCI, such as police departments and prosecutors, are not required to expunge records of an automatically expunged case (§ 77-40a-207(4)); a petition can reach those records (§ 77-40a-201(1)).","covers":"Acquittals, dismissals with prejudice, and older class B and C misdemeanor, infraction and class A drug possession cases.","outcomes":["no_conviction","diversion","misdemeanor"],"narrow":null,"eligible":["Acquittal on all charges, after 60 days (§ 77-40a-206(2)(a)).","Case dismissed with prejudice, 180 days after the dismissal or after a final order on appeal (§ 77-40a-206(2)(b)).","A case where every conviction is a class B or C misdemeanor, an infraction, or a misdemeanor drug possession offense under § 76-18-207: 5 years for class C misdemeanors and infractions, 6 years for class B misdemeanors, and 7 years for class A drug possession, counted from adjudication (§ 77-40a-205(2)(a)).","A case dismissed after a plea in abeyance, or dismissed without prejudice, where every charge is one of those offense types, after the same 5-, 6- or 7-year waits counted from the dismissal (§ 77-40a-205(2)(b)).","Traffic-only cases are deleted by the courts after an acquittal, a dismissal with prejudice, or 5 years (class C misdemeanor or infraction) or 6 years (class B misdemeanor) after adjudication. DUI is not a traffic offense for this purpose (§§ 77-40a-202, 77-40a-101(24))."],"not_eligible":["Cases with a conviction or plea in abeyance for a felony or class A misdemeanor (other than drug possession), an offense against the person under Title 76, Chapter 5 (such as assault), a weapons offense, sexual battery, lewdness, DUI or reckless driving, damage to a communication device, a domestic violence offense, or any offense that can't be expunged by petition (§ 77-40a-205(3)(f)).","Your total Utah convictions exceed the petition limits in § 77-40a-303(4) or (5), not counting infractions, traffic offenses or minor regulatory offenses, and without the extra allowance the petition route gives after 10 years (§ 77-40a-205(3)(a)).","A misdemeanor or felony case (other than traffic) is pending against you, or you are in state prison or on probation or parole supervised by Adult Probation and Parole (§ 77-40a-205(3)(b)-(c)).","Court-ordered money in the case hasn't been paid, or it was sent to the Office of State Debt Collection (§ 77-40a-205(3)(e)).","The prosecutor objects within 35 days because the case isn't eligible, restitution is unpaid, or it has a fact-based belief that you are still engaged in criminal activity (§ 77-40a-205(5)-(6)).","Acquittals by reason of insanity (§§ 77-40a-205(3)(d), 77-40a-206(3)(a))."],"waiting_periods":[{"record":"Acquittal on all charges","wait":"60 days after the acquittal","detail":null},{"record":"Dismissal with prejudice (not after a plea in abeyance)","wait":"180 days after the dismissal","detail":"Or after a final order if the case was appealed (§ 77-40a-206(2)(b))."},{"record":"Class C misdemeanor or infraction conviction, or plea in abeyance or without-prejudice dismissal of those charges","wait":"5 years from adjudication or dismissal","detail":null},{"record":"Class B misdemeanor conviction, or plea in abeyance or without-prejudice dismissal","wait":"6 years from adjudication or dismissal","detail":null},{"record":"Class A misdemeanor drug possession conviction, or plea in abeyance or without-prejudice dismissal","wait":"7 years from adjudication or dismissal","detail":null}],"automatic":"yes","automatic_detail":"Since January 1, 2026, courts find and expunge eligible cases on their own, with no form. From October 1, 2024 through December 31, 2025, people had to submit a form to get an automatic expungement (§ 77-40a-204; Utah Courts). The courts run the process monthly and notify the prosecutor, who has 35 days to object (§ 77-40a-205(4)-(7)). The court then notifies BCI, which expunges its records and sends the order to the FBI (§ 77-40a-207).","how_to_file":["Nothing to file. You can check your cases for free in My Court Case; an expunged case shows as 'Case Expunged' (Utah Courts).","To see what BCI shows as automatically or petition expunged, you can send BCI an Expungement Verification Application with ID and the fee. BCI's pages say $15; the Legislature's approved fee schedule for July 2026 to June 2027 lists $25 for an 'Auto-Expungement History List' (BCI; H.B. 8, 2026).","If a case qualifies but wasn't expunged, or you want other agencies' records cleared too, you can file a petition for expungement (§ 77-40a-201(1))."],"where":"Automatic through the district and justice courts and BCI.","forms":[{"name":"BCI Expungement Verification Application (on BCI's expungement forms page)","url":"https://bci.utah.gov/expungements/expungement-forms/"}],"cost":{"filing_fee_usd":0,"detail":"No fee for automatic expungement. For an optional letter listing what has been expunged from your Utah criminal history, BCI's pages say $15, but the Legislature's fee schedule for July 2026 to June 2027 lists $25 for an 'Auto-Expungement History List' (BCI; H.B. 8, 2026), so check the current amount with BCI.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"The courts say the process can take up to 120 days once a case qualifies. The statute's goals are 60 days after an acquittal, 180 days after a dismissal with prejudice, 30 days after the court finds a clean slate case eligible, and within a year of identification for cases decided before May 1, 2020 (§ 77-40a-204(4); Utah Courts).","statute":{"cite":"Utah Code §§ 77-40a-201 to 77-40a-207","url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html"},"sources":[{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html","title":"Utah Code Title 77, Chapter 40a, Expungement of Criminal Records (current versions, including 2026 General Session amendments)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a-S205.html","title":"Utah Code § 77-40a-205, Automatic expungement of state records for a clean slate case (effective May 6, 2026)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/case-categories/criminal-justice/expunge.html","title":"Expunging Adult Criminal Records","publisher":"Utah State Courts","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/clean-slate-expungement/","title":"Auto Expungement/Clean Slate Expungement","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/","title":"Expungements","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://le.utah.gov/~2024/bills/static/HB0352.html","title":"H.B. 352 (2024) Amendments to Expungement","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/Session/2026/bills/enrolled/HB0008.pdf","title":"H.B. 8 (2026) State Agency Fees and Internal Service Fund Authorization and Appropriations, Section 3 fee schedule for FY 2027 (Bureau of Criminal Identification fees, lines 6444-6504)","publisher":"Utah State Legislature","accessed":"2026-10-22"}]},{"id":"petition-expungement-non-conviction","name":"Petition to expunge an arrest, dismissal or acquittal","type":"expungement","effect":"Once the judge signs the order, the court, BCI and the other agencies that receive it seal or restrict access to the records, and you may respond to inquiries as though the arrest did not occur (Utah Code §§ 77-40a-101(16), 77-40a-401(5)). BCI notifies affected agencies and the FBI, and you may deliver copies yourself (§ 77-40a-307). A few agencies can still get expunged records on request, such as the Board of Pardons and Parole, Peace Officer Standards and Training, the State Board of Education, and federal authorities when federal law requires (§ 77-40a-403(2)).","covers":"Arrests where no charges were filed, dismissed cases (including dismissals after a plea in abeyance or diversion), acquittals, and cases where the statute of limitations ran out.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["At least 30 days have passed since the arrest or charge (§ 77-40a-302(1)(a)(i)).","And one of these: police and the prosecutor screened the case and decided not to file charges; all charges were dismissed with prejudice; a charge was dismissed without prejudice and the prosecutor consents in writing or 180 days have passed; you were acquitted of all charges; or the statute of limitations ran out on all charges (§ 77-40a-302(1)(b)).","If the case also has a traffic conviction, 3 years must pass after a class C misdemeanor or infraction traffic conviction, or 4 years after a class B traffic conviction (§ 77-40a-302(1)(a)(ii)-(iii)).","For a dismissal without prejudice, the court must find the prosecutor gave written consent and doesn't intend to refile. If the court denies the petition because the prosecutor plans to refile, you can reapply if charges aren't refiled within 180 days (§ 77-40a-306(1)(c), (2)).","If someone objects to expunging a charge dismissed under a plea in abeyance, and that charge could be used to enhance a later sentence, the court must also find good cause to grant it (§ 77-40a-306(1)(e))."],"not_eligible":["A misdemeanor or felony case, or plea in abeyance, other than a traffic case is pending against you (§ 77-40a-302(2)(a)-(b)).","You are incarcerated or on probation or parole, unless it is only for an infraction, a traffic offense or a minor regulatory offense (§ 77-40a-302(2)(c)).","A criminal protective order or criminal stalking injunction is in effect in the case (§ 77-40a-302(2)(d))."],"waiting_periods":[{"record":"No charges filed, dismissal with prejudice, or acquittal","wait":"30 days after the arrest or charge","detail":null},{"record":"Charge dismissed without prejudice","wait":"180 days after the dismissal","detail":"Sooner if the prosecutor consents in writing (§ 77-40a-302(1)(b)(iii))."},{"record":"Statute of limitations ran out, no charges","wait":"When the limitations period expires on all charges","detail":null}],"automatic":"some","automatic_detail":"Acquittals and dismissals with prejudice are also expunged automatically by the court and BCI (see automatic expungement). A petition is the route for other non-conviction records and for records held by police and prosecutors.","how_to_file":["Apply to BCI for a certificate of eligibility with the adult expungement application, fingerprints, ID and the application fee ($65 according to BCI; see the cost note). You can apply in person, by mail or by email (BCI).","BCI says a response can take 1-2 months; in October 2026 it was processing applications received June 19, 2026. The certificate is valid for 180 days (§ 77-40a-304(2)(b); BCI).","File the Petition to Expunge Records with Certificate of Eligibility and the matching order form, with the civil cover sheet, in the court that handled the case. If no case was filed, file in the district court for the county of the arrest or citation. Pay the filing fee or ask for a fee waiver (§ 77-40a-305(1); Utah Courts).","The court sends the petition to the prosecutor, who has 35 days to respond; any victim has 60 days. You can ask the prosecutor to sign a Consent and Waiver of Hearing to speed things up (§ 77-40a-305(7); Utah Courts).","If anyone objects, the court sets a hearing; if no objection arrives within 60 days, the court may grant the petition without a hearing (§ 77-40a-305(10)-(11)).","Ask for certified copies within 28 days after the order. BCI sends the order to affected agencies and the FBI, and you may deliver copies yourself (§§ 77-40a-306(6), 77-40a-307)."],"where":"The court where the criminal case was filed; if charges were never filed, the district court in the county where the arrest happened or the citation was issued (§ 77-40a-305(1)(d)).","forms":[{"name":"BCI Application for Expungement of Adult Criminal History (on BCI's expungement forms page)","url":"https://bci.utah.gov/expungements/expungement-forms/"},{"name":"Petition to Expunge Records with Certificate of Eligibility (1000EX)","url":"https://legacy.utcourts.gov/howto/expunge/docs/1000EX_Petition_to_Expunge_With_Certificate_of_Eligibility.pdf"},{"name":"Order on Petition to Expunge Records with Certificate of Eligibility (1020EX)","url":"https://legacy.utcourts.gov/howto/expunge/docs/1020EX_Order_Certificate_of_Eligibility.pdf"}],"cost":{"filing_fee_usd":150,"detail":"Court filing fee: $150 in district court or $135 in justice court (Utah Courts fee schedule, effective May 6, 2026). BCI and Salt Lake County's tool kit say BCI's application fee is $65, but the fee schedule the Legislature approved for July 2026 to June 2027 lists $100 for an expungement application (H.B. 8, 2026), so check the current amount with BCI before paying. BCI issues the certificate itself free for dismissals, acquittals and declined charges, but charges $65 per case for dismissals after a plea in abeyance or diversion and for special certificates (§ 77-40a-304(3)(a); BCI; H.B. 8, 2026).","fee_waiver":"yes","fee_waiver_detail":"Ask the court to waive the filing fee with the Motion to Waive Fees for Expungement - Criminal. The courts' guide says you may qualify if your household's gross monthly income is at or below $3,227.50 for 3 or fewer people ($3,900 for 4, $4,572.50 for 5, $5,245 for 6, plus $672.50 for each additional person), if you receive SNAP, Medicaid, SSI, FEP or TANF, or if you can't afford fees and basic necessities (Utah Courts). If you tell BCI you expect a court fee waiver, BCI issues the certificate first and charges the issuance fee later only if the court doesn't waive the filing fee (§ 77-40a-304(3)(b), (7)). BCI says any indigency waiver must come from the court. A waiver granted in one expungement case must be honored, on request, for another petition filed within 180 days (§ 77-40a-305(12))."},"hearing":"sometimes","timeline":"BCI's review can take several months, and the court waits 60 days for prosecutor and victim responses unless the prosecutor consents. Salt Lake County's toolkit estimates about 6 months for the whole petition process.","statute":{"cite":"Utah Code §§ 77-40a-302, 77-40a-304 to 77-40a-307","url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html"},"sources":[{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html","title":"Utah Code Title 77, Chapter 40a, Expungement of Criminal Records","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/case-categories/criminal-justice/expunge.html","title":"Expunging Adult Criminal Records","publisher":"Utah State Courts","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/expungements-faq/","title":"Expungements FAQ","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/","title":"Expungements","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/legal-help/procedures/fees.html","title":"Filing/Record Fees (filing fees effective May 6, 2026)","publisher":"Utah State Courts","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/legal-help/procedures/waiver.html","title":"Fees and Fee Waiver","publisher":"Utah State Courts","accessed":"2026-10-22"},{"url":"https://www.saltlakecounty.gov/ohcjr/expungement/tool-kit/","title":"Expungement Tool Kit","publisher":"Salt Lake County Office of Homelessness & Criminal Justice Reform","accessed":"2026-10-22"},{"url":"https://le.utah.gov/Session/2026/bills/enrolled/HB0008.pdf","title":"H.B. 8 (2026) State Agency Fees and Internal Service Fund Authorization and Appropriations, Section 3 fee schedule for FY 2027 (Bureau of Criminal Identification: Expungements, lines 6501-6504)","publisher":"Utah State Legislature","accessed":"2026-10-22"}]},{"id":"petition-expungement-conviction","name":"Petition to expunge a conviction","type":"expungement","effect":"Once the judge signs the order, the records are sealed or access is restricted (not destroyed), and you may respond to inquiries as though the conviction did not occur unless a law or court says otherwise (Utah Code §§ 77-40a-101(16), 77-40a-401(5)). BCI notifies affected agencies and the FBI (§ 77-40a-307). Some agencies can get expunged records on request, prosecutors may share expunged stalking, domestic violence, registrable and weapons convictions with each other, a prosecutor can ask a court to open the records if you are later charged with a felony or an offense that can be enhanced by a prior conviction, and a court can open them for sentencing (§ 77-40a-403(2), (4), (7), (8)).","covers":"Most misdemeanor and felony convictions other than capital, first-degree, violent and registrable offenses, after a waiting period and within limits on the total number of convictions.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["All fines and interest, and all court-ordered restitution, for the conviction are paid in full (§ 77-40a-303(1)(a)-(b)).","The waiting period below has passed, counted from the later of the conviction or your release from incarceration, parole or probation (§ 77-40a-303(1)(c)).","Your criminal history from all states, including past expungements, is within these limits (each conviction from a separate criminal episode, not counting drug possession offenses): fewer than 2 felonies; not 3 or more convictions that include 2 class A misdemeanors; not 4 or more that include 3 class B misdemeanors; and fewer than 5 convictions of any degree (§ 77-40a-303(4); BCI).","Drug possession offenses are counted separately: fewer than 3 felony drug possession convictions and fewer than 5 drug possession convictions in all (§ 77-40a-303(5)).","If 10 years have passed since all your convictions, the felony and class A limits each rise by one, and the class B and any-degree limits stop applying when the highest offense in an episode was a class B or C misdemeanor, drug possession or an infraction (§ 77-40a-303(7)).","Infractions, traffic offenses, minor regulatory offenses and automatically expunged clean slate cases don't count toward the limits (§ 77-40a-303(8)).","Traffic-only cases can be petitioned without a BCI certificate after 3 years (class C misdemeanor or infraction) or 4 years (class B misdemeanor) (§ 77-40a-305(3)).","The court must find by clear and convincing evidence that the requirements are met and that expungement won't harm the public interest (§ 77-40a-306(1))."],"not_eligible":["Capital felonies, first-degree felonies, violent felonies as defined in § 76-3-203.5(1)(c)(i), and felony DUI-type convictions under § 41-6a-501(2) (§ 77-40a-303(2)(a)). The courts' guide also lists felony automobile homicide.","Offenses that required registration as a sex, kidnap or child abuse offender at sentencing or when you apply (§ 77-40a-303(2)(a)(v), as amended effective May 6, 2026). Some qualifying sexual offenses committed at ages 14-17 are excepted unless the person was tried as an adult (§ 77-40a-303(3)).","A misdemeanor or felony case, or plea in abeyance, other than a traffic case is pending against you (§ 77-40a-303(2)(b)-(c)).","You are incarcerated, on parole or on probation, unless it is only for an infraction, a traffic offense or a minor regulatory offense (§ 77-40a-303(2)(d)).","A civil protective order, criminal protective order or criminal stalking injunction against you is in effect (§ 77-40a-303(2)(f)).","You knowingly gave false or misleading information on the BCI application (§ 77-40a-303(2)(e))."],"waiting_periods":[{"record":"Misdemeanor DUI-type conviction listed in § 41-6a-501(2)","wait":"10 years","detail":"Includes DUI, impaired driving, driving with a measurable controlled substance and chemical test refusal (§ 77-40a-303(1)(c)(i))."},{"record":"Felony for driving with a controlled substance and causing serious injury or death (former § 58-37-8(2)(g))","wait":"10 years","detail":null},{"record":"Felony (other than drug possession)","wait":"7 years","detail":null},{"record":"Felony drug possession offense","wait":"5 years","detail":null},{"record":"Class A misdemeanor","wait":"5 years","detail":null},{"record":"Class B misdemeanor","wait":"4 years","detail":null},{"record":"Class C misdemeanor or infraction","wait":"3 years","detail":null}],"automatic":"no","automatic_detail":"Some older class B, class C, infraction and class A drug possession convictions are expunged automatically (see automatic expungement).","how_to_file":["Apply to BCI for a certificate of eligibility with the adult expungement application, fingerprints, ID and the application fee ($65 according to BCI; see the cost note). BCI checks your full criminal history, including other states (BCI).","If you qualify, BCI issues a certificate of eligibility (or a special certificate when a disposition can't be found) for $65 per case. The certificate is valid for 180 days (§ 77-40a-304; BCI).","File the Petition to Expunge Records with Certificate of Eligibility (or with Special Certificate) and the matching order form, with the civil cover sheet, in the court that decided the case. Pay the filing fee or ask for a fee waiver (Utah Courts).","The prosecutor has 35 days to respond and must try to notify any victim, who has 60 days to object. The court may also ask Adult Probation and Parole for a response. You have 14 days to reply to any objection (§ 77-40a-305).","If anyone objects, go to the hearing ready to show by clear and convincing evidence that you meet the requirements and that expungement won't harm the public interest. If there's no objection within 60 days, the court may grant it without a hearing (§§ 77-40a-305(10)-(11), 77-40a-306).","Ask for certified copies of the order within 28 days. BCI notifies affected agencies, and you may deliver copies yourself (§§ 77-40a-306(6), 77-40a-307)."],"where":"The court where the criminal case was filed, or the court that now has jurisdiction if that court no longer exists (§ 77-40a-305(1)(d)).","forms":[{"name":"BCI Application for Expungement of Adult Criminal History (on BCI's expungement forms page)","url":"https://bci.utah.gov/expungements/expungement-forms/"},{"name":"Petition to Expunge Records with Certificate of Eligibility (1000EX)","url":"https://legacy.utcourts.gov/howto/expunge/docs/1000EX_Petition_to_Expunge_With_Certificate_of_Eligibility.pdf"},{"name":"Order on Petition to Expunge Records with Certificate of Eligibility (1020EX)","url":"https://legacy.utcourts.gov/howto/expunge/docs/1020EX_Order_Certificate_of_Eligibility.pdf"},{"name":"Petition to Expunge Records (Traffic Conviction) (1002EX)","url":"https://legacy.utcourts.gov/howto/expunge/docs/1002EX_Petition_to_Expunge_Records_Traffic_Conviction.pdf"}],"cost":{"filing_fee_usd":150,"detail":"Court filing fee: $150 in district court or $135 in justice court (Utah Courts fee schedule, effective May 6, 2026). BCI charges $65 per case for each conviction certificate or special certificate (BCI; H.B. 8, 2026). BCI says its application fee is $65, but the fee schedule the Legislature approved for July 2026 to June 2027 lists $100 for an expungement application (H.B. 8, 2026), so check the current amount with BCI before paying. No BCI fees apply to traffic-only petitions, which don't need a certificate.","fee_waiver":"yes","fee_waiver_detail":"File the Motion to Waive Fees for Expungement - Criminal with the court. The courts' guide gives income limits starting at $3,227.50 a month for a household of 3 or fewer, and says people on SNAP, Medicaid, SSI, FEP or TANF may qualify (Utah Courts). If you tell BCI you expect a court fee waiver, BCI issues the certificate without the issuance fee and charges it later only if the court doesn't waive the filing fee (§ 77-40a-304(3)(b), (7)). A waiver from one court must be honored, on request, for another expungement petition filed within 180 days (§ 77-40a-305(12))."},"hearing":"sometimes","timeline":"BCI's review can take several months (in October 2026 it was working on applications received June 19, 2026), and the court waits 60 days for responses unless the prosecutor consents. Salt Lake County estimates about 6 months overall.","statute":{"cite":"Utah Code §§ 77-40a-303 to 77-40a-307","url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a-S303.html"},"sources":[{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a-S303.html","title":"Utah Code § 77-40a-303, Requirements for a certificate of eligibility to expunge records of a conviction (effective May 6, 2026)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html","title":"Utah Code Title 77, Chapter 40a, Expungement of Criminal Records","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title41/Chapter6A/41-6a-S501.html","title":"Utah Code § 41-6a-501, Definitions (DUI-related convictions)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/case-categories/criminal-justice/expunge.html","title":"Expunging Adult Criminal Records","publisher":"Utah State Courts","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/","title":"Expungements","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/expungements-faq/","title":"Expungements FAQ","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/legal-help/procedures/fees.html","title":"Filing/Record Fees (filing fees effective May 6, 2026)","publisher":"Utah State Courts","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/legal-help/procedures/waiver.html","title":"Fees and Fee Waiver","publisher":"Utah State Courts","accessed":"2026-10-22"},{"url":"https://le.utah.gov/Session/2026/bills/enrolled/HB0008.pdf","title":"H.B. 8 (2026) State Agency Fees and Internal Service Fund Authorization and Appropriations, Section 3 fee schedule for FY 2027 (Bureau of Criminal Identification: Expungements, lines 6501-6504)","publisher":"Utah State Legislature","accessed":"2026-10-22"}]},{"id":"medical-cannabis-expungement","name":"Expungement of a cannabis possession conviction for medical patients","type":"expungement","effect":"Same effect as other expungements: the records are sealed or restricted and you may respond as though the conviction did not occur (Utah Code § 77-40a-401(5)).","covers":"Cannabis possession convictions for people who had a qualifying medical condition at the time.","outcomes":["misdemeanor","felony"],"narrow":"Cannabis possession by people with a qualifying condition","eligible":["At the time of the arrest or citation, you had a qualifying condition as defined in § 26B-4-201 (§ 77-40a-305(4)(a)).","The cannabis was in a form and an amount to medically treat that condition (§ 77-40a-305(4)(b)). The courts' guide describes the allowed forms and amounts; check it before filing.","You can petition the court directly without a BCI certificate of eligibility (§§ 77-40a-305(4), 77-40a-306(1)(d); BCI)."],"not_eligible":["Possession in a form or amount beyond what was needed to treat the condition (§ 77-40a-305(4)(b))."],"waiting_periods":[{"record":"Cannabis possession conviction, qualifying condition at the time","wait":"No waiting period stated","detail":"The statute sets no waiting period for this route (§ 77-40a-305(4))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Fill out the Petition to Expunge Records (Cannabis Conviction) and the matching order, with the civil cover sheet (Utah Courts).","File them with the court that decided the case and pay the filing fee or ask for a fee waiver.","The prosecutor has 35 days to respond. If anyone objects, the court holds a hearing where you show the condition, form and amount requirements are met (§§ 77-40a-305, 77-40a-306)."],"where":"The court that decided the criminal case (§ 77-40a-305(1)(d)).","forms":[{"name":"Petition to Expunge Records (Cannabis Conviction) (1003EX)","url":"https://legacy.utcourts.gov/howto/expunge/docs/1003EX_Petition_to_Expunge_Records_Cannabis_Conviction.pdf"},{"name":"Order on Petition to Expunge Records (Cannabis Conviction) (1023EX)","url":"https://legacy.utcourts.gov/howto/expunge/docs/1023EX_Order_Cannabis_Conviction.pdf"}],"cost":{"filing_fee_usd":150,"detail":"Court filing fee: $150 in district court or $135 in justice court (Utah Courts fee schedule, effective May 6, 2026). No BCI certificate fees, because no certificate is needed.","fee_waiver":"yes","fee_waiver_detail":"File the Motion to Waive Fees for Expungement - Criminal (Utah Courts)."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Utah Code §§ 77-40a-305(4), 77-40a-306(1)(d)","url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html"},"sources":[{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html","title":"Utah Code Title 77, Chapter 40a (§§ 77-40a-305, 77-40a-306)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/case-categories/criminal-justice/expunge.html","title":"Expunging Adult Criminal Records (cannabis conviction section)","publisher":"Utah State Courts","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/","title":"Expungements (Cannabis Expungements)","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/legal-help/procedures/fees.html","title":"Filing/Record Fees (filing fees effective May 6, 2026; Expungement, § 78A-2-301(1)(i)(i))","publisher":"Utah State Courts","accessed":"2026-10-22"}]},{"id":"problem-solving-court-expungement","name":"Expungement after a problem-solving court plea in abeyance","type":"expungement","effect":"The court expunges all records of the offense when you finish the program, and BCI notifies affected agencies and the FBI (Utah Code § 77-2a-3(10)-(11)).","covers":"Cases resolved by a plea in abeyance that is dismissed after you complete a certified problem-solving court program.","outcomes":["diversion"],"narrow":"Problem-solving court graduates only","eligible":["Your plea in abeyance agreement allows the court to order expungement (§ 77-2a-3(2)(c)).","You successfully complete a problem-solving court program certified by the Judicial Council, and the court lets you withdraw your plea and dismisses the case (§ 77-2a-3(3)(a)(iii))."],"not_eligible":["Pleas in abeyance aren't allowed in cases involving a sexual offense against a child under 14 or DUI-related violations (§ 77-2a-3(8)).","A court can't hold a plea in abeyance without the prosecutor's agreement, and the prosecutor's decision is final (§ 77-2a-3(7))."],"waiting_periods":[{"record":"Completed problem-solving court plea in abeyance","wait":"None","detail":"Any victim may object before the court decides whether you completed the agreement (§ 77-2a-3(9))."}],"automatic":"some","automatic_detail":"No separate petition is needed when the agreement allows it: the court can order expungement when it finds you completed the program (§ 77-2a-3(3)). Other plea in abeyance dismissals are covered by the automatic and petition routes.","how_to_file":["Ask your defense attorney and the prosecutor whether the plea in abeyance agreement can include expungement after a certified problem-solving court program.","Complete the program and the agreement's terms; the court then decides whether to dismiss and expunge.","You may deliver copies of the order to affected agencies yourself (§ 77-2a-3(12))."],"where":"The court handling the criminal case.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The statute sets no separate expungement fee for this route; a plea in abeyance fee and program costs may apply (§ 77-2a-3(5)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"Utah Code § 77-2a-3","url":"https://le.utah.gov/xcode/Title77/Chapter2A/77-2a-S3.html"},"sources":[{"url":"https://le.utah.gov/xcode/Title77/Chapter2A/77-2a-S3.html","title":"Utah Code § 77-2a-3, Manner of entry of plea -- Powers of court -- Expungement (effective July 1, 2026)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/expungements-faq/","title":"Expungements FAQ","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"}]},{"id":"402-reduction","name":"Motion to reduce a conviction (402 reduction)","type":"other","effect":"Does not clear the record. The court enters the conviction at a lower degree, for example a felony as a class A misdemeanor, while the name of the offense stays the same (Utah Code § 76-3-402(14)). Because expungement waiting periods and exclusions depend on the degree, a reduction can make a conviction expungeable sooner or at all, and it doesn't prevent a later expungement (§ 76-3-402(12); Utah Courts).","covers":"Convictions where probation or parole has ended, or where enough time has passed after an unsuccessful discharge or a rehabilitation program.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["After you are successfully discharged from probation or parole, if the court finds a reduction is in the interest of justice (§ 76-3-402(3)).","If probation or parole didn't end successfully: 5 years after sentencing in a later case where you were successfully discharged (3 years with the prosecutor's consent); 3 years after completing a rehabilitation program such as a certified drug, veterans or mental health court; or 5 years after the unsuccessful discharge (§ 76-3-402(4)-(6)).","For those three routes, you can't have been convicted of a serious offense (anything other than a traffic or minor regulatory offense) during the waiting period, can't have charges pending, and can't be on probation, on parole or incarcerated for another offense; a violent felony also needs the prosecutor's consent (§ 76-3-402(4)-(6)).","The court weighs the offense, the harm to any victim and victim input, and may consider your history, work, programs and effect on professional licensing (§ 76-3-402(8))."],"not_eligible":["Any unpaid court-ordered restitution for the offense (§ 76-3-402(13)(b)).","Convictions that require sex, kidnap or child abuse offender registration, until registration has ended; lifetime registrants can't get a reduction (§ 76-3-402(15)).","Reductions of more than one degree without the prosecutor's written or on-record agreement, and of more than two degrees in any case (§ 76-3-402(11)).","A reduction specifically barred by law, or a further reduction of an offense already reduced under a plea in abeyance (§§ 76-3-402(13)(a), 77-2a-3(3)(b))."],"waiting_periods":[{"record":"Probation or parole completed successfully","wait":"After successful discharge","detail":null},{"record":"Unsuccessful discharge, then successful discharge in a later case","wait":"5 years after sentencing in the later case","detail":"3 years if the prosecutor consents (§ 76-3-402(4)(b))."},{"record":"Unsuccessful discharge, then completed rehabilitation program","wait":"3 years after completing the program","detail":null},{"record":"Unsuccessful discharge","wait":"5 years after the unsuccessful discharge","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Fill out the Motion to Reduce Conviction Pursuant to Utah Code Section 76-3-402(2) and file it in the original criminal case, with any proof such as a program completion certificate (Utah Courts).","Ask the prosecutor whether they will agree; if not, serve them a copy. The prosecutor must respond within 35 days and will notify any victims (§ 76-3-402(9)(d); Utah Courts).","Either side can request a hearing. If no one responds, file a Request to Submit for Decision and the proposed order (Utah Courts).","If the motion is granted, confirm with BCI that the reduction appears on your criminal history; you may need to give BCI a certified copy (Utah Courts)."],"where":"The court that handled the original criminal case, in the same case number (Utah Courts).","forms":[{"name":"Motion to Reduce Conviction Pursuant to Utah Code Section 76-3-402(2)","url":"https://legacy.utcourts.gov/howto/criminallaw/docs/01_Motion_to_Reduce_Conviction.pdf"},{"name":"Findings of Fact, Conclusions of Law, and Order on Motion to Reduce Conviction","url":"https://legacy.utcourts.gov/howto/criminallaw/docs/03_Order_on_Motion_for_Reduction_of_Conviction.pdf"}],"cost":{"filing_fee_usd":null,"detail":"The courts' 402 page does not list a filing fee for this motion; ask the court clerk.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The prosecutor must respond within 35 days after the motion is filed (§ 76-3-402(9)(d)).","statute":{"cite":"Utah Code § 76-3-402","url":"https://le.utah.gov/xcode/Title76/Chapter3/76-3-S402.html"},"sources":[{"url":"https://le.utah.gov/xcode/Title76/Chapter3/76-3-S402.html","title":"Utah Code § 76-3-402, Conviction of lower degree of offense (effective May 6, 2026)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/case-categories/criminal-justice/402-reduction.html","title":"Motion to Reduce Conviction (402 Motion)","publisher":"Utah State Courts","accessed":"2026-10-22"}]},{"id":"pardon","name":"Pardon from the Board of Pardons and Parole","type":"pardon","effect":"When the Board grants a pardon, it issues an expungement order that has at least the same legal effect as a court expungement order, directing criminal justice agencies to remove your identifying information from records of the pardoned convictions. Pardoned convictions don't count against future expungement eligibility (Utah Code § 77-27-5.1).","covers":"Utah convictions, including ones that can't be expunged by petition.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Absent extraordinary circumstances, the Board accepts an application only after at least 5 years have passed since the sentence for the conviction, and any enhancement period, terminated or expired (Utah Admin. Code R671-315-1(1)(b)). The Board's page describes this as 5 years after all sentences and probation or parole supervision ended, along with a significant period of exemplary citizenship and evidence of rehabilitation (Board of Pardons and Parole).","The Board considers an application only after you have used the court remedies available to you, including expungement (R671-315-1(1)(a)).","The Board generally requires that all restitution, fines and fees be paid (Board of Pardons and Parole).","A pardon is discretionary: the Board decides whether to hold a hearing and may deny, grant in part, grant with conditions, or grant a full and unconditional pardon (Board of Pardons and Parole)."],"not_eligible":["For offenses requiring sex offender registration, the Board may not consider a pardon until 10 years (10-year registrants) or 20 years (lifetime registrants) after the later of probation, release to parole, sentence termination or entry into a community residential program (§ 77-27-5.6, effective May 6, 2026). The Board says this applies to every decision made on or after May 6, 2026, whenever the application was filed.","Infractions and successfully completed pleas in abeyance (R671-315-1(1)(c)).","Posthumous applications, and applicants unwilling to attend the hearing in person (R671-315-1(2)(c)-(d))."],"waiting_periods":[{"record":"Most convictions","wait":"At least 5 years after the sentence and any enhancement period end","detail":"Board rule, not a statute; the Board may make exceptions for extraordinary circumstances (Utah Admin. Code R671-315-1(1)(b))."},{"record":"Offense requiring sex offender registration","wait":"10 years (10-year registrants) or 20 years (lifetime registrants)","detail":"§ 77-27-5.6."}],"automatic":"no","automatic_detail":null,"how_to_file":["Apply online through the Board's MyPATH system using a Utah ID account, uploading supporting documents as PDFs (Board of Pardons and Parole).","The Board decides whether to grant a hearing and notifies the police agency, the judge, the prosecutor and any victims, who may comment (Board of Pardons and Parole).","If a hearing is granted, attend in person at the Board's office in Murray; hearings are public and recorded (Board of Pardons and Parole).","After a pardon, BCI requires a processing fee ($100 in the Legislature's fee schedule for July 2026 to June 2027) before it expunges its record, and it has an application for Board of Pardons expungement orders (§ 77-40a-401(2); H.B. 8, 2026; BCI)."],"where":"Utah Board of Pardons and Parole, 448 East Winchester Street (6400 South), Suite 300, Murray.","forms":[{"name":"Online Pardon Application (MyPATH), via the Board's Pardons page","url":"https://bop.utah.gov/pardons/"}],"cost":{"filing_fee_usd":null,"detail":"The Board's page lists no application fee. After a pardon, BCI charges a processing fee before expunging its record (§ 77-40a-401(2)); the Legislature's approved fee schedule for July 2026 to June 2027 lists $100 for 'Board of Pardons expungement processing' (H.B. 8, 2026).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":"Hearings are scheduled by calendar availability (Board of Pardons and Parole).","statute":{"cite":"Utah Code §§ 77-27-5.1, 77-27-5.6","url":"https://le.utah.gov/xcode/Title77/Chapter27/77-27-S5.1.html"},"sources":[{"url":"https://le.utah.gov/xcode/Title77/Chapter27/77-27-S5.1.html","title":"Utah Code § 77-27-5.1, Board authority to order expungement","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title77/Chapter27/77-27-S5.6.html","title":"Utah Code § 77-27-5.6, Pardon timelines for an offender on the Sex, Kidnap, and Child Abuse Offender Registry (effective May 6, 2026)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://bop.utah.gov/pardons/","title":"Pardons","publisher":"Utah Board of Pardons and Parole","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/expungement-forms/","title":"Expungement Forms (Board of Pardons expungement orders)","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://adminrules.utah.gov/Code","title":"Utah Admin. Code R671-315, Pardons (R671-315-1; date of last change January 16, 2026), Administrative Code under Pardons (Board of), Administration (R671)","publisher":"Utah Office of Administrative Rules","accessed":"2026-10-22"},{"url":"https://le.utah.gov/Session/2026/bills/enrolled/HB0008.pdf","title":"H.B. 8 (2026) State Agency Fees and Internal Service Fund Authorization and Appropriations, Section 3 fee schedule for FY 2027 (Board of Pardons expungement processing, line 6457)","publisher":"Utah State Legislature","accessed":"2026-10-22"}]},{"id":"trafficking-vacatur","name":"Vacatur for survivors of human trafficking","type":"vacatur","effect":"The court vacates the conviction and sentence and orders the records expunged (Utah Code § 78B-9-108(2)). You may respond to inquiries as though the conviction did not occur. Agencies must expunge your identifying information and may share the records only with you or Peace Officer Standards and Training, and vacated convictions don't count against future expungement eligibility (§ 77-40a-402).","covers":"Convictions for certain lower-level offenses committed while the person was subject to force, fraud or coercion.","outcomes":["misdemeanor","felony"],"narrow":"Human trafficking survivors only","eligible":["You committed the offense while subject to force, fraud or coercion as defined in § 76-5-308 (§ 78B-9-104(1)(h)).","The offense is one of these: drug possession, aiding prostitution, criminal trespass, theft, possession of a forged writing or device, retail theft, unlawful possession of another's identification document, lewdness, engaging in prostitution, sexual solicitation by offering sexual activity for compensation, or sexual solicitation of a child under § 76-5d-210 (§ 78B-9-104(1)(h)).","The petition generally must be filed within one year after the claim arises, for example after the time to appeal ends or after you knew or should have known the facts it is based on. The deadline is paused for any time force, fraud or coercion kept you from filing (§ 78B-9-107(1)-(3))."],"not_eligible":["Offenses not on that list (§ 78B-9-104(1)(h)).","Claims barred by the postconviction rules, such as grounds already decided at trial, on appeal or in an earlier petition; a failure to raise the claim earlier because of force, fraud or coercion is excused (§ 78B-9-106(1), (3)(b))."],"waiting_periods":[{"record":"Listed offense committed under force, fraud or coercion","wait":"No waiting period stated","detail":"There is a filing deadline instead: generally one year after the claim arises, paused while force, fraud or coercion prevented filing (§ 78B-9-107)."}],"automatic":"no","automatic_detail":null,"how_to_file":["File a petition for postconviction relief under Utah's Postconviction Remedies Act on this ground (§ 78B-9-104(1)(h)).","If the court grants it, deliver the vacatur order to every affected agency. For BCI, attach a completed application for a certificate of eligibility with your identifying information and fingerprints; BCI has an Application for Vacatur Expungement (§ 77-40a-402(1)-(2); BCI)."],"where":"The district court of original jurisdiction (§ 78B-9-104(1)).","forms":[{"name":"BCI Application for Vacatur Expungement (on BCI's expungement forms page)","url":"https://bci.utah.gov/expungements/expungement-forms/"}],"cost":{"filing_fee_usd":null,"detail":"We found no court filing fee listed for a postconviction petition. After a vacatur, BCI charges a processing fee for the vacatur expungement order: $65 in the Legislature's approved fee schedule for July 2026 to June 2027 (H.B. 8, 2026).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":null,"statute":{"cite":"Utah Code §§ 78B-9-104(1)(h), 78B-9-108(2), 77-40a-402","url":"https://le.utah.gov/xcode/Title78B/Chapter9/78B-9-S104.html"},"sources":[{"url":"https://le.utah.gov/xcode/Title78B/Chapter9/78B-9-S104.html","title":"Utah Code § 78B-9-104, Grounds for relief (effective May 6, 2026)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title78B/Chapter9/78B-9-S108.html","title":"Utah Code § 78B-9-108, Effect of granting relief","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html","title":"Utah Code Title 77, Chapter 40a (§ 77-40a-402)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/expungement-forms/","title":"Expungement Forms (Vacatur expungements)","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title78B/Chapter9/78B-9-S106.html","title":"Utah Code § 78B-9-106, Preclusion of relief -- Exception","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title78B/Chapter9/78B-9-S107.html","title":"Utah Code § 78B-9-107, Statute of limitations for postconviction relief","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/Session/2026/bills/enrolled/HB0008.pdf","title":"H.B. 8 (2026) State Agency Fees and Internal Service Fund Authorization and Appropriations, Section 3 fee schedule for FY 2027 (Vacatur expungement order processing fee, line 6448)","publisher":"Utah State Legislature","accessed":"2026-10-22"}]}],"clean_slate":{"status":"in_effect","effective":"2020-05-01","detail":"Utah's Clean Slate law, H.B. 431 (2019), took effect May 1, 2020; the current statute's automatic-expungement and deletion timelines run from that date (§§ 77-40a-202, 77-40a-204(4)). It requires courts and BCI to expunge eligible cases without a petition: acquittals after 60 days, dismissals with prejudice after 180 days, and cases where every conviction (or plea in abeyance or without-prejudice dismissal) is a class B or C misdemeanor, an infraction or class A drug possession, after 6, 5 and 7 years with no disqualifying record, unpaid court debt, pending case, or state supervision (Utah Code §§ 77-40a-205, 77-40a-206). Prosecutors get monthly notice and 35 days to object. H.B. 352 (2024) required people to submit a form to get automatic expungement from October 1, 2024 through December 31, 2025; since January 1, 2026, courts again identify and expunge eligible cases on their own (§ 77-40a-204; Utah Courts). Courts also delete traffic-only cases after an acquittal, a dismissal with prejudice, or 5-6 years (§ 77-40a-202). As amended effective May 6, 2026, the clean slate exclusions also expressly list DUI as codified before February 2, 2005 (§ 77-40a-205(3)(f)(ix)). Automatic expungement covers only court and BCI records; other agencies' records need a petition (§ 77-40a-207(4)).","sources":[{"url":"https://le.utah.gov/~2019/bills/static/HB0431.html","title":"H.B. 431 (2019), Clean Slate (effective May 1, 2020)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/~2024/bills/static/HB0352.html","title":"H.B. 352 (2024) Amendments to Expungement","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html","title":"Utah Code Title 77, Chapter 40a, Part 2 (§§ 77-40a-201 to 77-40a-207)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/case-categories/criminal-justice/expunge.html","title":"Expunging Adult Criminal Records (January 1, 2026 change)","publisher":"Utah State Courts","accessed":"2026-10-22"}]},"marijuana":{"detail":"Utah has no recreational marijuana law and no marijuana-specific clearing program. Marijuana possession counts as a 'drug possession offense', except possession of 100 pounds or more (Utah Code § 77-40a-101(15)). Drug possession offenses get a shorter 5-year wait for felonies and their own conviction limits in the petition process (§ 77-40a-303(1)(c), (5)), and misdemeanor possession cases can be expunged automatically after 6 years (class B) or 7 years (class A) (§ 77-40a-205). People who had a qualifying medical condition when arrested, and possessed cannabis in a form and amount to treat it, can petition the court directly without a BCI certificate (§ 77-40a-305(4)). We found no Utah pardon program for marijuana convictions.","sources":[{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html","title":"Utah Code Title 77, Chapter 40a (§§ 77-40a-101, 77-40a-205, 77-40a-303, 77-40a-305)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/","title":"Expungements (Cannabis Expungements, Drug Possession Offenses)","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Acquittals are expunged automatically after 60 days and dismissals with prejudice after 180 days (Utah Code § 77-40a-206); plea in abeyance and without-prejudice dismissals of lower-level misdemeanor charges are expunged automatically after 5-7 years (§ 77-40a-205). Automatic expungement covers court and BCI records only. For other records, or other dismissals, you can get a BCI certificate of eligibility 30 days after the arrest when no charges will be filed, the case was dismissed with prejudice, you were acquitted, or the limitations period ran; for a dismissal without prejudice you need the prosecutor's written consent or 180 days (§ 77-40a-302), then petition the court. BCI doesn't charge the certificate fee for dismissals, acquittals and declined charges, except plea in abeyance or diversion dismissals (§ 77-40a-304(3)). Separately, 30 days after a dismissal with no appeal, you can ask the court to remove the link between your name and birth date and the case in public court search databases, unless a charge was a domestic violence offense; the case stays searchable by case number unless expunged (§ 77-40a-105).","sources":[{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html","title":"Utah Code Title 77, Chapter 40a (§§ 77-40a-105, 77-40a-205, 77-40a-206, 77-40a-302, 77-40a-304)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/case-categories/criminal-justice/expunge.html","title":"Expunging Adult Criminal Records","publisher":"Utah State Courts","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/expungements-faq/","title":"Expungements FAQ","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"DUI and reckless driving cases can't be expunged automatically, and DUI isn't a 'traffic offense' for court deletion (Utah Code §§ 77-40a-205(3)(f)(vi), 77-40a-101(24)(b)). Misdemeanor DUI-type convictions listed in § 41-6a-501(2) can be expunged by petition 10 years after the later of conviction or release from incarceration, parole or probation, if all other requirements are met (§ 77-40a-303(1)(c)(i)). That list includes DUI, impaired driving, driving with a measurable controlled substance, chemical test refusal, alcohol- or drug-related reckless driving before July 1, 2008, and negligently operating a vehicle resulting in injury under § 76-5-102.1 (§ 41-6a-501(2)). Felony DUI-type convictions under § 41-6a-501(2) can't be expunged (§ 77-40a-303(2)(a)(iv)). DUI cases can't be resolved with a plea in abeyance (§ 77-2a-3(8)), a pre-July 1, 2008 DUI plea in abeyance counts as a conviction for expungement, and a DUI reduced under § 76-3-402 still counts as a DUI-type conviction (§ 41-6a-501(2)). BCI's page lists the wait as '10 years - DUI/DWI/Impaired Driving'. We did not confirm how expungement affects Driver License Division records.","sources":[{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a-S303.html","title":"Utah Code § 77-40a-303","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title41/Chapter6A/41-6a-S501.html","title":"Utah Code § 41-6a-501, Definitions (effective May 6, 2026)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title77/Chapter2A/77-2a-S3.html","title":"Utah Code § 77-2a-3","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html","title":"Utah Code Title 77, Chapter 40a (§§ 77-40a-101, 77-40a-205)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/","title":"Expungements (Time Periods)","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"}]},"employers":{"detail":"After an expungement, you may respond to any inquiry as though the arrest or conviction did not occur, unless a law or court order says otherwise (Utah Code § 77-40a-401(5)). Utah law specifically lets a job applicant answer a private employer's question about an expunged criminal or juvenile record as though it never happened (§ 34-52-301), and gives the same right with public employers (§ 34-52-201(4)). Public employers may not exclude applicants from an initial interview because of a past conviction, an expunged conviction, a juvenile arrest or adjudication, so they can't require disclosure on the application or before the first interview (or before a conditional offer if there's no interview), and may not ask about expunged records; they may ask about convictions at or after the interview (§ 34-52-201). Exemptions include jobs where law requires considering criminal history, law enforcement and criminal or juvenile justice agencies, volunteers, work with children or vulnerable adults, and financial or fiduciary positions (§ 34-52-201(6)). A version of § 34-52-201 enacted in 2026 takes effect January 1, 2027; it narrows one exception in the rules for mental health professional applicants and doesn't change the rules described here. We found no Utah law limiting when other private employers may ask about unexpunged convictions. Some agencies can still get expunged records on request, including the Board of Pardons and Parole, Peace Officer Standards and Training, the State Board of Education, the Department of Criminal Justice for judicial applicants, and federal authorities when federal law requires (§ 77-40a-403(2)).","sources":[{"url":"https://le.utah.gov/xcode/Title34/Chapter52/34-52.html","title":"Utah Code Title 34, Chapter 52, Reducing Barriers to Employment for Individuals with Criminal Records (§ 34-52-301, Permitted applicant response regarding expunged history)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title34/Chapter52/34-52-S201.html","title":"Utah Code § 34-52-201, Public employer requirements (current version effective May 7, 2025; amended version effective January 1, 2027, ch. 445, 2026 General Session)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html","title":"Utah Code Title 77, Chapter 40a (§§ 77-40a-401, 77-40a-403)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/expungements-faq/","title":"Expungements FAQ (employment and licensure applications)","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"}]},"free_help":[{"name":"Utah State Courts: Expunging Adult Criminal Records","url":"https://www.utcourts.gov/en/self-help/case-categories/criminal-justice/expunge.html","type":"court_self_help","detail":"Official guide to automatic and petition-based expungement, eligibility questions, and all court forms."},{"name":"Utah State Courts Self-Help Center","url":"https://www.utcourts.gov/en/self-help/services/contact.html","type":"court_self_help","detail":"Free help from staff attorneys by email (selfhelp@utcourts.gov), phone (888-683-0009) or text (801-742-1898), Monday-Friday 11 a.m.-5 p.m.; they can't represent you."},{"name":"Bureau of Criminal Identification: Expungements","url":"https://bci.utah.gov/expungements/","type":"state_agency","detail":"Certificate of eligibility applications, status checks at expungementstatus.utah.gov, and the Expungement Section at (801) 281-5198."},{"name":"Salt Lake County Expungement Tool Kit","url":"https://www.saltlakecounty.gov/ohcjr/expungement/tool-kit/","type":"state_agency","detail":"Free county eligibility questions and step-by-step help with petition-based expungement, linked from the Utah Courts guide; call 385-468-7092."},{"name":"Clean Slate Utah","url":"https://www.cleanslateutah.org/","type":"legal_aid","detail":"Nonprofit that the Utah Courts guide points people to for more information and help with automatic and petition-based expungement."}],"sources":[{"url":"https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html","title":"Utah Code Title 77, Chapter 40a, Expungement of Criminal Records","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title76/Chapter3/76-3-S402.html","title":"Utah Code § 76-3-402","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title34/Chapter52/34-52.html","title":"Utah Code Title 34, Chapter 52","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/~2019/bills/static/HB0431.html","title":"H.B. 431 (2019), Clean Slate","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/~2024/bills/static/HB0352.html","title":"H.B. 352 (2024) Amendments to Expungement","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/case-categories/criminal-justice/expunge.html","title":"Expunging Adult Criminal Records","publisher":"Utah State Courts","accessed":"2026-10-22"},{"url":"https://www.utcourts.gov/en/self-help/legal-help/procedures/fees.html","title":"Filing/Record Fees","publisher":"Utah State Courts","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/","title":"Expungements","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://bci.utah.gov/expungements/expungements-faq/","title":"Expungements FAQ","publisher":"Utah Department of Public Safety, Bureau of Criminal Identification","accessed":"2026-10-22"},{"url":"https://bop.utah.gov/pardons/","title":"Pardons","publisher":"Utah Board of Pardons and Parole","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"vermont","code":"VT","name":"Vermont","terms":["sealing","expungement","deferred sentence","certificate of restoration of rights"],"summary":"Since July 1, 2025 (Act 60), Vermont mostly seals records rather than expunging them. By petition, most misdemeanors can be sealed 3 years after the sentence ends, certain burglary, property and drug felonies after 7 years, and first or second DUIs after 10 years; many violent crimes, sex offenses and domestic-violence crimes are excluded, but a crime committed before age 25 can be sealed 2 years after discharge if there is no listed-crime conviction in the past 10 years and the court finds rehabilitation. Charges dismissed before trial, acquittals and cases with no probable cause found at arraignment are sealed by the court automatically within 60 days unless someone objects, and completed deferred sentences and diversion are expunged without a petition. Only convictions for conduct that is no longer a crime are expunged by petition, and filing to seal or expunge is free except for a $90 fee to seal a DUI committed at age 25 or older.","remedies":[{"id":"sealing-conviction","name":"Petition to seal a conviction","type":"sealing","effect":"The sealing order takes effect immediately, and you are treated in all respects as if you had never been arrested, convicted or sentenced for the offense. On applications for employment, licenses or civil rights, and as a witness, you can be required to answer only about records that have not been sealed, and State entities that ask must tell you of this right. Anyone in the public who asks is told 'NO CRIMINAL RECORD EXISTS' (13 V.S.A. § 7607(b)). The court bars viewing of the offense in its databases, the case file becomes exempt from public access once every charge on the docket is sealed, and agencies notified of the order must remove the offense from public databases and label their copies 'SEALED' (§ 7607(d)). The record is not destroyed. Criminal justice agencies and the Attorney General can still use it for criminal justice purposes, it is available for firearms background checks (NICS) and to law enforcement agencies hiring officers, people with the record can still use it in litigation about the same incident, researchers can get access, and a sealed DUI still counts as a prior offense for a later DUI (§ 7607(c)). The Judiciary notes it may still appear in a federal background check. Knowingly accessing or disclosing a sealed record without authorization carries a civil penalty of up to $1,000 (§ 7611).","covers":"Most misdemeanor convictions, many property and drug felonies, first and second DUI convictions, and any conviction with an unconditional pardon from the Governor.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Misdemeanors, except listed crimes and the other excluded offenses below (13 V.S.A. § 7601(4)(A)).","These felonies only: burglary (but not burglary of an occupied dwelling, unless you were 25 or younger and had no dangerous or deadly weapon); designated property felonies such as forgery, uttering, false pretenses, identity theft, grand larceny, embezzlement, receiving stolen property, retail theft, theft of services, false claims, unlawful mischief, unlawful trespass and computer crimes; and drug offenses relating to possessing, cultivating, selling, dispensing or transporting regulated drugs, including violations of listed subsections of 18 V.S.A. §§ 4230-4235a (§ 7601(4)(B), (5)).","Any offense for which the Governor granted an unconditional pardon (§ 7601(4)(B)(iv)).","Misdemeanors: at least 3 years since you completed the terms and conditions of the sentence (§ 7602(c)).","Felonies: at least 7 years since you completed the sentence (§ 7602(d)).","A misdemeanor DUI: at least 10 years since you completed the sentence, and you do not hold a commercial driver's license or permit (§ 7602(e)).","All court-ordered restitution and surcharges, for any crime you were convicted of, must be paid; surcharges the court waived don't count (§ 7602(c)-(e)).","If you meet the requirements, the court must seal the record unless the prosecutor shows sealing would be contrary to the interests of justice (§ 7602(c)-(e)). The statute doesn't list a separate crime-free period."],"not_eligible":["Listed crimes (13 V.S.A. § 5301(7)), including stalking, domestic assault, sexual assault, lewd or lascivious conduct, manslaughter, aggravated assault, robbery, kidnapping, reckless endangerment, violation of an abuse prevention order, burglary of an occupied dwelling, abuse or exploitation of a vulnerable adult, human trafficking, and DUI or negligent operation causing death or serious bodily injury (§ 7601(4)(A)(i)).","Misdemeanors involving sexual exploitation of children, violating abuse prevention, stalking or protective orders, vulnerable-adult abuse, voyeurism, animal cruelty, sex offender registry violations, hate-motivated crimes, cruelty to a child, cruelty by a person having custody of another, mistreatment of a person with impaired cognitive function, female genital mutilation, sexual exploitation of a minor or violating an extreme risk protection order, and any offense that requires sex offender registration (§ 7601(4)(A)(ii)-(xiv), (xvi)).","Felonies not on the list above, such as a third or later DUI (§ 7601(4)(B); 23 V.S.A. § 1210(d)).","Offenses committed in a motor vehicle by a holder of a commercial driver's license or permit (§§ 7601(4)(A)(xv), 7602(a)(5)).","The court won't act while you have a criminal charge pending, and after a denial you must generally wait 2 years to file again (§§ 7604, 7605)."],"waiting_periods":[{"record":"Qualifying misdemeanor","wait":"3 years after completing the sentence","detail":"Restitution and surcharges paid (13 V.S.A. § 7602(c))."},{"record":"Qualifying felony","wait":"7 years after completing the sentence","detail":"Restitution and surcharges paid (§ 7602(d))."},{"record":"Misdemeanor DUI (first or second offense)","wait":"10 years after completing the sentence","detail":"Not available to commercial license or permit holders (§ 7602(e)). If committed before age 25, the young-adult route may be faster."},{"record":"Qualifying conviction where the prosecutor agrees (stipulation)","wait":"Not stated in the statute","detail":"The court must grant a stipulated petition without a hearing (§ 7602(a)(4)), but the statute does not say whether a stipulation can be filed before the waiting period ends. VTLawHelp says it can, but parts of that guide predate the July 2025 changes; ask the prosecutor's office."}],"automatic":"no","automatic_detail":"You must file a petition or a stipulation with the prosecutor. Vermont does not seal convictions automatically.","how_to_file":["Get your records: docket sheets from the court in each county where you had a case (form 200-00331, fee per county) or a Vermont conviction report from the Vermont Crime Information Center ($30 online).","Check which convictions qualify and whether enough time has passed. Make sure restitution, fines and surcharges are paid, or plan to ask the court to waive surcharges you can't afford.","Contact the prosecutor's office (State's Attorney or Attorney General) and ask whether it will stipulate. If it agrees, use the Stipulation to Seal Criminal History Record + Order (200-00132); the court must grant a stipulated petition without a hearing (13 V.S.A. § 7602(a)(4)).","If the prosecutor won't agree, file the Petition to Seal Criminal History (200-00130). Use one petition for offenses from the same incident, and separate petitions for different incidents or counties (Vermont Judiciary).","The prosecutor notifies any victim, who may give a statement (§ 7608). If the prosecutor opposes, the court schedules a hearing, which may be in person or remote.","If the petition is granted, the court sends the order to you, the prosecutor, the Vermont Crime Information Center, the arresting agency and any Vermont State entity you listed (§ 7607(a)). List every State entity you know has a record."],"where":"The Criminal Division of the Superior Court in the county where you were convicted.","forms":[{"name":"Filing a Petition to Expunge or Seal a Criminal Record (instructions, 200-00130A)","url":"https://www.vtcourts.gov/media/7713"},{"name":"Petition to Seal Criminal History (200-00130)","url":"https://www.vtcourts.gov/media/114"},{"name":"Stipulation to Seal Criminal History Record + Order (200-00132)","url":"https://www.vtcourts.gov/media/10142"},{"name":"Application to Waive Filing Fees and Service Costs (600-00229)","url":"https://www.vermontjudiciary.org/self-help/application-waive-filing-fees-and-service-costs"},{"name":"Request for Sealing Order in Special Index (200-00631)","url":"https://www.vtcourts.gov/media/11473"}],"cost":{"filing_fee_usd":0,"detail":"No filing fee to seal or expunge a record, except a $90 fee to seal a DUI conviction (23 V.S.A. § 1201(a)) committed when you were 25 or older (32 V.S.A. § 1431(e); Vermont Judiciary). Restitution and court surcharges must be paid before sealing, but the court can waive surcharges in the sealing proceeding if you show you cannot pay (13 V.S.A. § 7282(b)).","fee_waiver":"yes","fee_waiver_detail":"To ask the court to waive the $90 DUI sealing fee, file the Application to Waive Filing Fees and Service Costs (form 600-00229) (Vermont Judiciary; 32 V.S.A. § 1431(h)). To waive unpaid surcharges, ask in your petition and show you can't afford them (13 V.S.A. § 7282(b))."},"hearing":"sometimes","timeline":null,"statute":{"cite":"13 V.S.A. §§ 7601, 7602, 7604-7608","url":"https://legislature.vermont.gov/statutes/fullchapter/13/230"},"sources":[{"url":"https://legislature.vermont.gov/statutes/fullchapter/13/230","title":"13 V.S.A. chapter 230, Expungement and Sealing of Criminal History Records (§§ 7601-7611), full text including the 2026 session","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/165/05301","title":"13 V.S.A. § 5301. Definitions (subdivision (7): listed crimes)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/23/013/01210","title":"23 V.S.A. § 1210. Penalties (DUI)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/001/00001","title":"13 V.S.A. § 1. Felonies and misdemeanors defined","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/32/017/01431","title":"32 V.S.A. § 1431. Fees in Supreme and Superior Courts (subsection (e): $90 fee for sealing a DUI)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/223/07282","title":"13 V.S.A. § 7282. Surcharge (subsection (b): waiver in expungement or sealing proceedings)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://www.vtcourts.gov/criminal/expungement","title":"Expunging and Sealing Criminal Records","publisher":"Vermont Judiciary","accessed":"2026-10-22"},{"url":"https://vtlawhelp.org/expungement","title":"Seal or Expunge Your Vermont Criminal Record (updated March 15, 2026)","publisher":"VTLawHelp.org (Vermont Legal Aid and Legal Services Vermont)","accessed":"2026-10-22"},{"url":"https://vcic.vermont.gov/ch-information/record-checks","title":"Record Checks","publisher":"Vermont Crime Information Center (Department of Public Safety)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT060/ACT060%20As%20Enacted.pdf","title":"Act No. 60 (S.12) of 2025, An act relating to sealing criminal history records, as enacted (effective July 1, 2025)","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT060/ACT060%20Act%20Summary.pdf","title":"Act No. 60 (S.12) Act Summary, Office of Legislative Counsel","publisher":"Vermont General Assembly","accessed":"2026-10-22"}]},{"id":"expunge-decriminalized","name":"Petition to expunge a conviction for conduct that is no longer a crime","type":"expungement","effect":"Expungement annuls the record of the arrest, conviction and sentence, and you are treated in all respects as if they never happened. You can be required to answer only about records that have not been expunged, and anyone who asks is told 'NO CRIMINAL RECORD EXISTS.' The court removes the offense from its databases and destroys the case file once every charge on the docket is expunged, keeping only a confidential special index (13 V.S.A. § 7606). The Judiciary notes it may still appear in a federal background check.","covers":"Convictions for conduct that is no longer prohibited by law or is no longer a criminal offense, such as some past cannabis possession convictions. Since July 1, 2025, this is the only kind of conviction Vermont expunges by petition.","outcomes":["misdemeanor","felony"],"narrow":"Conduct that is no longer a crime only","eligible":["You were convicted of an offense whose underlying conduct is no longer prohibited by law or designated as a criminal offense (13 V.S.A. § 7602(a)(1)).","You have completed the sentence or supervision (§ 7602(b)(1)).","Restitution and surcharges are paid, unless the court waived the surcharges (§ 7602(b)(2)).","If you meet these conditions, the court must grant the petition (§ 7602(b))."],"not_eligible":["Convictions for conduct that is still a crime; those may only be sealed (Vermont Judiciary)."],"waiting_periods":[{"record":"Conviction for conduct that is no longer a crime","wait":"None once the sentence is completed","detail":"Restitution and surcharges must be paid (§ 7602(b))."}],"automatic":"no","automatic_detail":"A petition is needed, except for the one-time court-ordered expungement of older marijuana possession records under Act 167 of 2020 (see the marijuana section).","how_to_file":["Get the docket sheet and, for a drug possession case, the police affidavit or charging papers showing the amount (VTLawHelp).","Ask the prosecutor to stipulate using the Stipulation to Expunge Criminal History Record + Order (200-00132A), or file the Petition to Expunge Criminal History (200-00129).","File in the Criminal Division of the Superior Court in the county of the conviction. If the parties stipulate, the court grants it without a hearing (§ 7602(a)(4))."],"where":"The Criminal Division of the Superior Court in the county where you were convicted.","forms":[{"name":"Filing a Petition to Expunge or Seal a Criminal Record (instructions, 200-00130A)","url":"https://www.vtcourts.gov/media/7713"},{"name":"Petition to Expunge Criminal History (200-00129)","url":"https://www.vtcourts.gov/media/19163"},{"name":"Stipulation to Expunge Criminal History Record + Order (200-00132A)","url":"https://www.vtcourts.gov/media/19164"}],"cost":{"filing_fee_usd":0,"detail":"No filing fee to expunge a record (Vermont Judiciary; 32 V.S.A. § 1431(e)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"13 V.S.A. §§ 7602(a)(1), (b), 7606","url":"https://legislature.vermont.gov/statutes/fullchapter/13/230"},"sources":[{"url":"https://legislature.vermont.gov/statutes/fullchapter/13/230","title":"13 V.S.A. chapter 230, Expungement and Sealing of Criminal History Records (§§ 7601-7611), full text including the 2026 session","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://www.vtcourts.gov/criminal/expungement","title":"Expunging and Sealing Criminal Records","publisher":"Vermont Judiciary","accessed":"2026-10-22"},{"url":"https://vtlawhelp.org/expungement","title":"Seal or Expunge Your Vermont Criminal Record (updated March 15, 2026)","publisher":"VTLawHelp.org (Vermont Legal Aid and Legal Services Vermont)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/32/017/01431","title":"32 V.S.A. § 1431. Fees in Supreme and Superior Courts (subsection (e): $90 fee for sealing a DUI)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"}]},{"id":"sealing-young-adults","name":"Sealing for crimes committed before age 25","type":"sealing","effect":"Under 33 V.S.A. § 5119(g), the proceedings are considered never to have occurred, index references are deleted, and the court, the person and law enforcement reply that no record exists. The files are segregated and kept, not destroyed (§ 5119(e), (j)). Records sealed under 13 V.S.A. § 7609 have the same effect as other sealed records (§ 7607(a)-(b)).","covers":"Convictions for crimes committed before age 25 (any crime, under 33 V.S.A. § 5119(g)), and qualifying crimes committed at ages 18-21 (13 V.S.A. § 7609).","outcomes":["misdemeanor","felony"],"narrow":"Crimes committed before age 25 only","eligible":["Under 33 V.S.A. § 5119(g): you pleaded guilty to or were convicted of a Vermont crime you committed before turning 25, at least 2 years have passed since your final discharge, you have no conviction for a listed crime (13 V.S.A. § 5301(7)) in the 10 years before the application and none pending, and the court is satisfied you have been rehabilitated. The law does not exclude any type of offense.","Under 13 V.S.A. § 7609: you were 18-21 when you committed a qualifying crime (see the conviction sealing route), at least 30 days have passed since you completed the sentence, and the prosecutor has not shown sealing would be contrary to the interests of justice.","For both: restitution and surcharges must be paid, unless the court waived the surcharges (33 V.S.A. § 5119(m); 13 V.S.A. § 7609(a)(1)(A))."],"not_eligible":["Under § 5119(g): anyone with a listed-crime conviction in the 10 years before applying, or a listed-crime charge pending.","Under § 7609: a record that includes both qualifying and nonqualifying offenses (§ 7609(b)(1))."],"waiting_periods":[{"record":"Any crime committed before age 25 (33 V.S.A. § 5119(g))","wait":"2 years after final discharge from the sentence","detail":"No listed-crime conviction in the prior 10 years; the court must find you rehabilitated."},{"record":"Qualifying crime committed at ages 18-21 (13 V.S.A. § 7609)","wait":"30 days after completing the sentence","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Use the Petition to Seal Criminal History (200-00130) and explain why you have been rehabilitated (VTLawHelp suggests doing this in question 5 of the petition).","File in the Criminal Division of the Superior Court where you were convicted. The court must help people who apply under § 5119 (33 V.S.A. § 5119(k)).","Under § 5119(g), the court gives notice to the parties and holds a hearing before deciding. Under § 7609, the prosecutor can agree or oppose."],"where":"The Criminal Division of the Superior Court in the county where you were convicted.","forms":[{"name":"Filing a Petition to Expunge or Seal a Criminal Record (instructions, 200-00130A)","url":"https://www.vtcourts.gov/media/7713"},{"name":"Petition to Seal Criminal History (200-00130)","url":"https://www.vtcourts.gov/media/114"},{"name":"Stipulation to Seal Criminal History Record + Order (200-00132)","url":"https://www.vtcourts.gov/media/10142"}],"cost":{"filing_fee_usd":0,"detail":"No filing fee, including to seal a DUI committed before age 25 under 33 V.S.A. § 5119(g) (32 V.S.A. § 1431(e); Vermont Judiciary).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"33 V.S.A. § 5119(g); 13 V.S.A. § 7609","url":"https://legislature.vermont.gov/statutes/section/33/051/05119"},"sources":[{"url":"https://legislature.vermont.gov/statutes/section/33/051/05119","title":"33 V.S.A. § 5119. Sealing of records (subsection (g): crimes committed before age 25)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/fullchapter/13/230","title":"13 V.S.A. chapter 230, Expungement and Sealing of Criminal History Records (§§ 7601-7611), full text including the 2026 session","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/165/05301","title":"13 V.S.A. § 5301. Definitions (subdivision (7): listed crimes)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/32/017/01431","title":"32 V.S.A. § 1431. Fees in Supreme and Superior Courts (subsection (e): $90 fee for sealing a DUI)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://www.vtcourts.gov/criminal/expungement","title":"Expunging and Sealing Criminal Records","publisher":"Vermont Judiciary","accessed":"2026-10-22"},{"url":"https://vtlawhelp.org/expungement","title":"Seal or Expunge Your Vermont Criminal Record (updated March 15, 2026)","publisher":"VTLawHelp.org (Vermont Legal Aid and Legal Services Vermont)","accessed":"2026-10-22"}]},{"id":"non-conviction-sealing","name":"Sealing of charges that did not end in conviction","type":"sealing","effect":"The sealing order takes effect immediately, and you are treated in all respects as if you had never been arrested, convicted or sentenced for the offense. On applications for employment, licenses or civil rights, and as a witness, you can be required to answer only about records that have not been sealed, and State entities that ask must tell you of this right. Anyone in the public who asks is told 'NO CRIMINAL RECORD EXISTS' (13 V.S.A. § 7607(b)). The court bars viewing of the offense in its databases, the case file becomes exempt from public access once every charge on the docket is sealed, and agencies notified of the order must remove the offense from public databases and label their copies 'SEALED' (§ 7607(d)). The record is not destroyed. Criminal justice agencies and the Attorney General can still use it for criminal justice purposes, it is available for firearms background checks (NICS) and to law enforcement agencies hiring officers, people with the record can still use it in litigation about the same incident, and researchers can get access (§ 7607(c)). The Judiciary notes it may still appear in a federal background check. Knowingly accessing or disclosing a sealed record without authorization carries a civil penalty of up to $1,000 (§ 7611).","covers":"Arrests and citations where no probable cause was found at arraignment, charges dismissed before trial (with or without prejudice), and acquittals, plus older non-conviction records by petition.","outcomes":["no_conviction"],"narrow":null,"eligible":["The court did not find probable cause at arraignment (13 V.S.A. § 7603(a)(1)(A)).","The charge was dismissed before trial, with or without prejudice (§ 7603(a)(1)(B)).","You were acquitted (§ 7603(a)(1)(C)).","Any other citation or arrest can be sealed at any time by petition if the court finds sealing serves the interests of justice, or if the parties stipulate (§ 7603(g))."],"not_eligible":["Automatic sealing does not happen if either party objects in the interests of justice; the court then holds a hearing (§ 7603(a)-(b))."],"waiting_periods":[{"record":"No probable cause, dismissal before trial, or acquittal","wait":"None; the court seals it within 60 days after the final disposition","detail":"Unless either party objects (§ 7603(a)(1)). VTLawHelp suggests checking your record about 75 days after the whole case ends."},{"record":"Older non-conviction records, or other outcomes","wait":"None; petition at any time","detail":"§ 7603(g)."}],"automatic":"yes","automatic_detail":"The court must issue the sealing order on its own within 60 days after the final disposition unless either party objects (13 V.S.A. § 7603(a)). Court-ordered sealing of non-conviction records without a petition began when Act 178 of 2018 took effect on July 1, 2018; the current 60-day rule is the version as amended through Act 60 of 2025. VTLawHelp says charges dismissed before July 1, 2018 need a petition.","how_to_file":["For a recent case, nothing to file. Check your record about 75 days after the whole case ends, and ask the court if the charge still appears (VTLawHelp).","For older records, or if a party objected, file the Petition to Seal Criminal History (200-00130) with the court, or a stipulation with the prosecutor. One petition can cover all such charges from one county (VTLawHelp)."],"where":"The Criminal Division of the Superior Court that handled the case.","forms":[{"name":"Petition to Seal Criminal History (200-00130)","url":"https://www.vtcourts.gov/media/114"},{"name":"Stipulation to Seal Criminal History Record + Order (200-00132)","url":"https://www.vtcourts.gov/media/10142"}],"cost":{"filing_fee_usd":0,"detail":"No filing fee (Vermont Judiciary).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"Within 60 days after the final disposition, unless a party objects (§ 7603(a)).","statute":{"cite":"13 V.S.A. § 7603","url":"https://legislature.vermont.gov/statutes/section/13/230/07603"},"sources":[{"url":"https://legislature.vermont.gov/statutes/section/13/230/07603","title":"13 V.S.A. § 7603. Sealing of record, no conviction; procedure","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2018/Docs/ACTS/ACT178/ACT178%20As%20Enacted.pdf","title":"Act No. 178 (S.173) of 2018, An act relating to sealing criminal history records when there is no conviction (effective July 1, 2018)","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/fullchapter/13/230","title":"13 V.S.A. chapter 230, Expungement and Sealing of Criminal History Records (§§ 7601-7611), full text including the 2026 session","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://www.vtcourts.gov/criminal/expungement","title":"Expunging and Sealing Criminal Records","publisher":"Vermont Judiciary","accessed":"2026-10-22"},{"url":"https://vtlawhelp.org/expungement","title":"Seal or Expunge Your Vermont Criminal Record (updated March 15, 2026)","publisher":"VTLawHelp.org (Vermont Legal Aid and Legal Services Vermont)","accessed":"2026-10-22"}]},{"id":"deferred-sentence-diversion-expungement","name":"Expungement after a deferred sentence or court diversion","type":"expungement","effect":"After a deferred sentence, the court strikes the guilty finding and orders all records of the arrest, charge, adjudication of guilt, proceedings and probation expunged; agencies then reply that no record exists (13 V.S.A. § 7041(e)); for deferred sentences for sex offenses that require registration, the Vermont Crime Information Center keeps a confidential special index (§ 7041(h)). After post-charge diversion, the court expunges court files, law enforcement records, fingerprints and photographs, except the diversion program's own central file (3 V.S.A. § 164(f)(5)). After pre-charge diversion completed on or after July 1, 2025, public records held by the diversion program, police and prosecutor are deleted and the matter is treated as never having occurred, though nonpublic law enforcement databases may keep it for criminal justice purposes (§ 164(f)(1)-(4)).","covers":"Cases that ended with a completed deferred sentence, or with successful completion of the adult court diversion program before or after charges were filed.","outcomes":["diversion"],"narrow":null,"eligible":["Deferred sentence: you fulfilled the terms of probation and the deferred sentence agreement and were discharged, and restitution is paid in full (13 V.S.A. § 7041(e)).","Post-charge diversion: 2 years have passed since you successfully completed the program, you have no new felony or misdemeanor conviction in that time and none pending, and you owe no restitution in the case (3 V.S.A. § 164(f)(5)).","Pre-charge diversion: you completed it on or after July 1, 2025, including paying restitution (§ 164(f)(1), (4))."],"not_eligible":["A deferred sentence record is not expunged if the court finds good cause not to, or until restitution is paid (§ 7041(e)).","Diversion records are not expunged if you have a new conviction or pending charge within the 2 years, or owe restitution (§ 164(f)(5))."],"waiting_periods":[{"record":"Completed deferred sentence","wait":"None; at discharge from probation","detail":"Restitution must be paid in full (§ 7041(e))."},{"record":"Completed post-charge court diversion","wait":"2 years after successful completion","detail":"Within 30 days after the two-year anniversary, the court gives notice that it intends to expunge, and the State's Attorney may ask for a hearing (§ 164(f)(5))."},{"record":"Completed pre-charge diversion (on or after July 1, 2025)","wait":"About 2 years after completion is reported","detail":"The Attorney General gives notice to delete records within 30 days after the two-year anniversary (§ 164(f)(1))."}],"automatic":"yes","automatic_detail":"No petition is required. For a deferred sentence, the court orders expungement on discharge. For post-charge diversion, the court gives notice of its intent to expunge 2 years after completion, and the State's Attorney may ask for a hearing. Post-charge diversion records sealed before July 1, 2018 can be expunged unless the prosecutor objects (§ 164(f)(6)).","how_to_file":["Nothing to file in most cases. If your deferred sentence or diversion record still appears, contact the court that handled the case.","If restitution is still owed, pay it or ask the court about it; expungement waits until restitution is paid."],"where":"The Criminal Division of the Superior Court that handled the case; the Attorney General's office for pre-charge diversion records.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No filing for automatic expungement. Diversion programs may charge a participant fee of up to $300 based on ability to pay (3 V.S.A. § 164).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"Deferred sentence: at discharge. Post-charge diversion: about 2 years after completion. Pre-charge diversion: about 2 years after completion is reported.","statute":{"cite":"13 V.S.A. § 7041(e); 3 V.S.A. § 164(f)","url":"https://legislature.vermont.gov/statutes/section/13/221/07041"},"sources":[{"url":"https://legislature.vermont.gov/statutes/section/13/221/07041","title":"13 V.S.A. § 7041. Deferred sentence","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/03/007/00164","title":"3 V.S.A. § 164. Adult court diversion program (subsection (f): records deletion and expungement)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"}]},{"id":"limited-relief-certificate","name":"Order of limited relief or certificate of restoration of rights","type":"certificate","effect":"These court orders do not seal or erase the record. They lift mandatory legal penalties tied to a conviction (collateral consequences): an order of limited relief lifts specific penalties related to employment, education, housing, public benefits or occupational licensing, and a certificate of restoration of rights lifts all mandatory penalties except those excluded. A decision-maker may still consider the underlying conduct, and an employer, landlord or school can use the order or certificate as evidence of due care if later sued for negligence (13 V.S.A. §§ 8010, 8011, 8014).","covers":"Any conviction, for relief from mandatory penalties that come with it, other than the excluded ones below.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Order of limited relief: at any time, if you show it would materially help you get or keep a job, education, housing, benefits or a license, that you have a substantial need for it to live a law-abiding life, and that it would not pose an unreasonable risk to public safety (§ 8010).","Certificate of restoration of rights: at least 5 years after your most recent conviction anywhere, or after release from incarceration, whichever is later, if you are working, in training, education or a rehabilitative program, or otherwise have lawful support; are complying with any sentence; have no pending charge; and pose no unreasonable risk (§ 8011)."],"not_eligible":["Sex offender registration requirements, driver's license sanctions under Title 23, and ineligibility for law enforcement or corrections jobs can't be lifted (§ 8012(a)).","Penalties tied to a listed-crime conviction or a drug trafficking conviction can't be lifted (§ 8012(b))."],"waiting_periods":[{"record":"Order of limited relief","wait":"None","detail":"Can be requested at or before sentencing or any time after (§ 8010(a))."},{"record":"Certificate of restoration of rights","wait":"5 years after the most recent conviction or release from incarceration, whichever is later","detail":"§ 8011(a)."}],"automatic":"no","automatic_detail":null,"how_to_file":["File a petition with the sentencing court (before sentencing) or the Superior Court (after sentencing), and give notice to the prosecutor's office (§§ 8010(a), 8011(a)).","The court reviews your record, any victim or prosecutor filing and other evidence; you must prove the requirements by a preponderance of the evidence. If the petition is denied, the court can bar a new petition for up to 5 years (§ 8013)."],"where":"The sentencing court or the Superior Court.","forms":[],"cost":{"filing_fee_usd":null,"detail":"We did not confirm a fee. A petition filed after sentencing is treated as a postjudgment motion (§ 8010(a)), and the court fee law sets $90 for postjudgment motions in the Criminal Division (32 V.S.A. § 1431(e)); ask the clerk.","fee_waiver":"yes","fee_waiver_detail":"The court can waive filing fees for people who can't afford them (32 V.S.A. § 1431(h))."},"hearing":"sometimes","timeline":null,"statute":{"cite":"13 V.S.A. §§ 8010-8014","url":"https://legislature.vermont.gov/statutes/fullchapter/13/231"},"sources":[{"url":"https://legislature.vermont.gov/statutes/fullchapter/13/231","title":"13 V.S.A. chapter 231, Uniform Collateral Consequences of Conviction (§§ 8001-8017)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/32/017/01431","title":"32 V.S.A. § 1431. Fees in Supreme and Superior Courts (subsection (e): $90 fee for sealing a DUI)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://vtlawhelp.org/expungement","title":"Seal or Expunge Your Vermont Criminal Record (updated March 15, 2026)","publisher":"VTLawHelp.org (Vermont Legal Aid and Legal Services Vermont)","accessed":"2026-10-22"}]}],"clean_slate":{"status":"partial","effective":null,"detail":"Vermont has no Clean Slate law for convictions; sealing a conviction requires a petition or a stipulation with the prosecutor, and we found no 2026 law changing chapter 230. Several kinds of records are cleared without a petition: the court must seal charges ending in no probable cause, dismissal before trial or acquittal within 60 days unless a party objects (13 V.S.A. § 7603(a); court-ordered sealing without a petition began July 1, 2018 under Act 178 of 2018); completed deferred sentences are expunged on discharge (13 V.S.A. § 7041(e)); post-charge diversion is expunged on the court's notice 2 years after completion, and pre-charge diversion records are deleted for completions on or after July 1, 2025 (3 V.S.A. § 164(f)); and Act 167 of 2020 ordered the courts to expunge all records of 18 V.S.A. § 4230(a)(1) marijuana violations that occurred before January 1, 2021, with the process to be completed by January 1, 2022. Act 60 also added automatic expungement of municipal violation records 2 years after the judgment is satisfied, if there is no new municipal violation in that time (for violations on or after July 1, 2025; violations of planning and zoning rules under 24 V.S.A. chapter 117 are excluded) (24 V.S.A. § 2296b), and certain motor vehicle violations, such as driving without a license, registration or insurance, that occur on or after July 1, 2021 are expunged 2 years after the judgment is satisfied (23 V.S.A. § 2303, as amended by Act 60).","sources":[{"url":"https://legislature.vermont.gov/statutes/section/13/230/07603","title":"13 V.S.A. § 7603. Sealing of record, no conviction; procedure","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2018/Docs/ACTS/ACT178/ACT178%20As%20Enacted.pdf","title":"Act No. 178 (S.173) of 2018, An act relating to sealing criminal history records when there is no conviction (effective July 1, 2018)","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/221/07041","title":"13 V.S.A. § 7041. Deferred sentence","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/03/007/00164","title":"3 V.S.A. § 164. Adult court diversion program (subsection (f): records deletion and expungement)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2020/Docs/ACTS/ACT167/ACT167%20As%20Enacted.pdf","title":"Act No. 167 (S.234) of 2020, An act relating to miscellaneous judiciary procedures, Sec. 31 (expungement of marijuana criminal history records)","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT060/ACT060%20As%20Enacted.pdf","title":"Act No. 60 (S.12) of 2025, An act relating to sealing criminal history records, as enacted (effective July 1, 2025)","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT060/ACT060%20Act%20Summary.pdf","title":"Act No. 60 (S.12) Act Summary, Office of Legislative Counsel","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://vtlawhelp.org/expungement","title":"Seal or Expunge Your Vermont Criminal Record (updated March 15, 2026)","publisher":"VTLawHelp.org (Vermont Legal Aid and Legal Services Vermont)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/bill/acts-affecting-statutes/2026","title":"Acts Affecting Vermont Statutes, Regular Session 2025-2026","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/24/061/02296b","title":"24 V.S.A. § 2296b. Expungement of municipal violation records","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/23/024/02303","title":"23 V.S.A. § 2303. Expungement of violation records","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"}]},"marijuana":{"detail":"Act 167 of 2020, Sec. 31, required the courts to expunge criminal history records of violations of 18 V.S.A. § 4230(a)(1) (the lowest-level marijuana possession and cultivation offense at the time) that occurred before January 1, 2021, with the process completed by January 1, 2022. Orders were to be mailed to the person's last known address, and since January 1, 2021 a person with such a record need not acknowledge it and may deny it even without an order. VTLawHelp says to contact the county criminal court if you did not get an order. Other marijuana convictions for conduct that is no longer a crime can be expunged by petition once the sentence is complete (13 V.S.A. § 7602(a)(1), (b)), and remaining marijuana offenses under 18 V.S.A. § 4230(a) and (b) are qualifying felonies or misdemeanors for sealing (§ 7601(4)(B)(iii)). Act 176 of 2026 (signed June 18, 2026) raised the amount adults 21 and older may legally possess from one ounce to two ounces of cannabis and from five to 10 grams of hashish, and amended the possession penalties in 18 V.S.A. § 4230, effective July 1, 2026 (18 V.S.A. § 4230a). We did not determine whether this makes any past conviction eligible for expungement as conduct that is no longer a crime.","sources":[{"url":"https://legislature.vermont.gov/Documents/2020/Docs/ACTS/ACT167/ACT167%20As%20Enacted.pdf","title":"Act No. 167 (S.234) of 2020, An act relating to miscellaneous judiciary procedures, Sec. 31 (expungement of marijuana criminal history records)","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/fullchapter/13/230","title":"13 V.S.A. chapter 230, Expungement and Sealing of Criminal History Records (§§ 7601-7611), full text including the 2026 session","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/18/084/04230","title":"18 V.S.A. § 4230. Cannabis (amended by 2025, No. 176 (Adj. Sess.), effective July 1, 2026)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/18/084/04230a","title":"18 V.S.A. § 4230a. Cannabis possession by a person 21 years of age or older (amended by 2025, No. 176 (Adj. Sess.), effective July 1, 2026)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT176/ACT176%20As%20Enacted.pdf","title":"Act No. 176 (S.278) of 2026, An act relating to cannabis, as enacted (signed June 18, 2026; Secs. 3-4 effective July 1, 2026)","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://vtlawhelp.org/expungement","title":"Seal or Expunge Your Vermont Criminal Record (updated March 15, 2026)","publisher":"VTLawHelp.org (Vermont Legal Aid and Legal Services Vermont)","accessed":"2026-10-22"}]},"non_conviction":{"detail":"When the court finds no probable cause at arraignment, a charge is dismissed before trial (with or without prejudice), or a person is acquitted, the court must seal the record within 60 days after the final disposition unless either party objects in the interests of justice; an objection leads to a hearing (13 V.S.A. § 7603(a)-(b)). Any citation or arrest can also be sealed by petition at any time if sealing serves the interests of justice or the parties agree (§ 7603(g)); Court-ordered sealing without a petition began July 1, 2018 (Act 178 of 2018), and VTLawHelp says charges dismissed before that date need a petition. Completed deferred sentences and court diversion are expunged without a petition (13 V.S.A. § 7041(e); 3 V.S.A. § 164(f)). There is no filing fee.","sources":[{"url":"https://legislature.vermont.gov/statutes/section/13/230/07603","title":"13 V.S.A. § 7603. Sealing of record, no conviction; procedure","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2018/Docs/ACTS/ACT178/ACT178%20As%20Enacted.pdf","title":"Act No. 178 (S.173) of 2018, An act relating to sealing criminal history records when there is no conviction (effective July 1, 2018)","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/221/07041","title":"13 V.S.A. § 7041. Deferred sentence","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/03/007/00164","title":"3 V.S.A. § 164. Adult court diversion program (subsection (f): records deletion and expungement)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://www.vtcourts.gov/criminal/expungement","title":"Expunging and Sealing Criminal Records","publisher":"Vermont Judiciary","accessed":"2026-10-22"},{"url":"https://vtlawhelp.org/expungement","title":"Seal or Expunge Your Vermont Criminal Record (updated March 15, 2026)","publisher":"VTLawHelp.org (Vermont Legal Aid and Legal Services Vermont)","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"A first or second DUI (maximum 2 years, so a misdemeanor) can be sealed 10 years after the sentence is completed, if restitution and surcharges are paid, you do not hold a commercial driver's license or permit, and the prosecutor does not show sealing would be contrary to the interests of justice (13 V.S.A. § 7602(e); 23 V.S.A. § 1210(b)-(c); 13 V.S.A. § 1). Filing costs $90 if the DUI was committed when you were 25 or older; the fee can be waived for inability to pay (32 V.S.A. § 1431(e), (h); Vermont Judiciary). A DUI committed before age 25 can instead be sealed under 33 V.S.A. § 5119(g) 2 years after final discharge, with no filing fee, if you have no listed-crime conviction in the prior 10 years and the court finds you rehabilitated. A third or later DUI is a felony (up to 5 years) that is not on the list of sealable felonies, and DUI causing death or serious bodily injury is a listed crime, so neither can be sealed under chapter 230 (23 V.S.A. § 1210(d), (f)-(g); 13 V.S.A. § 5301(7)(W)). Commercial license or permit holders can't seal offenses committed in a motor vehicle (§ 7602(a)(5)). A sealed DUI still counts as a prior offense if you are charged with DUI again (§ 7607(c)(4)).","sources":[{"url":"https://legislature.vermont.gov/statutes/fullchapter/13/230","title":"13 V.S.A. chapter 230, Expungement and Sealing of Criminal History Records (§§ 7601-7611), full text including the 2026 session","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/23/013/01210","title":"23 V.S.A. § 1210. Penalties (DUI)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/001/00001","title":"13 V.S.A. § 1. Felonies and misdemeanors defined","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/32/017/01431","title":"32 V.S.A. § 1431. Fees in Supreme and Superior Courts (subsection (e): $90 fee for sealing a DUI)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/33/051/05119","title":"33 V.S.A. § 5119. Sealing of records (subsection (g): crimes committed before age 25)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/165/05301","title":"13 V.S.A. § 5301. Definitions (subdivision (7): listed crimes)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://www.vtcourts.gov/criminal/expungement","title":"Expunging and Sealing Criminal Records","publisher":"Vermont Judiciary","accessed":"2026-10-22"}]},"employers":{"detail":"Vermont's ban-the-box law covers all employers with at least one person working for them in Vermont, public or private: an employer may not ask for criminal history on its initial application form, but may ask in an interview or once you are found otherwise qualified. Employers may ask on the application only when a federal or State law disqualifies people with certain convictions, and only about those offenses. If an employer asks, you must get a chance to explain, including rehabilitation; violations carry a civil penalty of up to $100 each (21 V.S.A. §§ 495d, 495j). After sealing or expungement, on applications for employment, licenses or civil rights you can be required to answer only about records that have not been sealed or expunged, and State entities that ask must tell you so (13 V.S.A. §§ 7606(b)(2), 7607(b)(2)). Law enforcement agencies can still see sealed records of people applying to be officers (§ 7607(c)(9)). An order of limited relief or certificate of restoration of rights can be offered as evidence of an employer's due care in hiring (13 V.S.A. § 8014). The Vermont Crime Information Center sells conviction reports to anyone online for $30.","sources":[{"url":"https://legislature.vermont.gov/statutes/section/21/005/00495j","title":"21 V.S.A. § 495j. Criminal history records; employment applications","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/21/005/00495d","title":"21 V.S.A. § 495d. Definitions (employer)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/fullchapter/13/230","title":"13 V.S.A. chapter 230, Expungement and Sealing of Criminal History Records (§§ 7601-7611), full text including the 2026 session","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/fullchapter/13/231","title":"13 V.S.A. chapter 231, Uniform Collateral Consequences of Conviction (§§ 8001-8017)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://vcic.vermont.gov/ch-information/record-checks","title":"Record Checks","publisher":"Vermont Crime Information Center (Department of Public Safety)","accessed":"2026-10-22"}]},"free_help":[{"name":"Vermont Judiciary: Expunging and Sealing Criminal Records","url":"https://www.vtcourts.gov/criminal/expungement","type":"court_self_help","detail":"Official rules, step-by-step instructions and forms; the Access and Resource Center answers questions at 802-879-1185 or selfhelp@vtcourts.gov."},{"name":"VTLawHelp.org: Seal or Expunge Your Vermont Criminal Record","url":"https://vtlawhelp.org/expungement","type":"legal_aid","detail":"Statewide legal aid guide with sample petitions and county-by-county tips for asking prosecutors to stipulate. Some sections predate the July 2025 changes, so check them against the statute."},{"name":"Vermont Crime Information Center: Record Checks","url":"https://vcic.vermont.gov/ch-information/record-checks","type":"state_agency","detail":"Get your Vermont conviction report online ($30) or a notarized copy by mail or in person in Waterbury."}],"sources":[{"url":"https://legislature.vermont.gov/statutes/fullchapter/13/230","title":"13 V.S.A. chapter 230, Expungement and Sealing of Criminal History Records (§§ 7601-7611), full text including the 2026 session","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/230/07603","title":"13 V.S.A. § 7603. Sealing of record, no conviction; procedure","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/33/051/05119","title":"33 V.S.A. § 5119. Sealing of records (subsection (g): crimes committed before age 25)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/165/05301","title":"13 V.S.A. § 5301. Definitions (subdivision (7): listed crimes)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/03/007/00164","title":"3 V.S.A. § 164. Adult court diversion program (subsection (f): records deletion and expungement)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/221/07041","title":"13 V.S.A. § 7041. Deferred sentence","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/223/07282","title":"13 V.S.A. § 7282. Surcharge (subsection (b): waiver in expungement or sealing proceedings)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/32/017/01431","title":"32 V.S.A. § 1431. Fees in Supreme and Superior Courts (subsection (e): $90 fee for sealing a DUI)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/23/013/01210","title":"23 V.S.A. § 1210. Penalties (DUI)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/13/001/00001","title":"13 V.S.A. § 1. Felonies and misdemeanors defined","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/21/005/00495j","title":"21 V.S.A. § 495j. Criminal history records; employment applications","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/21/005/00495d","title":"21 V.S.A. § 495d. Definitions (employer)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/fullchapter/13/231","title":"13 V.S.A. chapter 231, Uniform Collateral Consequences of Conviction (§§ 8001-8017)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/18/084/04230","title":"18 V.S.A. § 4230. Cannabis (amended by 2025, No. 176 (Adj. Sess.), effective July 1, 2026)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT060/ACT060%20As%20Enacted.pdf","title":"Act No. 60 (S.12) of 2025, An act relating to sealing criminal history records, as enacted (effective July 1, 2025)","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT060/ACT060%20Act%20Summary.pdf","title":"Act No. 60 (S.12) Act Summary, Office of Legislative Counsel","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/bill/status/2026/S.0012","title":"Bill Status S.12 (Act 60): signed by the Governor June 12, 2025","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2020/Docs/ACTS/ACT167/ACT167%20As%20Enacted.pdf","title":"Act No. 167 (S.234) of 2020, An act relating to miscellaneous judiciary procedures, Sec. 31 (expungement of marijuana criminal history records)","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/bill/acts-affecting-statutes/2026","title":"Acts Affecting Vermont Statutes, Regular Session 2025-2026","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://www.vtcourts.gov/criminal/expungement","title":"Expunging and Sealing Criminal Records","publisher":"Vermont Judiciary","accessed":"2026-10-22"},{"url":"https://vtlawhelp.org/expungement","title":"Seal or Expunge Your Vermont Criminal Record (updated March 15, 2026)","publisher":"VTLawHelp.org (Vermont Legal Aid and Legal Services Vermont)","accessed":"2026-10-22"},{"url":"https://vcic.vermont.gov/ch-information/record-checks","title":"Record Checks","publisher":"Vermont Crime Information Center (Department of Public Safety)","accessed":"2026-10-22"},{"url":"https://governor.vermont.gov/content/pardon-request","title":"Pardon Request","publisher":"Office of the Governor of Vermont","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2018/Docs/ACTS/ACT178/ACT178%20As%20Enacted.pdf","title":"Act No. 178 (S.173) of 2018, An act relating to sealing criminal history records when there is no conviction (effective July 1, 2018)","publisher":"Vermont General Assembly","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/24/061/02296b","title":"24 V.S.A. § 2296b. Expungement of municipal violation records","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/23/024/02303","title":"23 V.S.A. § 2303. Expungement of violation records","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/statutes/section/18/084/04230a","title":"18 V.S.A. § 4230a. Cannabis possession by a person 21 years of age or older (amended by 2025, No. 176 (Adj. Sess.), effective July 1, 2026)","publisher":"Vermont General Assembly (Vermont Statutes Online, unofficial copy)","accessed":"2026-10-22"},{"url":"https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT176/ACT176%20As%20Enacted.pdf","title":"Act No. 176 (S.278) of 2026, An act relating to cannabis, as enacted (signed June 18, 2026; Secs. 3-4 effective July 1, 2026)","publisher":"Vermont General Assembly","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"virginia","code":"VA","name":"Virginia","terms":["sealing","automatic sealing","petition sealing","expungement"],"summary":"Virginia's record sealing law took effect July 1, 2026, after the 2025 General Assembly pushed it back from 2025. Some records are sealed automatically: certain low-level misdemeanor convictions after 7 years, old marijuana possession charges and convictions, many misdemeanor acquittals and dismissals, and traffic infractions after 11 years. Many other misdemeanors and Class 5 and 6 felonies can be sealed by petition after 7 or 10 years, with no court filing fee. DUI, violent felonies, sex offenses and crimes against family members can't be sealed. Expungement, which predates the sealing law, still covers charges that didn't end in a conviction, and it expands on December 1, 2026.","remedies":[{"id":"automatic-conviction-sealing","name":"Automatic sealing of certain misdemeanor convictions","type":"sealing","effect":"Sealed records are not publicly available but are not destroyed. The Central Criminal Records Exchange, courts, law enforcement and the DMV may share them only for purposes listed in the statute, including some employment checks. Virginia agencies, private employers not subject to federal hiring rules, and schools may not require applicants to disclose sealed offenses, with exceptions such as police and sheriff applications and inquiries required by state or federal law (Va. Code § 19.2-392.15). Sealing does not restore civil or firearm rights, and fines, costs and restitution are still owed (Virginia State Crime Commission).","covers":"Convictions for petit larceny, shoplifting, trespass offenses, misdemeanor marijuana distribution and disorderly conduct, plus all former marijuana possession charges and convictions and old non-criminal traffic infractions.","outcomes":["no_conviction","misdemeanor"],"narrow":"Listed minor offenses and marijuana possession","eligible":["Convictions with an offense date on or after January 1, 1986 for: a misdemeanor violation of § 18.2-96 (petit larceny) or § 18.2-103 (shoplifting); § 18.2-119, 18.2-120 or 18.2-134 (trespass offenses); a misdemeanor violation of § 18.2-248.1 (marijuana distribution); or § 18.2-415 (disorderly conduct) (Va. Code § 19.2-392.6(A)).","Seven years must have passed since the conviction with no conviction during that time for any Virginia offense reportable to the Central Criminal Records Exchange, or any offense in another state or federal court (traffic infractions don't count) (§ 19.2-392.6(B)).","All criminal and civil charges and convictions for possession of marijuana under former § 18.2-250.1, no matter when the case ended (§ 19.2-392.6:1).","Traffic infractions under Title 46.2 that aren't punishable as a criminal offense, with an offense date on or after January 1, 1986, are deemed sealed 11 years after final disposition, unless federal or state law prohibits it (Va. Code § 19.2-392.17)."],"not_eligible":["An eligible misdemeanor conviction if, on the same date, the person was also convicted of an offense that isn't on the automatic list (§ 19.2-392.6(C)).","Offenses that were never reported to the Central Criminal Records Exchange (for example, because fingerprints weren't taken); use the 'automatic petition' process instead.","The DMV won't seal a marijuana record if doing so would violate federal record-retention or federal program rules (§ 19.2-392.6:1(B))."],"waiting_periods":[{"record":"Listed misdemeanor conviction","wait":"7 years after the conviction","detail":"No new reportable conviction during the 7 years."},{"record":"Former marijuana possession (§ 18.2-250.1) charge or conviction","wait":"None","detail":"Sealed regardless of when the case ended."},{"record":"Traffic infraction","wait":"11 years after final disposition","detail":"Va. Code § 19.2-392.17. The DMV won't seal an infraction where federal record-retention or program rules forbid it, or while a Driver Improvement Program suspension order is less than two years past compliance."}],"automatic":"yes","automatic_detail":"The State Police review the criminal records exchange monthly, send lists of eligible offenses to the Office of the Executive Secretary, which forwards them to circuit court clerks; a judge orders sealing and the clerk notifies the State Police (Va. Code § 19.2-392.7). The State Police had until October 1, 2026 to send the first list. People generally aren't notified when an offense is sealed automatically.","how_to_file":["Nothing to file. To check, request your criminal history from the Virginia State Police or ask the clerk of the court that decided the case.","If an eligible conviction wasn't sealed, file an 'automatic petition' under § 19.2-392.12:1 (form CC-1203)."],"where":"Automatic through the Virginia State Police, the Office of the Executive Secretary and circuit court clerks.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No fee; nothing is filed.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":"Monthly State Police review; first list due by October 1, 2026 (Virginia State Crime Commission).","statute":{"cite":"Va. Code §§ 19.2-392.6, 19.2-392.6:1, 19.2-392.7, 19.2-392.17","url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.6/"},"sources":[{"url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.6/","title":"Va. Code § 19.2-392.6","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://law.lis.virginia.gov/vacodefull/title19.2/chapter23.2/","title":"Va. Code Title 19.2, Chapter 23.2 (Sealing of Criminal Records), full text","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/sealingfaqs.asp","title":"Sealing FAQs","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/Annual Reports/2025 VSCC Annual Report - Sealing of Criminal Records Update.pdf","title":"2025 Annual Report: Sealing of Criminal Records Update","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"}]},{"id":"automatic-nonconviction-sealing","name":"Automatic sealing of acquittals and dismissals","type":"sealing","effect":"Same effect as other sealing: records are kept but not public, and Virginia employers covered by § 19.2-392.15 may not require disclosure.","covers":"Misdemeanor and felony acquittals and dismissals with prejudice, and older misdemeanor charges that didn't end in conviction.","outcomes":["no_conviction"],"narrow":null,"eligible":["For cases ending on or after July 1, 2026, misdemeanor acquittals and dismissals with prejudice are sealed when the case ends, unless the person objects (Va. Code § 19.2-392.8).","For cases ending on or after July 1, 2026, felony acquittals and dismissals with prejudice are sealed when the case ends if the person asks out loud and the Commonwealth's Attorney agrees (§ 19.2-392.8).","Previously concluded misdemeanor charges that didn't end in conviction, with an offense date on or after January 1, 1986, if the person has no convictions and no reportable arrests or charges in the past 3 years; the State Police review these once a year (§ 19.2-392.11)."],"not_eligible":["Nolle prosequi (prosecutor drops the charge) and dismissals without prejudice are not sealed at case conclusion. Misdemeanor ones can later be sealed in the State Police annual review (§ 19.2-392.11), and any of them can be expunged by petition under § 19.2-392.2.","Charges deferred and dismissed after the court found facts sufficient for guilt aren't covered by the annual review (§ 19.2-392.11); petition sealing covers deferred dismissals."],"waiting_periods":[{"record":"Misdemeanor or felony acquittal or dismissal with prejudice","wait":"None","detail":"Sealed at the end of the case (felonies only on request with the prosecutor's agreement)."},{"record":"Older misdemeanor non-conviction","wait":"No reportable arrests or charges in the past 3 years","detail":"Reviewed annually by the State Police."}],"automatic":"some","automatic_detail":"Misdemeanor acquittals and dismissals with prejudice are sealed automatically unless the person objects; felony ones need the person's oral request and the Commonwealth's Attorney's agreement.","how_to_file":["For a felony acquittal or dismissal with prejudice, ask the judge at the end of the case to seal it.","For other non-convictions, petition for expungement under § 19.2-392.2."],"where":"The court handling the case (at its conclusion), or automatically through the State Police annual review.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No fee.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"no","timeline":null,"statute":{"cite":"Va. Code §§ 19.2-392.8, 19.2-392.11","url":"https://law.lis.virginia.gov/vacodefull/title19.2/chapter23.2/"},"sources":[{"url":"https://law.lis.virginia.gov/vacodefull/title19.2/chapter23.2/","title":"Va. Code Title 19.2, Chapter 23.2, full text","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/sealingfaqs.asp","title":"Sealing FAQs","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"}]},{"id":"petition-sealing","name":"Petition sealing","type":"sealing","effect":"Same effect as automatic sealing: the record is not public, is shared only for purposes listed in the statute, and covered employers may not require disclosure (Va. Code § 19.2-392.15). It does not restore civil or firearm rights.","covers":"Most misdemeanors, Class 5 and 6 felonies, grand larceny and other larceny-type felonies, and deferred dismissals, with many exclusions.","outcomes":["diversion","misdemeanor","felony"],"narrow":null,"eligible":["Misdemeanors, Class 5 or 6 felonies, felonies punishable as larceny under § 18.2-95, and deferred dismissals, with an offense date on or after January 1, 1986 (Va. Code § 19.2-392.12(A)).","Never convicted of a Class 1 or 2 felony (or a felony punishable by life), no Class 3 or 4 felony conviction in the past 20 years, and no other felony conviction in the past 10 years.","No reportable conviction in Virginia, or conviction elsewhere, during the waiting period (traffic infractions don't count).","For alcohol- or drug-related offenses, a showing of rehabilitation.","Any court-ordered restitution paid in full.","The court must find that keeping the record available causes or may cause a 'manifest injustice' to the petitioner.","Charges in one petition must come from the same transaction or occurrence."],"not_eligible":["Class 1 through 4 felonies and unclassified felonies other than larceny-type felonies.","DUI and related offenses: § 18.2-266 (DWI), § 18.2-266.1 (under 21 after drinking), § 18.2-268.3 (refusal), DUI-related involuntary manslaughter, boating and aircraft under the influence, and commercial-vehicle DUI and refusal (§ 19.2-392.12(L)).","Offenses requiring sex offender registration and violent felonies listed in § 17.1-805(C).","Felonies involving a firearm, unless firearm rights were restored.","Protective order violations, hate crimes, and any offense where the victim was a family or household member.","Animal cruelty, election law violations, certain drug offenses, and offenses ending in not guilty by reason of insanity.","Conspiracy, attempt or solicitation to commit an ineligible offense.","Anyone who already has two petitions granted under this section (lifetime limit)."],"waiting_periods":[{"record":"Misdemeanor conviction or deferred dismissal","wait":"7 years","detail":"Runs from the latest of the dismissal of a deferred charge, the conviction, release from incarceration, or a probation or parole violation finding (and release)."},{"record":"Class 5 or 6 felony or larceny-type felony","wait":"10 years","detail":"Same starting points. No Class 3 or 4 felony conviction in the past 20 years."}],"automatic":"no","automatic_detail":null,"how_to_file":["Fill out form CC-1201 (and the CC-1201(A) addendum if needed) with the arrest date, arresting agency, case numbers and disposition dates, and attach the warrant, summons or indictment if you can get it.","File in the circuit court of the county or city where the case ended.","After filing, ask the Virginia State Police to send your criminal history record to the court, online through the State Police portal or in writing. Fingerprints aren't required.","Deliver a copy of the petition to the Commonwealth's Attorney by hand or mail to avoid service fees. The Commonwealth's Attorney has 30 days to object or say there's no objection.","The court may grant without a hearing if the Commonwealth's Attorney doesn't object in writing and agrees you're eligible; otherwise it may hold a hearing. Either side can appeal."],"where":"Circuit court of the county or city where the case was disposed of.","forms":[{"name":"CC-1201, Petition for Sealing Pursuant to Va. Code § 19.2-392.12","url":"https://www.vacourts.gov/static/forms/circuit/crim_sealing/cc1201.pdf"},{"name":"CC-1201(A), Addendum to Petition for Sealing","url":"https://www.vacourts.gov/static/forms/circuit/crim_sealing/cc1201a.pdf"},{"name":"Instructions for CC-1201","url":"https://www.vacourts.gov/static/forms/circuit/crim_sealing/cc1201inst.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No court fees or costs to file (Va. Code § 19.2-392.12(B)). Other costs can apply, such as for the State Police record, notarizing, or having the petition served.","fee_waiver":"not_stated","fee_waiver_detail":"No court filing fee applies, so no waiver is needed for filing. The 2025 law removed provisions for court-appointed counsel; courts can't appoint a lawyer."},"hearing":"sometimes","timeline":"The Commonwealth's Attorney has 30 days to respond after receiving the petition.","statute":{"cite":"Va. Code § 19.2-392.12","url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.12/"},"sources":[{"url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.12/","title":"Va. Code § 19.2-392.12","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/Sealing/Petition%20Sealing%20-%20Ineligible%20and%20Excluded%20Offenses%20as%20of%207-2025.pdf","title":"Petition Sealing: Ineligible and Excluded Offenses (as of 7/1/25)","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"},{"url":"https://vsp.virginia.gov/petition-based-record-sealing/","title":"Sealing of Criminal Records","publisher":"Virginia State Police","accessed":"2026-10-21"},{"url":"https://www.vacourts.gov/forms/circuit/crim_sealing","title":"Circuit Court Criminal Sealing Forms","publisher":"Virginia's Judicial System","accessed":"2026-10-21"},{"url":"https://virginialawyer.vsb.org/articles/the-wait-to-seal-virginia-s-new-record-sealing-law-nears-implementation","title":"The Wait to Seal: Virginia's New Record Sealing Law Nears Implementation (Virginia Lawyer, December 2025)","publisher":"Virginia State Bar","accessed":"2026-10-21"}]},{"id":"automatic-petition-sealing","name":"\"Automatic petition\" sealing","type":"sealing","effect":"Same effect as other sealing. Despite the name, you file a petition; the court must seal if the conditions are met.","covers":"Nine listed low-level offenses (such as petit larceny, shoplifting, trespass, underage alcohol possession, drug paraphernalia and disorderly conduct), and related matters for offenses already sealed automatically.","outcomes":["diversion","misdemeanor"],"narrow":"Nine listed low-level offenses only","eligible":["Convictions or deferred dismissals for § 4.1-305; misdemeanor § 18.2-96 or § 18.2-103; § 18.2-119, 18.2-120 or 18.2-134; misdemeanor § 18.2-248.1; § 18.2-265.3(A); or § 18.2-415, with an offense date on or after January 1, 1986 (Va. Code § 19.2-392.12:1(A)).","Seven years since the conviction or deferred dismissal, with no reportable conviction during that time (traffic infractions don't count).","Related ('ancillary') matters tied to an offense already sealed automatically, with no waiting period (§ 19.2-392.12:1(B)).","No lifetime limit; these petitions don't count toward the two-petition limit for regular petition sealing."],"not_eligible":["A matter finalized on the same date as an ineligible conviction or deferred dismissal."],"waiting_periods":[{"record":"Listed offense conviction or deferred dismissal","wait":"7 years","detail":null},{"record":"Ancillary matter for an already sealed offense","wait":"None","detail":null}],"automatic":"no","automatic_detail":"Despite its name, this process requires a petition. It's a backstop for records that should have been sealed automatically but weren't.","how_to_file":["Fill out form CC-1203 and the CC-1203(A) or CC-1203(B) addendum.","File in the circuit court where the case ended and ask the State Police to send your record to the court.","Deliver a copy to the Commonwealth's Attorney, who may object within 30 days."],"where":"Circuit court of the county or city where the case was disposed of.","forms":[{"name":"CC-1203, Petition for Sealing Pursuant to Va. Code § 19.2-392.12:1(A) and/or (B)","url":"https://www.vacourts.gov/static/forms/circuit/crim_sealing/cc1203.pdf"},{"name":"CC-1203(A), Addendum (subsection A)","url":"https://www.vacourts.gov/static/forms/circuit/crim_sealing/cc1203a.pdf"},{"name":"CC-1203(B), Addendum (subsection B)","url":"https://www.vacourts.gov/static/forms/circuit/crim_sealing/cc1203b.pdf"},{"name":"Instructions for CC-1203","url":"https://www.vacourts.gov/static/forms/circuit/crim_sealing/cc1203inst.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No court fees or costs to file (Va. Code § 19.2-392.12:1).","fee_waiver":"not_stated","fee_waiver_detail":"No court filing fee applies, so no waiver is needed for filing."},"hearing":"sometimes","timeline":null,"statute":{"cite":"Va. Code § 19.2-392.12:1","url":"https://law.lis.virginia.gov/vacode/19.2-392.12:1/"},"sources":[{"url":"https://law.lis.virginia.gov/vacode/19.2-392.12:1/","title":"Va. Code § 19.2-392.12:1","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://vsp.virginia.gov/petition-based-record-sealing/","title":"Sealing of Criminal Records","publisher":"Virginia State Police","accessed":"2026-10-21"},{"url":"https://www.vacourts.gov/forms/circuit/crim_sealing","title":"Circuit Court Criminal Sealing Forms","publisher":"Virginia's Judicial System","accessed":"2026-10-21"}]},{"id":"expungement","name":"Expungement of police and court records","type":"expungement","effect":"Police and court records of the charge are expunged and the order is sealed. Employers and schools may not require applicants to disclose expunged arrests or charges, and applicants for licenses, permits or government services may decline to disclose them; willful violations are a Class 1 misdemeanor (Va. Code § 19.2-392.4).","covers":"Charges that ended in acquittal, nolle prosequi or dismissal, and records created through identity theft.","outcomes":["no_conviction"],"narrow":null,"eligible":["Acquittals, nolle prosequi, and dismissals, including dismissal by accord and satisfaction (Va. Code § 19.2-392.2(A)).","People whose name or identity was used without consent by someone else who was charged.","A person with no prior criminal record who was arrested for a misdemeanor or charged with a civil offense is entitled to expungement unless the Commonwealth shows good cause otherwise.","Starting December 1, 2026 (2026 Acts ch. 1127, SB 230): anyone arrested, charged, summonsed or indicted who was not ultimately convicted, except where there was a stipulation of facts sufficient for guilt or the court found facts sufficient for guilt and deferred the case."],"not_eligible":["Convictions (use sealing instead).","Deferred dispositions where the court found facts sufficient for guilt (petition sealing covers deferred dismissals)."],"waiting_periods":[{"record":"Acquittal, nolle prosequi or dismissal","wait":"None","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a petition in the circuit court of the county or city where the case ended, with the charging document if available, the arrest date and agency, the charge, the final disposition date, your date of birth and the name used at arrest.","Ask the Central Criminal Records Exchange (State Police) to send your Virginia criminal history to the court.","Serve the Commonwealth's Attorney, who has 21 days to object or answer.","The court holds a hearing, unless the Commonwealth's Attorney gives written notice of no objection (and, for a felony charge, also stipulates that the standard is met); then the court may grant without one."],"where":"Circuit court of the county or city where the case was disposed of.","forms":[],"cost":{"filing_fee_usd":0,"detail":"No court fees or costs for filing (Va. Code § 19.2-392.2).","fee_waiver":"not_stated","fee_waiver_detail":"No court filing fee applies, so no waiver is needed for filing."},"hearing":"sometimes","timeline":"The Commonwealth's Attorney has 21 days after service to respond.","statute":{"cite":"Va. Code § 19.2-392.2","url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.2/"},"sources":[{"url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.2/","title":"Va. Code § 19.2-392.2 (versions effective until and after December 1, 2026)","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.4/","title":"Va. Code § 19.2-392.4","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/sealing.asp","title":"Sealing of Criminal Records","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"}]}],"clean_slate":{"status":"in_effect","effective":"2026-07-01","detail":"Virginia enacted automatic and petition sealing in 2021 (Va. Code § 19.2-392.5 et seq.). The 2025 General Assembly (SB 1466 and HB 2723, 2025 Acts chs. 634 and 671) reworked it and moved most provisions to July 1, 2026, to give courts and the State Police time to build the systems. Automatic sealing now covers listed misdemeanor convictions after 7 years, former marijuana possession, misdemeanor acquittals and dismissals with prejudice, older misdemeanor non-convictions, and traffic infractions after 11 years. The State Police had until October 1, 2026 to send the first list of convictions eligible for automatic sealing, so some eligible records may not show as sealed yet.","sources":[{"url":"https://vscc.virginia.gov/Annual Reports/2025 VSCC Annual Report - Sealing of Criminal Records Update.pdf","title":"2025 Annual Report: Sealing of Criminal Records Update","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"},{"url":"https://vsp.virginia.gov/petition-based-record-sealing/","title":"Sealing of Criminal Records","publisher":"Virginia State Police","accessed":"2026-10-21"},{"url":"https://virginialawyer.vsb.org/articles/the-wait-to-seal-virginia-s-new-record-sealing-law-nears-implementation","title":"The Wait to Seal (Virginia Lawyer, December 2025)","publisher":"Virginia State Bar","accessed":"2026-10-21"},{"url":"https://law.lis.virginia.gov/vacodefull/title19.2/chapter23.2/","title":"Va. Code Title 19.2, Chapter 23.2","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"}]},"marijuana":{"detail":"All criminal and civil charges and convictions for marijuana possession under former § 18.2-250.1 are sealed automatically, no matter when the case ended (Va. Code § 19.2-392.6:1), except that the DMV won't seal where federal rules forbid it. Misdemeanor marijuana distribution convictions (§ 18.2-248.1) are sealed automatically 7 years after conviction if the person has no new reportable convictions (§ 19.2-392.6), and can also be sealed through the 'automatic petition' process (§ 19.2-392.12:1).","sources":[{"url":"https://law.lis.virginia.gov/vacodefull/title19.2/chapter23.2/","title":"Va. Code Title 19.2, Chapter 23.2 (§ 19.2-392.6:1)","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.6/","title":"Va. Code § 19.2-392.6","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/sealingfaqs.asp","title":"Sealing FAQs","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"}]},"non_conviction":{"detail":"Since July 1, 2026, misdemeanor acquittals and dismissals with prejudice are sealed automatically at the end of the case unless the person objects; felony acquittals and dismissals with prejudice are sealed if the person asks and the Commonwealth's Attorney agrees (Va. Code § 19.2-392.8). The State Police also review older misdemeanor non-convictions once a year and seal them if the person has no convictions and no reportable arrests or charges in the past 3 years (§ 19.2-392.11). Nolle prosequi and dismissals without prejudice aren't sealed at case conclusion; for those, and for any non-conviction, a person can petition for expungement under § 19.2-392.2, with no court fee. From December 1, 2026, expungement covers anyone not ultimately convicted (except where facts sufficient for guilt were found or stipulated), uses a 'potential manifest injustice' standard, and a prior conviction alone can't be the reason for denial (2026 Acts ch. 1127, SB 230).","sources":[{"url":"https://law.lis.virginia.gov/vacodefull/title19.2/chapter23.2/","title":"Va. Code Title 19.2, Chapter 23.2","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.2/","title":"Va. Code § 19.2-392.2","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/sealingfaqs.asp","title":"Sealing FAQs","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"}]},"dui":{"eligible":"no","detail":"DUI convictions can't be sealed in Virginia. § 18.2-266 (driving while intoxicated), § 18.2-266.1 (drivers under 21 after drinking), § 18.2-268.3 (refusal), DUI-related involuntary manslaughter, boating and aircraft under the influence, and commercial-vehicle DUI and refusal (§§ 46.2-341.24, 46.2-341.26:3) are all on the list of offenses ineligible for petition sealing (Va. Code § 19.2-392.12(L)), and DUI isn't on the automatic sealing list. The 2025 legislation added DUI-related offenses to the ineligible list. A DUI charge that ended in acquittal or dismissal can be sealed as a non-conviction or expunged under § 19.2-392.2.","sources":[{"url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.12/","title":"Va. Code § 19.2-392.12(L)","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/Sealing/Petition%20Sealing%20-%20Ineligible%20and%20Excluded%20Offenses%20as%20of%207-2025.pdf","title":"Petition Sealing: Ineligible and Excluded Offenses","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"},{"url":"https://virginialawyer.vsb.org/articles/the-wait-to-seal-virginia-s-new-record-sealing-law-nears-implementation","title":"The Wait to Seal (Virginia Lawyer, December 2025)","publisher":"Virginia State Bar","accessed":"2026-10-21"}]},"employers":{"detail":"State and local agencies, private employers not subject to federal hiring rules, and educational institutions may not require applicants to disclose sealed arrests, charges or convictions (Va. Code § 19.2-392.15(A)). Exceptions include applications to the State Police, police departments and sheriff's offices, inquiries required by Virginia or federal law, and positions with national security requirements. Similar protections apply to license, housing and insurance applications. Employers and schools also may not require disclosure of expunged records, and willful violations are a Class 1 misdemeanor (§ 19.2-392.4). Sealed offenses must still be disclosed for some jobs, in child custody proceedings and for jury service, and out-of-state and federal employers may still ask (Virginia State Crime Commission). We did not confirm whether Virginia has a general 'ban the box' law for private employers.","sources":[{"url":"https://law.lis.virginia.gov/vacodefull/title19.2/chapter23.2/","title":"Va. Code Title 19.2, Chapter 23.2 (§ 19.2-392.15)","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.4/","title":"Va. Code § 19.2-392.4","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/sealingfaqs.asp","title":"Sealing FAQs","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"}]},"free_help":[{"name":"Virginia State Crime Commission: Sealing of Criminal Records","url":"https://vscc.virginia.gov/sealing.asp","type":"state_agency","detail":"Plain-language FAQs, brochures, ineligible-offense lists and links to forms and the State Police record request."},{"name":"Virginia State Police: Sealing of Criminal Records","url":"https://vsp.virginia.gov/petition-based-record-sealing/","type":"state_agency","detail":"Step-by-step guides for requesting the criminal history record that must go to the court."},{"name":"Virginia Lawyer Referral Service (Virginia State Bar)","url":"https://vsb.org/Site/news/news-items/20260724-vlrs-waives-fee-record-sealing.aspx","type":"bar_referral","detail":"The $35 fee for a 30-minute attorney consultation is waived for record sealing inquiries through June 30, 2027. Low-income Virginians can call the statewide legal aid line at (866) 534-5243."}],"sources":[{"url":"https://law.lis.virginia.gov/vacodefull/title19.2/chapter23.2/","title":"Va. Code Title 19.2, Chapter 23.2 (Sealing of Criminal Records)","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.6/","title":"Va. Code § 19.2-392.6","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.12/","title":"Va. Code § 19.2-392.12","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://law.lis.virginia.gov/vacode/19.2-392.12:1/","title":"Va. Code § 19.2-392.12:1","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.2/","title":"Va. Code § 19.2-392.2","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.4/","title":"Va. Code § 19.2-392.4","publisher":"Virginia General Assembly (Legislative Information System)","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/sealing.asp","title":"Sealing of Criminal Records","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/sealingfaqs.asp","title":"Sealing FAQs","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/Annual Reports/2025 VSCC Annual Report - Sealing of Criminal Records Update.pdf","title":"2025 Annual Report: Sealing of Criminal Records Update","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"},{"url":"https://vscc.virginia.gov/Sealing/Petition%20Sealing%20-%20Ineligible%20and%20Excluded%20Offenses%20as%20of%207-2025.pdf","title":"Petition Sealing: Ineligible and Excluded Offenses (as of 7/1/25)","publisher":"Virginia State Crime Commission","accessed":"2026-10-21"},{"url":"https://vsp.virginia.gov/petition-based-record-sealing/","title":"Sealing of Criminal Records","publisher":"Virginia State Police","accessed":"2026-10-21"},{"url":"https://www.vacourts.gov/forms/circuit/crim_sealing","title":"Circuit Court Criminal Sealing Forms","publisher":"Virginia's Judicial System","accessed":"2026-10-21"},{"url":"https://virginialawyer.vsb.org/articles/the-wait-to-seal-virginia-s-new-record-sealing-law-nears-implementation","title":"The Wait to Seal: Virginia's New Record Sealing Law Nears Implementation","publisher":"Virginia State Bar (Virginia Lawyer)","accessed":"2026-10-21"},{"url":"https://vsb.org/Site/news/news-items/20260724-vlrs-waives-fee-record-sealing.aspx","title":"VLRS waives fee for record sealing (July 24, 2026)","publisher":"Virginia State Bar","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"washington","code":"WA","name":"Washington","terms":["vacate","vacating a conviction","Blake vacatur","certificate of restoration of opportunity","deletion of nonconviction data"],"summary":"Washington does not expunge adult convictions; instead, a court can 'vacate' an eligible conviction. Misdemeanors and gross misdemeanors can be vacated 3 years after the later of sentencing or release from probation or confinement (5 for domestic violence) once the whole sentence, including fines, is complete, and Class B and C felonies after 10 and 5 years once you have a certificate of discharge. Class A felonies, most violent offenses, sex offenses and DUI cannot be vacated. Simple drug possession convictions voided by the 2021 State v. Blake decision can be vacated and the fines refunded. A vacated conviction stays in public court records, but the State Patrol stops releasing it to the public.","remedies":[{"id":"vacate-misdemeanor","name":"Vacating a misdemeanor or gross misdemeanor conviction","type":"vacatur","effect":"The court lets you withdraw a guilty plea and enter a not-guilty plea (or sets aside a guilty verdict), dismisses the charge and vacates the judgment (RCW 9.96.060(1)). You are released from the penalties and disabilities of the offense and, for most purposes including employment and housing applications, may state that you were never convicted of it. Firearm rights are still governed by RCW 9.41.041, and the conviction can still be used in a later prosecution; a conviction vacated on or after July 28, 2019 still counts as a prior for charging a later recidivist offense (RCW 9.96.060(8)). The clerk sends the order to the Washington State Patrol and local police, which update their records and send it to the FBI; the vacated conviction may be shared only with criminal justice agencies (RCW 9.96.060(9)). Court records and online court indexes stay public (WashingtonLawHelp).","covers":"Most misdemeanor and gross misdemeanor convictions from district and municipal courts, except DUI, violent, sex and some domestic violence offenses.","outcomes":["misdemeanor"],"narrow":null,"eligible":["Anyone convicted of a misdemeanor or gross misdemeanor may apply to the sentencing court, which may vacate the conviction in its discretion if you qualify (RCW 9.96.060(2)).","You have completed all terms of the sentence, including financial obligations (RCW 9.96.060(2)(a)).","No criminal charges are pending in Washington, another state, or federal or tribal court (RCW 9.96.060(2)(b)).","No new conviction in the 3 years before you apply (RCW 9.96.060(2)(h)).","You are not currently restrained by a domestic violence protection order, no-contact order, antiharassment order or civil restraining order, and did not violate such an order in the 5 years before you apply (RCW 9.96.060(2)(i)).","Victims of sex trafficking, prostitution, commercial sexual abuse of a minor, sexual assault or domestic violence have a separate route under RCW 9.96.060(3) and RCW 9.96.080, and the prosecutor can also apply for them.","Misdemeanor cannabis convictions (RCW 69.50.4014 and earlier versions, and matching city ordinances) for people 21 or older at the time: the court 'shall vacate' on application (RCW 9.96.060(5)).","Certain drug possession convictions after you complete a substance use disorder program, or get a qualifying assessment and show six months of substantial compliance with treatment: the court must vacate on verification (RCW 9.96.060(6))."],"not_eligible":["Violent offenses as defined in RCW 9.94A.030, and attempts (RCW 9.96.060(2)(c)).","DUI (RCW 46.61.502), actual physical control while under the influence (RCW 46.61.504) and operating a railroad while intoxicated (RCW 9.91.020), with no time limit (RCW 9.96.060(2)(d)).","Other offenses that count as a 'prior offense' under RCW 46.61.5055, such as reckless driving, first-degree negligent driving or reckless endangerment originally charged as DUI or physical control, until 10 years have passed since the arrest for that offense, or if you had another alcohol or drug violation within 10 years of that arrest (RCW 9.96.060(2)(d); RCW 46.61.5055(14)(a)).","Obscenity, sexual exploitation of children and sex offenses under chapters 9.68, 9.68A and 9A.44 RCW, except failure to register as a sex offender (RCW 9.96.060(2)(e)).","Domestic violence offenses if you did not give written notice to the prosecutor, have two or more domestic violence convictions from separate incidents, made a false sworn statement about prior domestic violence convictions, or less than 5 years have passed (RCW 9.96.060(2)(f))."],"waiting_periods":[{"record":"Most misdemeanors and gross misdemeanors","wait":"3 years from the latest of release from supervision or probation, release from confinement, or sentencing","detail":"Since June 6, 2024 (SSB 5998, 2024 c 296) the 3-year clock no longer waits for financial obligations to be paid, but they must still be paid before the conviction can be vacated (RCW 9.96.060(2)(a), (g))."},{"record":"Domestic violence misdemeanor or gross misdemeanor","wait":"5 years after completing the sentence conditions, including any required treatment","detail":"Financial obligations are not counted for this clock (RCW 9.96.060(2)(f)); they must still be paid under (2)(a)."},{"record":"Misdemeanor cannabis conviction (age 21 or older at the time)","wait":"No waiting period stated","detail":"RCW 9.96.060(5)"}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your criminal history and complete the Petition and Declaration for Order Vacating Conviction (CrRLJ 09.0100), a Notice of Hearing (CrRLJ 09.0150) and the proposed Order on Petition Re: Vacating Conviction (CrRLJ 09.0200), attaching your criminal history records (Washington Courts' CrRLJ 09.0300 instructions; WashingtonLawHelp).","Contact the prosecutor's office first to see if it will agree to the order; if it does, you likely won't need a hearing (WashingtonLawHelp).","File the originals with the clerk of the court that sentenced you; the clerk sets the hearing date (most counties require at least 14 days' notice to the prosecutor).","The same day, give copies of the filed papers to the prosecutor who handled your case, using the Notice of Hearing (CrRLJ 09.0150 is the statewide pattern form, used unless the local court requires its own version) and Proof of Mailing or Hand Delivery. For a domestic violence conviction, written notice to the prosecutor is required (RCW 9.96.060(2)(f)).","Attend the hearing with the proposed order. If the judge grants it, the clerk sends the order to the State Patrol and local police (RCW 9.96.060(9))."],"where":"The court that sentenced you, usually a district or municipal court (RCW 9.96.060(2)).","forms":[{"name":"Instructions for Vacating Misdemeanor and Gross Misdemeanor Convictions (CrRLJ 09.0300)","url":"https://www.courts.wa.gov/forms/documents/CrRLJ%2009_0300.doc"}],"cost":{"filing_fee_usd":null,"detail":"RCW 9.96.060 does not set a filing fee, and we did not confirm whether district or municipal courts charge one. State Patrol (WATCH) criminal history reports and certified copies of the order cost money (WashingtonLawHelp).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"RCW 9.96.060","url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.96.060"},"sources":[{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.96.060","title":"RCW 9.96.060 Vacating records of conviction","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://lawfilesext.leg.wa.gov/biennium/2023-24/Htm/Bills/Session%20Laws/Senate/5998-S.SL.htm","title":"SSB 5998, Chapter 296, Laws of 2024","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=46.61.5055","title":"RCW 46.61.5055 Alcohol and drug violators: penalty schedule ('prior offense' definition)","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://www.washingtonlawhelp.org/en/vacate-misdemeanor-conviction","title":"Vacate a misdemeanor conviction (guide, reviewed April 14, 2025)","publisher":"WashingtonLawHelp.org (Northwest Justice Project)","accessed":"2026-10-30"},{"url":"https://www.courts.wa.gov/forms/documents/CrRLJ%2009_0300.doc","title":"Instructions for Vacating Misdemeanor and Gross Misdemeanor Convictions (CrRLJ 09.0300, July 2022)","publisher":"Washington Courts","accessed":"2026-10-30"},{"url":"https://assets.washingtonlawhelp.org/en/print/pdf/node/451","title":"Vacate a felony conviction (guide, reviewed April 11, 2025)","publisher":"WashingtonLawHelp.org (Northwest Justice Project)","accessed":"2026-10-30"}]},{"id":"vacate-felony","name":"Vacating a felony conviction","type":"vacatur","effect":"The conviction is generally left out of your criminal history for sentencing in later cases, and you are released from the penalties and disabilities of the offense. You may state, including on employment applications, that you were never convicted of that crime. The State Patrol and local police may not release the vacated conviction except to criminal justice agencies. It can still be used in a later prosecution, a vacation does not restore firearm rights (RCW 9.41.040 governs), and a conviction vacated on or after July 28, 2019 still counts as a prior for charging a later recidivist offense and for showing a pattern of abuse (RCW 9.94A.640(4)). Court records and online indexes stay public, and FBI and private background-check records may still show it (WashingtonLawHelp).","covers":"Class B and C felonies that are not violent offenses, crimes against persons (with some exceptions) or felony DUI.","outcomes":["felony"],"narrow":null,"eligible":["You have been discharged under RCW 9.94A.637, usually shown by a certificate of discharge (RCW 9.94A.640(1); Form CR 08.0900). If you don't have one, you can ask the sentencing court for it (RCW 9.94A.637).","Class B felony: no new crime in the 10 years before you apply, and at least 10 years since the latest of release from community custody, release from confinement, or sentencing (RCW 9.94A.640(2)(c), (e)).","Class C felony: no new crime in the 5 years before you apply, and at least 5 years since the same dates (RCW 9.94A.640(2)(d), (f)).","Second-degree assault, third-degree assault (not against a law enforcement or peace officer) and second-degree robbery can be vacated if there was no firearm, deadly weapon or sexual motivation enhancement (RCW 9.94A.640(2)(b)).","Victims of sex trafficking, prostitution, commercial sexual abuse of a minor, sexual assault or domestic violence, or the prosecutor on their behalf, may apply under RCW 9.94A.648 (RCW 9.94A.640(3)).","A prison riot conviction under RCW 9.94.010 for someone held in a juvenile facility at the time: the court shall vacate it if the person qualifies (RCW 9.94A.640(5))."],"not_eligible":["Class A felonies, and attempts or conspiracies to commit them (Form CR 08.0900; WashingtonLawHelp).","Violent offenses (RCW 9.94A.030) and crimes against persons (RCW 43.43.830), except the assault and robbery offenses listed above (RCW 9.94A.640(2)(b)).","Any felony DUI or felony physical control under RCW 46.61.502 or 46.61.504 (RCW 9.94A.640(2)(g)).","Anyone with a criminal charge pending in Washington, another state or federal court (RCW 9.94A.640(2)(a))."],"waiting_periods":[{"record":"Class B felony","wait":"10 years from the latest of release from community custody, release from confinement, or sentencing","detail":"No new crime in the previous 10 years (RCW 9.94A.640(2)(c), (e))."},{"record":"Class C felony","wait":"5 years from the latest of release from community custody, release from confinement, or sentencing","detail":"No new crime in the previous 5 years (RCW 9.94A.640(2)(d), (f))."},{"record":"Getting the certificate of discharge you need first","wait":"Issued once every sentence requirement, including all legal financial obligations, is complete","detail":"If only legal financial obligations remain, the court discharges you once they are paid. If no certificate was issued, you can ask the court by motion; that certificate takes effect on the later of 5 years after community custody (or confinement) ended or the date the obligations were paid. Otherwise the certificate is effective on the date you completed all conditions of the sentence (RCW 9.94A.637; WashingtonLawHelp)."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get a WATCH criminal history report from the State Patrol to confirm there are no new arrests or charges (WashingtonLawHelp).","Get copies of your Certificate and Order of Discharge and the Judgment and Sentence from the superior court clerk (WashingtonLawHelp).","Ask the county prosecutor's office whether it will agree to an order; if it does, you may not need a hearing (WashingtonLawHelp).","Fill out the Motion and Declaration for Order Vacating Record of Felony Conviction (CR 08.0900) and the Order (CR 08.0920), attaching the judgment and sentence, proof of discharge and your criminal history (Form CR 08.0900).","File with the superior court clerk, schedule a hearing if needed, and serve the prosecutor in the county of conviction, generally at least 14 days before the hearing (WashingtonLawHelp).","Get certified copies of the signed order, and check with the State Patrol about a month later that your record was updated (WashingtonLawHelp)."],"where":"The superior court in the county where you were sentenced (RCW 9.94A.640(1); Form CR 08.0900).","forms":[{"name":"CR 08.0900 Motion and Declaration for Order Vacating Record of Felony Conviction (07/2025; Korean-English bilingual version)","url":"https://www.courts.wa.gov/forms/documents/CR08.0900_Mt and Decl for Or Vacating Record of Felony_2025 07_KO_FINAL (sv).pdf"},{"name":"CR 08.0920 Order re Vacating Record of Felony Conviction (07/2025)","url":"https://assets.washingtonlawhelp.org/sites/default/files/forms/pdf/2025-07/cr08.0920_order-re-vacating-record-of-felony-conviction-2025-07.pdf"},{"name":"WashingtonLawHelp guide: Vacate a felony conviction","url":"https://www.washingtonlawhelp.org/en/vacate-felony-conviction"}],"cost":{"filing_fee_usd":0,"detail":"WashingtonLawHelp says the clerk should not charge a fee to file the vacate motion. WATCH criminal history reports have fees that vary by report type, some prosecutors or judges require a more expensive fingerprint-based check, and the clerk charges for copies and certified copies of the order.","fee_waiver":"not_stated","fee_waiver_detail":"There is no filing fee to waive; we found nothing on waiving WATCH or copy fees."},"hearing":"sometimes","timeline":"WashingtonLawHelp says to expect several courthouse visits over several weeks, even without a hearing.","statute":{"cite":"RCW 9.94A.640, 9.94A.637","url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.640"},"sources":[{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.640","title":"RCW 9.94A.640 Vacation of offender's record of conviction","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.637","title":"RCW 9.94A.637 Discharge upon completion of sentence","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Session%20Laws/House/1815-S.SL.pdf","title":"ESHB 1815, Chapter 169, Laws of 2025 (prison riot offenses, juveniles)","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://www.courts.wa.gov/forms/documents/CR08.0900_Mt and Decl for Or Vacating Record of Felony_2025 07_KO_FINAL (sv).pdf","title":"CR 08.0900 Motion and Declaration for Order Vacating Record of Felony Conviction (07/2025, bilingual)","publisher":"Washington Courts","accessed":"2026-10-21"},{"url":"https://assets.washingtonlawhelp.org/en/print/pdf/node/451","title":"Vacate a felony conviction (guide, reviewed April 11, 2025)","publisher":"WashingtonLawHelp.org (Northwest Justice Project)","accessed":"2026-10-30"},{"url":"https://www.washingtonlawhelp.org/en/vacate-felony-conviction","title":"Vacate a felony conviction","publisher":"WashingtonLawHelp.org (Northwest Justice Project)","accessed":"2026-10-22"}]},{"id":"blake-vacatur","name":"Vacating drug possession convictions under State v. Blake","type":"vacatur","effect":"A court order vacates, amends or dismisses the conviction. Once a conviction is vacated and the court decides refund eligibility, you can get back court-ordered fines and fees (legal financial obligations) through the Administrative Office of the Courts' Blake Refund Bureau, and community supervision fees from the Department of Corrections. There is no refund for time spent incarcerated (Office of Public Defense; Blake Refund Bureau).","covers":"Convictions for simple possession of a controlled substance under RCW 69.50.4013, which the Washington Supreme Court held void, and some related convictions.","outcomes":["misdemeanor","felony"],"narrow":"Simple drug possession (State v. Blake)","eligible":["On February 25, 2021, in State v. Blake, the Washington Supreme Court held that RCW 69.50.4013, the simple possession statute, violated due process and was void (Department of Corrections).","Convictions under that statute, and possibly other affected convictions, 'may be vacated, amended, dismissed, etc. by an order from the court' (Department of Corrections)."],"not_eligible":[],"waiting_periods":[{"record":"Blake-affected possession conviction","wait":"No waiting period stated in our sources","detail":null}],"automatic":"not_stated","automatic_detail":"Our sources do not describe an automatic statewide process. The Department of Corrections says it cannot vacate convictions and must wait for a court order. The Office of Public Defense says you need a vacate order before any refund, and that people who don't know whether they have one should contact it.","how_to_file":["If you don't know whether your conviction has been vacated, use the Office of Public Defense Blake intake form or call 800-414-6064. OPD can help find an attorney (Office of Public Defense).","The district or superior court that convicted you vacates the conviction by court order (Department of Corrections).","After the conviction is vacated and the court determines refund eligibility, find your case on the Blake Refund Bureau site and submit the online refund request with proof of ID; a check is mailed after approval (Blake Refund Bureau).","Keep your address current with the Department of Corrections for cost-of-supervision refunds, which are paid per person (Office of Public Defense)."],"where":"The court that convicted you; refunds through the Administrative Office of the Courts' Blake Refund Bureau.","forms":[{"name":"Blake Refund Bureau online refund request","url":"https://refund.courts.wa.gov/"}],"cost":{"filing_fee_usd":null,"detail":"Our sources do not mention a fee to have a Blake conviction vacated.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"not_stated","timeline":"OPD says court refund information can take 4 to 6 weeks to appear, refund checks may take months, and cost-of-supervision refunds were expected about 3 years after the first vacate order was received.","statute":{"cite":"State v. Blake (Washington Supreme Court, February 25, 2021), holding former RCW 69.50.4013 void","url":null},"sources":[{"url":"https://doc.wa.gov/corrections/hearings-sentencing/resentencing/frequently-asked-questions","title":"Blake FAQ","publisher":"Washington State Department of Corrections","accessed":"2026-10-22"},{"url":"https://opd.wa.gov/vacate-drug-possession-convictions-state-v-blake/how-get-refund-costs-you-paid-your-vacated-drug-possession-conviction","title":"How to Get a Refund of Costs You Paid on Your Vacated Drug Possession Conviction","publisher":"Washington State Office of Public Defense","accessed":"2026-10-22"},{"url":"https://refund.courts.wa.gov/","title":"Blake Refund Bureau","publisher":"Washington State Administrative Office of the Courts","accessed":"2026-10-21"}]},{"id":"certificate-restoration-opportunity","name":"Certificate of Restoration of Opportunity (CROP)","type":"certificate","effect":"A CROP does not vacate or seal anything. State, county and city licensing decisions may not disqualify an otherwise qualified holder solely because of criminal history, except for criminal justice agencies, the Washington State Bar Association and a list of professions in the statute (such as accountants, nurses, physicians, teachers, notaries and real estate brokers). Employers and housing providers may decide whether to consider the certificate and are protected from lawsuits for that decision. The State Patrol includes the certificate in its criminal history reports. It does not restore firearm rights (RCW 9.97.020).","covers":"People with misdemeanor or Class B or C felony convictions who have stayed crime-free for a set time, including some whose convictions can't be vacated.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["Misdemeanor or gross misdemeanor: 1 year from sentencing (non-custodial sentence) or 18 months from release (RCW 9.97.010).","Class B or C felony: 2 years from sentencing or release; a violent offense as defined in RCW 9.94A.030: 5 years (RCW 9.97.010).","Court-ordered legal financial obligations paid in full, or you are compliant with a payment plan, or you have shown the court good cause (RCW 9.97.010).","No arrest or conviction for a new crime, no pending charge, and no information that a charge is imminent (RCW 9.97.010)."],"not_eligible":["Anyone ever convicted of a Class A felony or an attempt, solicitation or conspiracy to commit one (RCW 9.97.010).","A sex offense or a crime with sexual motivation, or anyone required to register as a sex offender (RCW 9.97.010).","First-degree extortion, drive-by shooting, luring, or vehicular assault under RCW 46.61.522(1)(a) or (b) (RCW 9.97.010)."],"waiting_periods":[{"record":"Misdemeanor or gross misdemeanor","wait":"1 year from sentencing, or 18 months from release from confinement","detail":"RCW 9.97.010"},{"record":"Class B or C felony","wait":"2 years from sentencing or release","detail":"RCW 9.97.010"},{"record":"Violent offense","wait":"5 years from sentencing or release","detail":"RCW 9.97.010"}],"automatic":"no","automatic_detail":null,"how_to_file":["File a civil action in a qualified court and notify the prosecutor in that county, plus prosecutors anywhere you were sentenced in the past 5 years (RCW 9.97.020).","The court may decide on the papers or hold a hearing. A superior court in your county of residence may decline the application, but the court where you were convicted may not (RCW 9.97.020).","If granted, the clerk sends the certificate to the State Patrol. The Administrative Office of the Courts publishes instructions and forms (RCW 9.97.020)."],"where":"A qualified court: the superior court in your county of residence or the court where you were convicted (RCW 9.97.020).","forms":[],"cost":{"filing_fee_usd":null,"detail":"RCW 9.97.020 does not state a fee, and we did not confirm one.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"RCW 9.97.010, 9.97.020","url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.97.020"},"sources":[{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.97.010","title":"RCW 9.97.010 Definitions (qualified applicant)","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.97.020","title":"RCW 9.97.020 Certificate of restoration of opportunity","publisher":"Washington State Legislature","accessed":"2026-10-21"}]}],"clean_slate":{"status":"none","effective":null,"detail":"We found no automatic vacating of adult convictions in Washington. Every route under RCW 9.96.060 and RCW 9.94A.640 starts with an application to the sentencing court, and Blake-affected convictions are vacated by court order. RCW 9.96.060 shows no amendment after 2024 c 296; RCW 9.94A.640 was last amended by 2025 c 169 (ESHB 1815, effective April 25, 2025), which added only a route for people convicted of a prison riot offense while held in a juvenile facility; the court 'shall vacate' those on application. A 2025 bill on treaty-rights convictions (HB 1982) would also require an application and was only introduced.","sources":[{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.96.060","title":"RCW 9.96.060 Vacating records of conviction","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.640","title":"RCW 9.94A.640 Vacation of offender's record of conviction","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Session%20Laws/House/1815-S.SL.pdf","title":"ESHB 1815, Chapter 169, Laws of 2025 (prison riot offenses, juveniles)","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/House%20Bills/1982.pdf","title":"HB 1982 (2025), as introduced","publisher":"Washington State Legislature","accessed":"2026-10-21"}]},"marijuana":{"detail":"A person convicted of a misdemeanor cannabis offense (RCW 69.50.4014 or earlier versions, or a matching city ordinance) who was 21 or older at the time may apply to the sentencing court, and if the person qualifies the court 'shall vacate' the conviction (RCW 9.96.060(5)). Felony marijuana convictions follow the general felony rules in RCW 9.94A.640.","sources":[{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.96.060","title":"RCW 9.96.060 Vacating records of conviction","publisher":"Washington State Legislature","accessed":"2026-10-21"}]},"non_conviction":{"detail":"Vacating applies to convictions. For arrests and charges that did not lead to a conviction ('nonconviction data'), you can ask the criminal justice agency holding the record to delete it two years after a disposition in your favor, or three years after the arrest, citation or warrant if there was no conviction. The agency may refuse if the case ended in a deferred prosecution or similar diversion, you have a prior felony or gross misdemeanor conviction, or you were arrested or charged with another crime in the meantime. A court can also order a record modified or deleted (RCW 10.97.060).","sources":[{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=10.97.060","title":"RCW 10.97.060 Deletion of certain criminal history record information","publisher":"Washington State Legislature","accessed":"2026-10-21"}]},"dui":{"eligible":"no","detail":"A DUI conviction cannot be vacated in Washington. Misdemeanor and gross misdemeanor DUI (RCW 46.61.502), actual physical control while under the influence (RCW 46.61.504) and operating a railroad while intoxicated are barred with no time limit (RCW 9.96.060(2)(d)). A conviction that counts as a 'prior offense' under RCW 46.61.5055, such as reckless driving, first-degree negligent driving or reckless endangerment when the charge was originally filed as DUI or physical control, can be vacated only once 10 years have passed since the arrest for it and you had no other alcohol or drug violation within those 10 years (RCW 9.96.060(2)(d); RCW 46.61.5055(14)(a)); the other misdemeanor rules also apply. Felony DUI and felony physical control cannot be vacated (RCW 9.94A.640(2)(g)), and WashingtonLawHelp lists vehicular assault while under the influence as excluded. A certificate of restoration of opportunity does not list DUI among its exclusions (it does exclude vehicular assault under RCW 46.61.522(1)(a) or (b)), but it does not clear the record (RCW 9.97.010, 9.97.020).","sources":[{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.96.060","title":"RCW 9.96.060 Vacating records of conviction","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.640","title":"RCW 9.94A.640 Vacation of offender's record of conviction","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=46.61.5055","title":"RCW 46.61.5055 Alcohol and drug violators: penalty schedule ('prior offense' definition)","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://assets.washingtonlawhelp.org/en/print/pdf/node/451","title":"Vacate a felony conviction (guide, reviewed April 11, 2025)","publisher":"WashingtonLawHelp.org (Northwest Justice Project)","accessed":"2026-10-30"},{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.97.010","title":"RCW 9.97.010 Definitions (qualified applicant)","publisher":"Washington State Legislature","accessed":"2026-10-21"}]},"employers":{"detail":"After a conviction is vacated you may state on employment and housing applications that you were never convicted of that crime, and the State Patrol may release the vacated conviction only to criminal justice agencies (RCW 9.96.060(8), (9); RCW 9.94A.640(4)). Court records stay public (WashingtonLawHelp). Washington's Fair Chance Act bars employers from asking about criminal records on an application or running a background check until after a conditional offer, from ads that exclude people with records, and from automatic exclusion policies; it limits adverse action based on convictions without a legitimate business reason and requires notice and a written decision. Exceptions include jobs with unsupervised access to children or vulnerable adults, law enforcement and criminal justice agencies, and employers required by law to consider records. The 2025 amendments (2025 c 71) apply to employers with 15 or more employees from July 1, 2026 and to smaller employers from January 1, 2027, according to the note on the statute (RCW 49.94.010).","sources":[{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=49.94.010","title":"RCW 49.94.010 Fair Chance Act: employer prohibitions","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.96.060","title":"RCW 9.96.060 Vacating records of conviction","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.640","title":"RCW 9.94A.640 Vacation of offender's record of conviction","publisher":"Washington State Legislature","accessed":"2026-10-21"}]},"free_help":[{"name":"WashingtonLawHelp: Vacate a felony conviction","url":"https://www.washingtonlawhelp.org/en/vacate-felony-conviction","type":"legal_aid","detail":"Northwest Justice Project's statewide guide with court forms, step-by-step instructions and links to free legal help."},{"name":"Washington State Office of Public Defense: Blake help","url":"https://opd.wa.gov/vacate-drug-possession-convictions-state-v-blake/how-get-refund-costs-you-paid-your-vacated-drug-possession-conviction","type":"public_defender","detail":"Blake intake form and hotline (800-414-6064) for help vacating possession convictions and getting refunds."},{"name":"Blake Refund Bureau","url":"https://refund.courts.wa.gov/","type":"state_agency","detail":"The courts' official site for requesting refunds of fines and fees on vacated Blake convictions."}],"sources":[{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.96.060","title":"RCW 9.96.060 Vacating records of conviction","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.640","title":"RCW 9.94A.640 Vacation of offender's record of conviction","publisher":"Washington State Legislature","accessed":"2026-10-21"},{"url":"https://assets.washingtonlawhelp.org/en/print/pdf/node/451","title":"Vacate a felony conviction (guide, reviewed April 11, 2025)","publisher":"WashingtonLawHelp.org (Northwest Justice Project)","accessed":"2026-10-30"},{"url":"https://doc.wa.gov/corrections/hearings-sentencing/resentencing/frequently-asked-questions","title":"Blake FAQ","publisher":"Washington State Department of Corrections","accessed":"2026-10-22"}],"last_verified":"2026-10-30"},{"slug":"west-virginia","code":"WV","name":"West Virginia","terms":["expungement","sealing","pretrial diversion","deferred adjudication","conditional discharge"],"summary":"West Virginia clears records only by court petition; nothing is expunged automatically. Acquittals, dismissals and charges dismissed after pretrial diversion or deferred adjudication can be expunged for free after 60 days if you have no felony conviction. Misdemeanor convictions can be expunged after 1 or 2 years and nonviolent felonies after 5 years (shorter with approved treatment or job training), but violent, sexual, DUI, domestic violence and many other offenses are excluded, and conviction expungement is available only once.","remedies":[{"id":"non-conviction-expungement","name":"Expungement of acquittals, dismissals and completed diversion","type":"expungement","effect":"The court seals its own records and orders other agencies, including law enforcement, to expunge theirs; each agency must certify within 60 days that it has done so. 'Records' include arrest records, fingerprints, photographs and index references. Afterward the proceedings are treated as never having occurred, the court and agencies reply to inquiries that no record exists, and you don't have to disclose the matter on an application for employment, credit or anything else (W. Va. Code § 61-11-25(a), (d)-(e)). The court can later let you or a prosecutor inspect the sealed records for a criminal investigation or prosecution.","covers":"Charges that ended in a not-guilty verdict or a dismissal (not part of a plea deal), and charges dismissed after completing pretrial diversion or deferred adjudication.","outcomes":["no_conviction","diversion"],"narrow":null,"eligible":["You were found not guilty, or the charges were dismissed and the dismissal was not in exchange for a guilty plea to another offense that led to a conviction (W. Va. Code § 61-11-25(a)).","Your charges were dismissed after you fully and successfully completed a pretrial diversion agreement (§ 61-11-22) or a deferred adjudication (§ 61-11-22a); all charges from the same transaction or occurrence can be expunged together (§ 61-11-25(a)).","No charges or proceedings are pending on the matter (§ 61-11-25(d))."],"not_eligible":["Anyone who has previously been convicted of a felony (§ 61-11-25(a)).","Charges dismissed after deferred adjudication for domestic battery or assault, malicious or unlawful wounding, stalking or harassment, or assault or battery, where the alleged victim is a family or household member (§ 61-11-25(a)).","Division of Motor Vehicles records connected to a DUI deferral under § 17C-5-2b (§ 61-11-25(a)).","Criminal investigation reports, and records of offenses covered by the sex-offense registration law (§ 15-12) where the person was found not guilty by reason of mental illness, intellectual disability or addiction, are exempt (§ 61-11-25(a)).","Traffic offense records of commercial driver's license holders or commercial vehicle drivers, other than parking violations, cannot be expunged or diverted (§ 17E-1-13(g))."],"waiting_periods":[{"record":"Acquittal or dismissal","wait":"60 days after the order of acquittal or dismissal","detail":"The court entering the order must tell you about your right to file (§ 61-11-25(b))."},{"record":"Dismissal after pretrial diversion or deferred adjudication","wait":"60 days after the dismissal","detail":"Legal Aid of West Virginia describes this as 60 days after completion."}],"automatic":"no","automatic_detail":"You must file a petition. The court that acquits you or dismisses your charges must tell you that you can file (§ 61-11-25(b)).","how_to_file":["Get copies of your case papers from the circuit or magistrate clerk in the county where you were charged.","Fill out the court's 'Motion for Expungement of Criminal Records Due to Acquittal or Dismissal for Reasons Other than Entry of a Plea' (SCA-C903), or a petition with the same information. The form predates the 2024 diversion and deferred-adjudication changes, so check that it fits your case.","File it with the circuit clerk in the county where the charges were filed, at least 60 days after the acquittal or dismissal.","Serve a copy on the county prosecuting attorney.","The court may set a hearing; if it does, it notifies the prosecutor and the arresting agency, who can respond (§ 61-11-25(c))."],"where":"Circuit court in the county where the charges were filed.","forms":[{"name":"SCA-C903: Motion for Expungement of Criminal Records Due to Acquittal or Dismissal for Reasons Other than Entry of a Plea","url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/SCA-C-903.pdf"}],"cost":{"filing_fee_usd":0,"detail":"No filing fees or costs may be charged for a petition under this section (§ 61-11-25(g)). The $100 State Police processing fee in § 61-11-26 does not apply to this route.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"Agencies must certify to the court within 60 days of the order that the records have been expunged (§ 61-11-25(d)).","statute":{"cite":"W. Va. Code § 61-11-25","url":"https://code.wvlegislature.gov/61-11-25/"},"sources":[{"url":"https://code.wvlegislature.gov/61-11-25/","title":"W. Va. Code § 61-11-25 (expungement after acquittal, dismissal, pretrial diversion or deferred adjudication)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/61-11-22/","title":"W. Va. Code § 61-11-22 (pretrial diversion)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/61-11-22a/","title":"W. Va. Code § 61-11-22a (deferred adjudication; last amended by HB 5466, 2026)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/17E-1-13/","title":"W. Va. Code § 17E-1-13(g) (commercial drivers: no masking or expungement of traffic convictions)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/SCA-C-903.pdf","title":"SCA-C903: Motion for Expungement of Criminal Records Due to Acquittal or Dismissal for Reasons Other than Entry of a Plea (revised 04/01/2010)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/public-resources/court-forms","title":"Court Forms (expungement motion and petitions)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://legalaidwv.org/legal-information/expungement-of-criminal-records/","title":"Expungement of Criminal Records (FAQ, last updated June 24, 2024)","publisher":"Legal Aid of West Virginia","accessed":"2026-10-22"}]},{"id":"conviction-expungement","name":"Expungement of misdemeanor and nonviolent felony convictions","type":"expungement","effect":"If granted, the court seals its records and orders other agencies, including law enforcement, to expunge theirs, with each agency certifying within 60 days (W. Va. Code § 61-11-26(k)). The proceedings are treated as never having occurred, the court and agencies reply that no record exists, and you don't have to disclose the conviction on an application for employment, credit or anything else, with no perjury risk for not mentioning it (§ 61-11-26(l)). Exceptions: anyone applying for a job in law enforcement, prosecution or corrections must disclose all convictions, and employers that state or federal law requires to run a criminal history check may learn of expunged convictions (§ 61-11-26(l)). The court can later let you or a prosecutor inspect sealed records. Expungement does not restore retirement or job benefits lost because of the conviction (§ 61-11-26(q)).","covers":"Misdemeanor convictions, and nonviolent felony convictions from the same transaction or series of transactions, that are not on the excluded list.","outcomes":["misdemeanor","felony"],"narrow":null,"eligible":["A misdemeanor conviction, or several misdemeanor convictions (W. Va. Code § 61-11-26(a)(1)).","A nonviolent felony conviction, or several nonviolent felonies arising from the same transaction or series of transactions (§ 61-11-26(a)(2)). A 'nonviolent felony' is one that is not on the excluded list, doesn't involve intentionally inflicting serious bodily injury, and that the court finds involved no violence or potential violence to another person or the public (§ 61-11-26(p)(5)).","You must prove by clear and convincing evidence that these are your only convictions for those offenses in West Virginia, they aren't excluded, the waiting period has passed, no charges are pending, expungement is consistent with the public welfare, and your behavior since shows you are rehabilitated and law-abiding (§ 61-11-26(h)).","People whose sentences were reduced under the repealed § 61-11B law may ask to have the reduction order converted into an expungement order (§ 61-11-26(r))."],"not_eligible":["Felony offenses of violence against the person (felonies in W. Va. Code chapter 61, articles 2, 3E, 8B and 8D), and misdemeanors involving intentional physical injury to a minor or a law-enforcement officer (§ 61-11-26(c)(1), (p)).","Felonies where the victim was a minor, and sexual offenses under article 8B, including second- and third-degree sexual abuse (§ 61-11-26(c)(2), (3), (11)).","Any offense where a deadly weapon or dangerous instrument was used or shown (§ 61-11-26(c)(4)).","Domestic violence offenses under § 61-2-28, assault or battery against a spouse, co-parent or former cohabitant, abuse or neglect of an incapacitated adult, and stalking or harassment (§ 61-11-26(c)(5), (6), (10)).","DUI, driving on a license suspended or revoked under § 17B-4-3, and traffic offenses of commercial drivers covered by § 17E-1-13(g) (§ 61-11-26(c)(7), (8), (14)).","Incest, animal cruelty, burglary of a dwelling, any conviction the judge found in writing was sexually motivated, and conspiracy or attempt to commit most excluded felonies (§ 61-11-26(c)(9), (12), (13), (15)).","Unrelated felonies: more than one felony can be expunged only if they arose from the same transaction or series of transactions (§ 61-11-26(a)(2)).","Anyone who has already received expungement under § 61-11-26 or § 61-11-26a; this relief is available only once (§ 61-11-26(o)).","Anyone with pending criminal charges (§ 61-11-26(h)(3))."],"waiting_periods":[{"record":"One misdemeanor","wait":"1 year after the conviction, the end of any incarceration or the end of any supervision, whichever is latest","detail":"§ 61-11-26(b)(1)."},{"record":"More than one misdemeanor","wait":"2 years after the last conviction, incarceration or supervision, whichever is latest","detail":"§ 61-11-26(b)(2)."},{"record":"Nonviolent felony (or related nonviolent felonies)","wait":"5 years after the conviction, incarceration or supervision, whichever is latest","detail":"§ 61-11-26(b)(3). A DUI conviction at least 5 years old doesn't block expunging an unrelated eligible felony, though the DUI itself can't be expunged (§ 61-11-26(c))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your court papers from the circuit clerk (felonies) or magistrate clerk (misdemeanors) in each county, or your State Police criminal record report through IdentoGO, and confirm the dates you finished any jail, prison, probation or parole (Legal Aid of West Virginia).","Fill out the court's Petition for Expungement of Misdemeanor Violations and Traffic Citations (SCA-C906) or Petition for Expungement of Felony Violations (SCA-C907). The petition must be verified under oath and list your names, addresses, the offenses, victims, any protective or restitution orders, your reasons and the steps you've taken toward rehabilitation, with supporting documents (§ 61-11-26(d)).","File in the circuit court where the conviction occurred and pay the filing fee or ask for a fee waiver (Legal Aid of West Virginia). A petition for several misdemeanors must group the information by circuit court (§ 61-11-26(d)).","Serve copies on the State Police superintendent, the prosecuting attorney, the arresting agency's chief officer, any jail or prison where you were held, and the court that decided the case (§ 61-11-26(e)). The prosecutor mails the petition to any victims.","Anyone served can file a notice of opposition within 30 days, and you have 30 days to reply (§ 61-11-26(g)).","Within 60 days of filing, the court grants the petition, returns it for corrections, sets a hearing, or denies it (§ 61-11-26(i)). If it's granted, pay the $100 State Police processing fee."],"where":"Circuit court of the county where the conviction occurred.","forms":[{"name":"SCA-C906: Petition for Expungement of Misdemeanor Violations and Traffic Citations","url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-07/SCA-C906.pdf"},{"name":"SCA-C907: Petition for Expungement of Felony Violations","url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/SCA-C907.pdf"}],"cost":{"filing_fee_usd":200,"detail":"The circuit clerk charges the same fee as for starting a civil action (§ 61-11-26(n)), which is $200 under § 59-1-11(a)(1); Legal Aid of West Virginia also gives $200. If the petition is granted, you pay $100 to the State Police records division to process the order (§ 61-11-26(n)). Serving the papers may cost extra.","fee_waiver":"yes","fee_waiver_detail":"No expungement statute provides a fee waiver. The waiver rests on Legal Aid of West Virginia, which says you can apply for a fee waiver if you can't afford the $200 filing fee, and on the general statute for civil cases, which lets a person unable to pay file a financial affidavit and proceed without prepaying fees (§ 59-2-1; the court's affidavit form is SCA-C&M201). We found no court rule or official page applying § 59-2-1 to expungement petitions specifically. Legal Aid says the $100 State Police fee cannot be waived except under § 61-11-26a."},"hearing":"sometimes","timeline":"Opposition is due within 30 days of service and your reply 30 days after that; the court must act within 60 days of filing; agencies certify the expungement within 60 days of the order.","statute":{"cite":"W. Va. Code § 61-11-26","url":"https://code.wvlegislature.gov/61-11-26/"},"sources":[{"url":"https://code.wvlegislature.gov/61-11-26/","title":"W. Va. Code § 61-11-26 (expungement of certain criminal convictions)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/59-1-11/","title":"W. Va. Code § 59-1-11 (circuit clerk fees)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/59-2-1/","title":"W. Va. Code § 59-2-1 (suits by persons financially unable to pay)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-09/SCA-CM201.pdf","title":"SCA-C&M201: Financial Affidavit and Application: Eligibility for Waiver of Fees, Costs, or Security in a Civil or Domestic Case (revised 12/14/2016)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/17E-1-13/","title":"W. Va. Code § 17E-1-13(g) (commercial drivers: no masking or expungement of traffic convictions)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-07/SCA-C906.pdf","title":"SCA-C906: Petition for Expungement of Misdemeanor Violations and Traffic Citations (revised 06/04/2019)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/SCA-C907.pdf","title":"SCA-C907: Petition for Expungement of Felony Violations (revised 06/04/2019)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/public-resources/court-forms","title":"Court Forms (expungement motion and petitions)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://legalaidwv.org/legal-information/expungement-of-criminal-records/","title":"Expungement of Criminal Records (FAQ, last updated June 24, 2024)","publisher":"Legal Aid of West Virginia","accessed":"2026-10-22"},{"url":"https://jobsandhope.wv.gov/unlocking-a-fresh-start-expungement-of-criminal-records-in-west-virginia/","title":"Unlocking a Fresh Start: Expungement of Criminal Records in West Virginia","publisher":"Jobs & Hope West Virginia","accessed":"2026-10-22"}]},{"id":"treatment-or-job-program-expungement","name":"Faster expungement after treatment or a job readiness course","type":"expungement","effect":"Same effect as an expungement under § 61-11-26: records sealed or expunged, the conviction treated as never having occurred, with the same exceptions for law enforcement jobs and legally required background checks (W. Va. Code §§ 61-11-26, 61-11-26a).","covers":"Convictions that already qualify under § 61-11-26, for people who completed approved substance use treatment or a state-approved job readiness course.","outcomes":["misdemeanor","felony"],"narrow":"People in approved treatment or job-readiness programs","eligible":["The conviction (a nonviolent felony, or one or more misdemeanors) would qualify for expungement under § 61-11-26 (W. Va. Code § 61-11-26a(a)).","You have a medically documented history of substance abuse and have successfully complied with a treatment or recovery and counseling program approved by the Secretary of the Department of Health, or you graduated from a job readiness adult training course approved by the West Virginia Department of Education, or both (§ 61-11-26a(a)).","You attach documentation of program compliance or the course completion certificate to the petition (§ 61-11-26a(b))."],"not_eligible":["Offenses excluded under § 61-11-26(c), such as violent felonies, sexual offenses, DUI and domestic violence.","Anyone who has already received expungement under § 61-11-26 or § 61-11-26a (§ 61-11-26(o))."],"waiting_periods":[{"record":"One misdemeanor","wait":"After 90 days of successful compliance with an approved treatment program or after completing the job readiness course","detail":"And after any incarceration or supervision ends (§ 61-11-26a(a)(1))."},{"record":"More than one misdemeanor","wait":"1 year after the last conviction, incarceration or supervision, whichever is latest","detail":"§ 61-11-26a(a)(2)."},{"record":"Nonviolent felony","wait":"3 years after the conviction, incarceration or supervision, whichever is latest","detail":"§ 61-11-26a(a)(3)."}],"automatic":"no","automatic_detail":null,"how_to_file":["Use the same court petition forms as § 61-11-26 (SCA-C906 for misdemeanors, SCA-C907 for felonies), which include the § 61-11-26a options.","Attach proof of your treatment compliance or job readiness course certificate.","File, serve and follow the same steps as a regular § 61-11-26 petition."],"where":"Circuit court of the county where the conviction occurred.","forms":[{"name":"SCA-C906: Petition for Expungement of Misdemeanor Violations and Traffic Citations","url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-07/SCA-C906.pdf"},{"name":"SCA-C907: Petition for Expungement of Felony Violations","url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/SCA-C907.pdf"}],"cost":{"filing_fee_usd":200,"detail":"The circuit clerk's civil filing fee ($200 under § 59-1-11(a)(1)) applies because the petition proceeds under § 61-11-26, but the $100 State Police processing fee is waived (§ 61-11-26a(c)).","fee_waiver":"yes","fee_waiver_detail":"As for § 61-11-26 petitions, the waiver rests on Legal Aid of West Virginia and the general statute for civil cases: you can ask to proceed without prepaying the filing fee by filing a financial affidavit (§ 59-2-1; form SCA-C&M201). No expungement statute provides a filing-fee waiver."},"hearing":"sometimes","timeline":null,"statute":{"cite":"W. Va. Code § 61-11-26a","url":"https://code.wvlegislature.gov/61-11-26a/"},"sources":[{"url":"https://code.wvlegislature.gov/61-11-26a/","title":"W. Va. Code § 61-11-26a (expungement with approved treatment or job readiness program)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/61-11-26/","title":"W. Va. Code § 61-11-26 (expungement of certain criminal convictions)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/59-2-1/","title":"W. Va. Code § 59-2-1 (suits by persons financially unable to pay)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-09/SCA-CM201.pdf","title":"SCA-C&M201: Financial Affidavit and Application: Eligibility for Waiver of Fees, Costs, or Security in a Civil or Domestic Case (revised 12/14/2016)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-07/SCA-C906.pdf","title":"SCA-C906: Petition for Expungement of Misdemeanor Violations and Traffic Citations (revised 06/04/2019)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/SCA-C907.pdf","title":"SCA-C907: Petition for Expungement of Felony Violations (revised 06/04/2019)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://legalaidwv.org/legal-information/expungement-of-criminal-records/","title":"Expungement of Criminal Records (FAQ, last updated June 24, 2024)","publisher":"Legal Aid of West Virginia","accessed":"2026-10-22"}]},{"id":"dui-deferral-expungement","name":"Expungement after a first-offense DUI deferral","type":"expungement","effect":"After a dismissal under the DUI deferral program, the court can order all official records of the arrest, trial and conviction expunged, except Division of Motor Vehicles records (W. Va. Code § 17C-5-2b(g)). The dismissal itself is not a conviction for most purposes and restores you to the legal status you had before the arrest, but it can still count when sentencing a later DUI (§ 17C-5-2b(d)).","covers":"A first-offense DUI under § 17C-5-2(e) that was deferred and dismissed after the Motor Vehicle Alcohol Test and Lock Program.","outcomes":["diversion"],"narrow":"First-offense DUI deferral (Test and Lock) only","eligible":["You pleaded to or were found guilty of DUI under § 17C-5-2(e), had no prior DUI conviction anywhere, and told the court within 30 days of the arrest that you wanted a deferral (W. Va. Code § 17C-5-2b(a)).","You completed the Motor Vehicle Alcohol Test and Lock Program (at least 165 days after a 15-day license suspension) and the court dismissed the charge (§ 17C-5-2b(a), (c)).","At least 1 year has passed since your probation ended (§ 17C-5-2b(g)(1))."],"not_eligible":["Anyone previously convicted of a felony (§ 17C-5-2b(g)(1)).","Commercial driver's license holders and commercial vehicle drivers, people charged with another DUI-article violation in the same case, people with a prior DUI-type license revocation, and people a court found refused the chemical test can't get the deferral (§ 17C-5-2b(f)).","Division of Motor Vehicles records are not expunged (§ 17C-5-2b(g)(1)).","The deferral and dismissal can happen only once (§ 17C-5-2b(e))."],"waiting_periods":[{"record":"Dismissed first-offense DUI after Test and Lock","wait":"1 year after probation ends","detail":"§ 17C-5-2b(g)(1)."}],"automatic":"no","automatic_detail":null,"how_to_file":["After the charge is dismissed and at least a year after probation ends, file a motion for expungement with the court that handled the DUI and serve the prosecutor.","The prosecutor has 30 days to object. If there's an objection, the court holds a hearing, and it must order expungement if you had no serious or repeated probation violations (§ 17C-5-2b(g)(2)-(3))."],"where":"The court that deferred and dismissed the DUI charge.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The statute sets no expungement fee. You pay the court costs a person convicted of the offense would pay as part of the deferral (§ 17C-5-2b(h)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The prosecutor has 30 days after service to object.","statute":{"cite":"W. Va. Code § 17C-5-2b","url":"https://code.wvlegislature.gov/17C-5-2b/"},"sources":[{"url":"https://code.wvlegislature.gov/17C-5-2b/","title":"W. Va. Code § 17C-5-2b (DUI deferral with the Motor Vehicle Alcohol Test and Lock Program)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/17C-5-2/","title":"W. Va. Code § 17C-5-2 (driving under the influence)","publisher":"West Virginia Legislature","accessed":"2026-10-22"}]},{"id":"drug-conditional-discharge-expungement","name":"Expungement after a first-offense drug possession discharge","type":"expungement","effect":"A conditional discharge ends without a judgment of guilt and is not a conviction; it restores you to your legal status before the arrest, and you can't be charged with perjury for not mentioning the arrest or trial. Afterward the court can order all official records of the arrest, trial and conviction expunged (W. Va. Code § 60A-4-407).","covers":"First-offense possession of a controlled substance under § 60A-4-401(c) that ended in a conditional discharge.","outcomes":["diversion"],"narrow":"First-offense drug possession only","eligible":["You had no prior drug conviction under state or federal law, pleaded guilty to or were found guilty of possession under § 60A-4-401(c), and the court deferred proceedings and placed you on probation (W. Va. Code § 60A-4-407(a)).","You completed probation and the court discharged you and dismissed the case.","At least 6 months have passed since probation ended, and you had no serious or repeated probation violations (§ 60A-4-407(b))."],"not_eligible":["Anyone who has already had a discharge and dismissal under this section; it is available once (§ 60A-4-407(a))."],"waiting_periods":[{"record":"Conditional discharge for first drug possession","wait":"6 months after probation ends","detail":"§ 60A-4-407(b)."}],"automatic":"no","automatic_detail":null,"how_to_file":["Apply to the court that granted the conditional discharge at least 6 months after probation ends.","The court holds a hearing and orders expungement if you had no serious or repeated probation violations."],"where":"The court that granted the conditional discharge.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The statute sets no expungement fee. You are liable for the court costs a person convicted of possession would pay (§ 60A-4-407(c)).","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":null,"statute":{"cite":"W. Va. Code § 60A-4-407","url":"https://code.wvlegislature.gov/60A-4-407/"},"sources":[{"url":"https://code.wvlegislature.gov/60A-4-407/","title":"W. Va. Code § 60A-4-407 (conditional discharge for first offense of possession)","publisher":"West Virginia Legislature","accessed":"2026-10-22"}]},{"id":"pardon-expungement","name":"Expungement after a Governor's pardon","type":"expungement","effect":"After a full and unconditional pardon, the circuit court can order all public record of the conviction expunged. The Governor's, Legislature's and Secretary of State's pardon records are not expunged. An expunged pardoned conviction may not be considered on an application to a West Virginia school or for professional licensure (W. Va. Code § 5-1-16a).","covers":"Convictions for which the Governor granted a full and unconditional pardon.","outcomes":["misdemeanor","felony"],"narrow":"Only after a full and unconditional pardon from the governor","eligible":["You received a full and unconditional pardon from the Governor (W. Va. Code § 5-1-16a(a)).","At least 1 year has passed since the pardon and at least 5 years since you were discharged from the sentence (§ 5-1-16a(c)-(d)).","The court verifies the pardon and finds good cause after a hearing."],"not_eligible":["First-degree murder, treason, kidnapping and any felony sexual offense under chapter 61, article 8B (§ 5-1-16a(e))."],"waiting_periods":[{"record":"Pardoned conviction","wait":"1 year after the pardon and 5 years after discharge of the sentence","detail":"§ 5-1-16a(c)-(d)."}],"automatic":"no","automatic_detail":null,"how_to_file":["File a petition in the circuit court of the county where you were convicted and serve the prosecuting attorney.","Publish notice of the time and place of the petition as a Class I legal advertisement in that county.","Attend the hearing, where the court verifies the pardon and decides whether there is good cause."],"where":"Circuit court of the county where the conviction occurred.","forms":[],"cost":{"filing_fee_usd":null,"detail":"The statute does not set a filing fee; you pay for publishing the legal notice. We did not confirm the clerk's fee for this petition.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"yes","timeline":null,"statute":{"cite":"W. Va. Code § 5-1-16a","url":"https://code.wvlegislature.gov/5-1-16a/"},"sources":[{"url":"https://code.wvlegislature.gov/5-1-16a/","title":"W. Va. Code § 5-1-16a (expungement after a full and unconditional pardon)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://legalaidwv.org/legal-information/expungement-of-criminal-records/","title":"Expungement of Criminal Records (FAQ, last updated June 24, 2024)","publisher":"Legal Aid of West Virginia","accessed":"2026-10-22"}]},{"id":"trafficking-survivor-vacatur","name":"Vacating prostitution convictions of trafficking survivors","type":"vacatur","effect":"The court may vacate the prostitution conviction and expunge the record (W. Va. Code § 61-14-9(a)).","covers":"Prostitution convictions under § 61-8-5(b) that resulted directly from being a victim of human trafficking.","outcomes":["misdemeanor"],"narrow":"Human trafficking survivors only","eligible":["You were convicted of prostitution under § 61-8-5(b) as a direct result of being a victim of trafficking (W. Va. Code § 61-14-9(a)).","The age and criminal history limits of § 61-11-26 don't apply, and no rehabilitation is required (§ 61-14-9(a)-(c))."],"not_eligible":["Offenses other than prostitution under § 61-8-5(b) (§ 61-14-9(a))."],"waiting_periods":[{"record":"Prostitution conviction","wait":"No waiting period stated","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["File a petition in the circuit court of the county of conviction.","The procedures of § 61-11-26 (petition contents, service, opposition and hearing) apply (§ 61-14-9(c))."],"where":"Circuit court of the county of conviction.","forms":[],"cost":{"filing_fee_usd":null,"detail":"Not stated in § 61-14-9. Because § 61-11-26 procedures apply, the § 61-11-26 filing and State Police fees may apply; we did not confirm.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":null,"statute":{"cite":"W. Va. Code § 61-14-9","url":"https://code.wvlegislature.gov/61-14-9/"},"sources":[{"url":"https://code.wvlegislature.gov/61-14-9/","title":"W. Va. Code § 61-14-9 (vacating and expunging convictions of sex trafficking victims)","publisher":"West Virginia Legislature","accessed":"2026-10-22"}]}],"clean_slate":{"status":"none","effective":null,"detail":"West Virginia has no Clean Slate or automatic expungement law. Every route requires a petition or motion; the court that acquits someone or dismisses charges must tell them they can petition (W. Va. Code § 61-11-25(b)). No bill changing the expungement statutes passed in the 2025 or 2026 regular sessions.","sources":[{"url":"https://code.wvlegislature.gov/61-11-25/","title":"W. Va. Code § 61-11-25 (expungement after acquittal, dismissal, pretrial diversion or deferred adjudication)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://www.wvlegislature.gov/Bill_Status/Bills_all_pass.cfm?year=2025&sessiontype=RS&btype=bill","title":"Completed Legislation, 2025 Regular Session","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://www.wvlegislature.gov/Bill_Status/Bills_all_pass.cfm?year=2026&sessiontype=RS&btype=bill","title":"Completed Legislation, 2026 Regular Session","publisher":"West Virginia Legislature","accessed":"2026-10-22"}]},"marijuana":{"detail":"We found no marijuana-specific expungement law. A first-offense possession charge, including marijuana, can end in a conditional discharge, and the record can then be expunged 6 months after probation ends (W. Va. Code § 60A-4-407). Other marijuana convictions follow the general rules for misdemeanors and nonviolent felonies (§ 61-11-26).","sources":[{"url":"https://code.wvlegislature.gov/60A-4-407/","title":"W. Va. Code § 60A-4-407 (conditional discharge for first offense of possession)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/61-11-26/","title":"W. Va. Code § 61-11-26 (expungement of certain criminal convictions)","publisher":"West Virginia Legislature","accessed":"2026-10-22"}]},"non_conviction":{"detail":"A person found not guilty, or whose charges were dismissed (not as part of a plea to another offense), can petition the circuit court to expunge all records of the arrest and charge 60 days after the acquittal or dismissal, with no filing fee (W. Va. Code § 61-11-25). Under a 2024 amendment (HB 4399), the same route covers charges dismissed after completing pretrial diversion or deferred adjudication, except deferred family-violence cases. People with a prior felony conviction cannot use this route. A first-offense drug possession discharge (§ 60A-4-407) and a first-offense DUI deferral (§ 17C-5-2b) have their own expungement routes.","sources":[{"url":"https://code.wvlegislature.gov/61-11-25/","title":"W. Va. Code § 61-11-25 (expungement after acquittal, dismissal, pretrial diversion or deferred adjudication)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/61-11-22a/","title":"W. Va. Code § 61-11-22a (deferred adjudication; last amended by HB 5466, 2026)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/60A-4-407/","title":"W. Va. Code § 60A-4-407 (conditional discharge for first offense of possession)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/17C-5-2b/","title":"W. Va. Code § 17C-5-2b (DUI deferral with the Motor Vehicle Alcohol Test and Lock Program)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://legalaidwv.org/legal-information/expungement-of-criminal-records/","title":"Expungement of Criminal Records (FAQ, last updated June 24, 2024)","publisher":"Legal Aid of West Virginia","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"A DUI conviction cannot be expunged (W. Va. Code § 61-11-26(c)(7)), nor can driving on a license suspended or revoked under § 17B-4-3. But a DUI conviction at least 5 years old doesn't stop you from expunging an unrelated, otherwise eligible felony (§ 61-11-26(c)). A first-offense misdemeanor DUI under § 17C-5-2(e) can be deferred through the Motor Vehicle Alcohol Test and Lock Program; after the charge is dismissed and a year passes from the end of probation, the court can expunge the arrest, trial and conviction records, except Division of Motor Vehicles records, if you have no felony conviction (§ 17C-5-2b). Commercial driver's license holders can't use the deferral, and their traffic offense records can't be expunged (§§ 17C-5-2b(f), 17E-1-13(g)).","sources":[{"url":"https://code.wvlegislature.gov/61-11-26/","title":"W. Va. Code § 61-11-26 (expungement of certain criminal convictions)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/17C-5-2b/","title":"W. Va. Code § 17C-5-2b (DUI deferral with the Motor Vehicle Alcohol Test and Lock Program)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/17C-5-2/","title":"W. Va. Code § 17C-5-2 (driving under the influence)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/17E-1-13/","title":"W. Va. Code § 17E-1-13(g) (commercial drivers: no masking or expungement of traffic convictions)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://legalaidwv.org/legal-information/expungement-of-criminal-records/","title":"Expungement of Criminal Records (FAQ, last updated June 24, 2024)","publisher":"Legal Aid of West Virginia","accessed":"2026-10-22"}]},"employers":{"detail":"After expungement, you don't have to disclose the record on an application for employment, credit or other purposes, and the court and agencies reply that no record exists (W. Va. Code §§ 61-11-25(e), 61-11-26(l)). Exceptions for expunged convictions: applicants for jobs in law enforcement, prosecution or corrections must disclose all convictions, and employers required by state or federal law to run a criminal history check may know about expunged convictions (§ 61-11-26(l)). Legal Aid of West Virginia notes expunged convictions can still disqualify people from some jobs working with children, older adults or people with disabilities. Most occupational licensing boards may deny a license only for an unreversed conviction (one not set aside, vacated, pardoned or expunged) that has a rational nexus to the job (§ 30-1-24), and a pardoned conviction expunged under § 5-1-16a may not be considered for professional licensure. We found no West Virginia ban-the-box law covering private employers; bills to create a statewide Ban the Box Act (HB 4905 in 2020, HB 2415 in 2023, HB 4229 in 2024) did not pass.","sources":[{"url":"https://code.wvlegislature.gov/61-11-25/","title":"W. Va. Code § 61-11-25 (expungement after acquittal, dismissal, pretrial diversion or deferred adjudication)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/61-11-26/","title":"W. Va. Code § 61-11-26 (expungement of certain criminal convictions)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/30-1-24/","title":"W. Va. Code § 30-1-24 (criminal records and occupational licenses)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/5-1-16a/","title":"W. Va. Code § 5-1-16a (expungement after a full and unconditional pardon)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://legalaidwv.org/legal-information/expungement-of-criminal-records/","title":"Expungement of Criminal Records (FAQ, last updated June 24, 2024)","publisher":"Legal Aid of West Virginia","accessed":"2026-10-22"}]},"free_help":[{"name":"Legal Aid of West Virginia","url":"https://legalaidwv.org/legal-information/expungement-of-criminal-records/","type":"legal_aid","detail":"Statewide legal aid with a detailed expungement FAQ; helpline 866-255-4370 and online application."},{"name":"West Virginia Judiciary: Court Forms","url":"https://www.courtswv.gov/public-resources/court-forms","type":"court_self_help","detail":"Official expungement motion and petition forms (SCA-C903, SCA-C906, SCA-C907) and the victim's opposition form."},{"name":"Jobs & Hope West Virginia","url":"https://jobsandhope.wv.gov/unlocking-a-fresh-start-expungement-of-criminal-records-in-west-virginia/","type":"state_agency","detail":"State recovery-to-work program that has partnered with Legal Aid of West Virginia on expungements for its participants."}],"sources":[{"url":"https://code.wvlegislature.gov/61-11-25/","title":"W. Va. Code § 61-11-25 (expungement after acquittal, dismissal, pretrial diversion or deferred adjudication)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/61-11-26/","title":"W. Va. Code § 61-11-26 (expungement of certain criminal convictions)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/61-11-26a/","title":"W. Va. Code § 61-11-26a (expungement with approved treatment or job readiness program)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/61-11-22/","title":"W. Va. Code § 61-11-22 (pretrial diversion)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/61-11-22a/","title":"W. Va. Code § 61-11-22a (deferred adjudication; last amended by HB 5466, 2026)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/60A-4-407/","title":"W. Va. Code § 60A-4-407 (conditional discharge for first offense of possession)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/17C-5-2b/","title":"W. Va. Code § 17C-5-2b (DUI deferral with the Motor Vehicle Alcohol Test and Lock Program)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/17C-5-2/","title":"W. Va. Code § 17C-5-2 (driving under the influence)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/5-1-16a/","title":"W. Va. Code § 5-1-16a (expungement after a full and unconditional pardon)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/61-14-9/","title":"W. Va. Code § 61-14-9 (vacating and expunging convictions of sex trafficking victims)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/59-1-11/","title":"W. Va. Code § 59-1-11 (circuit clerk fees)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/59-2-1/","title":"W. Va. Code § 59-2-1 (suits by persons financially unable to pay)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-09/SCA-CM201.pdf","title":"SCA-C&M201: Financial Affidavit and Application: Eligibility for Waiver of Fees, Costs, or Security in a Civil or Domestic Case (revised 12/14/2016)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/30-1-24/","title":"W. Va. Code § 30-1-24 (criminal records and occupational licenses)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://code.wvlegislature.gov/17E-1-13/","title":"W. Va. Code § 17E-1-13(g) (commercial drivers: no masking or expungement of traffic convictions)","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/public-resources/court-forms","title":"Court Forms (expungement motion and petitions)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/SCA-C-903.pdf","title":"SCA-C903: Motion for Expungement of Criminal Records Due to Acquittal or Dismissal for Reasons Other than Entry of a Plea (revised 04/01/2010)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-07/SCA-C906.pdf","title":"SCA-C906: Petition for Expungement of Misdemeanor Violations and Traffic Citations (revised 06/04/2019)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/SCA-C907.pdf","title":"SCA-C907: Petition for Expungement of Felony Violations (revised 06/04/2019)","publisher":"Supreme Court of Appeals of West Virginia","accessed":"2026-10-22"},{"url":"https://legalaidwv.org/legal-information/expungement-of-criminal-records/","title":"Expungement of Criminal Records (FAQ, last updated June 24, 2024)","publisher":"Legal Aid of West Virginia","accessed":"2026-10-22"},{"url":"https://jobsandhope.wv.gov/unlocking-a-fresh-start-expungement-of-criminal-records-in-west-virginia/","title":"Unlocking a Fresh Start: Expungement of Criminal Records in West Virginia","publisher":"Jobs & Hope West Virginia","accessed":"2026-10-22"},{"url":"https://www.wvlegislature.gov/Bill_Status/Bills_all_pass.cfm?year=2025&sessiontype=RS&btype=bill","title":"Completed Legislation, 2025 Regular Session","publisher":"West Virginia Legislature","accessed":"2026-10-22"},{"url":"https://www.wvlegislature.gov/Bill_Status/Bills_all_pass.cfm?year=2026&sessiontype=RS&btype=bill","title":"Completed Legislation, 2026 Regular Session","publisher":"West Virginia Legislature","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"wisconsin","code":"WI","name":"Wisconsin","terms":["expungement","special disposition","pardon","arrest record removal"],"summary":"Wisconsin's record-clearing options are very limited. A court can expunge an adult conviction only if the judge orders it at sentencing, the person was under 25 at the time of the offense, and the offense carries a maximum prison term of 6 years or less. A judge cannot add expungement after sentencing. For most adults with older convictions the remaining routes are a governor's pardon (felonies only), which forgives but does not seal the record, and asking the Department of Justice to remove arrests that did not lead to a conviction.","remedies":[{"id":"expungement-at-sentencing","name":"Expungement ordered at sentencing (Wis. Stat. 973.015)","type":"expungement","effect":"The court case file is sealed and no longer shows on Wisconsin Circuit Court Access (WCCA); the conviction is not vacated or set aside. The Director of State Courts' brochure says it seals the court record only: the Crime Information Bureau (state criminal history repository), police, district attorneys and the Department of Transportation keep their records, and employers often check the repository. Wisconsin's Labor and Industry Review Commission has held that an employer may not rely on an expunged conviction to defend a hiring decision.","covers":"Misdemeanors and lower-level felonies (maximum prison term of 6 years or less) committed before age 25, where the judge ordered expungement at sentencing.","outcomes":["misdemeanor","felony"],"narrow":"Under 25, if the judge ordered it at sentencing","eligible":["You were under 25 when the offense was committed.","The offense has a maximum period of imprisonment of 6 years or less.","The judge ordered, at the time of sentencing, that the record be expunged once you successfully complete the sentence, finding you will benefit and society will not be harmed.","You then successfully complete the sentence: no new conviction, probation not revoked, and all conditions met (for non-probation sentences, including all court-ordered financial obligations)."],"not_eligible":["Expungement requested after sentencing: the Wisconsin Supreme Court (State v. Arberry, 2018 WI 7) read \"at the time of sentencing\" to mean only when the sentence is imposed.","People who were 25 or older at the time of the offense.","Offenses with a maximum prison term over 6 years.","A Class H or Class I felony if you had a prior felony conviction, if it is a violent offense, or if it is one of the specific sex-related or child-related offenses listed in 973.015(1m)(a)3.","Department of Transportation driving records required under s. 343.23(2)(a) are not expunged.","Dismissed cases and acquittals (there is no conviction for the court to expunge; see arrest record removal instead).","Traffic citations, civil cases and small claims cases, per the court system's brochure."],"waiting_periods":[{"record":"Any eligible conviction","wait":"No waiting period; it happens when the sentence is successfully completed","detail":"The decision is made at sentencing. If you were on probation or in custody, the agent or institution sends a certificate of discharge to the court and the clerk expunges the record. If your sentence was only a fine or similar (no probation, jail or prison), you file form CR-266 after completing it."}],"automatic":"some","automatic_detail":"If expungement was ordered at sentencing and you were on probation or in custody, the certificate of discharge from the supervising authority has the effect of expunging the record without a petition. If no certificate was filed, the court system advises contacting the agent or institution.","how_to_file":["Ask your lawyer to request expungement at sentencing; the judge must decide then.","Complete every part of the sentence, including fines, restitution and probation conditions, without a new conviction.","If you were on probation or in jail/prison: the Department of Corrections or institution sends a certificate of discharge to the court; contact your agent if it was not filed.","If you had a fine-only or similar sentence (no probation, jail or prison): file form CR-266, Petition to Expunge Criminal Court Record of Conviction, with the circuit court in the county of conviction, with copies to the district attorney."],"where":"The Wisconsin circuit court that sentenced you.","forms":[{"name":"CR-266, Petition to Expunge Criminal Court Record of Conviction (Non-Probation/Non-Incarceration)","url":"https://www.wicourts.gov/forms/CR-266.pdf"}],"cost":{"filing_fee_usd":null,"detail":"Form CR-266 and the court system's expungement brochure do not list a filing fee. Check with the clerk of circuit court in your county.","fee_waiver":"not_stated","fee_waiver_detail":"We did not find an official statement on fee waivers for an expungement petition."},"hearing":"not_stated","timeline":null,"statute":{"cite":"Wis. Stat. 973.015","url":"https://docs.legis.wisconsin.gov/statutes/statutes/973/015"},"sources":[{"url":"https://docs.legis.wisconsin.gov/statutes/statutes/973/015","title":"Wis. Stat. 973.015 Special disposition","publisher":"Wisconsin State Legislature","accessed":"2026-10-21"},{"url":"https://www.wicourts.gov/forms/CR-266.pdf","title":"CR-266 Petition to Expunge Criminal Court Record of Conviction (rev. 05/24)","publisher":"Wisconsin Court System","accessed":"2026-10-21"},{"url":"https://wisatj.org/wp-content/uploads/Expungement-brochure.pdf","title":"Expunging Court Records: Helpful Information and Frequently Asked Questions (April 2015)","publisher":"Wisconsin Director of State Courts Office","accessed":"2026-10-21"},{"url":"https://lirc.wisconsin.gov/erdecsns/1533.htm","title":"Staten v. Holton Manor, ERD Case No. CR201303113 (Jan. 30, 2018)","publisher":"Wisconsin Labor and Industry Review Commission","accessed":"2026-10-21"}]},{"id":"pardon","name":"Governor's pardon","type":"pardon","effect":"A pardon is forgiveness from the governor. It can restore certain civil rights (such as jury service, firearm possession and holding office) and relieve some legal disabilities. It does not expunge or seal the record; public records are updated to show the pardon, and the arrest stays in the DOJ criminal history.","covers":"Wisconsin felony convictions where the sentence was finished at least 5 years ago; for most adults this is the only post-sentencing relief.","outcomes":["felony"],"narrow":null,"eligible":["The conviction is a Wisconsin felony.","At least 5 years have passed since you finished all confinement and all supervision (probation, parole or extended supervision).","You have no pending criminal cases or charges anywhere.","You are not currently required to register as a sex offender.","Misdemeanors are considered only if they were resolved together with the felony (same judgment or same sentencing date)."],"not_eligible":["Misdemeanor-only records.","Applications for people who have died.","Under Governor Evers, the eligibility rules could not be waived."],"waiting_periods":[{"record":"Felony","wait":"5 years after finishing the entire sentence, including supervision","detail":null}],"automatic":"no","automatic_detail":null,"how_to_file":["Use the current pardon application from the governor's website (older versions are not accepted). After the new governor takes office in January 2027, check that office's site, since the process may change.","Get certified copies of the court records from the clerk of court in the county of conviction.","Have the application notarized; letters of recommendation are encouraged but not required.","Mail it to the Office of the Governor, Attn: Pardon Advisory Board (email is not accepted).","Some older, low-level felony applications go on an expedited track without a hearing; others are heard by the Pardon Advisory Board."],"where":"Office of the Governor, Pardon Advisory Board, PO Box 7863, Madison, WI 53707.","forms":[{"name":"Pardon application and instructions (Office of the Governor)","url":"https://evers.wi.gov/Pages/Pardon-information.aspx"}],"cost":{"filing_fee_usd":0,"detail":"No application fee. The clerk of court may charge for certified copies of your court records.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"Most applicants get a hearing, typically at least 18 months after the application arrives. Governor Evers' term ends in January 2027, and the last mailing date for consideration during his term was Monday, October 5, 2026, which has passed. Applications mailed later, and ones still undecided, are held for the next administration, which may not use the same format or process. There is no appeal; a denied applicant may reapply 18 months after the denial.","statute":{"cite":"Wis. Stat. ch. 304 (paroles and pardons), as listed by the Wisconsin State Law Library; process set by the governor's office","url":"https://wilawlibrary.gov/topics/justice/crimlaw/pardons.php"},"sources":[{"url":"https://evers.wi.gov/Pages/Pardon-information.aspx","title":"Pardon Information","publisher":"Office of the Governor of Wisconsin","accessed":"2026-10-22"},{"url":"https://wilawlibrary.gov/topics/justice/crimlaw/pardons.php","title":"Pardons, etc.","publisher":"Wisconsin State Law Library","accessed":"2026-10-21"}]}],"clean_slate":{"status":"none","effective":null,"detail":"Wisconsin has no automatic record-clearing law. The only automatic step is that a judge-ordered expungement takes effect when the sentence is completed. Separately, under a 2017 Director of State Courts action plan implemented in 2018, criminal cases where all charges were dismissed or ended in acquittal are displayed on the public WCCA website for 2 years; that limits online display but does not clear the record.","sources":[{"url":"https://docs.legis.wisconsin.gov/statutes/statutes/973/015","title":"Wis. Stat. 973.015 Special disposition","publisher":"Wisconsin State Legislature","accessed":"2026-10-21"},{"url":"https://www.wicourts.gov/courts/committees/docs/wccaactionplan2017.pdf","title":"WCCA Oversight Committee action plan (2017)","publisher":"Wisconsin Court System, Director of State Courts","accessed":"2026-10-21"}]},"marijuana":{"detail":null,"sources":[]},"non_conviction":{"detail":"A court cannot expunge a dismissed case or an acquittal because there is no conviction. Instead, under Wis. Stat. 165.84(1), a person who was released without charge, or cleared of the offense through court proceedings (dismissal or not-guilty finding), may ask the Department of Justice to remove the fingerprint/arrest record from the state criminal history. You send form DJ-LE-250B (Fingerprint Record Removal Request) with an arrest fingerprint card to the Crime Information Bureau; there is no fee, and DOJ asks the FBI to remove forwarded records. All charges from that arrest must have ended without conviction, and DOJ says an arrest tied to a conviction (even an expunged one) or a pardon cannot be removed. Separately, WCCA displays fully dismissed or acquitted criminal cases for 2 years.","sources":[{"url":"https://docs.legis.wisconsin.gov/statutes/statutes/165/84","title":"Wis. Stat. 165.84","publisher":"Wisconsin State Legislature","accessed":"2026-10-21"},{"url":"https://www.wisdoj.gov/Pages/Incorrect-Criminal-History-Information.aspx","title":"Incorrect Criminal History Information","publisher":"Wisconsin Department of Justice","accessed":"2026-10-21"},{"url":"https://www.wisdoj.gov/Law%20Enforcement%20Services/Remove_Arrest_Information_7-jan-19.pdf","title":"Remove Arrest Information","publisher":"Wisconsin Department of Justice, Crime Information Bureau","accessed":"2026-10-21"},{"url":"https://www.wisdoj.gov/Law%20Enforcement%20Services/DJ_LE-250B_Draft_02232017_Fingerprint_Removal_Request.pdf","title":"DJ-LE-250B Fingerprint Record Removal Request","publisher":"Wisconsin Department of Justice","accessed":"2026-10-21"},{"url":"https://wisatj.org/wp-content/uploads/Expungement-brochure.pdf","title":"Expunging Court Records: Helpful Information and Frequently Asked Questions (April 2015)","publisher":"Wisconsin Director of State Courts Office","accessed":"2026-10-21"},{"url":"https://www.wicourts.gov/courts/committees/docs/wccaactionplan2017.pdf","title":"WCCA Oversight Committee action plan (2017)","publisher":"Wisconsin Court System, Director of State Courts","accessed":"2026-10-21"}]},"dui":{"eligible":"some","detail":"A first-offense OWI is usually a civil forfeiture ($150 to $300 under Wis. Stat. 346.65(2)(am)1), not a crime, and the court system's brochure says traffic citations cannot be expunged. A first offense with a passenger under 16 is a crime with 5 days to 6 months in jail (346.65(2)(f)). A criminal OWI (for example a second offense, which carries up to 6 months in jail) can be expunged only under the general rule: you were under 25, the judge ordered it at sentencing, and you completed the sentence. Even then, 973.015 does not expunge Department of Transportation records, and the Wisconsin Supreme Court held in State v. Braunschweig, 2018 WI 113, that an expunged OWI conviction still counts as a prior offense for later OWI penalties.","sources":[{"url":"https://docs.legis.wisconsin.gov/statutes/statutes/346/x/65/2/am","title":"Wis. Stat. 346.65(2)(am)","publisher":"Wisconsin State Legislature","accessed":"2026-10-21"},{"url":"https://docs.legis.wisconsin.gov/statutes/statutes/973/015","title":"Wis. Stat. 973.015 Special disposition","publisher":"Wisconsin State Legislature","accessed":"2026-10-21"},{"url":"https://wisatj.org/wp-content/uploads/Expungement-brochure.pdf","title":"Expunging Court Records: Helpful Information and Frequently Asked Questions (April 2015)","publisher":"Wisconsin Director of State Courts Office","accessed":"2026-10-21"},{"url":"https://www.wispd.gov/2019/01/scow-expunged-conviction-counts-as-prior-under-§-343-307/","title":"SCOW: Expunged conviction counts as prior under s. 343.307 (State v. Braunschweig, 2018 WI 113)","publisher":"Wisconsin State Public Defender, On Point","accessed":"2026-10-21"}]},"employers":{"detail":"The Wisconsin Fair Employment Act (Wis. Stat. 111.31 to 111.395) applies to private employers. Employers generally may not ask about arrests that did not lead to a conviction, though they may ask about pending charges, and may generally act on a pending charge or a conviction only if its circumstances \"substantially relate\" to the job, with a few job-specific exceptions such as some licensed security and educational positions involving unpardoned felonies (s. 111.335). The Department of Workforce Development says blanket bans on everyone with a record are not allowed and complaints must be filed within 300 days. The Labor and Industry Review Commission held in Staten v. Holton Manor (2018) that an employer may not base the \"substantially related\" defense on an expunged conviction. We did not confirm a state ban-the-box law covering private employers.","sources":[{"url":"https://docs.legis.wisconsin.gov/statutes/statutes/111/ii/335","title":"Wis. Stat. 111.335 Arrest or conviction record; exceptions and special cases","publisher":"Wisconsin State Legislature","accessed":"2026-10-21"},{"url":"https://dwd.wisconsin.gov/er/civilrights/discrimination/arrest.htm","title":"Arrest and Conviction Record Discrimination","publisher":"Wisconsin Department of Workforce Development, Equal Rights Division","accessed":"2026-10-21"},{"url":"https://lirc.wisconsin.gov/erdecsns/1533.htm","title":"Staten v. Holton Manor, ERD Case No. CR201303113 (Jan. 30, 2018)","publisher":"Wisconsin Labor and Industry Review Commission","accessed":"2026-10-21"}]},"free_help":[{"name":"Wisconsin State Law Library: pardons, expungement and arrest records","url":"https://wilawlibrary.gov/topics/justice/crimlaw/pardons.php","type":"court_self_help","detail":"Court-run law library guide linking the expungement forms, DOJ arrest-removal process and pardon information; reference staff at (800) 322-9755."},{"name":"Wisconsin DOJ Crime Information Bureau","url":"https://www.wisdoj.gov/Pages/Incorrect-Criminal-History-Information.aspx","type":"state_agency","detail":"How to remove a non-conviction arrest or challenge an inaccurate state criminal history record."},{"name":"Office of the Governor: Pardon Information","url":"https://evers.wi.gov/Pages/Pardon-information.aspx","type":"state_agency","detail":"Pardon eligibility, the current application and mailing instructions."}],"sources":[{"url":"https://docs.legis.wisconsin.gov/statutes/statutes/973/015","title":"Wis. Stat. 973.015 Special disposition","publisher":"Wisconsin State Legislature","accessed":"2026-10-21"},{"url":"https://docs.legis.wisconsin.gov/statutes/statutes/165/84","title":"Wis. Stat. 165.84","publisher":"Wisconsin State Legislature","accessed":"2026-10-21"},{"url":"https://docs.legis.wisconsin.gov/statutes/statutes/111/ii/335","title":"Wis. Stat. 111.335","publisher":"Wisconsin State Legislature","accessed":"2026-10-21"},{"url":"https://docs.legis.wisconsin.gov/statutes/statutes/346/x/65/2/am","title":"Wis. Stat. 346.65(2)(am)","publisher":"Wisconsin State Legislature","accessed":"2026-10-21"},{"url":"https://www.wicourts.gov/forms/CR-266.pdf","title":"CR-266 Petition to Expunge Criminal Court Record of Conviction","publisher":"Wisconsin Court System","accessed":"2026-10-21"},{"url":"https://wisatj.org/wp-content/uploads/Expungement-brochure.pdf","title":"Expunging Court Records: Helpful Information and FAQ","publisher":"Wisconsin Director of State Courts Office","accessed":"2026-10-21"},{"url":"https://www.wicourts.gov/courts/committees/docs/wccaactionplan2017.pdf","title":"WCCA Oversight Committee action plan (2017)","publisher":"Wisconsin Court System","accessed":"2026-10-21"},{"url":"https://www.wisdoj.gov/Pages/Incorrect-Criminal-History-Information.aspx","title":"Incorrect Criminal History Information","publisher":"Wisconsin Department of Justice","accessed":"2026-10-21"},{"url":"https://evers.wi.gov/Pages/Pardon-information.aspx","title":"Pardon Information","publisher":"Office of the Governor of Wisconsin","accessed":"2026-10-22"},{"url":"https://dwd.wisconsin.gov/er/civilrights/discrimination/arrest.htm","title":"Arrest and Conviction Record Discrimination","publisher":"Wisconsin DWD","accessed":"2026-10-21"},{"url":"https://lirc.wisconsin.gov/erdecsns/1533.htm","title":"Staten v. Holton Manor (2018)","publisher":"Wisconsin LIRC","accessed":"2026-10-21"},{"url":"https://www.wispd.gov/2019/01/scow-expunged-conviction-counts-as-prior-under-§-343-307/","title":"SCOW: Expunged conviction counts as prior under s. 343.307","publisher":"Wisconsin State Public Defender","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"wyoming","code":"WY","name":"Wyoming","terms":["expungement"],"summary":"Wyoming clears records only by petition. An expunged record is sealed from the public but stays available to law enforcement. Arrests and charges that ended without a conviction can be expunged after 180 days with no filing fee. A misdemeanor conviction can be expunged 5 years after the sentence ends ($100, once in a lifetime). A first felony that isn't violent or on a long exclusion list can be expunged after 10 years ($300, once). Cases dismissed after deferred probation are excluded from the arrest statute, and the Judicial Branch says they don't qualify under the misdemeanor statute either; no official source we found names another route. Nothing is cleared automatically.","remedies":[{"id":"arrest-expungement","name":"Expungement of arrests and dismissed charges","type":"expungement","effect":"DCI classifies the arrest, charge and disposition records in the state central repository so they are not shared with anyone except criminal justice agencies, for criminal justice purposes; investigative files are not covered (W.S. 7-13-1401(j)). The court also seals its own file, which can then be inspected only by court order (§ 7-13-1401(d)). After the order you may respond to any inquiry as though the arrest or charges did not occur, unless another law says otherwise (§ 7-13-1401(f)).","covers":"Arrests and charges that ended without a conviction: no charges filed, charges dismissed by the prosecutor or court, or acquittal.","outcomes":["no_conviction"],"narrow":null,"eligible":["At least 180 days have passed since the arrest, or since the charges were dismissed, and no formal charges are pending against you (W.S. 7-13-1401(a)(i)).","At least one of these is true for the incident: there were no convictions, including on a lesser or different charge; no criminal charges were filed in any court; or all criminal proceedings were dismissed by the prosecutor or the court (§ 7-13-1401(a)(i)(A)-(C))."],"not_eligible":["Any charge from the incident that ended in deferred probation under W.S. 7-13-301, probation for a first drug offense under W.S. 35-7-1037, or former W.S. 7-13-203, even if the charge was later dismissed (§ 7-13-1401(a)(i)). The Judicial Branch says a person who pleaded guilty or was convicted can't use this route even if there was deferred adjudication and the charge was later dismissed, and that the person may still be able to use other statutes, but it doesn't name one.","Incidents that led to any conviction, including a conviction for a different or lesser charge (§ 7-13-1401(a)(i)(A)).","Arrests or charges outside Wyoming; only Wyoming crimes can be expunged by a Wyoming court (Wyoming Judicial Branch)."],"waiting_periods":[{"record":"Arrest with no charges, dismissal or acquittal","wait":"180 days from the arrest or from the dismissal","detail":"No formal charges can be pending when you file (§ 7-13-1401(a)(i))."}],"automatic":"no","automatic_detail":"DCI keeps adult criminal history, including dismissed charges and declined prosecutions, until a court orders expungement (DCI Criminal Records Unit). The Judicial Branch says not to expect any record to be expunged automatically.","how_to_file":["Get your Wyoming criminal history from the Division of Criminal Investigation to see what is on your record. Requests from the record subject need fingerprints (W.S. 7-19-106(c)).","Write a petition for expungement and sign it under oath (verify it). The Judicial Branch's self-help site has an expungement handout but no statewide petition form.","File it in the court where the case was or would have been heard. There is no filing fee (§ 7-13-1401(e)).","Serve the petition on the prosecuting attorney, who has 20 days to object (§ 7-13-1401(b)-(c)). If no one objects, the court may enter the order without a hearing.","If the prosecutor objects, the court sets a hearing (§ 7-13-1401(c)). The Judicial Branch says to have a proposed Order for Expungement ready for the judge to sign.","If the petition is granted, the court seals its file and sends a certified copy of the order to the Division of Criminal Investigation (DCI), which removes the records from public access."],"where":"The court in which the proceeding happened, or would have happened (W.S. 7-13-1401(a)).","forms":[],"cost":{"filing_fee_usd":0,"detail":"There is no filing fee for this petition (W.S. 7-13-1401(e)). Getting your DCI criminal history and fingerprints may cost extra.","fee_waiver":"not_stated","fee_waiver_detail":null},"hearing":"sometimes","timeline":"The prosecutor has 20 days after service to object, and no order may be issued before then (§ 7-13-1401(b)-(c)).","statute":{"cite":"W.S. 7-13-1401","url":"https://wyoleg.gov/statutes/compress/Title07.pdf"},"sources":[{"url":"https://wyoleg.gov/statutes/compress/Title07.pdf","title":"Wyoming Statutes Title 7 (Criminal Procedure), as of July 1, 2026: W.S. 7-13-301, 7-13-1401, 7-13-1501, 7-13-1502, 7-19-106","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/stateStatutes/StatutesDownload","title":"Wyoming Statutes - Files in Download Format (includes 2026 Budget Session changes, current as of July 1, 2026)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/legal-help-by-topic/expungements/","title":"Expungements (Legal Help by Topic, Equal Justice Wyoming)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/app/uploads/2025/12/Expungement-Handout_07.15.26.pdf","title":"Expungement of Criminal Records handout (Rev. July 2026)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://wyomingdci.wyo.gov/criminal-justice-information-services-cjis/criminal-records-unit","title":"Criminal Records Unit","publisher":"Wyoming Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://wyomingdci.wyo.gov/criminal-justice-information-services-cjis/criminal-records-unit/criminal-history-faqs","title":"Criminal History FAQs","publisher":"Wyoming Division of Criminal Investigation","accessed":"2026-10-22"}]},{"id":"misdemeanor-expungement","name":"Expungement of a misdemeanor conviction","type":"expungement","effect":"The conviction records in the DCI central repository are restricted so they are shared only with criminal justice agencies for criminal justice purposes, and the court seals its file, which can then be inspected only by court order (W.S. 7-13-1501(g), (m); § 7-13-1401(j)). The Judicial Branch says an expunged record can be seen only by law enforcement and that you do not have to disclose it to employers or anyone else. DCI says expunged criminal history is still available for criminal justice purposes.","covers":"Misdemeanor convictions and guilty or no-contest pleas to misdemeanors in Wyoming, once in a lifetime.","outcomes":["misdemeanor"],"narrow":null,"eligible":["You pleaded guilty or no contest to, or were convicted of, a misdemeanor, meaning a crime punishable by 1 year or less (W.S. 7-13-1501(a); § 6-10-101).","At least 5 years have passed since the sentence ended, including probation and any court-ordered program. For a status offense, the wait is 1 year (§ 7-13-1501(a)(i)).","The court finds you are not a substantial danger to yourself, any identifiable victim or society (§ 7-13-1501(g))."],"not_eligible":["Misdemeanors that involved the use or attempted use of a firearm (§ 7-13-1501(a)(iii)).","A health care provider's conviction under W.S. 6-2-313 for an offense against a patient (§ 7-13-1501(a)(iv)).","Anyone who already received a misdemeanor conviction expungement under this section; only one is allowed (§ 7-13-1501(k)).","Cases that ended with deferred adjudication and a dismissal, according to the Wyoming Judicial Branch. The statute itself covers anyone who \"pled guilty or nolo contendere to or been convicted of a misdemeanor\" and doesn't mention deferred cases, so the court's guidance and the statute's text don't clearly line up; we found no court ruling that settles it.","Convictions from other states (Wyoming Judicial Branch)."],"waiting_periods":[{"record":"Misdemeanor (not a status offense)","wait":"5 years after the sentence ends","detail":"Counted from the end of the sentence, including probation or completion of any court-ordered program (§ 7-13-1501(a)(i))."},{"record":"Status offense (an offense that would not be a crime if an adult committed it)","wait":"1 year after the sentence ends","detail":"Status offense as defined in W.S. 7-1-107(b)(iii). That definition leaves out underage alcohol violations under W.S. 12-6-101, so on the statute's text those need the 5-year wait. The Judicial Branch's guide gives underage drinking as its example of a status offense, which conflicts with the statute; ask the court or a lawyer which wait applies."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your Wyoming criminal history from DCI (fingerprints required) so you know exactly which conviction you are asking about.","Write a petition for expungement and verify it (sign under oath). There is no statewide petition form on the Judicial Branch site.","File it with the court that convicted you and pay the $100 fee, or ask the court to waive it with the Judicial Branch's Affidavit of Indigency (a judge decides).","Serve the petition on the prosecuting attorney and on DCI (§ 7-13-1501(b)). The prosecutor notifies any identifiable victims by certified mail.","The prosecutor and victims have 30 days to object; the court may also ask DCI for a criminal history report. If no one objects, the court may grant the petition without a hearing, but not before the 30 days run (§ 7-13-1501(d)-(f)).","If the prosecutor or a victim objects, the court sets a hearing. The Judicial Branch says to have a proposed Order for Expungement ready for the judge to sign.","If the petition is granted, the court seals its file and sends a certified copy of the order to the Division of Criminal Investigation (DCI), which removes the records from public access."],"where":"The court that convicted you (W.S. 7-13-1501(a)).","forms":[],"cost":{"filing_fee_usd":100,"detail":"$100 filing fee for each petition (W.S. 7-13-1501(b)). Getting your DCI criminal history and fingerprints may cost extra.","fee_waiver":"not_stated","fee_waiver_detail":"The statute sets the fee and doesn't mention a waiver. The Wyoming Judicial Branch publishes general fee-waiver forms (MISC 10 instructions, the MISC 11 Affidavit of Indigency and Request for Waiver of Fees, and the MISC 12 order); there is no fee to file the affidavit, it must be signed in front of a notary, and a judge decides. The instructions are written for district court filings, and the court pages don't say whether judges waive the expungement fee."},"hearing":"sometimes","timeline":"No order before 30 days after you serve the prosecutor; a hearing is set if the prosecutor or a victim objects (§ 7-13-1501(e)-(f)).","statute":{"cite":"W.S. 7-13-1501","url":"https://wyoleg.gov/statutes/compress/Title07.pdf"},"sources":[{"url":"https://wyoleg.gov/statutes/compress/Title07.pdf","title":"Wyoming Statutes Title 7 (Criminal Procedure), as of July 1, 2026: W.S. 7-13-301, 7-13-1401, 7-13-1501, 7-13-1502, 7-19-106","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title06.pdf","title":"Wyoming Statutes Title 6 (Crimes and Offenses): W.S. 6-1-104(a)(xii), 6-10-101 and offenses excluded by W.S. 7-13-1502","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/stateStatutes/StatutesDownload","title":"Wyoming Statutes - Files in Download Format (includes 2026 Budget Session changes, current as of July 1, 2026)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/legal-help-by-topic/expungements/","title":"Expungements (Legal Help by Topic, Equal Justice Wyoming)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/app/uploads/2025/12/Expungement-Handout_07.15.26.pdf","title":"Expungement of Criminal Records handout (Rev. July 2026)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/app/uploads/2025/12/MISC-10-Instructions-for-Waiver-of-Fees-05-25.pdf","title":"MISC 10: Instructions for Waiver of Fees (May 2025)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://wyomingdci.wyo.gov/criminal-justice-information-services-cjis/criminal-records-unit","title":"Criminal Records Unit","publisher":"Wyoming Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title12.pdf","title":"Wyoming Statutes Title 12 (Alcoholic Beverages): W.S. 12-6-101 (underage purchase, possession and consumption)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"}]},{"id":"felony-expungement","name":"Expungement of a nonviolent felony conviction","type":"expungement","effect":"Same sealing as other Wyoming expungements: the conviction records are shared only with criminal justice agencies for criminal justice purposes, and the court seals its file (W.S. 7-13-1502(g), (n); § 7-13-1401(j)). The expungement also restores any rights removed as a result of the conviction (§ 7-13-1502(m)); the Judicial Branch handout says rights lost because of the conviction are returned. Wyoming's separate rights-restoration laws (§ 6-10-106, amended in 2026, and § 7-13-105, amended in 2025) don't mention expungement, and no official source we found explains how they fit together, for example for firearm rights.","covers":"A first felony conviction, or several from the same incident, that is not violent and not on the statute's exclusion list, once in a lifetime.","outcomes":["felony"],"narrow":null,"eligible":["You were convicted of a felony, or several felonies from the same occurrence or related course of events (W.S. 7-13-1502(a)).","At least 10 years have passed since the sentence ended (including probation), since you finished any court-ordered program, and since you paid all court-ordered restitution (§ 7-13-1502(a)(i)).","You have never pleaded guilty or no contest to, or been convicted of, any other felony (§ 7-13-1502(a)(ii)).","The court finds you are not a substantial danger to yourself, any identifiable victim or society (§ 7-13-1502(g))."],"not_eligible":["Excluded felonies: violent felonies (murder, manslaughter, kidnapping, first- or second-degree sexual assault, robbery, aggravated assault, strangulation of a household member, aircraft hijacking, first- or second-degree arson, aggravated burglary, a third or later domestic battery and causing or attempting bodily injury to a peace officer, W.S. 6-1-104(a)(xii)); aggravated homicide by vehicle; drug-induced homicide; sexual assault offenses (§§ 6-2-301 to 6-2-320); felony domestic battery; child abuse; aggravated assault and battery on a corrections or detention officer; sexual exploitation of children; incest; endangering children with controlled substances; bribery; disarming a peace officer; escape; use of a firearm while committing a felony or possession of a firearm by a person convicted of certain offenses; and any offense that requires sex offender registration (W.S. 7-13-1502(a)(iv)).","Felonies that involved the use or attempted use of a firearm, unless they are game and fish offenses under title 23 (§ 7-13-1502(a)(iii)).","Anyone with another felony conviction or guilty plea (§ 7-13-1502(a)(ii)).","Anyone who already received a felony expungement under this section; only one is allowed (§ 7-13-1502(k)).","A felony charge dismissed after deferred probation under § 7-13-301 is \"not a conviction for any purpose\" (§ 7-13-301(d)), while this section covers \"a person convicted of a felony\". No official source we found says whether such a case can be expunged under this section or any other."],"waiting_periods":[{"record":"Eligible felony","wait":"10 years after the sentence ends, any court-ordered program is finished and restitution is paid in full","detail":"The sentence includes probation (§ 7-13-1502(a)(i))."}],"automatic":"no","automatic_detail":null,"how_to_file":["Get your Wyoming criminal history from DCI (fingerprints required) and confirm the conviction isn't on the exclusion list.","Write a petition for expungement and verify it (sign under oath). There is no statewide petition form on the Judicial Branch site.","File it with the court that convicted you (usually the district court) and pay the $300 fee, or ask the court to waive it with the Judicial Branch's Affidavit of Indigency (a judge decides).","Serve the petition on the prosecuting attorney and on DCI (§ 7-13-1502(b)). Within 30 days the prosecutor notifies any identifiable victims by certified mail.","The prosecutor and victims have 90 days to object; the court may also ask DCI for a criminal history report. If no one objects, the court may grant the petition without a hearing, but not before the 90 days run (§ 7-13-1502(c)-(f)).","If the prosecutor or a victim objects, the court sets a hearing. The Judicial Branch says to have a proposed Order for Expungement ready for the judge to sign.","If the petition is granted, the court seals its file and sends a certified copy of the order to the Division of Criminal Investigation (DCI), which removes the records from public access."],"where":"The court that convicted you (W.S. 7-13-1502(a)).","forms":[],"cost":{"filing_fee_usd":300,"detail":"$300 filing fee for each petition (W.S. 7-13-1502(b)). Getting your DCI criminal history and fingerprints may cost extra.","fee_waiver":"not_stated","fee_waiver_detail":"The statute sets the fee and doesn't mention a waiver. The Wyoming Judicial Branch publishes general fee-waiver forms (MISC 10 instructions, the MISC 11 Affidavit of Indigency and Request for Waiver of Fees, and the MISC 12 order); there is no fee to file the affidavit, it must be signed in front of a notary, and a judge decides. The instructions are written for district court filings, and the court pages don't say whether judges waive the expungement fee."},"hearing":"sometimes","timeline":"No order before 90 days after you serve the prosecutor; a hearing is set if the prosecutor or a victim objects (§ 7-13-1502(e)-(f)).","statute":{"cite":"W.S. 7-13-1502","url":"https://wyoleg.gov/statutes/compress/Title07.pdf"},"sources":[{"url":"https://wyoleg.gov/statutes/compress/Title07.pdf","title":"Wyoming Statutes Title 7 (Criminal Procedure), as of July 1, 2026: W.S. 7-13-301, 7-13-1401, 7-13-1501, 7-13-1502, 7-19-106","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title06.pdf","title":"Wyoming Statutes Title 6 (Crimes and Offenses): W.S. 6-1-104(a)(xii), 6-10-101 and offenses excluded by W.S. 7-13-1502","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/stateStatutes/StatutesDownload","title":"Wyoming Statutes - Files in Download Format (includes 2026 Budget Session changes, current as of July 1, 2026)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/legal-help-by-topic/expungements/","title":"Expungements (Legal Help by Topic, Equal Justice Wyoming)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/app/uploads/2025/12/Expungement-Handout_07.15.26.pdf","title":"Expungement of Criminal Records handout (Rev. July 2026)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/app/uploads/2025/12/MISC-10-Instructions-for-Waiver-of-Fees-05-25.pdf","title":"MISC 10: Instructions for Waiver of Fees (May 2025)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/2025/Enroll/SF0009.pdf","title":"SF0009 (2025), Enrolled Act No. 52: restoration of rights amendments","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/2026/Enroll/HB0039.pdf","title":"HB0039 (2026), Enrolled Act No. 38: firearms rights-restoration amendments (W.S. 6-8-102, 6-10-106)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"}]}],"clean_slate":{"status":"none","effective":null,"detail":"Wyoming has no Clean Slate law and no automatic expungement or sealing of adult records. DCI says adult criminal history is kept permanently, even when charges were dismissed or prosecution was declined, unless a court orders expungement, and the Judicial Branch says not to expect any record to be expunged automatically. We found no 2025 or 2026 bill changing this. (DCI deletes a juvenile's state criminal history at 18 unless there is an adult conviction.)","sources":[{"url":"https://wyomingdci.wyo.gov/criminal-justice-information-services-cjis/criminal-records-unit","title":"Criminal Records Unit","publisher":"Wyoming Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://wyomingdci.wyo.gov/criminal-justice-information-services-cjis/criminal-records-unit/criminal-history-faqs","title":"Criminal History FAQs","publisher":"Wyoming Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/legal-help-by-topic/expungements/","title":"Expungements (Legal Help by Topic, Equal Justice Wyoming)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/Legislation/2025","title":"Legislation - 2025 General Session (bill list)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://api.wyoleg.gov/v1/odata/BillInformations?filter=Year%20eq%202026&orderby=BillNum","title":"Bill information, 2026 Budget Session (bill list data behind wyoleg.gov)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"}]},"marijuana":{"detail":"Wyoming has no marijuana-specific expungement or sealing law. Cannabis bills in 2024 (HB0204, decriminalization), 2025 (HB0191, civil penalties) and 2026 (HB0166, marijuana as a class III substance) were not considered for introduction. Marijuana convictions use the general routes: misdemeanors after 5 years under W.S. 7-13-1501 and eligible felonies after 10 years under § 7-13-1502. A first drug possession or use offense may be resolved by probation for a first offense under W.S. 35-7-1037, which ends in dismissal without an adjudication of guilt, but a case that ended that way can't be expunged under the arrest statute (§ 7-13-1401(a)(i)), and the Judicial Branch says deferred cases don't qualify under the misdemeanor statute either.","sources":[{"url":"https://wyoleg.gov/statutes/compress/Title07.pdf","title":"Wyoming Statutes Title 7 (Criminal Procedure), as of July 1, 2026: W.S. 7-13-301, 7-13-1401, 7-13-1501, 7-13-1502, 7-19-106","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title35.pdf","title":"Wyoming Statutes Title 35: W.S. 35-7-1037 (probation and discharge of first drug offenders)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/Legislation/2025","title":"Legislation - 2025 General Session (bill list)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://api.wyoleg.gov/v1/odata/BillInformations?filter=Year%20eq%202026&orderby=BillNum","title":"Bill information, 2026 Budget Session (bill list data behind wyoleg.gov)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"}]},"non_conviction":{"detail":"Arrests, charges never filed, dismissals and acquittals can be expunged by petition after 180 days, with no filing fee, in the court where the case was or would have been (W.S. 7-13-1401). They are not removed automatically: DCI keeps adult arrest records, including dismissed charges, unless a court orders expungement. Deferred probation under W.S. 7-13-301 ends in discharge and dismissal 'without adjudication of guilt' that 'is not a conviction for any purpose' (§ 7-13-301(d)). Probation for a first drug offense under § 35-7-1037 also ends without an adjudication of guilt and is not a conviction for legal disqualifications and disabilities. But § 7-13-1401 excludes incidents with either disposition, and the Judicial Branch says deferred cases that were later dismissed don't qualify under the arrest or misdemeanor expungement statutes. It says such a person 'may still be able to get expungement under other statutes' without naming one, and the felony statute (§ 7-13-1502) covers only a 'person convicted of a felony'. We found no official source that identifies a route for these cases.","sources":[{"url":"https://wyoleg.gov/statutes/compress/Title07.pdf","title":"Wyoming Statutes Title 7 (Criminal Procedure), as of July 1, 2026: W.S. 7-13-301, 7-13-1401, 7-13-1501, 7-13-1502, 7-19-106","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title35.pdf","title":"Wyoming Statutes Title 35: W.S. 35-7-1037 (probation and discharge of first drug offenders)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/legal-help-by-topic/expungements/","title":"Expungements (Legal Help by Topic, Equal Justice Wyoming)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/app/uploads/2025/12/Expungement-Handout_07.15.26.pdf","title":"Expungement of Criminal Records handout (Rev. July 2026)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://wyomingdci.wyo.gov/criminal-justice-information-services-cjis/criminal-records-unit","title":"Criminal Records Unit","publisher":"Wyoming Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://wyomingdci.wyo.gov/criminal-justice-information-services-cjis/criminal-records-unit/criminal-history-faqs","title":"Criminal History FAQs","publisher":"Wyoming Division of Criminal Investigation","accessed":"2026-10-22"}]},"dui":{"eligible":"some","detail":"Wyoming's expungement laws don't exclude DUI. A first, second or third DUI within 10 years is a misdemeanor (W.S. 31-5-233(e)), so it can be expunged under § 7-13-1501 five years after the sentence ends, if no firearm was involved, the court finds you aren't a substantial danger, and you haven't used your one misdemeanor expungement. A fourth DUI within 10 years, a DUI causing serious bodily injury, and a repeat DUI with a child passenger are felonies (§ 31-5-233(e), (h), (m)). The § 7-13-1502 exclusion list doesn't name § 31-5-233, though it does exclude aggravated homicide by vehicle (§ 6-2-106(b)); we found no court page or other official source that says whether a felony DUI can be expunged. A first DUI can be deferred under § 7-13-301 (second and later DUIs can't, and deferral isn't available to commercial driver's license holders charged with listed offenses, § 7-13-301(a), (f)), but the Judicial Branch says deferred cases that end in dismissal can't be expunged under the arrest or misdemeanor statutes. Expunged records stay available to criminal justice agencies (§ 7-13-1401(j)), and the definition of a DUI conviction (§§ 31-5-233(a)(iii), 31-7-102(a)(xi)) doesn't mention expungement; we found no official source on whether an expunged DUI still counts as a prior offense or whether expungement changes a WYDOT driving record.","sources":[{"url":"https://wyoleg.gov/statutes/compress/Title31.pdf","title":"Wyoming Statutes Title 31 (Motor Vehicles): W.S. 31-5-233","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title07.pdf","title":"Wyoming Statutes Title 7 (Criminal Procedure), as of July 1, 2026: W.S. 7-13-301, 7-13-1401, 7-13-1501, 7-13-1502, 7-19-106","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title06.pdf","title":"Wyoming Statutes Title 6 (Crimes and Offenses): W.S. 6-1-104(a)(xii), 6-10-101 and offenses excluded by W.S. 7-13-1502","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/legal-help-by-topic/expungements/","title":"Expungements (Legal Help by Topic, Equal Justice Wyoming)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"}]},"employers":{"detail":"After an arrest is expunged, you may respond to any inquiry as though the arrest or charges did not occur, unless another law provides otherwise (W.S. 7-13-1401(f)). The conviction expungement sections don't say this in so many words, but the Judicial Branch says an expunged record can be seen only by law enforcement and that you do not have to disclose it to employers or anyone else. Even without expungement, DCI and other criminal justice agencies may release criminal history only to listed agencies, or to others with the subject's written consent through a voluntary record check (§ 7-19-106). Court records and private background-check companies are separate. We found no Wyoming law limiting when private employers may ask about criminal records: the Fair Employment Practices Act (§ 27-9-105) doesn't list criminal history, and Title 27 has no such provision. Licensing boards may not consider convictions that don't affect the practice of the occupation, generally can't consider convictions more than 20 years old, and you can ask a board at any time for a non-binding determination of whether your record would bar a license (W.S. 33-1-304).","sources":[{"url":"https://wyoleg.gov/statutes/compress/Title07.pdf","title":"Wyoming Statutes Title 7 (Criminal Procedure), as of July 1, 2026: W.S. 7-13-301, 7-13-1401, 7-13-1501, 7-13-1502, 7-19-106","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/legal-help-by-topic/expungements/","title":"Expungements (Legal Help by Topic, Equal Justice Wyoming)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/app/uploads/2025/12/Expungement-Handout_07.15.26.pdf","title":"Expungement of Criminal Records handout (Rev. July 2026)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title27.pdf","title":"Wyoming Statutes Title 27 (Labor and Employment), including W.S. 27-9-105","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title33.pdf","title":"Wyoming Statutes Title 33: W.S. 33-1-304 (considering criminal convictions; pre-application determinations)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"}]},"free_help":[{"name":"Equal Justice Wyoming: Expungements","url":"https://www.wyocourts.gov/legal-help-by-topic/expungements/","type":"court_self_help","detail":"The Judicial Branch's plain-language guide to who can expunge what in Wyoming, with a printable handout and links to find a lawyer."},{"name":"Legal Aid of Wyoming","url":"https://www.wyocourts.gov/legal-service/legal-aid-of-wyoming-inc-cheyenne-administrative-office/","type":"legal_aid","detail":"Statewide nonprofit law firm giving civil legal help to people with low incomes; after screening, hotline callers can speak to an attorney, and you can apply online."},{"name":"Wyoming Judicial Branch: fee waiver forms","url":"https://www.wyocourts.gov/self-help-forms/","type":"court_self_help","detail":"Statewide Affidavit of Indigency and Request for Waiver of Fees forms and instructions for people who can't afford court filing fees."},{"name":"Wyoming Division of Criminal Investigation: Criminal Records Unit","url":"https://wyomingdci.wyo.gov/criminal-justice-information-services-cjis/criminal-records-unit","type":"state_agency","detail":"The state criminal history repository; answers questions about your record at (307) 777-5614 or dci-criminalrecords@wyo.gov."}],"sources":[{"url":"https://wyoleg.gov/statutes/compress/Title07.pdf","title":"Wyoming Statutes Title 7 (Criminal Procedure), as of July 1, 2026: W.S. 7-13-301, 7-13-1401, 7-13-1501, 7-13-1502, 7-19-106","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/stateStatutes/StatutesDownload","title":"Wyoming Statutes - Files in Download Format (includes 2026 Budget Session changes, current as of July 1, 2026)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title06.pdf","title":"Wyoming Statutes Title 6 (Crimes and Offenses): W.S. 6-1-104(a)(xii), 6-10-101 and offenses excluded by W.S. 7-13-1502","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title31.pdf","title":"Wyoming Statutes Title 31 (Motor Vehicles): W.S. 31-5-233","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title35.pdf","title":"Wyoming Statutes Title 35: W.S. 35-7-1037 (probation and discharge of first drug offenders)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title33.pdf","title":"Wyoming Statutes Title 33: W.S. 33-1-304 (considering criminal convictions; pre-application determinations)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/legal-help-by-topic/expungements/","title":"Expungements (Legal Help by Topic, Equal Justice Wyoming)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/app/uploads/2025/12/Expungement-Handout_07.15.26.pdf","title":"Expungement of Criminal Records handout (Rev. July 2026)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://www.wyocourts.gov/app/uploads/2025/12/MISC-10-Instructions-for-Waiver-of-Fees-05-25.pdf","title":"MISC 10: Instructions for Waiver of Fees (May 2025)","publisher":"Wyoming Judicial Branch","accessed":"2026-10-22"},{"url":"https://wyomingdci.wyo.gov/criminal-justice-information-services-cjis/criminal-records-unit","title":"Criminal Records Unit","publisher":"Wyoming Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://wyomingdci.wyo.gov/criminal-justice-information-services-cjis/criminal-records-unit/criminal-history-faqs","title":"Criminal History FAQs","publisher":"Wyoming Division of Criminal Investigation","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/Legislation/2025","title":"Legislation - 2025 General Session (bill list)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://api.wyoleg.gov/v1/odata/BillInformations?filter=Year%20eq%202026&orderby=BillNum","title":"Bill information, 2026 Budget Session (bill list data behind wyoleg.gov)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/2025/Enroll/SF0009.pdf","title":"SF0009 (2025), Enrolled Act No. 52: restoration of rights amendments","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/2026/Enroll/HB0039.pdf","title":"HB0039 (2026), Enrolled Act No. 38: firearms rights-restoration amendments (W.S. 6-8-102, 6-10-106)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"},{"url":"https://wyoleg.gov/statutes/compress/Title12.pdf","title":"Wyoming Statutes Title 12 (Alcoholic Beverages): W.S. 12-6-101 (underage purchase, possession and consumption)","publisher":"Wyoming Legislature, Legislative Service Office","accessed":"2026-10-22"}],"last_verified":"2026-10-22"}]}