State Pardon & Expungement Guidance

Which Alabama State Criminal Records Can Be Expunged?

Arrest records, booking photos, court records, and other data related to a charge may be expunged when:

• The charge was dismissed with prejudice
• The grand jury returned no bill
• The defendant was found not guilty
• The charge was dropped (nolle prosequi) without being refiled
• The indictment was quashed and the statute of limitations expired
• Over one year has passed since a dismissal without prejudice, and no refiled charges or new convictions exist
• The charge was dismissed after successful completion of a court-ordered program
• The individual was a victim of human trafficking and the offense would not have occurred but for that circumstance

Which Alabama State Criminal Records Cannot Be Expunged?

• Convictions for transmitting obscene material to a child (§ 13A-6-111)
• Records involving violent offenses listed under § 12-25-32

When Can You Apply?

• After 90 days have passed since the dismissal, no-bill, or not-guilty verdict
• After one year for dismissals without prejudice (with no refiling or additional convictions in the last two years)

Basis for Expungement

A court may order expungement if the record is found to be inaccurate, incomplete, or misleading. The court may also consider expungement for individuals who were victims of human trafficking.

Relevant Statutes

• § 13A-6-111: Transmitting obscene material to a child by computer
• § 15-27-1: Expungement for misdemeanors, traffic, and ordinance violations
• § 15-27-2: Expungement for felony offenses
• § 15-27-2.1: Limits on number of expungements
• § 15-27-3: Required submission and documentation
• § 41-9-645: Applications to agencies
• § 41-9-646: Court order for purging or modifying records

Source: "Expungement of Criminal Records," Thomson Reuters, November 2024

Which Alaska Criminal Records Can Be Expunged?

Alaska lacks general expungement statutes. Criminal justice information may be sealed under AK ST § 12.62.180 based on death, age of information, offense nature, or storage concerns.

Which Records Cannot Be Expunged?

No statutory mechanism exists for conviction or arrest expungement.

When Can You Apply?

Records remain unless sealed/purged under narrow administrative criteria.

Basis for Expungement

Sealing determined by administrative criteria, not court order for expungement. **Source:** Thomson Reuters, November 2024

Which Arizona Criminal Records Can Be Expunged?

Records may be set aside after successful discharge from probation or sentence under § 13-905.

Which Records Cannot Be Expunged?

Sex offender registration offenses (§ 13-3821); dangerous crimes against children (§ 13-706); felonies with victims under 15.

When Can You Apply?

After successful discharge from probation/sentence; civil rights restored upon application after discharge (§ 13-908); first-time offenders may qualify automatically (§ 13-907).

Basis for Expungement

Court considers offense nature, probation compliance, prior/subsequent convictions, victim input, restitution status, time since sentence, applicant age.

Which California Criminal Records Can Be Expunged?

Expungement available after completion or early termination of probation; following dismissal, reversal, or factual innocence finding; DNA records; trafficking victims.

Which Records Cannot Be Expunged?

Vehicle Code § 42002.1(b) offenses; §§ 286(c), 288, 288a(c), 288.5, 289(j); § 261.5(d) felony convictions; infractions.

When Can You Apply?

After probation completion/early termination; no pending charges; successful diversion completion; case reversal/dismissal.

Basis for Expungement

California courts grant expungement when probation completed and eligibility established; court evaluates "interests of justice."

Which Colorado Criminal Records Can Be Expunged?

Case dismissals or acquittals; successful diversion/deferred judgment completion; municipal violations (3 years post-disposition, no new offenses); controlled substances/trafficking offenses; mistaken identity.

Which Records Cannot Be Expunged?

Class 1-2 misdemeanor traffic offenses; Class A-B traffic offenses; deferred judgments with sexual behavior element; domestic violence/child abuse/sexual offenses involving minors; unpaid restitution/fines/fees.

When Can You Apply?

1 year (petty offenses); 2 years (Class 2-3 misdemeanors, drug misdemeanors); 3 years (Class 4-6 felonies, Class 3-4 drug felonies, Class 1 misdemeanors); 5 years (all other offenses).

Basis for Expungement

Court grants sealing when harm to individual's privacy/adverse consequences outweigh public interest in access.

Which Connecticut Criminal Records Can Be Expunged?

Not guilty findings; dismissals; pardons; nolle prosequi with 13-month lapse and no refiling; decriminalized offenses.

Which Records Cannot Be Expunged?

Family violence crimes; sexual offenses; Class D felonies under specific statutes; Class A misdemeanors under §§ 53a-61a, 53a-64cc, 53a-323.

When Can You Apply?

Final judgment if acquitted/dismissed; anytime after pardon; 13 months after nolled without refiling.

Basis for Expungement

Erasure granted upon defined events (acquittal, dismissal, nolle prosequi with expiration, pardon); automatic obligation for law enforcement, prosecutors, courts.

Which Delaware Criminal Records Can Be Expunged?

Mandatory expungement after acquittal, nolle prosequi, dismissal, or probation-before-judgment discharge; discretionary expungement for misdemeanors/certain felonies; pardoned/wrongfully convicted cases; trafficking victims.

Which Records Cannot Be Expunged?

Second-degree vehicular assault, incest, third-degree unlawful sexual assault; § 4201(c) felonies; physical/sexual assault convictions; unpaid fines/restitution; current incarceration/probation/parole.

When Can You Apply?

Immediately (acquittal/nolle prosequi/dismissal); 3-7 years post-conviction (misdemeanor, depending on record); 7 years post-felony conviction/release; 5 years for violations/misdemeanors.

Basis for Expungement

Eligibility based on offense type, outcome, time elapsed, criminal history; reviewed by State Bureau of Identification or court.

Which Florida Criminal Records Can Be Expunged?

Records with certificate of eligibility from FDLE; following dismissal, acquittal, or withhold of adjudication; lawful self-defense cases.

Which Records Cannot Be Expunged?

Terrorism, murder, manslaughter, sexual misconduct, arson, domestic violence, stalking, other violent/serious offenses; prior expungement/sealing; adjudication of guilt.

When Can You Apply?

After obtaining FDLE certificate of eligibility; following qualifying resolution (dismissal, acquittal, withhold).

Basis for Expungement

Expungement granted upon petition when statutory requirements met, including no prior expungement/sealing, no disqualifying convictions, certificate of eligibility provided.

Which Georgia Criminal Records Can Be Expunged?

Records of individuals exonerated and discharged from sentence; first offender exoneration; records restricted under § 42-8-62.1.

Which Records Cannot Be Expunged?

No specific categorically ineligible offenses listed; court weighs public interest.

When Can You Apply?

After exoneration and discharge; when eligible as first offender under § 42-8-60.

Basis for Expungement

Court considers whether public interest in access is outweighed by individual's privacy right; relief through petition post-discharge/exoneration.

Which Hawaii Criminal Records Can Be Expunged?

Cases without conviction; conditional discharge if defendant under 20 at offense time; drug/first-time property offenses; prostitution (3-year waiting period).

Which Records Cannot Be Expunged?

No conviction due to bail forfeiture for felonies/misdemeanors; petty misdemeanors/violations (5+ years without conviction from bail forfeiture); prosecution made impossible by jurisdiction departure; acquittals with outstanding bench warrants.

When Can You Apply?

After acquittal, dismissal, or no conviction; post-conditional discharge (if under 20); 3 years post-discharge for prostitution.

Basis for Expungement

Expungement eligibility depends on case disposition and defendant age/circumstances; court issues order if statutory conditions met.

Which Idaho Criminal Records Can Be Expunged?

Records where no charge/conviction occurred; not charged by indictment/information within one year of arrest/summons; acquitted; charges dismissed.

Which Records Cannot Be Expunged?

Records for individuals charged within one year; conviction resulted.

When Can You Apply?

One year after arrest/summons if uncharged; immediately upon acquittal/dismissal.

Basis for Expungement

Expungement limited to no-charge/no-conviction cases; eligible individuals submit written request to state department; sealing of official court file may be requested.

Which Illinois Criminal Records Can Be Expunged?

Charges resulting in acquittal, dismissal, release without charging; supervision/probation completion; conviction vacation/reversal; automatic expungement in qualifying cases.

Which Records Cannot Be Expunged?

Supervision for § 11-501 Illinois Vehicle Code violations or similar local ordinances; statute doesn't identify complete ineligible list.

When Can You Apply?

Immediately (acquittal/dismissal/release without charge); 5 years post-supervision/probation completion; 2 years may apply for some supervision.

Basis for Expungement

Petitioner files verified petition with circuit court clerk; Chief Judge or designated judge may grant; good cause shown in counties under 3 million residents.

Which Indiana Criminal Records Can Be Expunged?

Arrests not resulting in conviction/vacated convictions; misdemeanor convictions (IN ST § 35-38-9-2); Class D felonies (§ 35-38-9-3); certain felonies (§ 35-38-9-4).

Which Records Cannot Be Expunged?

Elected officials convicted of felony while in office (IN ST § 35-38-9-5); serious bodily injury felonies (§ 35-38-9-5); ineligible offenses.

When Can You Apply?

One year after arrest/charge (if no conviction/vacated); post-probation/imprisonment/parole discharge; statutory waiting periods by offense type.

Basis for Expungement

Petitioner meets statutory criteria, files petition with appropriate court; courts review based on offense classification, time elapsed, statutory requirements; includes courts, Department of Correction, Bureau of Motor Vehicles, service providers.

Which Iowa Criminal Records Can Be Expunged?

Dismissed charges or not-guilty verdicts; misdemeanors (8 years, no new charges); public intoxication (2 years post-conviction, no subsequent convictions); deferred judgments post-completion; underage alcohol/prostitution offenses.

Which Records Cannot Be Expunged?

Forcible felonies/Chapter 709 offenses (mandatory reporters, victims under 18); methamphetamine (§ 124.401(1)(a)-(b)); § 321J violations with priors/license revocation; 2+ deferred judgments/felony deferred within 5 years; corporations; specified offenses.

When Can You Apply?

180 days post-acquittal/dismissal (if costs/fees paid); post-probation completion (restitution satisfied); 2 years post-conviction (public intoxication/alcohol, no new); 8 years post-misdemeanor (no charges, fewer 2 deferrals, no outstanding).

Basis for Expungement

Court grants when statutory conditions met: offense eligibility, probation/supervision completion, financial obligation satisfaction; may waive waiting periods for good cause.

Which Kansas Criminal Records Can Be Expunged?

Traffic infractions, tobacco infractions, misdemeanors, Class D-E felonies (post-July 1, 1993); municipal court convictions/diversions (3 years post-satisfaction); nonviolent offenses.

Which Records Cannot Be Expunged?

Rape, indecent liberties with child, sodomy, indecent solicitation, sexual exploitation; capital/first/second-degree murder, manslaughter; sexual battery/aggravated battery (victims under 18); K.S.A. 8-2,144 violations; pre-July 1, 2011 offender registration crimes.

When Can You Apply?

3 years post-sentence/probation/parole satisfaction for municipal court offenses; applicable waiting post-diversion/discharge.

Basis for Expungement

Petition submitted to appropriate court; court grants if statutory requirements satisfied; consider offense nature, time elapsed, registration obligations.

Which Kentucky Criminal Records Can Be Expunged?

Automatic expungement for acquittals/dismissals with prejudice (30 days); misdemeanor/violation/traffic cases from single incident; Class D felony vacatur/expungement; acquittals/non-conviction dismissals; trafficking victims.

Which Records Cannot Be Expunged?

Sex offenses; crimes against children; prior felony/misdemeanor conviction (5 years); pending felony/misdemeanor; enhancement-subject offenses.

When Can You Apply?

60 days post-acquittal/dismissal with prejudice; 1 year post-dismissal without prejudice (misdemeanors/violations); 3 years post-dismissal without prejudice (felonies); 5 years post-sentence/probation completion (misdemeanor/violation); Class D felony petitions allowed if no prior felony vacatur/expungement.

Basis for Expungement

Petition filed where charged/convicted; court grants upon statutory criteria; Class D requires conviction vacation before expungement; Kentucky State Police/Administrative Office of Courts certification required.

Which Louisiana Criminal Records Can Be Expunged?

No prosecution/dismissed/acquitted/nolle prosequi arrests (Art. 976); misdemeanor convictions (5+ years, no felony conviction past 5 years, no pending charges) (Art. 977); felony convictions (10+ years, first offender pardon, no convictions/pending) (Art. 978); wrongful arrests/convictions.

Which Records Cannot Be Expunged?

Crimes of violence/sex offenses (Art. 978); sex crimes/domestic abuse/stalking misdemeanors (Art. 977); currently incarcerated individuals (Art. 975).

When Can You Apply?

Immediately post-acquittal/dismissal/nolle prosequi (Art. 976); 5 years post-sentence (misdemeanors) (Art. 977); 10 years post-sentence with first offender pardon (felonies) (Art. 978).

Basis for Expungement

File motion with appropriate court meeting all statutory conditions, including waiting periods/offense type eligibility; certain records subject to automated expungement (Art. 985.2).

Which Maine Criminal Records Can Be Expunged?

Eligible Class E crimes (Title 17-A, Chapter 11); 4+ years post-sentencing satisfaction; offender aged 18-28 at offense; no other convictions/pending charges; not deferred disposition dismissal.

Which Records Cannot Be Expunged?

Records not meeting age/timing/charge criteria; additional convictions/pending charges; deferred disposition dismissals.

When Can You Apply?

After 4 years post-sentencing satisfaction; no new convictions/pending charges.

Basis for Expungement

Motion filed under Title 15, Section 2263; must demonstrate preponderance of evidence prerequisites (Section 2262); if new conviction occurs, records may unseal; nonconviction data protected from unlawful dissemination (Title 16, Section 707).

Which Maryland Criminal Records Can Be Expunged?

Acquittal, dismissal, probation before judgment, nolle prosequi, stet; marijuana possession under 10 grams (3 years); certain misdemeanor convictions; DNA records.

Which Records Cannot Be Expunged?

Crimes of violence; Transportation § 21-902; Criminal Law Title 2, Subtitle 5 or § 3-211; pending charges/unresolved dispositions (unless waivered).

When Can You Apply?

3 years post-acquittal/nolle prosequi/dismissal (waivable with general tort release); immediately for marijuana charges post-disposition; post-sentencing satisfaction for misdemeanor convictions.

Basis for Expungement

Generally petition-based (except automatic marijuana expungement); meet statutory requirements varying by disposition/offense; court orders expungement of police/court/state records if no valid state objection.

Which Massachusetts Criminal Records Can Be Expunged?

Erroneous felony convictions with judgment in claimant's favor (MA ST 258D § 7); offenses no longer crimes; fraud/law enforcement error/mistaken identity cases; expungement in justice interests.

Which Records Cannot Be Expunged?

Death/serious bodily injury intent offenses; deadly weapon use offenses; elderly/disabled victim crimes; sex/firearms offenses; domestic relations order violations; DUI offenses.

When Can You Apply?

Post-judgment favorable to erroneous felony conviction claimant (MA ST 258D § 7); when qualifying circumstances under MA ST 276 § 100K met.

Basis for Expungement

Petition showing clear/convincing evidence meeting at least one qualifying statutory criterion (legal error, mistaken identity, offense no longer crime); must satisfy exclusionary criteria (MA ST 276 § 100J).

Which Michigan Criminal Records Can Be Expunged?

One felony + two misdemeanors set-aside petition; two misdemeanors set-aside petition; marijuana offenses (MI ST 780.621e); automatic set-aside (MI ST 780.621g).

Which Records Cannot Be Expunged?

Life imprisonment penalty crimes; most sexual offenses; traffic (including DUI/OWI); felony domestic violence with prior misdemeanor domestic violence; § 750.520e violations, explicitly excluded.

When Can You Apply?

5 years post-sentence completion; applicable waiting periods/conditions; automatic set-aside conditions (MI ST 780.621g).

Basis for Expungement

Application/petition filed under set-aside laws meeting eligibility: offense type, criminal history, timing; court determines statutory criteria satisfaction; automatic expungement applies (MI ST 780.621g) with limits.

Which Minnesota Criminal Records Can Be Expunged?

Favorable charge resolution (acquittal/dismissal); diversion/stay completion (no crime charge 1 year (petty), 4 years (gross), 5 years (felony)); felony cannabis (§ 609A.06); automatic cannabis/mistaken identity expungement.

Which Records Cannot Be Expunged?

Predatory offender registration convictions (§ 243.166); timing/eligibility standard non-compliance.

When Can You Apply?

Post-favorable resolution; 1 year post-diversion/stay (petty misdemeanor); 4 years (gross misdemeanor); 5 years (certain felonies); post-§ 152.18 dismissal/discharge (specified drug possession).

Basis for Expungement

Extraordinary remedy requiring petitioner benefit outweighing public/safety disadvantages; § 609A.02, subdivision 3(a)(1)-(2) grants unless opposing agency shows clear/convincing evidence public safety concerns prevail; courts consider 12 statutory factors.

Which Mississippi Criminal Records Can Be Expunged?

First-time misdemeanor convictions (excluding traffic); § 99-19-71 felonies (5 years post-sentence); intervention/diversion program-dismissed charges; prior expungement law records.

Which Records Cannot Be Expunged?

Sex offenses (exempt from destruction/expungement/sealing); violence crimes, arson, drug trafficking, 3+ DUI, felon firearm possession, sex offender registration failure, voyeurism, witness intimidation, vulnerable person abuse; public official convictions; implied consent law violations.

When Can You Apply?

Immediately post-intervention/diversion completion; 5 years post-felony sentence completion (limited to one expunction).

Basis for Expungement

Petition appropriate court demonstrating statutory condition satisfaction: completion, time elapsed, fines/fees payment; intervention court participants eligible upon program completion/compliance.

Which Missouri Criminal Records Can Be Expunged?

Arrest records (if false information basis, uncharged, no probable cause, no suspended sentence, non-commercial driver absent commercial vehicle operation); official closure (dismissal, nolle, acquittal, suspended sentence, exceptions for child offenses); criminal expungement (3 years felony/1 year misdemeanor, no subsequent, obligations satisfied, no pending, justice interests); mistaken identity; nonviolent offenses.

Which Records Cannot Be Expunged?

Class A felonies, dangerous felonies, offender registration crimes; death-element offenses, assault, domestic assault, kidnapping; § 566 offenses/prior listings; § 577.054, § 610.130 violations; intoxication traffic/aircraft/boating; commercial driver offenses; pre-January 1, 2017 § 571.030 offenses.

When Can You Apply?

Immediately post-favorable resolution (dismissal/acquittal) (§ 610.105); 3 years post-felony/1 year post-misdemeanor (§ 610.140); meeting statutory conditions (no new, obligations, no pending).

Basis for Expungement

Verified petition filed in circuit court (arrest county); demonstrate eligibility, statutory waiting period elapsed, public welfare/justice served; additional false information/mistaken identity procedures exist.

Which Montana Criminal Records Can Be Expunged?

Misdemeanor convictions (if no prior § 46-18-1102 through 46-18-1111 expungement, other criteria satisfied); automatic reversal expungement (MT ST § 46-23-510); decriminalized offense expungement (§ 16-12-113); deferred imposition record sealing (§ 46-18-204, except court order).

Which Records Cannot Be Expunged?

Assault, domestic violence, stalking, protective order violation, DUI (MT ST § 46-18-1101); subsequent 5-year conviction; detained/pending charge individuals.

When Can You Apply?

5 years post-sentence completion (no subsequent convictions/pending); presumed expungement if military service/demonstrated rehabilitation; immediate reversal/decriminalized offense expungement.

Basis for Expungement

District court petition filed; courts consider offense age, time elapsed, rehabilitation, reoffending likelihood, relevant information; presumed if statutory conditions met (MT ST § 46-18-1107); retroactive decriminalized acts (§ 16-12-113).

Which Nebraska Criminal Records Can Be Expunged?

Law enforcement error arrests (petition/court order); automatic public record removal: no charges filed (1 year), diversion completed (2 years), charges dismissed (3 years).

Which Records Cannot Be Expunged?

Convictions ineligible; non-statutory timeline/criteria arrests remain.

When Can You Apply?

Immediately upon law enforcement error discovery; 1 year (uncharged), 2 years (diversion completed, uncharged), 3 years (filed then dismissed).

Basis for Expungement

District court petition showing clear/convincing law enforcement error evidence; other cases automatically removed post-waiting periods (NE ST § 29-3523).

Which Nevada Criminal Records Can Be Expunged?

Records sealing available (not true expungement) for convictions, arrests, legal outcomes per NRS 422.540-422.570, 484C.110; reentry program/conditional dismissal completion; non-felony domestic violence/battery/harassment/stalking; case dismissal/discharge/probation/suspension completion.

Which Records Cannot Be Expunged?

Child crimes, sexual offenses; deadly weapon home invasion; felony DUI/NRS 484C.110, 484C.120 violations; NRS 484C.400(1), 484C.430, felony § 488.410, 488.420, 488.425.

When Can You Apply?

10 years post-custody/probation (Category A felonies, violence crimes, burglary); 5 years (Category B-D felonies); 2 years (Category E felonies, gross misdemeanors, misdemeanors); 7 years (battery constituting domestic violence); earlier post-reentry program/dismissal/discharge.

Basis for Expungement

Court petition for sealing order; court considers offense, exclusions, time elapsed, further conviction absence; certain cases automatic sealed unless division objects; sealed records generally inaccessible except specific legal/regulatory contexts.

Which New Hampshire Criminal Records Can Be Expunged?

Arrest/conviction/sentence annulment if court supports rehabilitation/public welfare; not guilty/dismissal/non-prosecution (pre-January 1, 2019) anytime; post-January 1, 2019 automatic 30-day annulment (no appeal); conviction annulment post-waiting period (offense-severity dependent).

Which Records Cannot Be Expunged?

Motor vehicle violations (RSA 265-A:2, I, non-DWI, during waiting period); § 318-B:26 drug offenses (7 years post-conviction); repeat domestic violence (until most recent vacated); certain sexual/felony offenses (longer waiting/exclusion).

When Can You Apply?

Immediately (pre-2019 not guilty/dismissal); automatically 30 days post-dismissal (post-January 1, 2019); 1 year (violations, pre-2019); 2 years (Class B misdemeanors/petty); 3 years (Class A misdemeanors); 5 years (Class B felonies); 10 years (Class A felonies, sexual assault, felony indecent exposure, misdemeanor domestic violence).

Basis for Expungement

Sentencing court petition-based; court may grant/deny without hearing unless requested; promotes rehabilitation/public welfare; statutory conditions per offense/record type; petition limitations apply.

Which New Jersey Criminal Records Can Be Expunged?

One indictable offense (no subsequent crime convictions); multiple interdependent convictions; up to three disorderly/petty disorderly offenses (no other crimes); non-conviction arrests (dismissal/acquittal/discharge time); drug offenders; marijuana/hashish offenses; clean slate (10 years post-most recent conviction/release).

Which Records Cannot Be Expunged?

Criminal homicide, strict liability vehicular homicide, kidnapping, human trafficking; sexual offenses (aggravated assault, criminal conduct); public office crime touch, embezzlement, perjury, false swearing, WMD weapons; controlled substance sale/distribution (limited exceptions).

When Can You Apply?

5 years post-most recent conviction/assessment payment/supervision completion/incarceration release (whichever latest); 6 months post-supervisory treatment/conditional discharge/dismissal; immediately (non-conviction dismissal/acquittal/discharge); 10 years post-most recent offense/sentence (clean slate).

Basis for Expungement

Superior Court petition; relief denied if prerequisites unmet, compelling circumstances absent, public interest records needed; court discretion if less required time elapsed with compelling circumstances.

Which New Mexico Criminal Records Can Be Expunged?

Uncharged/convicted release records; offense-completion/restitution/waiting-period convictions; identity theft cases (NM ST § 29-3A-3); decriminalized conduct (NM ST § 29-3A-8).

Which Records Cannot Be Expunged?

Child-victim offenses; great bodily harm/death offenses; sex offenses (NM ST § 29-11A-3); NM ST § 30-16-8 embezzlement; intoxication driving/drugs.

When Can You Apply?

1 year post-final disposition (uncharged); 2 years (ordinance/misdemeanor, no other convictions); 4 years (aggravated battery/fourth-degree felony); 6 years (third-degree); 8 years (second-degree); 10 years (first-degree Household Members Act).

Basis for Expungement

Court petition showing no pending charges, sentence condition completion (restitution), 30-day justice finding order (NM ST § 29-3A-5).

Which New York Criminal Records Can Be Expunged?

Up to two sealing-eligible offenses (max one felony) post-10-year sentence/incarceration completion; NY CRIM PRO § 160.50 termination in defendant favor sealing.

Which Records Cannot Be Expunged?

Sex offenses; § 125 felonies (homicide); violent felony offenses (NY Penal Law § 70.02); Class A felonies; public interest against sealing offenses.

When Can You Apply?

10 years post-sentence imposition/incarceration release (later); no new criminal conviction within decade; sentencing court petition filing.

Basis for Expungement

Discretionary § 160.59 sealing; sentencing judge/county/supreme court evaluates time elapsed, offense circumstances, petitioner character, public safety/justice impact; rehabilitation/forward progress intent.

Which North Carolina Criminal Records Can Be Expunged?

Nonviolent misdemeanor/felony convictions (eligibility/waiting periods); dismissed/not guilty charges; identity theft/mistaken identity; prostitution (conditions); trafficking victims (offense result); DNA records (appeal dismissal/innocence pardon).

Which Records Cannot Be Expunged?

Class A-G felonies; non-eligible offenses; prior convictions disqualifying per waiting period/restriction.

When Can You Apply?

5 years post-conviction/sentence/probation/supervision (single nonviolent misdemeanor); 7 years (multiple nonviolent misdemeanors); 10 years (single nonviolent felony); immediately (dismissal/acquittal); anytime (innocence pardon).

Basis for Expungement

County court petition; statutory condition satisfaction; offense number/type limits; courts consider offense nature, elapsed time, sentencing compliance; mandatory upon criteria meeting (some), discretionary (others).

Which North Dakota Criminal Records Can Be Expunged?

First marijuana-ounce possession sealing (motion, no subsequent); nonviolent misdemeanor (3 years, no new); nonviolent felony (5 years, no new); identity theft victims; trafficking victims; ND ST § 12-60-16.3 purging/sealing.

Which Records Cannot Be Expunged?

Violent/intimidating felonies (firearm-possession-eligible period); ND ST § 12.1-32-15 registration offenses.

When Can You Apply?

Immediately (first marijuana, motion, no subsequent); 3 years post-misdemeanor conviction (no new); 5 years post-felony conviction (no new).

Basis for Expungement

Good-cause showing petition; sentencing term completion/probation/restitution; rehabilitation demonstration; court weighs sealing benefit vs. record openness presumption; considers reformation, offense nature, public safety statutory factors.

Which Ohio Criminal Records Can Be Expunged?

Eligible offender sealing (limited offense number, conviction history); misdemeanor/felony sealing (different waiting); trafficking victim expungement (OH ST § 2953.38, § 2953.521); firearm in motor vehicle improper handling (§ 2953.37).

Which Records Cannot Be Expunged?

Allowed offense-number excess; statutory-excluded offenses; pending criminal proceedings.

When Can You Apply?

3 years post-third-degree felony discharge; 1 year post-fourth/fifth-degree felony/misdemeanor discharge; immediately (not guilty/dismissal eligibility).

Basis for Expungement

Sentencing court application (or common pleas for out-of-state/federal convictions); court-determined applicant criteria satisfaction, no pending, justice/legitimate government retention non-conflict; rehabilitation demonstration.

Which Oklahoma Criminal Records Can Be Expunged?

Acquittals/reversed dismissal-convictions; DNA-based factual innocence; gubernatorial pardons; statute-expired uncharged arrests; deferred judgment/delayed sentence dismissal (misdemeanor 1 year, felony 5 years); sub-$501-fine misdemeanors (no jail/probation); nonviolent felonies (OK ST T. 57 § 571 non-listing, 5-10 year elapsed); identity theft/trafficking victims.

Which Records Cannot Be Expunged?

OK ST T. 57 § 571 violent felonies; sex offender registration felonies; pending felony/misdemeanor charges.

When Can You Apply?

Immediately (acquittal/reversal/dismissal); 1 year post-misdemeanor deferred judgment dismissal; 5 years post-nonviolent felony deferred dismissal/sentence completion (criteria); 10 years post-sentence (up-to-two nonviolent felonies); 3 years post-commuted reclassified misdemeanor.

Basis for Expungement

OK ST T. 22 § 18 specific eligibility category falling; court privacy harm vs. public interest determination; typically petition/hearing/statutory condition satisfaction (time, sentence, clean history).

Which Oregon Criminal Records Can Be Expunged?

Class B-C felonies/misdemeanors/violations (waiting periods); pre-January 1, 1972 eligible offenses (current law); marijuana (OR ST § 475C.397); gubernatorial pardon convictions; 60-day acquittal/dismissal/non-filing arrest/citation.

Which Records Cannot Be Expunged?

Criminal mistreatment (second degree, ORS 163.200, 65+ victim); first degree (163.205, elderly/child); minor welfare endangerment (163.575(1)(a)); criminally negligent homicide (163.145, Class C felony); assault third degree (163.165(1)(h)).

When Can You Apply?

Class B: 7 years post-conviction (no disqualifying offense); Class C: 5 years; Class A misdemeanor: 3 years; Class B/C misdemeanor/contempt: 1 year; 60 days post-non-prosecution; immediately (acquittal/statute-specified dismissal); 3 years post-probation revocation (certain, if otherwise eligible).

Basis for Expungement

OR ST § 137.225 conviction/arrest set-aside motion; court must grant unless clear/convincing evidence post-offense conduct poses public safety risk; considers behavioral history, statutory factors.

Which Pennsylvania Criminal Records Can Be Expunged?

Nodisposition (18-month arrest repository absence, court certification, no pending action); 70-age/10-year-clean individuals; 3-year-post-death individuals; 5-year summary offenses (arrest/prosecution-free); juvenile records (conditions).

Which Records Cannot Be Expunged?

ARD sexual offense arrests (18 Pa.C.S. §§ 3121-3127, 5902(b), 5903, under-18 victims); unconfirmed disposition (unless 18 months/certification passed).

When Can You Apply?

Immediately (no 18-month disposition, certification); 5 years post-summary offenses (no further arrest/prosecution); age 70 (10-year clean post-supervision); 3 years post-individual death; ARD/diversion-post-completion (unless excluded).

Basis for Expungement

Court-authorized expungement; procedural rules include petitions, notice, certification (required where); automatic handling (Clean Slate Law); active petitioning per 18 Pa.C.S.A. § 9122, related regulations.

Which Rhode Island Criminal Records Can Be Expunged?

First-offense felony/misdemeanor post-completion (10/5 years respectively); acquittal/dismissal/no-finding records; deferred sentence post-successful completion (no pending); qualifying juveniles; 18-21 alcohol violations (§ 3-8-6, § 3-8-9, § 3-8-10); decriminalized offenses; trafficking/mistaken identity victims.

Which Records Cannot Be Expunged?

Violence crimes convictions; deferred sentence violence crime convictions; traffic offenses (§ 31-27-2 DUI, § 31-27-2.1).

When Can You Apply?

5 years post-misdemeanor sentence completion (first offense); 10 years post-felony sentence completion (first offense); immediately post-deferred sentence completion (criteria); 3 years post-domestic violence charge filing (not guilty/guilty/nolo); immediately (acquittal/dismissal/mistaken identity, no pending).

Basis for Expungement

Court petition; court evaluates sentencing term compliance, good moral character, no pending criminal matters, public interest service; victim-based/identity-error cases have specific legal standards per applicable statutes.

Which South Carolina Criminal Records Can Be Expunged?

First-offense sub-$1,000 fine/sub-30-day imprisonment; drug/unlawful prescription-possession first offense (SC ST § 22-5-930); pre-2024 handgun unlawful possession (§ 17-1-65); conditional-discharge first-offender disorderly conduct (§ 16-17-530); trafficking victims (§ 16-3-2020).

Which Records Cannot Be Expunged?

Motor vehicle operation traffic; Title 50 regulation violations (points/suspensions/enhancements apply); beyond-first-offense domestic violence (16-25-20(D)); pending charge cases; prior expungement recipients.

When Can You Apply?

3 years post-conviction (first offenses, unless longer); 5 years (first domestic violence, 16-25-20(D)); 3 years (drug first-offense); 20 years (distribution possession); within 5 years of § 17-1-65 enactment (pre-law handgun).

Basis for Expungement

SC ST § 22-5-910, related statutes; no additional convictions during waiting period, no pending, statutory criteria satisfaction; limited one-instance per person; circuit court order required.

Which South Dakota Criminal Records Can Be Expunged?

Uncharged arrests (one year filing absence); formal-case-dismissal-one-year records; anytime acquittals; diversion program completion (one year 30 days post); probation discharge/charge dismissal sealing; trafficking/sexual exploitation juveniles.

Which Records Cannot Be Expunged?

Non-eligibility-category records; Division of Criminal Investigation non-public records retain (access restricted).

When Can You Apply?

1 year post-uncharged arrest; 1 year post-prosecutorial dismissal; anytime post-acquittal; 1 year 30 days post-diversion completion; probation discharge/dismissal.

Basis for Expungement

Original-charge court motion filing; clear/convincing evidence court finding: justice ends/individual-public best-interest service; no time-limit arrest record expungement applications; statutory-criteria automatic expungements apply.

Which Tennessee Criminal Records Can Be Expunged?

Dismissal/no true bill/nolle prosequi/acquittal/diversion-completion records; Class E felony/misdemeanor convictions (TN ST § 40-32-101, max two convictions); segregation-protest-challenge offenses (specified conditions); trafficking victims (§ 40-32-105); probation discharge post-expunction (§ 40-35-313).

Which Records Cannot Be Expunged?

Class A-B felonies; sex/violence crime offenses (applicable statutes); 2+ convictions (unless exceptions); non-eligible-table offenses (§ 40-32-101(g)).

When Can You Apply?

Immediately (dismissal/acquittal/no true bill); 5 years post-eligible misdemeanor/Class E felony sentence completion; 37 years post-conviction (civil rights protest, conditions); immediately post-probation completion (§ 40-35-313).

Basis for Expungement

Conviction-court petition filing; court-evaluated eligibility: offense classification, conviction number, waiting periods, statutory criteria; Tennessee Bureau of Investigation database maintenance (expunged records, public access restricted).

Which Texas Criminal Records Can Be Expunged?

Uncharged arrest records; acquittal/pardon-related records; mistaken-identity/wrong-person arrests; veterans/mental health treatment-court-completion records; minor alcohol-offense records (TX AL BEV § 106.12).

Which Records Cannot Be Expunged?

TX CRIM PRO Art. 55.01(c) criminal-episode records; Section 21 Article 42.12 arrests; post-release-absconding individuals; prior-expunction individuals (repeat ineligibility).

When Can You Apply?

Post-charge dismissal/acquittal; post-pardon; post-qualifying treatment-court completion; arrest-non-charge waiting-period expiration.

Basis for Expungement

District court petition filing per TX CRIM PRO Art. 55.01; expungement-eligibility demonstration; expunged individuals may deny record existence (except under oath criminal proceeding, state only expungement); sworn prior-expunction affidavit may be required.

Which Utah Criminal Records Can Be Expunged?

Arrest/investigation/detention records (30 days post-arrest, no charges/proceeding/protective order); conviction records (UT ST §§ 77-40a-302, 77-40a-303 clean slate/time passage); automatic clean-slate expungement (post-May 1, 2020 adjudication); gubernatorial pardon (§ 77-27-5.1); juveniles (§ 80-6-1004.1).

Which Records Cannot Be Expunged?

Non-eligibility-criteria records (§§ 77-40a-302, 77-40a-303); public-safety-risk court finding cases; non-qualifying traffic offenses.

When Can You Apply?

30 days post-arrest (no charges/proceedings/protective order); 3-10 years post-conviction (offense severity dependent) (§ 77-40a-303); immediately post-acquittal/dismissal (subject to 60/180-day automatic-expungement wait); plea-in-abeyance post-completion.

Basis for Expungement

Bureau of Criminal Identification certificate-of-eligibility application (cannabis-possession exceptions), court petition filing; court clear/convincing evidence finding: statutory requirement satisfaction; automatic expungement (§ 77-40a-203) for qualifying cases.

Which Vermont Criminal Records Can Be Expunged?

Diversion-program-completion records (probation/obligation satisfaction) (VT ST T. 3 §§ 163-164); no-longer-prohibited-conduct records; 10-year DUI post-offense (no subsequent); pre-25 burglary (15 years, no deadly weapon); reversed/vacated convictions (trafficking/wrongful conviction).

Which Records Cannot Be Expunged?

Commercial driver serious-bodily-injury/death offenses; school-bus/commercial-vehicle DUIs (high BAC); past-7-year felony/past-5-year misdemeanor convictions (certain categories).

When Can You Apply?

2 years post-diversion completion; 5 years post-sentence completion (many, clean record); 10 years post-DUI sentence completion; 15 years post-pre-25 eligible-burglary conviction; 60 days post-acquittal/dismissal/statute-of-limitations (certain non-conviction).

Basis for Expungement

Court statutory-condition-satisfaction determination; expungement justice-interest service; criteria: time elapsed, restitution payment, clean record, employment/community service (some cases); trafficking victims/vacated-conviction individuals petition under specific statutes.

Which Washington Criminal Records Can Be Expunged?

Misdemeanor/gross misdemeanor conviction vacating (WA ST 9.96.060); Class B/certain Class C felony conviction vacating (WA ST 9.94A.640); non-conviction records (court discretion); non-violent offense statutory criteria/waiting period observation.

Which Records Cannot Be Expunged?

Violent offenses (RCW 9.94A.030); crime-against-persons records (applicable statutes); pending criminal charges (any state/federal).

When Can You Apply?

10 years post-discharge (Class B felonies, certain Class C felonies); 5 years post-discharge (other eligible felonies); statutory-criteria fulfillment (misdemeanor offenses).

Basis for Expungement

Sentencing court petition; court-determined statutory-test satisfaction; guilty-plea withdrawal/not-guilty plea entry or guilty-verdict strike possible; no-current-charges/sufficient-post-discharge-time findings required.

Which West Virginia Criminal Records Can Be Expunged?

First-time drug possession (WV ST § 60A-4-407); dismissal/not-guilty arrests (60 days, WV ST § 61-11-25); single misdemeanor (1 year post-completion); multiple misdemeanors (2 years post); non-violent felonies (5 years post); trafficking/mistaken identity victims; gubernatorial-pardon convictions (WV ST §§ 5-1-16a, 61-14-9).

Which Records Cannot Be Expunged?

First-degree murder, treason, kidnapping, pardon-less felonies (WV ST § 5-1-16a); certain motor vehicle traffic-control violations (§ 61-11-26b); non-violent-classification felonies-absent (§ 61-11-26).

When Can You Apply?

60 days post-acquittal/dismissal; 1 year post-single-misdemeanor conviction/completion; 2 years post-multiple-misdemeanor completion; 5 years post-non-violent-felony completion; 2 years post-pardon (20+ years post-sentence discharge) (WV ST § 5-1-16a).

Basis for Expungement

Rehabilitation demonstration; expungement-request reasons provision; public-welfare consistency; hearing held (pardons/non-dismissal convictions); clear/convincing evidence eligibility/justice-benefit proof required.

Which Wisconsin Criminal Records Can Be Expunged?

Under-25 offense convictions (sentence-completion post); 6-year-max-punishment offenses; under-18 privacy-invasion offenses.

Which Records Cannot Be Expunged?

Prior-felony Class H-I felonies; violent offenses (WI ST § 301.048(2)(bm)); stalking (§§ 940.32), child physical abuse (948.03(2)-(3)), school-staff sexual assault (948.095), child-death concealment (948.23(1)(a)).

When Can You Apply?

Sentencing-time only—court must determine expungement upon sentence-completion success; no post-sentence petition mechanism under current law.

Basis for Expungement

Discretionary sentencing-court act (sentence-time order only); individual sentence-completion success requirement; court finding: person/society non-harm benefit; no retroactive-expungement statutory mechanism.

Which Wyoming Criminal Records Can Be Expunged?

Arrest records (180+ days post-arrest/dismissal, uncharged, no-disposition, no-suspended-sentence, non-commercial-driver, non-commercial-vehicle-operation) (WY ST § 7-13-1401); misdemeanor convictions (1 year post-sentence completion); select felony convictions (strict statutory requirements).

Which Records Cannot Be Expunged?

Non-180-day-waited uncharged arrests (§ 7-13-1401); ineligible-offense convictions; statutory-requirement-unmet records.

When Can You Apply?

180+ days post-uncharged-arrest/dismissal; 1 year post-misdemeanor-sentence completion; felony statutory-requirement conditions satisfaction.

Basis for Expungement

Court petition; clear/convincing evidence demonstration: offense eligibility, statutory-requirement satisfaction, time elapsed, criminal-record absence, expungement public-interest/rehabilitation service.