When is expungement of a criminal record not available

If your charges were originally handled in Superior Court you can file a motion to restrict your charges under the original case number, with the judge that originally heard your case. A motion is a written request to the court to take an action. In this case, you are requesting that the court order restriction of charge s for a particular arrest.

Although not required, you can hire an attorney to file a motion to restrict your felony record. If you would like to proceed on your own or cannot afford an attorney, you can file a pro se motion. Under the new record restriction law, effective July 1, , many eligible charges will be restricted from your record as soon as the prosecutor or the clerk of court enters the eligible disposition onto your GCIC criminal history record.

In certain circumstances, however, the law requires that you file an action in superior court to restrict records. If your charges were originally handled in Superior Court you can simply file a motion under the original case number for the judge to consider your request, but if the charges were originally handled in a court other than Superior Court, you must file a civil petition in the Superior Court in the county in which your case was handled.

Filing a civil petition opens a case in Superior Court so a judge can consider your petition to restrict the record. A petition is a written request to the court to take an action. Although not required, you can hire an attorney to file a petition to restrict your misdemeanor record. If you would like to proceed on your own or cannot afford an attorney, you can file a pro se petition.

Remember Me. Username or Email. Expungements What is record restriction or expungement? Does restriction happen automatically? Can an arrest on my criminal history be restricted? Georgia law only allows restriction expungement in the following three 3 situations: 1.

Non-Conviction Exceptions: Restriction is not available if after indictment: A. A charge was dismissed because: You pled guilty to another charge in the case; You were involved in a pattern of criminal activity prosecuted in another jurisdiction The prosecution could not use important evidence against you evidence was suppressed You had some form of immunity. Charged With a Felony, but Convicted of an Unrelated Misdemeanor You may be able to have a felony charge restricted if it was closed without conviction, and you were only convicted of an unrelated misdemeanor offense in that case.

Can I have my whole criminal history restricted? If I was convicted a long time ago, can I get my record restricted? If I never had to go to court or the final disposition cannot be found, can I have the record restricted?

Can my record be restricted if I pled guilty under the Conditional Discharge Act? Can I have a record restricted if I completed a drug court or mental health court program? Can I get a record restricted if I did an Alford Plea? Can I get a record restricted if I pled nolo contendere no contest? Can I get a record restricted if the case was placed on the dead docket?

Can I get a record restriction if some of the charges in the case qualify for restriction? If I have been denied restriction in the past, can I reapply? Do I need an attorney to apply for restriction? No, you can get a record restricted on your own, without an attorney. How do I get my record restricted?

What if I was arrested before the effective date of the new law but my case was resolved after July 1, ? If my case was restricted, do I have to report it to an employer?

How to Restrict Expunge Records of a Case that was Dismissed or Otherwise Closed without Conviction and Seal the Court Records When a charge is dismissed or otherwise closed without conviction, you may qualify for restriction expungement. NOTE: You do not qualify for restriction if your charge was indicted but later closed without conviction because: You pled guilty to another charge in the case; You were involved in a pattern of criminal activity prosecuted in another jurisdiction; The prosecution could not use important evidence against you evidence was suppressed ; You were acquitted, but there was evidence of jury tampering or judicial misconduct.

The process can take up to days and is as follows: Contact the arresting law enforcement agency for the requirements to restrict a record. Submit the application and any other required documentation. A copy of the Application is included with these instructions. Within ninety 90 days of receipt from the arresting agency, the prosecuting attorney must decide whether the record will be restricted expunged — based on the criteria in the law — and return the application to the arresting agency.

If approved, the arresting agency must restrict the information within thirty 30 days and return the application to you at the address you provided on the application. If the application is denied, you have thirty 30 days to appeal by civil action in superior court. The process to seal the records of the court is as follows: Get a certified copy of the final disposition in your case from the clerk of court where your case was handled.

Prepare the motion. A sample motion is included in these instructions. Sign and date the motion. For information about your particular case, you should try to talk to a lawyer.

If you meet certain criteria, the State of West Virginia allows dismissed charges and specific convictions to be removed from your record after a certain amount of time has passed and a judge approves it.

The law on expungement is complicated. Each situation is different. And there are different expungement laws, and the requirements for each law are different. Criminal Charges : You may be eligible for expungement of criminal charges if:. You must wait 60 days from the date of dismissal to file.

Criminal Convictions : You may be eligible for expungement of your conviction if it involves a misdemeanor, multiple misdemeanors, a nonviolent felony, or a series of connected nonviolent felonies.

Certain types of convictions are not eligible for expungement. And you are not eligible for expungement if you have pending charges. Even if you may be eligible, there are other things to consider before filing for expungement. You should carefully read all of the information listed here to determine whether you are eligible. You should try to talk to a lawyer. Only certain state convictions are eligible for expungement.

Federal convictions are not eligible. Specific crimes misdemeanors and felonies that are excluded from expungement or do not qualify for expungement include but are not limited to:. As you can see, figuring out whether your conviction qualifies, may be complicated. If your conviction does not qualify, then the only way you can seek to remove the conviction from your record is to receive a full and unconditional pardon from the governor.

Records cannot be expunged, even with a pardon, for first degree murder, treason, kidnapping, or sexual offenses. Criminal Charges : If you have only been charged with a crime but not convicted, you must wait 60 days before filing. Criminal Convictions: If you have been convicted of a crime, the time period you must wait depends begins when you have finished serving a jail or prison sentence, and any term of probation or parole, whichever is later in time. The approved programs can be found on the West Virginia Supreme Court website.

If you have a medically documented history of substance abuse, you can shorten your wait time by completing an approved substance abuse treatment or a recovery and counseling program.

You can also shorten your waiting period if you complete an approved Job Readiness Adult Training Program. Criminal Charges : As mentioned earlier, you are eligible if you do not have a previous felony conviction; and.

Criminal Convictions : There are two key steps you need to take to figure out whether you are eligible for expungement of your convictions:.

In West Virginia, most of this information is not available online. You will need to know:. If you have just one charge or conviction, or if all your charges or convictions are from one county in West Virginia, you can request a copy of your court paperwork directly from the Circuit Clerk felonies or Magistrate Clerk misdemeanors in the county where you were charged or convicted. This is a list of all court locations in West Virginia.

Deferred adjudication leading to expungement is available to persons charged with all but serious violent and sexual offenses, with no more than one prior conviction for a felony or serious misdemeanor that resulted in confinement. Diversion is available for those charged with misdemeanor or low-level felony offenses if a person has no prior felony or Class A misdemeanor conviction and no prior diversions.

The court must destroy public records in cases of acquittal or where charges have been dismissed; the court may also redact conviction records to expunge dismissed charges from electronic databases.

Juvenile victims of human trafficking may petition to expunge prostitution convictions related to the trafficking. Persons with federal or out-of-state convictions are eligible. The court makes findings after a hearing about character, need for relief including for employment or licensing and public safety.

Sealing is discretionary after a waiting period of up to 5 years for first-offense DUI offenses. An order of nondisclosure prohibits criminal justice agencies from disclosing criminal history record information to the public, and such information is exempted from disclosure under the Public Information Act. Victims of human trafficking may apply for set-aside and sealing for marijuana offenses, theft offenses, prostitution, or Class A misdemeanor solicitation, if they were placed on community supervision.

Expunction is also available for pardoned offenses, and for class C misdemeanors that have been deferred. Sealing for juvenile adjudications is automatic at age 19 for misdemeanors and non-conviction records, as long as the person does not have a conviction or pending charges; sealing is discretionary upon petition at age 18 or two years after discharge for felonies and other adjudications ineligible for automatic sealing.

A person convicted of one felony and varying numbers of misdemeanors, each contained in a separate criminal episode, is eligible to apply to expunge all but serious and violent offenses after a waiting period ranging from 3 to 10 years after completion of sentence, including payment of fines and restitution.

Expungement entitles a person to deny that the arrest or conviction occurred; public employers and licensing boards may not ask about or consider expunged convictions. Non-conviction records are eligible for expungement by petition after 30 days if no charges are filed, the charges are dismissed and the limitations period has expired on all charges, or the person is acquitted.

Juvenile records may be expunged following a one-year waiting period after age 18, and the person has no violent convictions within five years or pending charges. In the event of an intervening conviction, the waiting period is extended to 10 years, with no felony conviction within 7 years and no misdemeanor within 5 years. Qualifying crimes are nonviolent non-sexual misdemeanors and several minor felonies including drug possession.

In all cases, restitution must be paid in full. Convictions for offenses committed under age 21 may be sealed two years after discharge if the person is deemed rehabilitated. Deferred sentencing results in expungement upon successful completion. Expungement is also available after two years under a diversion program available to those with up to two misdemeanors, and a youthful offender program for those convicted of certain minor offenses.

The court must expunge or seal all non-conviction records after a short waiting period unless the government objects. Juvenile records are generally unavailable to the public and may be sealed two years after discharge, if restitution has been paid, the person has no subsequent convictions or pending proceedings, and rehabilitation has been attained.

Persons with out-of-state and federal convictions are eligible. UCCCA also requires that people be informed about expungement and sealing at sentencing, and recognizes relief granted in other states. Virgin Islands. Expungement is authorized in misdemeanor cases; the government has the burden of proving by clear and convincing evidence that expungement should not be granted.

Deferred adjudication is available for people with nonviolent first offenses and first-time drug possession offenses, with expungement after completion of probation. Expungement is also authorized for any youthful offense after a 5-year waiting period if under age 21 at the time of the offense. Expungement of non-conviction records is mandatory after the limitation period for charges dismissed or not prosecuted.

Expunged records may be disclosed only upon court order, and only to courts in a criminal case or for government employment. Juvenile records may be sealed on motion two years after discharge if the person has not been convicted of a felony or misdemeanor, and no proceeding is pending seeking conviction or adjudication. A law enacted in authorizes automatic sealing for some misdemeanor convictions and non-convictions, a llows for sealing of felony acquittals and dismissals at disposition, and for sealing a broad range of misdemeanor and low-level felony convictions and deferred dismissals through a petition-based court process.

Until that law becomes effective in , there is no statutory authority to seal or expunge convictions, except that an absolute pardon for innocence or judicial writ of innocence permits expungement. Deferred dispositions are available, but expungement is not an option. After expungement, a person may deny any record and employers may not inquire about it. Juvenile records are generally unavailable to the public and are automatically destroyed after the person turns 19, and five years have passed since the last hearing, subject to a few exceptions.

For felonies there is a 5 to 10 year waiting period, and for misdemeanors a 3 to 5 year waiting period, during which there may be no new convictions. Certain misdemeanors involving violence or sexual assault are ineligible, but a single domestic violence conviction may be vacated after five years. Financial penalties need not be satisfied for felonies if five years have elapsed after supervision, but anomalously this requirement remains for misdemeanors. Pardon automatically vacates conviction.

Vacatur results in limiting public access to state repository records, but there is no statutory authority to seal or limit access to court records. A court rule permits limiting access to vacated court records but only in compelling circumstances. Non-conviction records must be deleted from agency records after a two-year waiting period if disposition is indicated, and after three years if no disposition is indicated, except that deletion is discretionary in diversion cases, if the person has an additional criminal record, or if subsequent charges are pending.

Records in cases where sentencing deferred may also be sealed. Juvenile adjudication records are automatically sealed except serious violence, sex, and drug offenses upon satisfaction of terms and conditions of disposition, unless the court finds compelling reasons not to seal after a hearing; juvenile adjudications ineligible for automatic sealing may be sealed after a crime-free 2-to-5 year waiting period. Judicial certificates : Judicial Certificates of Restoration of Opportunity CROP are available for all but the most serious crimes, after a waiting period ranging from 1 to 5 years after sentencing or release from confinement.

CROPs prohibit licensing agencies from disqualifying individuals solely based on their conviction record. While employers and housing providers are not required to consider them, CROPs offer some protection against liability.

West Virginia. Some misdemeanors and nonviolent felonies are eligible for expungement after a 1 to 5 year waiting period. A person may apply for more than one misdemeanor but only for a single felony including offenses arising from the same transaction or series of transactions. A hearing is required: applicants must obtain and serve documents on multiple parties, and must show by clear and convincing evidence that expungement is consistent with the general welfare and that they are rehabilitated.

Victims of human trafficking convicted of prostitution may petition for vacatur and expungement. Pardoned convictions are eligible for expungement after a one-year waiting period, five years after completion of sentence. There is broad statutory authority for deferred adjudication leading to expungement. Records of acquittals and dismissals may be expunged on petition, except where the defendant has a prior felony conviction.

Juvenile records are automatically sealed one year after discharge, or when the person turns 19, unless the case was transferred to adult court. There is no statutory authority to seal or expunge convictions, except in two specialized scenarios. A youthful conviction under 25 at time of offense for a misdemeanor or a minor non-violent first-time felony may be expunged upon successful completion of the sentence, but only if the court orders this relief at the time of sentencing.

Victims of human trafficking may petition to have prostitution convictions vacated and expunged. Deferred prosecution is available in domestic violence and some sex offense cases; upon successful completion of deferral, the charges are dismissed and no conviction results.

Non-conviction records criminal justice, but not court records may also be expunged, including records in which prosecution was deferred, under a statute providing for the return of fingerprint records when an arrested person is released without charges or cleared of the offense.

Upon petition, juvenile records may be expunged once the person turns 17 and the sentence is completed, if the court after a hearing finds a benefit to the individual and no harm to society. A single felony conviction may be expunged ten years after the sentence expires if the applicant has no other felony convictions and paid any restitution.

This relief is not available for felony firearm offenses, for many sexual offenses, and for crimes involving violence, child endangerment, bribery, perjury, DUI, drug distribution. A handful of misdemeanors simple assault, domestic violence, reckless endangerment and breach of peace may also be expunged after five years if the offense did not involve use of a firearm.

A hearing is required under either authority only if there is an objection. Expungement relief is available only once for misdemeanors. Deferred sentencing is authorized on a one-time basis for misdemeanors and first felony offenses, excluding certain serious crimes; no conviction results but expungement is unavailable. Non-conviction records excluding deferred sentences may be expunged days after dismissal of proceedings if no other charges are pending. Victims of human trafficking may have prostitution convictions vacated, after which they presumably may be expunged as non-convictions.

Juvenile records and certain municipal and circuit court cases, and non-conviction records of minors charged as adults may be expunged and destroyed upon petition after reaching age 18, if the person has no subsequent felony convictions and rehabilitation is attained to the satisfaction of the court or prosecutor. Deferred sentencing is authorized on a one-time basis for misdemeanors and first felony offenses, excluding certain serious crimes, and no conviction results.

Non-conviction records may be expunged days after dismissal of proceedings if no other charges are pending. Authority for expunging, sealing, or setting aside convictions 2. Automatic record clearing 3.

Process for expunging or sealing adult non-conviction records 4. Judicial certificates of relief 5. State-by-state information. Misdemeanor relief 4, D. Idaho no sealing. Certain minor misdemeanors 2. Certain marijuana-related records 4. Crimes of moral turpitude for disenfranchisement purposes are also excluded.

See Ex parte Eason, So. Expungement for victims of human trafficking convicted of misdemeanors, and of felonies including some designated as violent prostitution, domestic violence, child pornography.

Records of most delinquency adjudications sealed after final discharge or court order if no pending criminal proceedings. May petition to have records destroyed five years after age of majority.

Courts may on petition expunge non-conviction records of felony and misdemeanor charges, including cases where charges dismissed after completion of court-approved diversionary program. In , authority expanded to cover violent felonies. Records remain available to government regulatory or licensing agencies, utilities, banks and financial institutions.

State record repository must remove arrest record from rap sheet after 30 days if not charged or if cleared of the offense. Court may suspend imposition of sentence and set aside conviction after successful completion of probation for certain offenses. Alaska Stat. May not be used as predicate, but limited use for enhancement of sentence. Records of juvenile adjudications are generally confidential and unavailable to the public, and most may be sealed by court at age 18 or release of jurisdiction if later.

Records of juveniles charged as adults may be sealed five years after completion of sentence If charged as adult, most juvenile records sealed five years after completed sentence or after records made public. Non-conviction records generally unavailable to the public. Sealing of non-conviction records only in case of mistaken identity or false accusation. Courts may not publish online records of cases resulting in acquittal or dismissal.

Effective December 31, , misdemeanors and all but violent and sexual felonies may be sealed after a waiting period ranging from two to ten years after completion of sentence and payment of court debt. Set-aside is also available upon discharge for all but violent and sex offenses. Relieves collateral consequences, but does not seal record and conviction must be disclosed. Serves as predicate. In , Arizona authorized courts to issue a Certificate to Second Chance to a person whose conviction has been set-aside.

Courts are authorized to establish drug court programs, where people may be offered diversion. See Ariz. If a person admitted to the program fails to comply with the terms of participation, they may be found guilty and the judgment deferred by the court.

If the person succeeds, the charges are dismissed. No sealing is authorized. Prostitution convictions of victims of human trafficking may be vacated, do not serve as prior, and need not be reported unless fingerprint background check authorized.

No hearing unless prosecutor objects. If 18 years or older, may apply to set aside juvenile adjudication upon discharge from probation or absolute discharge for certain offenses. Predicate effect. Effective December 31, , non-conviction records may be sealed, Ariz.

Until then, the only authority is in cases where someone has been wrongfully arrested or charged. Minor felonies and drug convictions eligible for sealing after 5 yrs. Misdemeanors eligible immediately after completion of sentence.

Serious violent and sexual offenses ineligible. Sealed conviction "shall be deemed as a matter of law never to have occurred, and the person may state that the underlying conduct did not occur and that a record of the person that was sealed does not exist. Ark Code Ann.

Deferred adjudication for first-time offenders may lead to sealing serious violent felonies and certain sex offenses ineligible. Code Ann. Pre-adjudication probation program established by court. Both court and prosecutor must agree on admission. Sealing of prostitution convictions for victims of human trafficking. Sealing is mandatory so long as the court finds by a preponderance of the evidence that the conviction was the result of being a victim of human trafficking.

If ineligible for sealing may seek pardon, which results in automatic sealing for all but a few serious offenses. For most offenses, may apply to set aside adjudications upon majority if discharged from probation or absolute discharge and no subsequent conviction or pending charge. Set-aside relieves penalties and disabilities, with exceptions for those imposed by Dept. Courts may issue certificates of rehabilitation for state law offenses, which affect consideration for employment, operate as first step in pardon process.

See Cal. Dismissal of charges or set-aside for probationers, misdemeanants, and minor felony offenders sentenced to county jail. Rights restored and use limited in certain contexts, but does not seal or limit public access.

May be used as predicate offense and disclosed in certain contexts. Effective January 1, , a new automatic process will take effect for eligible convictions occurring after that date, with limits on dissemination by courts a repositories. Misdemeanors if committed under age 18 may be sealed if otherwise eligible. Deferred sentencing for felony convictions, treated as misdemeanors following successful completion of probation.

No sealing except for certain under-age misdemeanants. Successful completion results in dismissal of charges and sealing. Mandatory sealing for records of decriminalized marijuana offenses. Relief made systematic in Automatic purging of possession offenses after two years. Victims of human trafficking may have any non-violent convictions directly related to trafficking including but not limited to prostitution vacated and records sealed and expunged destroyed after three years.

Juvenile records generally confidential, with exceptions for serious offenses. Cal Rules of Court, Rule 5. Most adjudications may be sealed, subject to the court's discretion, either 5 years after termination of jurisdiction or immediately upon reaching age Additional eligibility requirements for certain serious offenses.

Records are confidential and destroyed after 5 years. Juvenile victims of human trafficking may have any non-violent convictions directly related to trafficking vacated and records sealed, and expunged after three years. Mandatory sealing of eligible non-conviction records upon petition. Pre-trial diversion records sealed after 2 years.

Effective January 1, , a new automatic process will take effect for eligible non-convictions occurring after that date. Sentencing courts may relieve any collateral consequence "order of collateral relief". Limits use in employment and licensing. Uncharged arrests and non-conviction records also added see far column.

May deny conviction in most situations, but records remain available to law enforcement and entities required to conduct background checks. Felony drug offenses may be knocked down to misdemeanor. Deferred adjudication, sentencing, and diversion may lead to sealing. Complex civil sealing procedure replaced in and with less formal process available from criminal court. Petty offenses and municipal violations except for traffic offenses.

May deny conviction in most situations. Expungement available for all but serious violent offenses. Court must advise at time of sentencing. The person and court may indicate that no record exists. Courts must seal upon request at time of disposition, or later on petition, a criminal record in cases that were resolved through diversion, completely dismissed, or resulted in acquittal cases that were not charged may only be resolved on petition.

Expedited process for sealing non-conviction records, including where charges dismissed pursuant to diversion or deferred sentencing see col. May deny record in most cases.

Arrests resulting from mistaken identity may be expunged if no charges were filed. See entry for pardoned convictions, which are routinely available in CT and result in "erasure" of record. Erasure prohibits disclosure by government, bars reliance in any subsequent criminal proceeding, and permits the person to swear under oath that the crime never occurred. Erased records destroyed after three years. Employers may not ask about or discriminate based on erased record. Six programs for deferred adjudication may result in "erasure" of record.

May deny conviction; predicate unless records destroyed. See first column for effect of erasure. Erasure available for those convicted as "youthful offenders" upon reaching age 21 if no subsequent felony conviction. Erasure for decriminalized conduct Conn.

Vacation of prostitution conviction on basis of being a victim of trafficking in persons; may lead to erasure as non-conviction record. Pardoned conviction automatically "erased" after 3 years, records physically destroyed; may deny conviction. Pardons routinely available from Board of Pardons and Parole.

Juvenile offender at least 17 years of age may petition for erasure of police and court records after years, depending on seriousness of offense. Must have no subsequent convictions or pending charges. Erasure of criminal records where charges have been dismissed or nolled, or where person has been acquitted; may deny arrest under oath. In addition, in no case may "records of arrest, which are not followed by a conviction Partial sealing only where some charges nol prossed. Until December 30, , there was no authority to expunge or seal adult convictions.

Effective on that date, some misdemeanors and violations became eligible for mandatory expungement and other convictions - including a single minor felony - are subject to discretionary expungement. Code tit. The State Bureau of Identification may not destroy information identifying a person until a person reaches age eighty, or reaches age seventy-five with no criminal activity listed on the person's record in the past forty years.

Effective December 30, , expungement mandatory in probation before judgment cases where charges dismissed. See Del. Also for first offender controlled substances diversion program, tit. See also Del. A person convicted or adjudicated of any non-violent crime as a direct result of being a victim of human trafficking may file an application for a pardon and expungement; or, the person may file a petition in the court of conviction, and seek expungement under Del.

Del Code. Post December 30, , all pardoned offenses will be eligible for expungement. Mandatory expungement where case results in termination of case in favor of the accused, including in probation before judgement cases. An application to the State Bureau of Identification is required to obtain relief. Sealing available only for selected less serious misdemeanors, plus felony failure to appear. See column to right. Sealing for selected less serious misdemeanors and one felony failure to appear after waiting period that depends upon prior record.

Records in deferred sentencing cases may be sealed unless the defendant has prior "disqualifying" arrest or conviction. Sealing for cases of actual innocence, see D. Upon majority, sealing after a two-year waiting period with no subsequent convictions. Court authorized to seal eligible non-conviction records eligibility the same as for convictions after waiting period ranging from 2 to 10 years, depending upon prior record; records in deferred sentencing cases may not be sealed at all if prior "disqualifying" arrest or conviction.

Adjudication may be withheld and defendant placed on probation for misdemeanors, and for less serious felonies if requested by prosecutor or if court makes findings of mitigating circumstances; no conviction results and sealing for certain first offenders no prior record ; expungement destroyed after 10 years.

Rule 3. Sealing for victims of human trafficking for offenses which offense was committed or reported to have been committed "as a part of the human trafficking scheme of which the person was a victim or at the direction of an operator of the scheme," including, but not limited to prostitution.

Records of juvenile adjudications are generally confidential except for serious offenses. See Fla. Expungement for nonjudicial record of minor's arrest non-violent, first offense upon successful completion of diversion program. Expungement defined as destruction of record. Other records may be destroyed by the court after age Court has discretion to order sealing or expungement of non-conviction records of first offenders, with certain exceptions. Expungement results in destruction of record; sealing permits limited law enforcement, employment, licensing access.

Per law, most non-violent misdemeanors eligible for sealing, and pardoned felonies also eligible. Discharge without adjudication after completion of probation under the First Offender Act "completely exonerate[s]" the defendant and has no effect on "civil rights or liberties.

There is a separate process to remove peace order and protective order records from public view. Learn more about r emoving records about Peace and Protective orders from public view. This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options.

However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. Related Articles. External Resources. What is expungement? Code, Criminal Procedure, Title 10, Subtitle 1 Court Forms: This Petition for Expungement of Records should be used for the expungement of acquittal, dismissal, probation before judgment, nolle pros, stet, and certain not criminally responsible dispositions This Petition for Expungement of Records should be used for the expungement of eligible guilty dispositions General Waiver and Release Automatic Expungement Any records held by the police, court, or other state agency related to a charge may qualify for automatic expungement.

Automatic expungement applies to: criminal charges civil offenses for possession of less than 10 grams of marijuana serious traffic violations requiring court appearance Automatic expungements are still subject to the Unit rule. What is included in my criminal record? Your record will show the arrest or citation even if: Your case was dismissed; or You were acquitted found not guilty ; or Probation Before Judgment was entered; or A Nolle Prosequi was entered in your case This occurs when the prosecutor decides to drop the case either before or during trial.

If you were found guilty or paid a fine after being arrested, that will appear on your records as a conviction. You can get a copy of your criminal record from the Criminal Justice Information System.

Having criminal charges on your record can hinder: employment, applications to schools and colleges, relationships, housing, and other government services.

Which records can be expunged? Which cannot? Yes, there are certain cases where you generally cannot get records expunged. However, if the new conviction was for a minor traffic violation or for an action that is now no longer a crime, the new conviction will not prevent you from getting the PBJ expunged. You cannot file for expungement of any records if you currently have criminal proceedings pending against you. If you are convicted of a crime during the waiting period, you are not eligible for expungement unless the subsequent conviction becomes eligible for expungement.

The Unit Rule If you were charged with more than one offense based on the same incident, transaction, or set of facts, you can only have records from that case expunged if ALL of the charges from that incident are eligible for expungement. How long do I have to wait to file a petition for expungement? Generally, you must wait 3 years after your case was decided before you can file for expungement, but the rules vary based on the results of your case: If you were acquitted, received a nolle prosequi, or a dismissal of the charges, you may file earlier if you also file a general release and waiver of any and all people against whom you may have a legal claim as a result of your arrest.

If you received a probation before judgment, you may not file for expungement until your probationary period is over or until 3 years have passed, whichever is longer. If your case was placed on the stet docket, you may not file earlier than 3 years after the judgment. If you were pardoned by the governor, you must wait at least 5 years but not more than 10 years after your pardon.

To file for an expungement based on a finding of Not Criminally Responsible, you must wait until 3 years have passed since the finding.