State Pardon & Expungement Guidance

Navigating the process of clearing a criminal record can be overwhelming, especially when the laws vary so widely from one state to the next. This guide offers a clear, state-by-state breakdown of eligibility and procedures for expungement and pardons across all 50 U.S. states.

Whether you’re seeking to seal a past arrest, expunge a conviction, or understand your rights following a pardon, this resource is designed to provide accurate, accessible information based solely on the most recent statutory guidance available.

Each state entry outlines what types of criminal records may be eligible for expungement, which offenses are excluded, when individuals may apply, and the legal basis for relief.

This page is strictly for informational purposes and should not be construed as legal advice in any way, shape, or form. Consult an attorney about your individual case.

This page was last updated in May 2025.

For more information about our advocacy for federal pardon and expungement reform, visit our federal pardon and expungement initiatives page. If you have any questions or corrections, please reach us through our contact page.

State Expungement in Alabama

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 to Have Your Alabama State Criminal Record Expunged?

  • 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 in Alabama

A court may order expungement if the record is found to be inaccurate, incomplete, or misleading. The court may also consider expungement for related to 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

State Expungement in Alaska

Which Alaska State Criminal Records Can Be Expunged?

Alaska does not have a general statute allowing expungement of criminal records. However, some criminal justice information may be purged or sealed under specific circumstances:

Criminal justice information may be sealed under AK ST § 12.62.180.

  • Information may be purged if it is determined to be of no further value to a criminal justice agency, based on factors such as:
    • Death of the subject
    • Age of the information
    • Nature of the offense or information
    • Record volume or storage concerns

Which Alaska State Criminal Records Cannot Be Expunged?

There is no statutory mechanism for expungement of convictions or arrests under Alaska law. Criminal records remain unless sealed or purged under narrow administrative criteria.

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Arizona

Which Arizona State Criminal Records Can Be Expunged?

Arizona allows certain convictions to be set aside rather than fully expunged. The court may set aside a conviction after successful completion of sentence terms. Some DNA records may be expunged if a conviction is overturned.

  • Judgments of guilt may be set aside under AZ ST § 13-905
  • DNA profiles may be expunged under AZ ST § 13-610 if conviction is overturned
  • Victims of sex trafficking may have their convictions vacated under AZ ST § 13-909

Which Arizona State Criminal Records Cannot Be Expunged?

The court may not set aside convictions for certain offenses, including:

  • Offenses requiring sex offender registration under § 13-3821
  • Offenses under § 13-706 (dangerous crimes against children)
  • Felonies involving victims under 15 years old

When Can You Apply to Have Your Arizona State Criminal Record Expunged?

  • After successful discharge from probation or sentence, a person may petition to have their judgment set aside under § 13-905
  • Civil rights may be restored upon application after discharge, under § 13-908
  • First-time offenders may have rights restored automatically under § 13-907, contingent on restitution

Basis for Expungement in Arizona

The court considers various factors when reviewing an application to set aside a conviction:

  • Nature and circumstances of the offense
  • Applicant’s compliance with probation/sentence
  • Prior or subsequent convictions
  • Input from victims
  • Restitution status
  • Length of time since sentence
  • Applicant’s age
  • Other relevant circumstances

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in California

Which California State Criminal Records Can Be Expunged?

A person may apply for expungement in any case where they have fulfilled the conditions of probation or have been discharged early. The court may also grant relief if it finds that doing so is in the interests of justice. Records related to certain diversion programs or overturned convictions may also be expunged.

  • Petition may be granted following successful completion of probation
  • Sealing of arrest records available if no conviction results
  • DNA records may be expunged if case is reversed or dismissed
  • Relief available to victims of human trafficking
  • Sealing of records available following prefiling diversion or drug diversion programs

Which California State Criminal Records Cannot Be Expunged?

  • Offenses listed in subdivision (b) of Section 42002.1 of the Vehicle Code
  • Violations of Section 286(c), 288, 288a(c), 288.5, or 289(j)
  • Felony conviction under Section 261.5(d)
  • Any infraction as defined by law

When Can You Apply to Have Your California State Criminal Record Expunged?

  • After completion or early termination of probation
  • If no new charges are pending and the individual is not serving another sentence
  • After successful completion of certain diversion programs
  • Following reversal or dismissal of the case or a finding of factual innocence

Basis for Expungement in California

California courts may grant expungement to individuals who have completed probation and meet eligibility requirements. The court evaluates whether expungement serves the interests of justice. DNA and arrest records may be sealed under specific statutory conditions.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Colorado

Which Colorado State Criminal Records Can Be Expunged?

Colorado permits the sealing of various criminal records depending on the outcome and nature of the case. Records can be sealed when a case is dismissed, a person is acquitted, or specific timeframes pass after completion of a sentence.

  • Sealing allowed when a case is completely dismissed or the person is acquitted
  • Records may be sealed following successful completion of a diversion agreement or deferred judgment
  • Records for certain municipal violations may be sealed three years after disposition and no new offenses
  • Offenses involving controlled substances or human trafficking may be eligible for sealing
  • Sealing may also occur where mistaken identity is demonstrated

Which Colorado State Criminal Records Cannot Be Expunged?

  • Class 1 or 2 misdemeanor traffic offenses or any class A or B traffic offense
  • Deferred judgments involving motor vehicle license holders or felony offenses with a factual basis in unlawful sexual behavior
  • Domestic violence, child abuse, or sexual offenses involving minors
  • Municipal assault, battery, or similar violations with underlying domestic violence
  • Cases where restitution, fines, or fees remain unpaid unless the court has vacated the financial order

When Can You Apply to Have Your Colorado State Criminal Record Expunged?

  • 1 year after final disposition or release from supervision for petty offenses and minor cases
  • 2 years for class 2 or 3 misdemeanors and certain drug misdemeanors
  • 3 years for class 4, 5, 6 felonies or class 3 or 4 drug felonies, and class 1 misdemeanors
  • 5 years for all other offenses, depending on case type and post-sentence record

Basis for Expungement in Colorado

The court may grant a motion to seal records when it finds that the harm to the privacy of the individual or dangers of adverse consequences outweigh the public interest in retaining public access to the records. Additional requirements apply for certain convictions or unresolved financial obligations.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Connecticut

Which Connecticut State Criminal Records Can Be Expunged?

Connecticut permits the erasure of criminal records in cases involving a finding of not guilty, a dismissal, or a pardon. Records may also be erased after a period of time following a nolle prosequi if no charges are refiled.

  • Records must be erased upon finding of not guilty, dismissal, or grant of a pardon
  • Erasure also applies when a charge has been nolled and 13 months have passed without refile
  • Records related to decriminalized offenses are subject to erasure

Which Connecticut State Criminal Records Cannot Be Expunged?

  • Family violence crimes and certain sexual offenses
  • Class D felonies involving specific statutes
  • Class A misdemeanors involving sections 53a-61a, 53a-64cc, or 53a-323

When Can You Apply to Have Your Connecticut State Criminal Record Expunged?

  • After final judgment if found not guilty or charge is dismissed
  • Anytime following a pardon
  • Thirteen months after a charge has been nolled without refiling

Basis for Expungement in Connecticut

Erasure is granted upon the occurrence of defined events such as an acquittal, dismissal, nolle prosequi with expiration, or pardon. The statutes outline automatic obligations for erasure of records held by law enforcement, prosecutors, and courts.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Delaware

Which Delaware State Criminal Records Can Be Expunged?

Delaware allows both mandatory and discretionary expungement of criminal records depending on the outcome of the case, the offense involved, and the individual’s record. Expungement is also available following a pardon or wrongful conviction.

  • Mandatory expungement applies after acquittal, entry of nolle prosequi on all charges, dismissal, or discharge from probation before judgment
  • Discretionary expungement may be available for misdemeanors and certain felonies depending on the individual’s record and time elapsed
  • Expungement available after a pardon under specified conditions
  • Expungement also available for wrongful convictions and cases involving victims of human trafficking

Which Delaware State Criminal Records Cannot Be Expunged?

  • Second degree vehicular assault, incest, and third degree unlawful sexual assault
  • Felony convictions listed in 11 Del. C. § 4201(c)
  • Crimes involving physical or sexual assault
  • Convictions with unpaid fines, fees, or restitution
  • Cases where the individual is currently serving a term of incarceration, probation, or parole

When Can You Apply to Have Your Delaware State Criminal Record Expunged?

  • Immediately following acquittal, nolle prosequi, or dismissal of all charges
  • Three or seven years after conviction or release for misdemeanors, depending on record and offense type
  • Seven years after felony conviction or release, with no prior or subsequent disqualifying convictions
  • Five years after conviction of certain violations and misdemeanors not eligible for mandatory expungement

Basis for Expungement in Delaware

Eligibility is based on type and outcome of offense, time elapsed, and individual criminal history. Applications must meet statutory criteria and are subject to review by the State Bureau of Identification or the court, depending on the type of expungement sought.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Florida

Which Florida State Criminal Records Can Be Expunged?

Florida allows expungement and sealing of criminal history records under specific conditions, primarily when a certificate of eligibility has been obtained from the Florida Department of Law Enforcement (FDLE). Expungement may be granted following dismissal, acquittal, or certain adjudications not resulting in conviction.

  • Expungement available for individuals with a certificate of eligibility and no prior expungement
  • Automatic sealing of certain criminal history records is authorized under statute
  • Expungement may be granted following acquittal, dismissal, or a withhold of adjudication
  • Lawful self-defense expunctions are permitted in qualifying cases

Which Florida State Criminal Records Cannot Be Expunged?

  • Convictions for terrorism, murder, manslaughter, sexual misconduct, arson, domestic violence, stalking, and other violent or serious offenses as listed in statute
  • Criminal records where the applicant has previously received an expungement or sealing
  • Cases resulting in an adjudication of guilt

When Can You Apply to Have Your Florida State Criminal Record Expunged?

  • After obtaining a certificate of eligibility from FDLE
  • Following a dismissal, acquittal, or other qualifying resolution
  • After demonstrating that the case is eligible and not disqualified by statutory restrictions

Basis for Expungement in Florida

Expungement may be granted upon proper petition when the applicant meets statutory requirements, including no prior expungement or sealing and no disqualifying convictions. The court must find that the applicant qualifies under law and has provided necessary documentation, including a certificate of eligibility.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Georgia

Which Georgia State Criminal Records Can Be Expunged?

Georgia allows individuals who have been exonerated of guilt and discharged from their sentence to petition for the sealing of records. Relief is generally available for first offenders and others where the court determines that privacy outweighs the public interest.

  • Individuals exonerated of guilt and discharged may petition to seal their records
  • First offender exoneration may make a person eligible for relief
  • Records may be restricted under GA ST § 42-8-62.1

Which Georgia State Criminal Records Cannot Be Expunged?

  • There are no specific offenses listed as categorically ineligible in the summary, but courts must weigh public interest in maintaining access to the record

When Can You Apply to Have Your Georgia State Criminal Record Expunged?

  • After exoneration of guilt and discharge from sentence
  • When eligible as a first offender under GA ST § 42-8-60

Basis for Expungement in Georgia

The court considers whether the public interest in maintaining access to the criminal record is outweighed by the individual’s right to privacy. Relief is typically sought through petition following discharge and exoneration, and is available to first-time offenders.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Hawaii

Which Hawaii State Criminal Records Can Be Expunged?

Hawaii allows expungement of records in cases without conviction and under specific statutes for drug and property offenders. Individuals who receive a conditional discharge and were under 20 years old at the time of the offense may also apply for expungement.

  • Records may be expunged in any case without a conviction
  • Conditional discharge cases may qualify if the defendant was under 20 at the time of the offense
  • Expungement allowed after certain drug offenses and for first-time property offenders
  • Three-year waiting period applies in some prostitution cases

Which Hawaii State Criminal Records Cannot Be Expunged?

  • Cases where no conviction occurred due to bail forfeiture for felonies or misdemeanors
  • Petty misdemeanors or violations where five years have not passed since arrest or citation with no conviction due to bail forfeiture
  • Cases where prosecution was rendered impossible due to the person leaving the jurisdiction
  • Cases of acquittal where the person has outstanding bench warrants

When Can You Apply to Have Your Hawaii State Criminal Record Expunged?

  • After the case has been acquitted, dismissed, or resulted in no conviction
  • After conditional discharge and dismissal of the proceeding, if under 20 at the time of offense
  • Three years after discharge in certain prostitution cases

Basis for Expungement in Hawaii

Eligibility for expungement depends on the disposition of the case and the age and circumstances of the defendant. The court may issue an expungement order if the statutory conditions are met, and no statutory disqualifiers apply.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Idaho

Which Idaho State Criminal Records Can Be Expunged?

Idaho permits expungement of fingerprint and criminal history records where no charge or conviction occurred. Individuals may request expungement if not charged within one year of arrest or summons, acquitted, or if charges were dismissed.

  • Expungement of records available where no charge or conviction occurred
  • Applies to individuals not charged by indictment or information within one year of arrest or summons
  • Also applies to those acquitted of all offenses or whose charges have been dismissed

Which Idaho State Criminal Records Cannot Be Expunged?

  • Records for individuals who were charged within one year of arrest or summons
  • Cases where a conviction resulted

When Can You Apply to Have Your Idaho State Criminal Record Expunged?

  • One year after the arrest or summons if no charges were filed
  • Immediately upon acquittal or dismissal of charges

Basis for Expungement in Idaho

Expungement of arrest-related records in Idaho is limited to cases with no resulting charges or convictions. Eligible individuals must submit a written request to the state department. Sealing of the official court file may also be requested in these cases. In addition, the court may order expungement from the central registry for sex offenders in certain circumstances.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Illinois

Which Illinois State Criminal Records Can Be Expunged?

Illinois allows individuals to petition for expungement of arrest and charge records when all charges result in acquittal, dismissal, release without charging, or when a conviction has been vacated or reversed. Expungement is also available after successful completion of supervision or probation in certain cases.

  • Records from arrests or charges not initiated by arrest may be expunged when resulting in acquittal or dismissal
  • Expungement available when an order of supervision or probation has been completed
  • Automatic expungement may apply in certain cases
  • Expungement may occur if a conviction has been vacated or reversed

Which Illinois State Criminal Records Cannot Be Expunged?

  • Supervision for a violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance
  • The statute does not identify a complete list of ineligible charges, but limits expungement based on offense type

When Can You Apply to Have Your Illinois State Criminal Record Expunged?

  • Immediately when an arrest or charge not initiated by arrest results in acquittal, dismissal, or release
  • Five years after completion of supervision or probation for most cases
  • Two years may apply in some cases involving supervision

Basis for Expungement in Illinois

The petitioner must file a verified petition with the clerk of the circuit court. The Chief Judge or designated judge may grant the petition. In counties with fewer than 3 million residents, the presiding trial judge may order expungement upon good cause shown. The statute also permits immediate sealing in qualifying cases.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Indiana

Which Indiana State Criminal Records Can Be Expunged?

Indiana allows expungement of various criminal records depending on the type of offense and the outcome of the case. This includes arrests not resulting in conviction, misdemeanors, and certain felony convictions if specific conditions are met.

  • Arrest records not resulting in conviction or where the conviction was vacated may be expunged
  • Misdemeanor conviction records may be expunged under IN ST § 35-38-9-2
  • Class D felony conviction records may be expunged under IN ST § 35-38-9-3
  • Felony convictions may be expunged under IN ST § 35-38-9-4 if conditions are met

Which Indiana State Criminal Records Cannot Be Expunged?

  • Records related to elected officials convicted of a felony while in office (IN ST § 35-38-9-5)
  • Felony convictions resulting in serious bodily injury (also under IN ST § 35-38-9-5)
  • Offenses that do not meet the statutory eligibility requirements

When Can You Apply to Have Your Indiana State Criminal Record Expunged?

  • One year after arrest or charge date (if no conviction or if conviction was vacated)
  • Following discharge from probation, imprisonment, or parole
  • After the required statutory waiting periods based on offense type

Basis for Expungement in Indiana

The petitioner must meet the statutory criteria for the type of offense and file a petition with the appropriate court. Courts review petitions and determine eligibility based on offense classification, time elapsed, and whether statutory requirements are met. The process includes petitioning to seal or expunge records held by courts, the Department of Correction, the Bureau of Motor Vehicles, and service providers.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Iowa

Which Iowa State Criminal Records Can Be Expunged?

Iowa provides expungement for several categories of offenses, including certain misdemeanors, deferred judgments, and cases resulting in dismissal or acquittal. Relief is also available for specific public intoxication and prostitution offenses, and where deferred judgment has been completed.

  • Records for charges dismissed or where a not-guilty verdict was entered may be expunged
  • Expungement is available for misdemeanors after 8 years with no new charges and no outstanding court obligations
  • Public intoxication records can be expunged 2 years after conviction with no subsequent criminal convictions
  • Deferred judgments may be expunged following successful probation completion and fulfillment of all obligations
  • Certain underage alcohol possession and prostitution offenses are eligible for expungement

Which Iowa State Criminal Records Cannot Be Expunged?

  • Forcible felonies and offenses under chapter 709 committed by mandatory reporters where the victim is under 18
  • Offenses involving methamphetamine under section 124.401(1)(a) or (b)
  • Violations of section 321J involving prior convictions or license revocations
  • Cases where the individual has received two or more deferred judgments or a deferred judgment in a felony prosecution within the preceding five years
  • Corporations and certain specific offenses listed in statute

When Can You Apply to Have Your Iowa State Criminal Record Expunged?

  • 180 days after acquittal or dismissal if all costs and fees have been paid
  • After completing probation and satisfying all restitution and financial obligations
  • Two years after conviction for public intoxication or alcohol possession with no new offenses
  • Eight years after a misdemeanor conviction with no new charges, fewer than two deferred judgments, and no outstanding obligations

Basis for Expungement in Iowa

Expungement in Iowa is granted by the court when statutory conditions are met, including offense eligibility, completion of probation or supervision, and satisfaction of all financial obligations. The court may waive waiting periods for good cause in certain circumstances.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Kansas

Which Kansas State Criminal Records Can Be Expunged?

Kansas allows expungement of arrest records, certain convictions, and diversion agreements under statutory conditions. This includes misdemeanors, traffic infractions, and some felony offenses.

  • Traffic infractions, cigarette or tobacco infractions, misdemeanors, and Class D or E felonies for crimes committed on or after July 1, 1993
  • Convictions and diversions in municipal court after three years from satisfaction of sentence or discharge from probation/parole
  • Other nonviolent offenses not listed as excluded under state law

Which Kansas State Criminal Records Cannot Be Expunged?

  • Rape, indecent liberties with a child, criminal sodomy, indecent solicitation of a child, sexual exploitation of a child
  • Capital murder, murder in the first or second degree, voluntary or involuntary manslaughter
  • Sexual battery involving victims under 18, aggravated sexual battery
  • Violations of K.S.A. 8-2,144 and any related diversions
  • Convictions prior to July 1, 2011 comparable to any listed disqualifying offenses
  • Any offense requiring registration under the Kansas offender registration act while registration is required

When Can You Apply to Have Your Kansas State Criminal Record Expunged?

  • Three years after satisfaction of sentence, probation, or parole for eligible municipal court offenses
  • After applicable waiting periods following completion of diversion agreement or discharge

Basis for Expungement in Kansas

A petition must be submitted to the appropriate court, and the court may grant relief if statutory requirements are satisfied. Courts may consider the nature of the offense, time elapsed, and any ongoing registration obligations. Certain waiting periods and offense-type exclusions apply.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Kentucky

Which Kentucky State Criminal Records Can Be Expunged?

Kentucky allows for expungement of misdemeanor and certain felony records under statutory conditions. This includes automatic expungement for acquittals or dismissals with prejudice, and petition-based expungement for other qualifying charges or convictions.

  • Automatic expungement for acquittals or dismissals with prejudice within 30 days of court order
  • Expungement available for misdemeanor, violation, or traffic violation cases arising from a single incident
  • Certain Class D felony convictions may be vacated and expunged
  • Expungement available for individuals acquitted or whose charges were dismissed and not in exchange for a guilty plea
  • Expungement for victims of human trafficking for certain offenses

Which Kentucky State Criminal Records Cannot Be Expunged?

  • Offenses classified as sex offenses or committed against a child
  • Cases where the person has been convicted of a felony or misdemeanor within 5 years prior to filing
  • Cases where there is a pending felony or misdemeanor charge
  • Offenses subject to enhancement

When Can You Apply to Have Your Kentucky State Criminal Record Expunged?

  • 60 days following an order of acquittal or dismissal with prejudice
  • One year after dismissal without prejudice for misdemeanors and violations
  • Three years following the dismissal without prejudice for felonies
  • Five years after completion of sentence or probation for misdemeanor and violation convictions
  • Petitions for Class D felonies may be filed if the individual has not previously had a felony conviction vacated and expunged

Basis for Expungement in Kentucky

A petition must be filed with the court where the charges or conviction occurred. The court may grant the expungement upon determining that statutory criteria are met. For Class D felonies, the conviction must be vacated before expungement. Certification of eligibility from the Kentucky State Police and the Administrative Office of the Courts is required for conviction-related expungements.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Louisiana

Which Louisiana State Criminal Records Can Be Expunged?

Louisiana permits expungement of arrest records and certain convictions, depending on case outcomes, time elapsed, and eligibility under state law.

  • Records may be expunged if arrest did not lead to prosecution or resulted in dismissal, acquittal, or nolle prosequi (Art. 976)
  • Misdemeanor convictions may be expunged if more than five years have passed, no felony conviction has occurred in the past five years, and no charges are pending (Art. 977)
  • Felony convictions may be expunged if more than ten years have passed since completion of sentence, and the individual has no other convictions or pending charges, and has received a first offender pardon (Art. 978)
  • Expungement for wrongful arrests or convictions is available (Art. 976)

Which Louisiana State Criminal Records Cannot Be Expunged?

  • Convictions for crimes of violence or sex offenses are not eligible for expungement under Art. 978
  • Misdemeanors involving sex crimes, domestic abuse, or stalking are not expungeable (Art. 977)
  • Individuals currently incarcerated are not eligible to file for expungement (Art. 975)

When Can You Apply to Have Your Louisiana State Criminal Record Expunged?

  • Immediately after acquittal, dismissal, or nolle prosequi (Art. 976)
  • Five years after completion of sentence for misdemeanors, provided eligibility criteria are met (Art. 977)
  • Ten years after completion of sentence for felonies, with a first offender pardon and no new convictions (Art. 978)

Basis for Expungement in Louisiana

Individuals must file a motion to expunge with the appropriate court and meet all statutory conditions, including waiting periods and offense type eligibility. Certain records may be subject to automated expungement processes for qualifying offenses (Art. 985.2).

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Maine

Which Maine State Criminal Records Can Be Expunged?

Maine allows sealing (not full expungement) of criminal history record information in certain limited cases, particularly for eligible Class E crimes under Title 17-A, Chapter 11. Eligibility is age-restricted and dependent on completion of sentencing and absence of new charges.

  • Eligible Class E crimes under Title 17-A, Chapter 11 may be sealed
  • At least four years must have passed since full satisfaction of sentencing alternatives
  • The individual must have been between 18 and 28 years old at the time of the offense
  • No other convictions in Maine or other states and no current criminal charges pending
  • The charge must not have been dismissed as a result of deferred disposition

Which Maine State Criminal Records Cannot Be Expunged?

  • Any record not meeting the age, timing, or charge criteria outlined in statute
  • Cases involving additional convictions or current pending charges in any jurisdiction
  • Charges dismissed as a result of deferred disposition

When Can You Apply to Have Your Maine State Criminal Record Expunged?

  • After four years have passed since full satisfaction of all sentencing alternatives
  • If no new convictions or pending charges exist at the time of petition

Basis for Expungement in Maine

An eligible individual may file a motion to seal records under Title 15, Section 2263. The motion must demonstrate that the preponderance of the evidence prerequisites of Section 2262 have been met. If a new conviction occurs, the records may be unsealed. Nonconviction data is also protected from unlawful dissemination under Title 16, Section 707.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Maryland

Which Maryland State Criminal Records Can Be Expunged?

Maryland allows expungement of records in a wide variety of situations including dismissals, acquittals, nolle prosequi, and probation before judgment. Some misdemeanor convictions and marijuana possession offenses are also eligible.

  • Records resulting in acquittal, dismissal, probation before judgment, nolle prosequi, or stet are eligible
  • Possession of less than 10 grams of marijuana may be expunged after 3 years
  • Convictions for certain misdemeanors may be expunged under specific conditions
  • DNA records associated with expunged charges are also subject to expungement

Which Maryland State Criminal Records Cannot Be Expunged?

  • Records involving crimes of violence
  • Offenses under Transportation § 21-902 and Criminal Law Title 2, Subtitle 5 or § 3-211
  • Records subject to pending charges or unresolved dispositions unless a waiver is filed

When Can You Apply to Have Your Maryland State Criminal Record Expunged?

  • Three years after acquittal, nolle prosequi, or dismissal (waivable with general release of tort claims)
  • Immediately upon final disposition of certain marijuana-related charges
  • Following satisfaction of sentencing for misdemeanor convictions, subject to statutory conditions

Basis for Expungement in Maryland

Expungement is generally petition-based, except for automatic expungement in certain marijuana cases. Petitioners must meet statutory requirements, which vary by disposition and offense type. Courts may order expungement of related police, court, and state records if no valid objection is presented by the State.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Massachusetts

Which Massachusetts State Criminal Records Can Be Expunged?

Massachusetts provides for expungement in specific circumstances, including erroneous felony convictions, offenses no longer considered crimes, and clear cases of identity theft or law enforcement error. Petitioners must meet detailed statutory criteria.

  • Records tied to erroneous felony convictions following a judgment in favor of the claimant (MA ST 258D § 7)
  • Offenses no longer considered crimes
  • Cases involving fraud on the court, demonstrable law enforcement or witness error, or mistaken identity
  • Offenses where court finds expungement serves the best interests of justice

Which Massachusetts State Criminal Records Cannot Be Expunged?

  • Offenses committed with intent to cause death or serious bodily injury
  • Offenses involving use of a deadly weapon
  • Offenses committed against the elderly or disabled
  • Sex offenses, firearms offenses, and violations of domestic relations orders
  • Driving under the influence offenses

When Can You Apply to Have Your Massachusetts State Criminal Record Expunged?

  • After entry of judgment in favor of a claimant for an erroneous felony conviction (MA ST 258D § 7)
  • When one or more qualifying circumstances under MA ST 276 § 100K are met

Basis for Expungement in Massachusetts

Expungement may be granted based on a petition showing clear and convincing evidence that the case meets at least one of the qualifying statutory criteria, including legal error, mistaken identity, or that the offense is no longer a crime. Petitioners must also satisfy exclusionary criteria under MA ST 276 § 100J.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Michigan

Which Michigan State Criminal Records Can Be Expunged?

Michigan permits individuals to set aside certain convictions, including both felonies and misdemeanors, under defined eligibility conditions. This includes first-time felony convictions, multiple misdemeanors, and certain marijuana-related offenses.

  • One felony and up to two misdemeanor convictions may be petitioned for set-aside
  • Two misdemeanor convictions and no other offenses may be petitioned to set aside one or both misdemeanors
  • Marijuana offenses may be set aside under MI ST 780.621e
  • Automatic set-aside of certain convictions under MI ST 780.621g

Which Michigan State Criminal Records Cannot Be Expunged?

  • Crimes for which the penalty is life imprisonment
  • Most criminal sexual offenses
  • Traffic offenses including DUI/OWI offenses
  • Felony domestic violence if the individual has a prior misdemeanor domestic violence conviction
  • Violations of sections such as 750.520e and others explicitly excluded by MI ST 780.621c

When Can You Apply to Have Your Michigan State Criminal Record Expunged?

  • Five years after completion of sentence for most convictions
  • Following any applicable waiting period or conditions under the relevant statutes
  • Subject to conditions for automatic set-asides under MI ST 780.621g

Basis for Expungement in Michigan

Individuals must file an application or petition under Michigan’s set-aside laws and meet eligibility requirements concerning offense type, criminal history, and timing. The court determines whether the applicant meets the statutory criteria. Automatic expungement applies under MI ST 780.621g with certain limits.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Minnesota

Which Minnesota State Criminal Records Can Be Expunged?

Minnesota permits expungement of criminal records under specific statutory conditions, including upon favorable resolution of charges or following successful completion of certain programs. Automatic expungement may also apply to specific cannabis offenses and cases of mistaken identity.

  • Records from cases resolved in favor of the petitioner, including acquittals and dismissals
  • Records from diversion programs or stays if no new crime is charged for one year (petty misdemeanor), four years (gross misdemeanor), or five years (certain felonies)
  • Felony cannabis offenses under § 609A.06 may be expunged or resentenced
  • Automatic expungement applies in cases of mistaken identity or qualifying cannabis offenses

Which Minnesota State Criminal Records Cannot Be Expunged?

  • Records of convictions requiring registration under section 243.166 (predatory offender registration)
  • Cases not meeting the timing or eligibility standards set out in the statutes

When Can You Apply to Have Your Minnesota State Criminal Record Expunged?

  • After resolution in favor of the petitioner (e.g., dismissal or acquittal)
  • One year after completion of diversion or stay in petty misdemeanor cases
  • Four years for gross misdemeanors and five years for certain felonies following program completion or stay
  • Following the dismissal and discharge under section 152.18 for specified drug possession offenses

Basis for Expungement in Minnesota

Expungement is available as an extraordinary remedy requiring a showing of benefit to the petitioner that outweighs any disadvantages to the public and safety. In cases under § 609A.02, subdivision 3(a)(1) or (2), the court shall grant the petition unless the opposing agency shows by clear and convincing evidence that public safety concerns prevail. Courts consider 12 statutory factors in making this determination.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Mississippi

Which Mississippi State Criminal Records Can Be Expunged?

Mississippi law allows expungement of certain misdemeanors and a limited number of felonies, provided that specific eligibility criteria and waiting periods are met. Expungement may also be available following successful completion of intervention or diversion programs.

  • First-time misdemeanor convictions (excluding traffic violations)
  • Felony convictions listed in MS ST § 99-19-71 after five years from completion of sentence
  • Charges and prosecutions dismissed upon successful completion of court intervention or diversion programs
  • Records of arrest and prosecution under previous expungement laws

Which Mississippi State Criminal Records Cannot Be Expunged?

  • Sex offenses (exempted from destruction, expungement, or sealing)
  • Convictions for crimes of violence, arson, drug trafficking, third or subsequent DUI, felon in possession of a firearm, failure to register as a sex offender, voyeurism, witness intimidation, or abuse of a vulnerable person
  • Convictions related to official duties of public officials
  • Violations of Mississippi’s implied consent laws (e.g., DUI under MS ST § 63-11-30)

When Can You Apply to Have Your Mississippi State Criminal Record Expunged?

  • Immediately upon successful completion of intervention or diversion programs as provided by statute
  • Five years after completion of all terms and conditions of a felony sentence (limited to one expunction)
  • As allowed under prior expungement laws for eligible convictions

Basis for Expungement in Mississippi

Eligible individuals must petition the appropriate court for expungement and demonstrate that statutory conditions are met, including completion of sentencing, time elapsed, and payment of all fines and fees. Intervention court participants may be eligible upon successful program completion and compliance with court-imposed requirements.

Relevant Statutes

  • MS ST § 9-23-23: Intervention court program expungement
  • MS ST § 9-27-19: Dismissal and expungement upon diversion program completion
  • MS ST § 45-33-55: Exemptions from expunction (e.g., sex offenses)
  • MS ST § 99-19-71: Expungement of conviction—eligibility and exclusions
  • MS ST § 99-15-26: Release and expungement after completion of court-imposed conditions
  • MS ST § 99-15-57: Expungement under prior law
  • MS ST § 63-11-30: DUI offenses—expungement limitations

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Missouri

Which Missouri State Criminal Records Can Be Expunged?

Missouri allows expungement of certain arrest and conviction records when specific conditions are met, including lack of charges, favorable disposition, or successful completion of sentencing and statutory waiting periods.

  • Arrest records may be expunged if arrest was based on false information, no charges were filed, no probable cause exists, no suspended sentence was imposed, and the individual is not a commercial driver and was not operating a commercial vehicle at the time of arrest
  • Official records may be closed if the case was dismissed, nolle prossed, or resulted in acquittal or suspended sentence, with exceptions for child-related offenses
  • Criminal records may be expunged after 3 years for felonies or 1 year for misdemeanors, provided there are no subsequent convictions, all obligations have been satisfied, no charges are pending, and expungement serves the interests of justice
  • Expungement is permitted for mistaken identity and for certain nonviolent offenses as enumerated in statute

Which Missouri State Criminal Records Cannot Be Expunged?

  • Class A felonies, dangerous felonies, and offenses requiring registration as a sex offender
  • Offenses where death is an element, felony assault, domestic assault, felony kidnapping
  • Offenses listed or previously listed in chapter 566, and offenses under MO ST 577.054 or 610.130
  • Intoxication-related traffic, aircraft, or boating offenses
  • Offenses by commercial drivers or involving operation of commercial vehicles
  • Offenses under MO ST 571.030 committed before January 1, 2017

When Can You Apply to Have Your Missouri State Criminal Record Expunged?

  • Immediately following favorable resolution such as dismissal or acquittal under MO ST 610.105
  • After 3 years for felonies or 1 year for misdemeanors under MO ST 610.140
  • Upon meeting all statutory conditions including lack of new convictions, full satisfaction of fines, and no pending charges

Basis for Expungement in Missouri

Expungement is granted upon a verified petition filed in the circuit court in the county of arrest. The petitioner must demonstrate that the offense is eligible, the statutory waiting period has passed, and that expungement serves public welfare and justice. Additional procedures exist for arrests based on false information and mistaken identity.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Montana

Which Montana State Criminal Records Can Be Expunged?

Montana permits expungement of certain misdemeanor offenses, arrests, and convictions under specific statutory criteria, including presumptive expungement after meeting rehabilitative and timing requirements. Records may also be expunged in cases involving decriminalized conduct or upon reversal of a conviction.

  • Misdemeanor convictions may be expunged if the individual has not had records expunged under §§ 46-18-1102 through 46-18-1111 and satisfies other statutory criteria
  • Records are expunged automatically upon reversal of a conviction (MT ST § 46-23-510)
  • Expungement may be granted for offenses that have been decriminalized (MT ST § 16-12-113)
  • Dismissals following deferred imposition of sentence allow for sealing of records, except upon court order (MT ST § 46-18-204)

Which Montana State Criminal Records Cannot Be Expunged?

  • Charges involving assault, domestic violence, stalking, violation of protective orders, or DUI (MT ST § 46-18-1101)
  • Expungement is not presumed for individuals with subsequent convictions within five years or who are currently detained or facing pending charges

When Can You Apply to Have Your Montana State Criminal Record Expunged?

  • Five years must have passed since completion of sentence with no subsequent convictions or pending charges
  • Expungement may be presumed if the individual meets statutory rehabilitation criteria including military service or demonstrated rehabilitation
  • Expungement may also be available immediately upon reversal of conviction or in cases involving decriminalized offenses

Basis for Expungement in Montana

Individuals must file a petition in district court. Courts consider multiple factors including age at time of offense, time elapsed, rehabilitation, likelihood of reoffending, and any other relevant information. Expungement is presumed if the individual meets all statutory conditions under MT ST § 46-18-1107. Expungement is also available retroactively for decriminalized acts under MT ST § 16-12-113.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Nebraska

Which Nebraska State Criminal Records Can Be Expunged?

Nebraska permits expungement of arrest records in limited circumstances, including arrests resulting from law enforcement error and certain dismissals or non-prosecution scenarios. Records may also be removed from the public record following specific timelines if no charges are filed or the case is dismissed.

  • Arrests due to error by law enforcement may be expunged upon petition and court order
  • Automatic removal from public record applies if no charges are filed within one year of arrest
  • Arrests with charges not filed due to completed diversion may be removed after two years
  • Arrests with charges filed but later dismissed may be removed from public record after three years

Which Nebraska State Criminal Records Cannot Be Expunged?

  • Convictions are not eligible for expungement under current Nebraska law
  • Arrests that do not meet the statutory timelines or criteria for expungement remain on public record

When Can You Apply to Have Your Nebraska State Criminal Record Expunged?

  • Immediately upon discovery that the arrest was due to law enforcement error
  • One year after arrest if no charges were filed
  • Two years after arrest if diversion was completed and charges not filed
  • Three years after arrest if charges were filed and later dismissed

Basis for Expungement in Nebraska

Expungement in Nebraska is granted by petitioning the district court and showing by clear and convincing evidence that the arrest was due to law enforcement error. For other cases, arrest records are automatically removed from the public record after the applicable waiting periods as outlined in NE ST § 29-3523.

Relevant Statutes

  • NE ST § 29-3523: Criminal history record information; notation of an arrest; dissemination; limitations; removal; expungement

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Nevada

Which Nevada State Criminal Records Can Be Expunged?

Nevada does not provide for true expungement but allows for the sealing of criminal records, including convictions, arrests, and other legal outcomes, if eligibility conditions and statutory waiting periods are met.

  • Sealing is available for a wide range of convictions, including felonies, misdemeanors, gross misdemeanors, and certain violations under Nevada statutes (e.g., NRS 422.540 to 422.570, NRS 484C.110)
  • Sealing may be available following completion of reentry programs or conditional dismissals
  • Sealing is available for non-felony domestic violence, battery, harassment, and stalking offenses after defined time periods
  • Sealing may be granted following case dismissal, discharge, or successful completion of probation or suspended sentence

Which Nevada State Criminal Records Cannot Be Expunged?

  • Crimes against children and sexual offenses
  • Home invasion with a deadly weapon
  • Felony DUI or felony violations of NRS 484C.110 or 484C.120
  • Violations of NRS 484C.400(1), 484C.430, or felony violations of NRS 488.410, 488.420, or 488.425

When Can You Apply to Have Your Nevada State Criminal Record Expunged?

  • 10 years after release from custody or probation for category A felonies, crimes of violence, or residential burglary
  • 5 years after release for category B, C, or D felonies
  • 2 years after release for category E felonies, gross misdemeanors, and certain misdemeanor offenses
  • 7 years after release for certain misdemeanors such as battery constituting domestic violence
  • Records may be sealed earlier following participation in reentry programs or upon dismissal or discharge

Basis for Expungement in Nevada

Individuals must petition the court for an order sealing their criminal records. The court considers the offense, statutory exclusions, the time elapsed, and whether the individual has remained free of further convictions. In certain cases, records are sealed automatically unless the division objects. Sealed records are generally inaccessible except in specific legal or regulatory contexts.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in New Hampshire

Which New Hampshire State Criminal Records Can Be Expunged?

New Hampshire permits annulment of criminal records under various conditions depending on the nature of the disposition, timing, and type of offense. Favorable dispositions and completion of sentence terms followed by crime-free periods may qualify for annulment.

  • Records of arrest, conviction, and sentence may be annulled if the court finds annulment supports rehabilitation and public welfare
  • Arrests resulting in not guilty, dismissal, or non-prosecution before January 1, 2019 may be annulled at any time
  • Arrests resulting in not guilty or dismissal after January 1, 2019 are subject to automatic annulment after 30 days if no appeal is filed
  • Convictions may be annulled after a waiting period based on offense severity and successful completion of sentence terms

Which New Hampshire State Criminal Records Cannot Be Expunged?

  • Motor vehicle offenses classified as violations other than DWI under RSA 265-A:2, I, during the required waiting period
  • Drug offenses under RSA 318-B:26 until 7 years after conviction
  • Repeat domestic violence offenses are not eligible until the most recent conviction is annulled
  • Certain sexual and felony offenses have longer waiting periods or may be excluded

When Can You Apply to Have Your New Hampshire State Criminal Record Expunged?

  • Immediately for arrests resulting in not guilty or dismissal before 2019
  • Automatically after 30 days post-dismissal for arrests after January 1, 2019
  • After the following time periods, assuming no new crimes:
    • 1 year for violations before January 1, 2019
    • 2 years for class B misdemeanors and petty offenses
    • 3 years for class A misdemeanors
    • 5 years for class B felonies
    • 10 years for class A felonies, sexual assault, felony indecent exposure, or misdemeanor domestic violence

Basis for Expungement in New Hampshire

Annulment is granted by the sentencing court based on a petition. The court may grant or deny without a hearing unless requested. Annulment is considered if it promotes rehabilitation and aligns with public welfare. Statutory conditions must be met for each type of record and offense, and certain limitations apply to repeated petitions.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in New Jersey

Which New Jersey State Criminal Records Can Be Expunged?

New Jersey allows for expungement of a wide range of criminal records, including indictable offenses, disorderly persons offenses, petty disorderly persons offenses, and ordinance violations, subject to statutory conditions and exclusions.

  • Convictions for one indictable offense, provided there are no subsequent convictions for another crime
  • Multiple convictions may be expunged if they are interdependent or part of a sequence of events
  • Up to three disorderly or petty disorderly persons offenses, if no other crimes are on record
  • Arrests not resulting in conviction are expunged at time of dismissal, acquittal, or discharge
  • Young drug offenders and individuals with certain marijuana or hashish offenses may be eligible
  • Clean slate expungement is available by petition 10 years after the most recent conviction or release

Which New Jersey State Criminal Records Cannot Be Expunged?

  • Convictions for criminal homicide, strict liability vehicular homicide, kidnapping, human trafficking
  • Sexual offenses including aggravated sexual assault, criminal sexual conduct
  • Crimes involving public office or employment where the offense touched that role
  • Sale or distribution of controlled substances or possession with intent to sell, with limited exceptions
  • Offenses involving terrorism, perjury, false swearing, or weapons of mass destruction

When Can You Apply to Have Your New Jersey State Criminal Record Expunged?

  • Five years from the most recent conviction, payment of court assessments, completion of supervision, or release from incarceration—whichever is latest
  • Six months after dismissal from a supervisory treatment, conditional discharge, or dismissal
  • Immediately upon dismissal, acquittal, or discharge for non-conviction arrests
  • Ten years after the most recent offense or sentence for clean slate expungement by petition

Basis for Expungement in New Jersey

Expungement in New Jersey requires a petition to the Superior Court. Relief may be denied if statutory prerequisites are not met, compelling circumstances are not shown, or if records are needed for public interest. The court has discretion to grant relief even when less than the required time has passed if compelling circumstances exist.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in New Mexico

Which New Mexico State Criminal Records Can Be Expunged?

New Mexico allows for expungement of criminal records under a variety of circumstances, including release without conviction, conviction of minor offenses, identity theft, and decriminalized conduct. Petitioners must meet time-based and offense-specific eligibility criteria.

  • Records may be expunged if the person was released without conviction for an ordinance violation, misdemeanor, or felony
  • Records may be expunged upon conviction following completion of sentence, restitution, and required waiting period
  • Records may be expunged in cases involving identity theft (NM ST § 29-3A-3)
  • Records related to decriminalized conduct such as certain cannabis offenses may be expunged (NM ST § 29-3A-8)

Which New Mexico State Criminal Records Cannot Be Expunged?

  • Offenses committed against a child
  • Offenses that caused great bodily harm or death to another person
  • Sex offenses as defined by NM ST § 29-11A-3
  • Embezzlement pursuant to NM ST § 30-16-8
  • Driving while under the influence of intoxicating liquor or drugs

When Can You Apply to Have Your New Mexico State Criminal Record Expunged?

  • One year after final disposition if released without conviction
  • Two years for ordinance violations or misdemeanors (no other convictions in that period)
  • Four years if the offense was misdemeanor aggravated battery or a fourth-degree felony
  • Six years if the offense was a third-degree felony
  • Eight years if the offense was a second-degree felony
  • Ten years for first-degree felony convictions under the Crimes Against Household Members Act

Basis for Expungement in New Mexico

Expungement is granted upon petition to the court that handled the case. Petitioners must show that they have no other pending charges, have completed all sentence conditions including restitution, and meet the applicable waiting period. If the court finds that justice will be served by expungement, it must issue an order within 30 days of the hearing (NM ST § 29-3A-5).

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in New York

Which New York State Criminal Records Can Be Expunged?

New York law provides for the sealing—not expungement—of certain criminal convictions under specific eligibility requirements. A person may have up to two eligible offenses sealed, with a limit of one felony, if other statutory conditions are satisfied.

  • Up to two eligible offenses may be sealed, but not more than one felony conviction
  • Sealing may be granted only after at least ten years have passed since the imposition of sentence or completion of incarceration
  • Sealing applies to eligible offenses as defined by statute and is at the court’s discretion based on public interest
  • Records may also be sealed under NY CRIM PRO § 160.50 following termination of the criminal action in favor of the defendant

Which New York State Criminal Records Cannot Be Expunged?

  • Sex offenses
  • Felony offenses under section 125 of the penal law (e.g., homicide)
  • Violent felony offenses as defined in NY Penal Law § 70.02
  • Class A felony offenses
  • Any offense where sealing would be against public interest based on the court’s determination

When Can You Apply to Have Your New York State Criminal Record Expunged?

  • Ten years must have passed since the imposition of the sentence or release from incarceration, whichever is later
  • No new criminal convictions may have occurred within that ten-year period
  • Petition must be filed in the court where the most serious offense was adjudicated

Basis for Expungement in New York

Sealing under NY CRIM PRO § 160.59 is discretionary. The sentencing judge or a judge of the county or supreme court evaluates several factors, including time elapsed, circumstances of the offense, the petitioner’s character, and the impact on public safety and justice. Sealing is intended to help qualified individuals move forward without undue harm from past convictions.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in North Carolina

Which North Carolina State Criminal Records Can Be Expunged?

North Carolina permits expunction (expungement) of various criminal records under multiple statutes, depending on factors such as age, type of offense, and whether charges were dismissed or resulted in acquittal. Expunctions are available for nonviolent offenses and certain dismissed charges.

  • Nonviolent misdemeanor and felony convictions, subject to specific eligibility and waiting periods
  • Charges dismissed or resulting in findings of not guilty
  • Charges dismissed as a result of identity theft or mistaken identity
  • Convictions of prostitution under certain conditions
  • Convictions of human trafficking victims for offenses committed as a result of their trafficking experience
  • DNA records when charges are dismissed on appeal or pardon of innocence is granted

Which North Carolina State Criminal Records Cannot Be Expunged?

  • Class A through G felonies
  • Any offense not specifically eligible under expunction statutes
  • Cases with prior convictions that disqualify under applicable waiting periods or offense restrictions

When Can You Apply to Have Your North Carolina State Criminal Record Expunged?

  • Five years after the conviction, active sentence, probation, or post-release supervision for a single nonviolent misdemeanor
  • Seven years after the last conviction for more than one nonviolent misdemeanor
  • Ten years after the conviction, active sentence, probation, or post-release supervision for a single nonviolent felony
  • Immediately upon dismissal or not guilty verdict for eligible charges
  • At any time following a pardon of innocence

Basis for Expungement in North Carolina

Expunction is granted by petitioning the court in the county where the charge or conviction occurred. Petitioners must meet statutory conditions and are limited in the number and type of records that may be expunged. Courts consider factors such as the nature of the offense, elapsed time, and compliance with sentencing. Some expunctions are mandatory upon meeting criteria, while others are discretionary.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in North Dakota

Which North Dakota State Criminal Records Can Be Expunged?

North Dakota allows sealing of criminal records under certain conditions, including for first-time drug possession, nonviolent misdemeanors, and nonviolent felonies after specified waiting periods. The state also allows expungement in identity theft and human trafficking victim cases.

  • First offense for possession of one ounce or less of marijuana may be sealed upon motion if no subsequent convictions occur
  • Nonviolent misdemeanor convictions may be sealed after three years without a new conviction
  • Nonviolent felony convictions may be sealed after five years without a new conviction
  • Expungement of records may be available for victims of identity theft and human trafficking
  • Certain criminal records may be purged or sealed pursuant to attorney general rulemaking under ND ST § 12-60-16.3

Which North Dakota State Criminal Records Cannot Be Expunged?

  • Felony offenses involving violence or intimidation during the time the offender is eligible to possess firearms
  • Offenses requiring registration under ND ST § 12.1-32-15 (e.g., sex offenses)

When Can You Apply to Have Your North Dakota State Criminal Record Expunged?

  • Immediately for first-time marijuana possession upon motion if no subsequent offenses
  • Three years after misdemeanor conviction with no new offenses
  • Five years after felony conviction with no new offenses

Basis for Expungement in North Dakota

A petition to seal a criminal record may be granted upon showing good cause, completion of all sentencing terms including probation and restitution, and a demonstration of rehabilitation. The court weighs whether the benefit of sealing outweighs the presumption of record openness and considers various statutory factors including reformation, nature of the offense, and public safety.

Relevant Statutes

  • ND ST § 12-60-16.3: Rulemaking for purging or sealing records
  • ND ST § 12-60.1-02: Grounds for petition to seal criminal record
  • ND ST § 12-60.1-03: Petition to seal criminal record
  • ND ST § 12-60.1-04: Hearing and court considerations
  • ND ST § 12.1-41-14: Motion to vacate and expunge conviction (human trafficking)
  • ND ST § 19-03.1-23: Marijuana possession offenses
  • ND ST § 39-08-01.6: Criminal record sealing exception

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Ohio

Which Ohio State Criminal Records Can Be Expunged?

Ohio law allows for the sealing of certain criminal records and expungement in specific cases, such as those involving human trafficking victims or improper handling of firearms in motor vehicles. Eligibility depends on offense type, conviction history, and time since final discharge.

  • Eligible offenders may apply to seal records of conviction if they have no more than a limited number of offenses
  • Sealing is available for misdemeanor and felony convictions, with different waiting periods
  • Expungement is available for victims of human trafficking under OH ST § 2953.38 and § 2953.521
  • Expungement may also be granted for improper handling of firearms in a motor vehicle (OH ST § 2953.37)

Which Ohio State Criminal Records Cannot Be Expunged?

  • Records where the applicant has more than the allowed number of convictions
  • Records for offenses specifically excluded by statute
  • Cases with pending criminal proceedings at the time of the expungement request

When Can You Apply to Have Your Ohio State Criminal Record Expunged?

  • Three years after final discharge for third-degree felony convictions
  • One year after final discharge for fourth- or fifth-degree felony or misdemeanor convictions
  • Immediately for expungement following a finding of not guilty or dismissal, depending on eligibility

Basis for Expungement in Ohio

An eligible offender must file an application with the sentencing court (or a court of common pleas for out-of-state or federal convictions). The court will grant expungement if it determines the applicant meets the criteria, has no pending charges, and that expungement serves justice and does not conflict with legitimate government needs to retain the records. Rehabilitation must be demonstrated to the court’s satisfaction.

Relevant Statutes

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Oklahoma

Which Oklahoma State Criminal Records Can Be Expunged?

Oklahoma allows expungement of various records for individuals who fall within enumerated categories. These include acquittals, reversed convictions, pardons, deferred sentences, dismissed charges, certain misdemeanor and felony convictions, and identity theft situations.

  • Acquittals or reversed convictions with dismissals
  • Cases of factual innocence based on DNA evidence
  • Full gubernatorial pardons
  • Arrests with no charges filed and statute of limitations expired
  • Dismissed charges following completion of deferred judgment or delayed sentence
  • Misdemeanor convictions with fines under $501 and no jail or probation
  • Nonviolent felony convictions not listed in OK ST T. 57 § 571, with at least 5 or 10 years elapsed depending on number of felonies
  • Records of victims of identity theft or human trafficking

Which Oklahoma State Criminal Records Cannot Be Expunged?

  • Violent felony offenses listed in OK ST T. 57 § 571
  • Felony convictions requiring sex offender registration
  • Cases with pending felony or misdemeanor charges

When Can You Apply to Have Your Oklahoma State Criminal Record Expunged?

  • Immediately upon acquittal or reversal of conviction with dismissal
  • One year after dismissal of misdemeanor charges following deferred judgment
  • Five years after dismissal of nonviolent felony charges following deferred judgment
  • Five years after completion of sentence for a nonviolent felony (if criteria are met)
  • Ten years after sentence for individuals with up to two nonviolent felony convictions
  • Three years after completion of commuted sentence for reclassified misdemeanor

Basis for Expungement in Oklahoma

A person must fall within one of the specific eligibility categories under OK ST T. 22 § 18. The court determines whether the harm to the person’s privacy outweighs the public interest in retaining the record. The process typically requires a petition, hearing, and satisfaction of any statutory conditions such as passage of time, completion of sentence, and clean criminal history.

Relevant Statutes

  • OK ST T. 22 § 18: Expungement eligibility
  • OK ST T. 22 § 19: Sealing and unsealing of records
  • OK ST T. 22 § 19c: Expungement for victims of human trafficking
  • OK ST T. 22 § 991c: Deferred sentence expungement
  • OK ST T. 11 § 28-123: Municipal court sentence modification and expungement
  • OK ST T. 57 § 571: List of violent crimes (used to define ineligible felonies)

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Oregon

Which Oregon State Criminal Records Can Be Expunged?

Oregon law allows for setting aside certain convictions and arrest records depending on the type of offense and the amount of time that has passed. Eligible offenses include many felonies and misdemeanors, including some violations under older or reclassified laws.

  • Convictions for Class B and C felonies, misdemeanors, and violations (with applicable waiting periods)
  • Offenses committed before January 1, 1972, that would qualify under current law
  • Marijuana offenses qualifying under OR ST § 475C.397
  • Convictions pardoned by the Governor may be sealed
  • Arrest or citation records may be set aside 60 days after a prosecutor declines to file charges or any time after acquittal or qualifying dismissal

Which Oregon State Criminal Records Cannot Be Expunged?

  • Criminal mistreatment in the second degree (ORS 163.200) if the victim was 65 or older
  • Criminal mistreatment in the first degree (ORS 163.205) involving elderly or child abuse
  • Endangering the welfare of a minor (ORS 163.575(1)(a)) constituting child abuse
  • Criminally negligent homicide (ORS 163.145) if punishable as a Class C felony
  • Assault in the third degree (ORS 163.165(1)(h))

When Can You Apply to Have Your Oregon State Criminal Record Expunged?

  • Class B felony: 7 years after conviction if no other disqualifying offense
  • Class C felony: 5 years after conviction
  • Class A misdemeanor: 3 years after conviction
  • Class B/C misdemeanor or contempt of court: 1 year after conviction
  • 60 days after a prosecutor declines to proceed with charges
  • Immediately after acquittal or dismissal as specified by statute
  • Three years from probation revocation for certain offenses, or when otherwise eligible

Basis for Expungement in Oregon

Expungement in Oregon is initiated by a motion to set aside a conviction or arrest record under OR ST § 137.225. The court must grant the motion unless clear and convincing evidence shows that the person’s conduct poses a risk to public safety. The court considers behavior since the offense and other statutory factors in its determination.

Relevant Statutes

  • OR ST § 137.225: Order setting aside conviction or record of arrest
  • OR ST § 144.653: Sealing records after gubernatorial pardon
  • OR ST § 144.655: Confirmation of pardon and sealing of records
  • OR ST § 475C.397: Order setting aside qualifying marijuana conviction

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Pennsylvania

Which Pennsylvania State Criminal Records Can Be Expunged?

Pennsylvania permits expungement of criminal records in a variety of situations, including cases with no disposition, favorable outcomes, minor offenses, and for individuals who reach a specified age or have been deceased for a number of years.

  • Cases where no disposition is recorded in the repository within 18 months of arrest, and the court certifies that no action is pending
  • Records of individuals who reach 70 years of age and have been free of arrest or prosecution for ten years after release
  • Records of individuals who have been deceased for three years
  • Summary offenses may be expunged after five years if the person has remained free of arrest or prosecution
  • Expungement of juvenile records under certain conditions

Which Pennsylvania State Criminal Records Cannot Be Expunged?

  • Arrest records from Accelerated Rehabilitative Disposition (ARD) for sexual offenses listed in 18 Pa.C.S. §§ 3121–3127 and 5902(b), 5903 when the victim is under 18 years old
  • Cases where disposition data has not yet been received or confirmed unless 18 months have passed and court certification is available

When Can You Apply to Have Your Pennsylvania State Criminal Record Expunged?

  • Immediately for cases where no disposition is received within 18 months and certification is made
  • After 5 years for summary offenses with no further arrests or prosecutions
  • Upon reaching age 70 with a 10-year clean record post-supervision
  • Three years after the individual’s death
  • Upon successful completion of ARD or other diversion programs, unless excluded

Basis for Expungement in Pennsylvania

Expungement must be authorized by the court, and is subject to procedural rules including filing petitions, providing notice, and obtaining certification when required. Some cases are handled automatically, such as under the Clean Slate Law, while others require active petitioning based on eligibility under 18 Pa.C.S.A. § 9122 and related regulations.

Relevant Statutes

  • PA ST 18 Pa.C.S.A. § 9122: Expungement
  • PA ST 18 Pa.C.S.A. § 9122.2: Clean slate limited access
  • PA ST 35 Pa.C.S.A. § 780-119: Expunging criminal records
  • 234 PA ADC § 490: Expungement in summary cases
  • 234 PA ADC § 790: Expungement in court cases
  • PA ST RCRP Rule 490: Summary case expungement procedure
  • PA ST RCRP Rule 790: Court case expungement procedure

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Rhode Island

Which Rhode Island State Criminal Records Can Be Expunged?

Rhode Island permits expungement or sealing of criminal records for certain offenses, including nonviolent first offenses, charges dismissed or resulting in acquittal, deferred sentences, and offenses later decriminalized. Specific statutes govern eligibility, including exceptions based on offense type and victim characteristics.

  • First-time felony and misdemeanor convictions after 10 and 5 years respectively, following sentence completion
  • Cases dismissed, acquitted, or resulting in no finding
  • Records associated with deferred sentences after successful completion and no pending charges
  • Juvenile offenses that qualify under expungement statutes
  • Alcohol-related violations between ages 18–21 under § 3-8-6, § 3-8-9, or § 3-8-10
  • Offenses later decriminalized
  • Victims of human trafficking or mistaken identity

Which Rhode Island State Criminal Records Cannot Be Expunged?

  • Convictions for crimes of violence
  • Deferred sentence records for individuals convicted of a crime of violence
  • Certain traffic offenses, including § 31-27-2 (DUI) and § 31-27-2.1

When Can You Apply to Have Your Rhode Island State Criminal Record Expunged?

  • Five years after completion of sentence for misdemeanors (if a first offense)
  • Ten years after completion of sentence for felonies (if a first offense)
  • Immediately upon successful completion of deferred sentence and meeting statutory criteria
  • Three years after filing of a domestic violence charge resolved with a not guilty, guilty, or nolo plea
  • Immediately for acquittals, dismissals, or mistaken identity cases with no pending charges

Basis for Expungement in Rhode Island

Expungement is granted by court order upon petition. The court evaluates whether the petitioner has complied with sentence terms, exhibits good moral character, has no pending criminal matters, and whether expungement serves the public interest. Victim-based expungement or cases involving identity errors have specific legal standards under applicable statutes.

Relevant Statutes

  • RI ST § 12-1.3-2: Motion for expungement
  • RI ST § 12-1.3-3: Expungement criteria and process
  • RI ST § 12-1-12, § 12-1-12.1, § 12-1-12.2: Sealing records for exonerated individuals or mistaken identity
  • RI ST § 11-67.1-17: Vacating and expunging convictions for victims of human trafficking
  • RI ST § 3-8-12: Expungement of alcohol-related violations for young adults
  • RI ST § 12-1.3-5: Expungement of marijuana convictions
  • RI ST § 31-41.1-10: Driving-related offense expungement

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in South Carolina

Which South Carolina State Criminal Records Can Be Expunged?

South Carolina permits expungement of certain criminal records, including first offenses, minor violations, and charges resolved without conviction. Eligibility depends on the type of offense, date of conviction, and whether other convictions or pending charges exist.

  • First offense with a fine not exceeding $1,000 or imprisonment not exceeding 30 days
  • First-time drug possession or unlawful prescription drug possession (SC ST § 22-5-930)
  • Unlawful possession of a handgun before enactment of the 2024 Second Amendment Preservation Act (SC ST § 17-1-65)
  • Public disorderly conduct and similar misdemeanors with conditional discharge for first offenders (SC ST § 16-17-530)
  • Victims of human trafficking may apply for expungement of related convictions (SC ST § 16-3-2020)

Which South Carolina State Criminal Records Cannot Be Expunged?

  • Traffic offenses involving the operation of a motor vehicle
  • Violations of Title 50 or its regulations if points, suspensions, or enhancements apply
  • Certain domestic violence convictions beyond first offense under 16-25-20(D)
  • Conditional discharge of drug charges is not eligible for expungement
  • Cases with pending charges or where a prior expungement has already been granted

When Can You Apply to Have Your South Carolina State Criminal Record Expunged?

  • Three years after conviction for first offenses (excluding those with longer waiting periods)
  • Five years for a first domestic violence offense under 16-25-20(D)
  • Three years for first-time drug offenses
  • Twenty years after conviction for possession with intent to distribute
  • Within five years of the enactment of SC ST § 17-1-65 for handgun offenses prior to law change

Basis for Expungement in South Carolina

Expungement in South Carolina is governed by SC ST § 22-5-910 and related statutes. Individuals must have no additional convictions during the required waiting period, no pending charges, and meet all statutory criteria. Expungement is limited to one instance per person and must be ordered by the circuit court.

Relevant Statutes

  • SC ST § 22-5-910: General expungement of criminal records
  • SC ST § 22-5-930: First offense drug-related expungement
  • SC ST § 17-1-65: Expungement for unlawful possession of a handgun prior to 2024
  • SC ST § 16-17-530: Disorderly conduct and conditional discharge
  • SC ST § 16-3-2020: Human trafficking victim relief
  • SC ST § 17-22-910: Expungement application procedures

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in South Dakota

Which South Dakota State Criminal Records Can Be Expunged?

South Dakota allows expungement of criminal records for various situations, including arrests not resulting in charges, acquittals, dismissals, successful completion of diversion programs, and probation discharges. The process is statute-driven and typically requires a court order.

  • Arrest records if no accusatory instrument was filed within one year
  • Records may be expunged after one year from the date of formal dismissal of the case
  • Records may be expunged at any time following an acquittal
  • Expungement is available after successful completion of all terms of a diversion program (one year and 30 days after completion)
  • Records may be sealed upon discharge from probation and dismissal of charges
  • Expungement available for victims of human trafficking or sexual exploitation (juvenile records)

Which South Dakota State Criminal Records Cannot Be Expunged?

  • Records not falling within the specific eligibility categories outlined in statute
  • Nonpublic records retained by the Division of Criminal Investigation are not expunged, though access is restricted

When Can You Apply to Have Your South Dakota State Criminal Record Expunged?

  • One year after arrest if no charges were filed
  • One year after prosecutorial dismissal of the case
  • Any time following an acquittal
  • One year and 30 days after successful completion of a diversion program
  • Upon discharge from probation and dismissal of charges

Basis for Expungement in South Dakota

A motion for expungement may be filed in the court with jurisdiction over the original charge. The court must find by clear and convincing evidence that expungement serves the ends of justice and is in the best interests of the individual and the public. There is no time limit on filing an application for expungement of arrest records. Some expungements are automatic upon meeting statutory criteria.

Relevant Statutes

  • SD ST § 23A-3-26 to § 23A-3-33: General expungement provisions
  • SD ST § 23A-3-35: Expungement after completion of diversion program
  • SD ST § 23A-3-37: Expungement upon filing of dismissal and notice
  • SD ST § 23A-27-17: Sealing of records after probation discharge
  • SD ST § 26-7A-115.1: Expungement for juvenile victims of human trafficking

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Tennessee

Which Tennessee State Criminal Records Can Be Expunged?

Tennessee allows for expungement of certain records including non-convictions, successful pretrial diversion completions, certain misdemeanors and low-level felonies, and offenses committed by victims of human trafficking. Eligibility and process vary depending on the type and disposition of the offense.

  • Records of dismissal, no true bill, nolle prosequi, acquittal, or successful completion of diversion
  • Misdemeanor and Class E felony convictions eligible under TN ST § 40-32-101 if petitioner has no more than two convictions
  • Offenses committed while protesting or challenging segregation/discrimination laws, under specified conditions
  • Human trafficking victim-related offenses (TN ST § 40-32-105)
  • Records eligible for expunction following probation discharge under TN ST § 40-35-313

Which Tennessee State Criminal Records Cannot Be Expunged?

  • Class A and B felonies
  • Sexual offenses and violent crimes as defined under applicable statutes
  • More than two convictions, unless exceptions apply
  • Offenses not listed in the eligibility tables under TN ST § 40-32-101(g)

When Can You Apply to Have Your Tennessee State Criminal Record Expunged?

  • Immediately upon dismissal, acquittal, or no true bill
  • Five years after completion of all sentence terms for eligible misdemeanors or Class E felonies
  • Thirty-seven years after conviction for historical civil rights protest offenses if conditions are met
  • Immediately after successful completion of probation under TN ST § 40-35-313

Basis for Expungement in Tennessee

Petitioners must file in the court where they were convicted or charged. The court evaluates eligibility based on offense classification, number of convictions, waiting periods, and other statutory criteria. The Tennessee Bureau of Investigation (TBI) maintains a database of expunged records, but public access is restricted after expungement is granted.

Relevant Statutes

  • TN ST § 40-32-101: Expunction of criminal records
  • TN ST § 40-32-105: Expunction for victims of human trafficking
  • TN ST § 40-35-313: Discharge and expungement following probation
  • TN ST § 40-39-209: Expungement order and record removal procedures
  • TN ST § 38-6-118: Expunged offender and pretrial diversion database

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Texas

Which Texas State Criminal Records Can Be Expunged?

Texas law provides for the expungement of various criminal records, including arrests, indictments, and certain convictions under limited circumstances. Expungement may be granted for dismissals, acquittals, pardon, and specific program completions.

  • Arrest records for individuals not formally charged or whose charges were dismissed
  • Records related to acquittals or pardons
  • Indictments dismissed or resulting in no conviction
  • Records based on mistaken identity or arrest of the wrong person
  • Completion of veterans or mental health treatment court programs
  • Records of minors for certain alcohol-related offenses (TX AL BEV § 106.12)

Which Texas State Criminal Records Cannot Be Expunged?

  • Records involving a criminal episode under TX CRIM PRO Art. 55.01(c)
  • Arrests under Section 21 of Article 42.12
  • Records of individuals who absconded after release from arrest
  • Individuals with prior expunctions not eligible for repeat expungement

When Can You Apply to Have Your Texas State Criminal Record Expunged?

  • After dismissal or acquittal of charges
  • Following a full pardon
  • Upon completion of qualifying treatment court programs
  • After waiting periods expire for arrests not resulting in charges

Basis for Expungement in Texas

Expungement must be petitioned through the district court. The applicant must demonstrate eligibility under TX CRIM PRO Art. 55.01. Expunged individuals may deny the existence of expunged records, except when under oath in a criminal proceeding, in which case they must state only that the record was expunged. A sworn affidavit that no prior expunctions have occurred may be required.

Relevant Statutes

  • TX CRIM PRO Art. 55.01: Right to Expunction
  • TX CRIM PRO Art. 55.02: Procedure for Expunction
  • TX CRIM PRO Art. 55A.401: Effect of Final Expunction Order
  • TX AL BEV § 106.12: Expunction for minors’ alcohol offenses

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Utah

Which Utah State Criminal Records Can Be Expunged?

Utah permits expungement of various criminal records including arrest, investigation, detention, and conviction records under a detailed statutory framework. Eligibility is determined by the nature of the offense, the disposition, and compliance with waiting periods and statutory conditions.

  • Records of arrest, investigation, and detention may be expunged 30 days after the arrest if no charges are filed, no criminal proceeding is pending, and no protective or stalking order is in place
  • Convictions may be expunged based on clean record and passage of time, as governed by UT ST §§ 77-40a-302 and 77-40a-303
  • Automatic expungement is available for certain clean slate eligible cases adjudicated after May 1, 2020
  • Expungement following gubernatorial pardon (UT ST § 77-27-5.1)
  • Expungement of juvenile records under UT ST § 80-6-1004.1

Which Utah State Criminal Records Cannot Be Expunged?

  • Records not meeting the eligibility criteria in UT ST §§ 77-40a-302 or 77-40a-303
  • Cases where the court finds that expungement would pose a risk to public safety
  • Traffic offenses that do not qualify under automatic expungement statutes

When Can You Apply to Have Your Utah State Criminal Record Expunged?

  • 30 days after arrest if no charges are filed
  • After a waiting period of 3 to 10 years following conviction, depending on offense severity (UT ST § 77-40a-303)
  • Immediately upon acquittal or dismissal (subject to 60 or 180-day wait under automatic expungement provisions)
  • After successful completion of a plea in abeyance, depending on court findings

Basis for Expungement in Utah

The process requires applying to the Bureau of Criminal Identification for a certificate of eligibility (except for cannabis possession cases), followed by filing a petition with the court. The court must find by clear and convincing evidence that statutory requirements are satisfied. Automatic expungement processes also apply under UT ST § 77-40a-203 for qualifying cases.

Relevant Statutes

  • UT ST § 77-27-5.1: Board authority to order expungement after pardon
  • UT ST § 77-40a-201 to 77-40a-306: Expungement definitions, eligibility, and procedures
  • UT ST § 77-40a-203: Automatic expungement and deletion
  • UT ST § 80-6-1004.1: Expungement of juvenile records

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Vermont

Which Vermont State Criminal Records Can Be Expunged?

Vermont law provides for expungement or sealing of records following completion of diversion programs, successful probation, vacated or reversed convictions, and other qualifying circumstances. Certain offenses may be expunged if no longer prohibited by law, or based on the age of the offense and the individual’s record.

  • Records related to qualifying crimes if the person has completed probation and all court-ordered obligations
  • Records sealed or expunged upon completion of diversion programs under VT ST T. 3 §§ 163 and 164
  • Convictions for conduct that is no longer prohibited
  • Convictions for operating under the influence after 10 years if no subsequent offenses
  • Burglary convictions committed before age 25 without use of deadly weapon after 15 years
  • Reversed or vacated convictions (e.g., for victims of human trafficking or based on wrongful conviction)

Which Vermont State Criminal Records Cannot Be Expunged?

  • Commercial driver offenses involving serious bodily injury or death
  • DUIs involving school buses or commercial vehicles with BAC over statutory limits
  • Cases where the person was convicted of a felony in the past 7 years or misdemeanor in the past 5 years (in certain expungement categories)

When Can You Apply to Have Your Vermont State Criminal Record Expunged?

  • Two years after completion of diversion programs
  • Five years after completion of sentence for many offenses if the person has a clean record since
  • Ten years after completion of sentence for operating under the influence
  • Fifteen years after conviction for eligible burglary offenses committed before age 25
  • Sixty days after acquittal, dismissal, or statute of limitations expiration for certain non-conviction records

Basis for Expungement in Vermont

Expungement is granted upon court determination that statutory conditions have been met and that sealing or expungement serves the interests of justice. Criteria include time elapsed, restitution paid, clean record, and in some cases, successful employment or community service. Human trafficking victims and individuals with vacated convictions may also petition for relief under specific statutes.

Relevant Statutes

  • VT ST T. 3 § 163: Juvenile court diversion
  • VT ST T. 3 § 164: Adult diversion
  • VT ST T. 13 § 7041: Expungement after deferred sentence
  • VT ST T. 13 § 7602: Expungement and sealing of criminal records
  • VT ST T. 13 § 7603: Expungement when no conviction resulted
  • VT ST T. 13 § 5413 and § 2658: Expungement for human trafficking victims and vacated convictions
  • VT ST T. 12 § 5138: Expungement of certain proceedings
  • VT ST T. 23 § 2303: Expungement of violation records

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Washington

Which Washington State Criminal Records Can Be Expunged?

Washington permits the vacating of certain criminal convictions, which serves as the equivalent of expungement. Records eligible for vacating include qualifying misdemeanors, gross misdemeanors, and some felonies, depending on offense type and time elapsed since discharge from sentence.

  • Convictions for misdemeanor and gross misdemeanor offenses under WA ST 9.96.060
  • Class B and certain Class C felony convictions under WA ST 9.94A.640
  • Non-violent offenses where the statutory criteria are met and waiting periods observed
  • Charges that did not result in a conviction, depending on court discretion

Which Washington State Criminal Records Cannot Be Expunged?

  • Violent offenses as defined in RCW 9.94A.030
  • Crimes against persons as defined in applicable statutes
  • Records with pending criminal charges in any state or federal court

When Can You Apply to Have Your Washington State Criminal Record Expunged?

  • Ten years after discharge for Class B felonies and certain Class C felonies
  • Five years after discharge for other eligible felony offenses
  • Upon fulfillment of statutory criteria for misdemeanor offenses

Basis for Expungement in Washington

Eligible individuals may petition the sentencing court to vacate the conviction. If the court finds that the person meets statutory tests, it may allow the individual to withdraw a guilty plea and enter a plea of not guilty, or strike the guilty verdict. The court must find that the offender is not currently facing charges and that sufficient time has passed since sentence discharge.

Relevant Statutes

  • WA ST 9.94A.640: Vacating felony convictions
  • WA ST 9.96.060: Vacating misdemeanor and gross misdemeanor convictions

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in West Virginia

Which West Virginia State Criminal Records Can Be Expunged?

West Virginia allows expungement of certain criminal records including first-time offenses, non-convictions, and cases involving pardons or victims of human trafficking. Eligibility depends on offense type, outcome, and time since completion of sentence or pardon.

  • Records of first-time drug possession (WV ST § 60A-4-407)
  • Records of arrests resulting in dismissal or not guilty findings, after 60 days (WV ST § 61-11-25)
  • Misdemeanor convictions one year after completion of sentence
  • Multiple misdemeanors two years after sentence completion
  • Non-violent felonies five years after sentence completion
  • Convictions for victims of human trafficking or mistaken identity (WV ST § 61-14-9)
  • Convictions that have received a full and unconditional gubernatorial pardon (WV ST § 5-1-16a)

Which West Virginia State Criminal Records Cannot Be Expunged?

  • First-degree murder, treason, kidnapping, or any felony without a pardon (WV ST § 5-1-16a)
  • Certain motor vehicle traffic control offenses (WV ST § 61-11-26b)
  • Felonies not considered non-violent under WV ST § 61-11-26

When Can You Apply to Have Your West Virginia State Criminal Record Expunged?

  • 60 days after acquittal or dismissal of charges
  • One year after conviction or sentence completion for a single misdemeanor
  • Two years after conviction or sentence completion for multiple misdemeanors
  • Five years after sentence completion for non-violent felonies
  • Two years after a full and unconditional pardon, and at least twenty years after sentence discharge (WV ST § 5-1-16a)

Basis for Expungement in West Virginia

The petitioner must demonstrate rehabilitation, provide reasons for requesting expungement, and show that expungement is consistent with public welfare. A hearing is held for cases involving pardons or non-dismissal convictions. Clear and convincing evidence is required to prove eligibility and benefit to justice.

Relevant Statutes

  • WV ST § 5-1-16a: Expungement upon pardon
  • WV ST § 60A-4-407: First-time drug offense discharge
  • WV ST § 61-11-25: Expungement after dismissal or acquittal
  • WV ST § 61-11-26: Expungement of certain convictions
  • WV ST § 61-11-26a: Expungement with treatment or recovery program participation
  • WV ST § 61-11-26b: Limitations on expungement for traffic offenses
  • WV ST § 61-14-9: Expungement for human trafficking victims

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Wisconsin

Which Wisconsin State Criminal Records Can Be Expunged?

Wisconsin allows for the expungement of certain criminal records primarily based on the age of the individual at the time of the offense and the severity of the crime. Eligibility is limited to offenses committed before age 25 and punishable by no more than six years.

  • Convictions for offenses committed by persons under 25 years of age
  • Offenses punishable by six years or less imprisonment
  • Invasion of privacy offenses committed when the individual was under 18 years old
  • Expungement may occur only after successful completion of the sentence

Which Wisconsin State Criminal Records Cannot Be Expunged?

  • Class H or I felonies if the individual has a prior felony conviction
  • Violent offenses as defined in WI ST § 301.048(2)(bm)
  • Violations of WI ST §§ 940.32 (stalking), 948.03(2) or (3) (physical abuse of a child), 948.095 (sexual assault of a student by school staff), or 948.23(1)(a) (concealing death of a child)

When Can You Apply to Have Your Wisconsin State Criminal Record Expunged?

  • Only at the time of sentencing — the court must make a determination that the record will be expunged upon successful completion of the sentence
  • No post-sentence expungement petitions are allowed under current law

Basis for Expungement in Wisconsin

Expungement in Wisconsin is a discretionary act of the sentencing court and must be ordered at the time of sentencing. The individual must successfully complete the sentence, and the court must find that expungement will benefit the person and not harm society. There is no statutory mechanism for retroactive expungement.

Relevant Statutes

  • WI ST § 973.015: Special disposition — expungement upon successful completion of sentence
  • WI SCR 72.06: Court record retention and expunction

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

State Expungement in Wyoming

Which Wyoming State Criminal Records Can Be Expunged?

Wyoming permits expungement of certain arrest records, misdemeanor convictions, and select felony convictions under strict statutory requirements. Eligibility depends on offense type, sentence completion, and time elapsed.

  • Arrest records, if at least 180 days have passed since the arrest or dismissal and no charges or dispositions resulted (WY ST § 7-13-1401)
  • Misdemeanor convictions one year after sentence completion, if no other convictions and petitioner is not a danger to self, victims, or society (WY ST § 7-13-1501)
  • Felony convictions from the same incident, if 10 years have passed since sentence, programs, and restitution completion, and the petitioner is not a danger (WY ST § 7-13-1502)

Which Wyoming State Criminal Records Cannot Be Expunged?

  • Records involving the use or attempted use of a firearm
  • Convictions under WY ST § 6-2-313 involving healthcare providers and patients
  • Convictions where formal charges or dispositions resulted from the arrest incident
  • Cases with current pending charges at time of petition

When Can You Apply to Have Your Wyoming State Criminal Record Expunged?

  • 180 days after arrest or dismissal for non-conviction arrests with no resulting charges (WY ST § 7-13-1401)
  • One year after completing sentence, probation, or program for misdemeanor convictions (WY ST § 7-13-1501)
  • Ten years after completing sentence, probation, program, and restitution for certain felonies (WY ST § 7-13-1502)

Basis for Expungement in Wyoming

The petitioner must file in the court where the offense or arrest occurred. The court must find that statutory conditions are met and that the petitioner poses no substantial danger to self, victims, or society. Misdemeanor expungements require at least one year since sentence completion; felony expungements require ten years. Petitioners may not have other disqualifying convictions or pending charges.

Relevant Statutes

  • WY ST § 7-13-1401: Expungement of arrest and dismissal records
  • WY ST § 7-13-1501: Expungement of misdemeanor convictions
  • WY ST § 7-13-1502: Expungement of certain felony convictions
  • WY ST § 6-2-313: Ineligible offenses involving healthcare provider-patient misconduct

Source: “Expungement of Criminal Records,” Thomson Reuters, November 2024

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