Expungement Laws and Forms: 50-State Survey

A criminal conviction, or sometimes even an arrest or charge, can leave a lasting scar long after any penalties have expired. A person with a criminal record may struggle to find a job or get an educational degree or a professional license that they need for their career. Some types of convictions also may impinge on civil liberties, such as the right to own firearms. Recognizing the burdens created by a criminal record, each state allows people with certain types of records to seek a fresh start.

While terms vary among states, the process of cleaning a criminal record is most often known as expungement or record sealing. Some states use these terms interchangeably, while others distinguish between them. When they are distinguished, expungement usually refers to a broader form of relief, for which fewer convictions are eligible. A state also may provide options to set aside or vacate a conviction, or to reduce a felony to a misdemeanor.

Approaches to eligibility for expunging or sealing adult convictions vary as well. A handful of states echo the federal criminal justice system, granting virtually no authority to courts to expunge or seal an adult conviction outside very narrow circumstances. At the other end of the spectrum, about a dozen states allow courts to issue expungements even for many felonies. The majority of states fall between these extremes. They may provide relief only for misdemeanor convictions, for misdemeanor convictions and a narrow set of felony convictions, for misdemeanor convictions and pardoned convictions, or for another subset of convictions.

Even if a state provides little or no general relief for adult convictions, it may allow people who have been arrested, investigated, or charged but not convicted to clean those records. Meanwhile, criminal justice systems typically treat juvenile offenders more leniently than adult offenders, focusing on rehabilitation. This means that juvenile records are often sealed or kept confidential to some extent in states that do not provide expungement or sealing for adult convictions.

Click on a state below for information about the types of criminal records that may be expunged or sealed there, as well as forms to apply for record relief.

Alabama

Relief for non-conviction records: Expungement available via petition for non-violent felony and misdemeanor charges (including dismissal through diversionary program), and for violent felony charges that resulted in acquittal; however, banks, utilities, and certain government agencies can continue to view records; an arrest record must be removed from an individual’s rap sheet within 30 days if they are exonerated or not charged - Alabama Code Section 15-27-1; § 15-27-2; § 41-9-625
Relief for juvenile records: Sealing of delinquency adjudications usually occurs after final discharge or court order if no criminal proceedings are pending; a former juvenile delinquent can ask a court to destroy their records once they turn 24 (five years after age of majority) - § 12-15-136; § 12-15-137
Relief for pardoned convictions: Expungement or sealing not authorized

Alabama expungement or record sealing is not generally authorized for adult convictions. However, expungement may be available for misdemeanors and non-violent felonies that did not result in formal convictions. These may include felony cases resolved through a diversion program, a mental health court program, a drug court program, or a veteran’s court program, among other deferred prosecution programs. Individuals who experienced human trafficking have special access to expungement for misdemeanor convictions and certain felony convictions. These include some violent felonies, such as domestic violence.

Alabama Expungement Forms and Resources

Criminal Record Expungement, Alabama Law Enforcement Agency (scroll down for forms)

Alaska

Relief for non-conviction records: Sealing is generally available only in cases involving a mistaken identity or false accusation, but the public usually cannot access non-conviction records; courts cannot publish records of cases that ended with acquittal or dismissal online - Alaska Statutes Section 12.62.160; § 12.62.180; § 22.35.030
Relief for juvenile records: The public may not access most records of juvenile delinquency adjudications, which generally can be sealed when the individual turns 18 or is released from juvenile court jurisdiction, whichever is later; juveniles who were charged as adults generally can have their records sealed five years after they complete their sentence or after the records are made public - § 47.12.300
Relief for pardoned convictions: Expungement or sealing not authorized

Alaska expungement or record sealing is not generally authorized for adult convictions. For certain types of crimes, the conviction may be set aside if the individual completes probation. This means that there is officially no conviction on the individual’s record, although the court cannot seal the record. The record cannot be published online. The conviction that was set aside may be used for sentence enhancement purposes in some cases. It cannot be used as a predicate offense.

Alaska Expungement Forms and Resources

Arizona

Relief for non-conviction records: Sealing or expungement available only when an individual was wrongfully arrested or charged - Arizona Revised Statutes Section 13-4051
Relief for juvenile records: Once they turn 18, an individual may seek to set aside a juvenile delinquency adjudication following the disposition of the case - § 8-348; § 8-207; § 13-501
Relief for pardoned convictions: Expungement or sealing not authorized

While Arizona record sealing is not generally authorized for adult convictions, a court may set aside a conviction upon an individual’s discharge for most crimes, except for violent crimes and sex crimes. Setting aside the conviction shields an individual from most collateral consequences. However, the conviction that was set aside may serve as a predicate offense, and the individual’s record is not sealed. Individuals who experienced human trafficking have special rights to vacate prostitution convictions, which will not be considered priors and do not need to be reported in most cases, unless a fingerprint background check is involved. Starting in July 2021, Arizona will allow individuals who were arrested, charged, or convicted for some marijuana crimes to petition a court for expungement. Other charges successfully resolved through drug court may be dismissed, but the record is not sealed.

Arizona Expungement Forms and Resources

Criminal Forms, Arizona Judicial Branch (includes some forms related to set-aside and similar relief)
Arizona Expungement Forms and Guides, US Legal Forms ($)

Arkansas

Relief for non-conviction records: A court must seal arrest records upon petition if no conviction results, the charges are dismissed, or no charges are filed within one year - Arkansas Code Section 16-90-1409; § 16-90-1410
Relief for juvenile records: A court will expunge most juvenile records when an individual turns 21; records of delinquency adjudications for which a juvenile could have been tried as an adult generally must be kept for 10 years after the last delinquency adjudication (or guilty or nolo contendere plea, or finding of guilt as adult) but may be expunged afterward - § 9-27-309
Relief for pardoned convictions: Sealing is automatic for most pardoned crimes, and pardon may be an alternative for individuals who cannot get their records sealed - § 16-90-1411

Arkansas record sealing may be available for an individual convicted of a misdemeanor once they have completed their sentence. An individual convicted of a drug crime or a minor felony can apply to have their record sealed after five years unless they have multiple prior felonies on their record. If a first-time offender receives deferred adjudication, they may be able to seal the record of that crime. Certain sex crimes and violent crimes cannot be sealed. A sealed conviction can be used as a predicate offense, although the individual does not need to disclose the conviction or the underlying conduct and may state that the sealed record does not exist. Individuals who experienced human trafficking can have prostitution convictions sealed if they resulted from their experience with human trafficking.

Arkansas Expungement Forms and Resources

Forms, Arkansas Crime Information Center (includes record sealing forms)

California

Relief for non-conviction records: Upon petition, an individual can obtain mandatory sealing of eligible non-conviction records, such as arrest records, police investigative reports, and court records, which makes them inaccessible to anyone except the individual or a criminal justice agency; relief is automatically available for eligible records related to arrests that occurred on or after January 1, 2021 - California Penal Code Section 851.91; § 851.92; § 851.93
Relief for juvenile records: Except for serious offenses, most juvenile records are confidential, and most adjudications may be sealed when the individual turns 18 or five years after juvenile court jurisdiction over the individual ends; if a juvenile committed a serious offense, they may be able to keep their record confidential and have it expunged after five years if they meet additional requirements; a record of a misdemeanor committed before the individual turned 18 may be sealed if it is eligible; individuals under 18 who experienced human trafficking can get non-violent convictions related to the trafficking vacated, while the records of these convictions will be sealed (eventually expunged after three years) - California Welfare and Institutions Code Section 781; California Penal Code Section 1203.45; § 236.14
Relief for pardoned convictions: Expungement or sealing not authorized

An automatic California expungement process applies to eligible convictions that occurred on or after January 1, 2021, which will restrict the ability of courts and repositories to release related information. Meanwhile, an individual who received probation or was convicted of a misdemeanor or a minor felony for which they were sentenced to county jail may get their charges dismissed or set aside. An individual with a minor felony may be able to get their conviction reduced to a misdemeanor as an initial step, after which they can pursue a set-aside or dismissal. The public still can receive access to these convictions, and they may be used as predicate offenses. However, the individual can get their rights restored, and the conviction will not be disclosed in some cases. As an alternative, a court can issue a certificate of rehabilitation for a crime under state law, and an individual can use the certificate to overcome certain employment obstacles and pursue a pardon. People who committed misdemeanors when they were under 18 potentially can pursue sealing for those convictions.

Certain underage individuals who received deferred sentencing for a felony conviction and completed probation may have that conviction treated as a misdemeanor and get the record sealed. Individuals who committed their first minor drug offense may get the charge dismissed and their record sealed if they receive a post-plea deferred entry of judgment and complete probation. Individuals who experienced human trafficking can have prostitution convictions and other convictions of non-violent offenses that were related to the trafficking vacated, and these records will be sealed and expunged after three years. Records of marijuana offenses that have since been decriminalized are systematically sealed, and records of marijuana possession offenses are automatically destroyed after two years.

California Expungement Forms and Resources

Colorado

Relief for non-conviction records: Records of cases that resulted in diversion, dismissal (including after a deferred judgment and sentence), or acquittal may be sealed upon disposition; an individual may petition to seal arrest records in cases that did not result in charges; an individual generally can deny the criminal record; expungement available for arrests based on mistaken identity if no charges resulted - Colorado Revised Statutes Section 24-72-705; § 24-72-704; § 24-72-702
Relief for juvenile records: Except for serious violent crimes, juvenile records may be expunged; automatic expungement process available for minor offenses, while repeat offenders and individuals subject to mandatory sentences may face a waiting period; an individual can deny the record - § 19-1-306
Relief for pardoned convictions: Expungement or sealing not authorized

Colorado record sealing may be available for convictions of most crimes other than serious felonies, but a waiting period of one to five years may apply. Although law enforcement can continue to access these records, and they are available for required background checks, an individual generally can deny the conviction. An individual also may be able to obtain sealing if they receive deferred sentencing, deferred adjudication, or pre-trial diversion. A court also has discretion to relieve collateral consequences of a conviction, such as employment consequences, when sentencing an individual. Individuals who experienced human trafficking can petition to have convictions of prostitution and other crimes related to the trafficking sealed. Certain other types of convictions may be eligible for specialized sealing processes, such as municipal offenses (but not traffic violations), decriminalized misdemeanor marijuana possession, or underage possession or consumption of alcohol or marijuana, among other offenses.

Colorado Expungement Forms and Resources

Connecticut

Relief for non-conviction records: Erasure available for cases in which charges resulted in dismissal, nolle prosequi, or acquittal; sealing may be partial in some cases that resulted in nolle prosequi; government agencies cannot use or release arrest records that are not related to a conviction in situations involving employment or licensing applications - Connecticut General Statutes Section 54-142a; § 46a-80; § 31-51i
Relief for juvenile records: Once they turn 17, an individual can pursue erasure of police and court records after two to four years have passed, as long as they have no pending charges or later convictions - § 46b-146
Relief for pardoned convictions: Automatically erased after three years, resulting in the destruction of records; an individual can deny the pardoned conviction - § 54-142a

The Connecticut expungement process is generally known as erasure. An individual can obtain erasure if they receive a pardon from the Board of Pardons and Paroles, which is easier to obtain than in many states. Records subject to erasure are destroyed after three years, and employers are barred from asking about an erased record or making decisions based on it. An individual who obtains erasure can deny the existence of the crime under oath, and state agencies may not disclose the crime or use it in other criminal proceedings. In addition, deferred adjudication may result in erasure and allow an individual to deny a conviction, although the conviction retains its effect as a predicate offense until the records are destroyed. Individuals who experienced human trafficking can have their prostitution convictions vacated, which means that they may ultimately be erased. Erasure is also available for decriminalized conduct and for people who were convicted as youthful offenders once they turn 21, unless they are later convicted of a felony.

Connecticut Expungement Forms and Resources

Delaware

Relief for non-conviction records: Expungement is mandatory when a criminal case is terminated in favor of an individual, even with probation before judgment, but the individual must file an application with the State Bureau of Identification - 11 Delaware Code Section 4372; § 4373
Relief for juvenile records: Expungement may be mandatory or discretionary - 10 Delaware Code Section 1014 et seq.
Relief for pardoned convictions: Expungement available for all pardoned offenses (until end of 2019, was only available for pardoned misdemeanors and violations when the individual could show manifest injustice) - 11 Delaware Code Section 4375

A Delaware expungement for an adult conviction historically was not within the authority of courts, but convictions of certain misdemeanors and violations became eligible for mandatory expungement at the end of 2019. Certain other convictions, such as some minor felonies, may be eligible for discretionary expungement. However, identifying information will not be destroyed until the individual turns 80, or turns 75 if they have no criminal activity on their record for the last 40 years. If charges are dismissed following probation before judgment, expungement is mandatory. Expungement is also available for first-time drug offenders who are placed in diversion programs. Individuals who experienced human trafficking may pursue expungement (and possibly a pardon) for a conviction of a non-violent crime that was related to the human trafficking.

Delaware Expungement Forms and Resources

Expungement of Criminal Records Forms, Delaware Courts

District of Columbia

Relief for non-conviction records: Sealing may be available for minor misdemeanor and felony failure to appear records if a court finds that it is in the interests of justice after a waiting period of 2-10 years, although sealing is not available in deferred sentencing cases if an individual has a prior disqualifying arrest or conviction; an individual usually can deny an arrest if the record is sealed, but law enforcement agencies, courts, employers, and licensing institutions may have access - District of Columbia Code Section 16-803; § 16-806
Relief for juvenile records: May be sealed once an individual becomes an adult after a two-year waiting period, unless they have subsequent convictions - § 16-2335
Relief for pardoned convictions: Expungement or sealing not authorized

District of Columbia record sealing is usually available for minor misdemeanor and felony failure to appear convictions, as long as the court finds that it is in the interests of justice. The waiting period to pursue record sealing depends on the individual’s record. While the individual can deny the sealed conviction, records will remain accessible in some situations to law enforcement agencies, courts, employers, and licensing institutions. An individual who received deferred sentencing can have their record sealed as long as it is in the interests of justice, unless they have a prior disqualifying arrest or conviction. Special sealing access may be available for cases involving decriminalized conduct, actual innocence, or arrests of fugitives from justice.

District of Columbia Expungement Forms and Resources

District of Columbia Expungement Forms and Guides, US Legal Forms ($)

Florida

Relief for non-conviction records: The Florida Department of Law Enforcement generally will seal a record automatically if the individual was not charged or if the case was dismissed or resulted in a not guilty verdict or an acquittal; judicial sealing and expungement also available for many first-time offenders at court discretion; expungement involves destruction of record, while sealing still allows some access by certain employers and agencies - Florida Statutes Section 943.0595; § 943.0585; § 943.059
Relief for juvenile records: Juvenile adjudication records for non-serious offenses are kept confidential, and a non-judicial record of an arrest for a first-time, non-violent offense may be expunged if the juvenile completes a diversion program; expungement generally available for other records once the individual turns 24 - § 943.0582; § 985.04
Relief for pardoned convictions: Expungement or sealing not authorized

Florida expungement or record sealing is not generally authorized for adult convictions. However, some first-time offenders may obtain record sealing after withheld adjudication, which means that they do not receive a formal conviction. Withheld adjudication may be available for misdemeanors, and for some minor felonies in narrower circumstances. Records related to withheld adjudication will be expunged after 10 years. Individuals who experienced human trafficking may obtain sealing for convictions of prostitution and other crimes that were committed as part of the trafficking scheme.

Florida Expungement Forms and Resources

Applying for a Certificate of Eligibility, Florida Department of Law Enforcement (contains link to application)
Florida Expungement Forms and Guides, US Legal Forms ($)

Georgia

Relief for non-conviction records: Potentially restricted public access to records of cases in which an individual was acquitted or released before indictment; waiting period based on the level of the offense applies - Georgia Code Section 35-3-37
Relief for juvenile records: Records may be sealed after a two-year waiting period if a court finds that the individual has been rehabilitated; potentially restricted access to misdemeanor convictions of individuals under 21 after five years have passed, which means that the public and licensing boards cannot access them; individuals under 18 who experienced human trafficking can have convictions of sex crimes related to the trafficking vacated and sealed - § 15-11-701; § 35-3-37; § 15-11-32
Relief for pardoned convictions: Access to records restricted based on recent law - § 35-3-37

Georgia expungement or record sealing is generally authorized for adult convictions only if they have been pardoned. However, records are sealed if a first-time offender receives a discharge without adjudication after completing probation, which is considered to exonerate the individual. This allows the individual to reclaim their gun rights and other civil liberties, and many employers may not be able to deny employment on this basis. Sealing and restricted access also may be available for first-time drug possession convictions. Individuals who experienced human trafficking can have their convictions vacated or sealed, or access to the record restricted.

Georgia Expungement Forms and Resources

Georgia Expungement Forms and Guides, US Legal Forms ($)

Hawaii

Relief for non-conviction records: Access limited to criminal justice agencies and other authorized agencies; if an arrest record does not result in a conviction, an individual may apply to the Attorney General for an expungement order, which results in the arrest being considered not to exist; an individual also can ask a court to expunge court records - Hawaii Revised Statutes Section 831-3.2
Relief for juvenile records: Automatic sealing provided as part of confidentiality requirements, and expungement may be available if charges are not brought or if the juvenile is held not responsible - § 571-84; § 571-88
Relief for pardoned convictions: Expungement or sealing not authorized

Hawaii expungement or record sealing is not generally authorized for adult convictions. However, a first-time offender who commits a non-violent crime and receives deferred adjudication will not have a formal conviction on their record, and they can pursue an expungement one year later by applying to the Attorney General and the court. Expungement may be available for a first-time drug possession offense resolved through deferred adjudication if it was committed when the individual was under 20. Individuals convicted of prostitution or similar crimes may petition to have their convictions vacated after three years without committing further crimes.

Hawaii Expungement Forms and Resources

Hawaii Criminal Justice Data Center Forms (includes expungement application)
Hawaii Expungement Forms and Guides, US Legal Forms ($)

Idaho

Relief for non-conviction records: Sealing available on request following dismissal, acquittal, or failure to charge within one year - Idaho Code Section 67-3004
Relief for juvenile records: Convictions of non-serious offenses are eligible for expungement after a waiting period - § 20-525A
Relief for pardoned convictions: Expungement or sealing not authorized

While Idaho expungement or record sealing is not generally authorized for adult convictions, some sex offenders may ask to be expunged from the sex offender registry after 10 years have passed. People with felony convictions that do not involve sex offender registration also may ask to have the felony reduced to a misdemeanor once they complete probation, which may require the consent of the prosecutor in some cases. An individual who has been convicted of a crime other than a serious violent crime or sex crime can seek to set aside their plea if their felony conviction is reduced to a misdemeanor, or if they receive a deferred or suspended sentence. This does not result in sealing their record, but it allows them to regain their civil rights. Individuals who experienced human trafficking may ask to vacate convictions and expunge related records if they were arrested or convicted because of acts induced by the traffickers.

Idaho Expungement Forms and Resources

Illinois

Relief for non-conviction records: Sealing may be available immediately upon disposition, and an individual can petition a court to expunge charges that resulted in acquittal or dismissal, unless they have a prior felony conviction - 20 Illinois Compiled Statutes Section 2630/5.2
Relief for juvenile records: Expungement is automatic, except for serious offenses, after a waiting period of up to two years; in other cases, offenses other than first-degree murder and sex crimes can be expunged via petition after two years; records that are not expunged are automatically sealed - 705 Illinois Compiled Statutes Section 405/5-915
Relief for pardoned convictions: Expungement may be authorized by the instrument granting the pardon - 20 Illinois Compiled Statutes Section 2630/5.2

Illinois record sealing may be available for most convictions once a three-year waiting period has expired, although certain serious offenses cannot be sealed. Even if a conviction record is sealed, though, it will remain accessible to agencies that are authorized to conduct background checks. The impact of a conviction on employment and professional opportunities may be overcome if a court issues a certificate of good conduct, or limited if a court issues a certificate of relief from disabilities. If a first-time non-violent offender receives deferred adjudication and completes probation, they can have this record expunged five years later. First-time felony offenders charged with minor, non-violent felonies related to drugs, theft, or fraud also may be able to obtain expungement, although the crime will continue to serve as a predicate offense. Offenses involving 30 or fewer grams of cannabis may be eligible for expungement of arrests and convictions. An individual who experienced human trafficking can obtain sealing for offenses in which they participated because of the trafficking when they complete their last sentence.

Illinois Expungement Forms and Resources

Expungement and Sealing Forms, Illinois Supreme Court

Indiana

Relief for non-conviction records: Expungement and sealing available after one year (or occasionally earlier), which means that only a criminal justice agency can access these records without a court order; same relief available for convictions that were vacated on appeal - Indiana Code Section 35-38-9-1
Relief for juvenile records: Expungement available at any time via petition, which results in the destruction of records; an individual under 18 who experienced human trafficking can seek to vacate an adjudication in certain circumstances if they were coerced when they committed the offense and did not cause a physical injury to anyone - § 31-39-8-2; § 31-37-22-11
Relief for pardoned convictions: Pardon forms automatic basis for expungement

An Indiana expungement may be available after a waiting period of five to 10 years for most felonies and misdemeanors. Expungement is mandatory for eligible misdemeanors and minor felonies, which will be automatically sealed when they are expunged. This means that the public and prosecutors will receive limited access to these records without a court order. Records that are expunged but not sealed are marked as being expunged but remain accessible to the public. An individual who experienced human trafficking and was coerced when they committed a crime and did not cause a physical injury to anyone is entitled to get their conviction vacated.

Indiana Expungement Forms and Resources

Expungement Forms, Indiana Legal Help

Iowa

Relief for non-conviction records: Expungement required after 180 days for records of acquittals and dismissals, but not cases that resulted in deferred adjudication; however, the individual must pay any court debt - Iowa Code Section 901C.2
Relief for juvenile records: Offenses other than forcible felonies are not accessible to the public, and an individual can apply to remove forcible felonies from public access; once an individual turns 18, they can ask for sealing after a two-year waiting period if they have no subsequent offenses on their record; after age 21, juvenile offenses will not appear on criminal history if an individual does not commit serious offenses between 18 and 21 - § 232.147; § 232.149A; § 232.149B; § 232.150; § 692.17
Relief for pardoned convictions: Expungement or sealing not authorized

Iowa expungement or record sealing is not generally authorized for adult felony convictions, but a recent law permits expungement for some misdemeanors. First-time offenders who receive deferred adjudication may be eligible for expungement afterward. However, the expunged offense retains its effect as a predicate crime. There are no special rules for individuals who experienced human trafficking, unlike many other states.

Iowa Expungement Forms and Resources

Court Forms, Iowa Judicial Branch (scroll down to Expunge Court Record folder for application)
Iowa Expungement Forms and Guides, US Legal Forms ($)

Kansas

Relief for non-conviction records: If a court determines that no conviction resulted from an arrest, the record must be expunged, and the individual can deny the arrest; limited grounds for disclosure may remain - Kansas Statutes Section 22-2410
Relief for juvenile records: Expungement of juvenile delinquency adjudications is generally available after a two-year waiting period for an individual who is 23 or older without subsequent offenses; expungement not available for adjudications involving serious or violent crimes - § 38-2312
Relief for pardoned convictions: Expungement or sealing not authorized

A Kansas expungement may be available for crimes other than serious violent crimes and sex crimes. People who must register under the offender registration act are not eligible for expungement. A waiting period of three to five years applies. An expungement allows an individual to deny a conviction in most situations, although exceptions apply to some situations involving law enforcement, employment, and licensing. An expunged conviction may serve as a predicate offense. An individual who experienced human trafficking and was coerced into prostitution can ask the court that convicted them to expunge the conviction one year after completing their sentence. Kansas does not provide for deferred adjudication.

Kansas Expungement Forms and Resources

Expungement Forms, Kansas Judicial Council (forms for adults)
Miscellaneous Juvenile Offender Forms, Kansas Judicial Council (includes expungement forms for juveniles)

Kentucky

Relief for non-conviction records: Expungement may be available for cases that resulted in acquittal, dismissal with prejudice, or no indictment within 12 months of charges; expungement may also be available for cases that were dismissed without prejudice, but only after five years - Kentucky Revised Statutes Section 431.076; § 510.300
Relief for juvenile records: After a two-year waiting period, an individual can seek to have their record vacated and expunged - § 610.330
Relief for pardoned convictions: May be set aside and expunged - § 431.078

A Kentucky expungement may be available for most non-felony offenses other than sex crimes and crimes against children if an individual has completed a five-year waiting period without further felony or misdemeanor convictions. Individuals with a record of only one conviction are entitled to mandatory expungement. Certain Class D felonies also may be eligible to be vacated and expunged five years after an individual completes their sentence. (If an individual receives deferred adjudication and diversion for a Class D felony, they will not have a conviction on their record, and they can get the record expunged upon the dismissal of the charges.) An individual who experienced human trafficking can seek an expungement of a non-violent prostitution conviction 60 days after the final judgment in their case if they participated in prostitution due to the trafficking.

Kentucky Expungement Forms and Resources

Expungement Certification Process, Kentucky Court of Justice (contains forms)

Louisiana

Relief for non-conviction records: Expungement available (including for felony cases), although law enforcement agencies and licensing organizations may have access - Louisiana Code of Criminal Procedure Article 976
Relief for juvenile records: Expungement generally available after end of juvenile court jurisdiction, although serious offenses may require a five-year waiting period; underage individuals who experienced human trafficking can get prostitution convictions expunged - Louisiana Children's Code Article 918; Art. 923
Relief for pardoned convictions: Expungement or sealing generally not authorized, but individuals who receive first offender pardon for offenses such as drug crimes (but not violent crimes) may be able to seek an expungement - Louisiana Code of Criminal Procedure Article 978

A Louisiana expungement may be available for many types of convictions following certain waiting periods. The waiting period to expunge a misdemeanor is five years without a subsequent offense, while the waiting period to expunge a felony is 10 years without a subsequent offense. An expungement results in withholding the record from public access, although law enforcement agencies and licensing organizations may be allowed to access it. An expunged conviction can serve as a predicate crime. An individual may be able to get deferred sentencing and probation for a first-time felony conviction. This can lead to set-aside and dismissal, as well as expungement, if the individual completes probation.

Louisiana Expungement Forms and Resources

Expungement Forms, Louisiana Clerks of Court Association

Maine

Relief for non-conviction records: Withheld from public access after one year, although they may be available upon a specific inquiry regarding whether an individual was arrested, detained, or subject to formal criminal charges or a summons - 16 Maine Revised Statutes Section 703; § 705
Relief for juvenile records: Sealing available for all juvenile delinquency adjudications after a three-year waiting period without subsequent offenses - 15 Maine Revised Statutes Section 3308
Relief for pardoned convictions: Treated as non-conviction records, but still potentially available upon request; sex offender registration will not be required - 16 Maine Revised Statutes Section 703; § 705

Maine expungement or record sealing is not generally authorized for adult felony convictions. However, an individual may have convictions of misdemeanors (Class E crimes) committed between the ages of 18 and 21 sealed once a four-year waiting period passes. They must not have any subsequent convictions on their record and must not have any pending criminal charges. If an individual receives a deferred disposition after pleading guilty to a Class C, D, or E crime, they can keep their record confidential so that the public cannot access it other than through a specific inquiry.

Maine Expungement Forms and Resources

Maine Expungement Forms and Guides, US Legal Forms ($)

Maryland

Relief for non-conviction records: Automatic expungement for records of arrests that do not result in charges; expungement available upon disposition for other records; a three-year waiting period applies to probation before judgment cases; expungement means that records are accessible only through court order and are destroyed after three years - Maryland Code of Criminal Procedure Section 10-103; § 10-105
Relief for juvenile records: Records generally not available to the public and must be sealed when an individual turns 21 (may be sealed before then for good cause); records of charges transferred to juvenile court can be expunged and can be destroyed after three years - Maryland Code of Criminal Procedure Section 10-105; § 10-106; Maryland Code of Courts and Judicial Proceedings Section 3-8A-27
Relief for pardoned convictions: Expungement available for non-violent first offenses upon pardon; records will be destroyed after three years - Maryland Code of Criminal Procedure Section 10-105

A Maryland expungement may be available after 10-15 years without subsequent offenses for many misdemeanors and certain types of felonies, such as drug crimes and theft crimes. Records that have been expunged will be destroyed three years later. If an individual receives probation before judgment for a crime, they can get their record expunged (and destroyed after three years), and the crime will not serve as a predicate offense. Prior to destruction, the expunged record may be accessed only through court order or an application by the state’s attorney when the record is needed by law enforcement. Individuals who experienced human trafficking may be able to have convictions of prostitution and certain other crimes vacated within a reasonable time, which turns the record into a non-conviction record and makes it eligible for expungement.

Maryland Expungement Forms and Resources

Expungement, Maryland Courts (includes forms)
District Court Forms, Maryland Courts (includes some forms under Criminal Forms)
Maryland Expungement Forms and Guides, US Legal Forms ($)

Massachusetts

Relief for non-conviction records: Sealing mandatory for cases that resulted in acquittal; sealing discretionary in cases that resulted in dismissal of charges; an individual can deny a sealed arrest when seeking private employment and will not be disqualified from public employment on this basis - Massachusetts General Laws Chapter 276, Section 100C
Relief for juvenile records: Sealing available for juvenile delinquency adjudications after three years without a subsequent offense - Ch. 276, § 100B
Relief for pardoned convictions: Sealing automatic upon pardon, and conviction can be denied, but it still may serve as a predicate crime - Ch. 127, § 152

Massachusetts record sealing may be available for many types of convictions. A five-year waiting period without a subsequent conviction is required for misdemeanors, while a 10-year waiting period without a subsequent conviction is required for felonies. A sealed conviction still may serve as a predicate offense, and sealing does not restore full firearms rights. However, an individual may deny a sealed conviction when seeking employment, and employers are barred from investigating misdemeanor convictions from more than five years before, as well as arrest records. Individuals who experienced human trafficking may have convictions or juvenile delinquency adjudications for prostitution or drug possession vacated if these crimes resulted from their experience with human trafficking.

Massachusetts Expungement Forms and Resources

Court Forms for Criminal Records, Massachusetts Court System

Michigan

Relief for non-conviction records: Arrest records must be destroyed by law enforcement and the police when an arrested person is released without charges; dismissal of charges before trial may lead to the removal of the arrest record from law enforcement and police online systems and expungement or destruction as appropriate; a nolle prosequi or a not guilty finding results in the destruction of the arrest record; related court records will not be available to the public - Michigan Compiled Laws Section 28.243
Relief for juvenile records: Juvenile diversion records generally must be destroyed when an individual turns 17, while other juvenile court records generally must be destroyed when an individual turns 30; before then, sealing may be available for good cause, and up to three juvenile delinquency adjudications may be set aside in certain situations - § 712A.18e
Relief for pardoned convictions: Expungement or sealing not authorized

While there is no specific judicial record sealing statute, Michigan record sealing may be available in any case for good cause after the court considers the interests of the parties and the public. A first-time felony offender may be able to get a set-aside that prevents the public from accessing their record, although the record still may be available to courts and law enforcement, and the offense still may serve as a predicate crime. An individual must have two or fewer prior misdemeanors on their record. People with two misdemeanors also may be eligible for a set-aside (with similar effects) if they have no prior felonies on their record. A five-year eligibility period applies to a set-aside, and it is not available for sex crimes and traffic offenses. If a first-time drug offender receives probation before judgment, the related records will not be available to the public but may be accessed by courts and law enforcement. An individual who experienced human trafficking may have a conviction of prostitution or a similar offense set aside if the offense resulted from their experience with human trafficking.

Michigan Expungement Forms and Resources

Minnesota

Relief for non-conviction records: Expungement presumed appropriate whenever a case is resolved in an individual’s favor; arrest records must be destroyed if no charges are filed when an individual has no conviction of a felony or gross misdemeanor in the last 10 years - Minnesota Statutes Section 609A.02; § 609A.03; § 299C.11
Relief for juvenile records: Most juvenile delinquency adjudications not accessible to anyone other than victims, schools, and government agencies for certain purposes (expungement may be available in some cases); adjudication records will not be available after the individual turns 28; felony offenses committed by an individual who is 16 or 17 are excluded - § 260B.171; § 260B.198
Relief for pardoned convictions: No expungement or sealing, but pardon extraordinary results in setting aside a conviction and allows the individual to deny the conviction

A Minnesota expungement may be available after two to five years for all misdemeanor convictions and some non-violent felony convictions. Also, an individual may seek a reduction of a minor felony to a misdemeanor. Juveniles who were tried as adults generally may have their conviction sealed from public access after they receive a final discharge or complete probation, although law enforcement still may access these records in some cases. Certain conviction records preserved by the Bureau of Criminal Apprehension may be available to the public for 15 years after discharge.

Minnesota Expungement Forms and Resources

Criminal Expungement Forms, Minnesota Judicial Branch

Mississippi

Relief for non-conviction records: Expungement available for misdemeanor cases that did not result in a conviction - Mississippi Code Section 99-15-59
Relief for juvenile records: Sealing available when an individual turns 20 for cases that were dismissed or set aside - § 43-21-263
Relief for pardoned convictions: Expungement or sealing not authorized

A Mississippi expungement may be available for first-offense misdemeanors and qualifying felonies. Only one felony expungement is available, and a five-year waiting period after the sentence is completed applies. The records remain with law enforcement after expungement, and an employer can ask about the expungement. An individual who receives deferred adjudication and dismissal for certain convictions also will be entitled to expungement upon their completion of the program. Individuals who experienced human trafficking can have convictions for prostitution and other violations of the Human Trafficking Act vacated.

Mississippi Expungement Forms and Resources

Mississippi Expungement Forms and Guides, US Legal Forms ($)

Missouri

Relief for non-conviction records: Records, except the court’s judgment, order, or the final action taken by the prosecutor, are automatically closed (but not expunged or destroyed) in all cases in which the defendant prevails (nolle prossed, acquitted, dismissed) or sentencing is suspended; non-conviction records (including deferred cases) may be expunged on the same basis as convictions; immediate expungement for arrests based on false information and most misdemeanor motor vehicle offenses if nolle prossed, dismissed, or acquitted - Missouri Statutes Section 610.105; § 610.140; § 610.122
Relief for juvenile records: Juvenile records are generally not available to the public, but an individual may petition for their records to be sealed or destroyed at or after age 18; most juvenile driving records are expunged automatically after two years or when the individual reaches age 21 - § 211.321; § 302.545
Relief for pardoned convictions: Expungement or sealing not authorized

Missouri expungement may be available for misdemeanors and some felonies, although not for violent, sex, or other serious crimes. During an expungement proceeding, the court may consider the individual’s lack of intervening convictions between the misdemeanor or felony and the expungement petition if it has been at least three years since the misdemeanor conviction or seven years since the felony conviction. An individual may not have expunged more than one felony and two misdemeanor convictions in their lifetime. Missouri allows for the expungement of certain alcohol-related motor vehicle violations after 10 years if the individual has not been convicted of a related offense since then. Anyone convicted of prostitution for acts committed as a minor or under coercion may also be eligible for expungement.

Missouri Expungement Forms and Resources

Missouri Expungement Forms and Guides, US Legal Forms ($)

Montana

Relief for non-conviction records: Records in possession of law enforcement in cases not resulting in a conviction or cases in which the conviction is invalidated must be expunged - Montana Code Section 44-5-202
Relief for juvenile records: Youth court and probation records are automatically sealed when the individual turns 18; a minor may petition the court to limit the availability of these records before they reach age 18 - § 41-5-216; Montana Privacy Rules Section 4.60
Relief for pardoned convictions: Expungement or sealing not authorized

Montana expungement does not exist for adult felony convictions. However, expungement may be available for all misdemeanors once in an individual’s lifetime. Certain felony or misdemeanor sentences may be deferred and later dismissed. When this occurs, the judge will limit access to all records and data related to the charge. Anyone who has completed or is still serving a sentence for a previously illegal marijuana offense that is now legalized or punishable under a lesser sentence may petition for expungement, resentencing, or redesignation.

Montana Expungement Forms and Resources

Nebraska

Relief for non-conviction records: Record sealing is mandatory after one year for records not resulting in prosecution, two years for records when charges are not filed because of completed diversion, and three years for records when charges were filed but later dismissed; expungement available for arrests due to law enforcement errors - Nebraska Code Section 29-3523
Relief for juvenile records: Automatic sealing or eligible on petition for many juvenile records as if they had never occurred - § 43-2,108.02; § 43-2,108.05
Relief for pardoned convictions: Sealing upon a court finding that the individual has received a pardon - § 29-3523

Nebraska record sealing or expungement does not exist for adult convictions. A court may set aside an individual’s conviction for those sentenced to probation or a fine only, but this does not seal or expunge records. Defendants may request deferred judgment of conviction in certain instances. A person who has experienced sex trafficking may petition the court to set aside a conviction or adjudication or seal records of their criminal history related to the trafficking.

Nebraska Expungement Forms and Resources

Court Records, Nebraska Judicial Branch (contains links to record relief forms)
Nebraska Expungement Forms and Guides, US Legal Forms ($)

Nevada

Relief for non-conviction records: Non-conviction records may be sealed upon petition - Nevada Revised Statutes Section 179.255
Relief for juvenile records: Most juvenile records are automatically sealed when the individual reaches age 21 but may be sealed earlier if the individual petitions after a three-year waiting period; individuals with records of certain violent and/or sexual offenses must wait until at least age 30 to petition for record sealing - § 62H.140; § 62H.130; § 62H.150
Relief for pardoned convictions: Expungement or sealing not authorized

Eligibility for Nevada record sealing is dependent on the type of offense and whether or not an individual received a subsequent conviction during the waiting period. The effect of the sealing of records is as if the proceedings recounted therein had never occurred, except under specific circumstances. Individuals who experienced human trafficking or involuntary servitude and were convicted of a prostitution-related offense may petition for sealing of records relating to that conviction. Individuals convicted of an offense before that offense was decriminalized may be eligible for record sealing.

Nevada Expungement Forms and Resources

Nevada Expungement Forms and Guides, US Legal Forms ($)

New Hampshire

Relief for non-conviction records: “Annulment” of records is available upon petition if consistent with rehabilitation and public welfare - New Hampshire Revised Statutes Section 651:5
Relief for juvenile records: Juvenile records are closed and placed in an inactive file only accessible to police officers and prosecutors once the individual turns 21 - § 169-B:35
Relief for pardoned convictions: Expungement or sealing not authorized

New Hampshire expungement, or “annulment,” may be available on petition after a waiting period dependent on the type of offense. Annulment is not available for violent crimes, felony obstruction of justice crimes, or sentences subject to certain extended terms of imprisonment. An individual sentenced by a drug court in New Hampshire may petition for annulment of the charges, arrest, conviction, and sentence at least one year after successful completion of all programs and conditions imposed by the court. Convictions for prostitution-related offenses may be vacated upon a showing that the individual was experiencing human trafficking.

New Hampshire Expungement Forms and Resources

Annulment of Criminal Records Forms, New Hampshire Judicial Branch

New Jersey

Relief for non-conviction records: Expungement must be ordered by the court at the time of dismissal, acquittal, or discharge - New Jersey Revised Statutes Section 2C:52-6
Relief for juvenile records: Some juvenile records may be sealed after two years if the individual has had no subsequent convictions or adjudications; juvenile records may be sealed immediately upon military enlistment; juvenile records may be expunged after waiting periods determined by the type of offense - § 2A:4A-62; § 2C:52-4.1
Relief for pardoned convictions: Expungement may be available

New Jersey expungement may be available if an individual has no subsequent convictions after about five years (depending on the type of offense). New Jersey also allows courts to issue a certificate at the time of sentencing to suspend certain restrictions for employment and licensure in the interest of offender rehabilitation. If an individual satisfactorily completes a court-ordered substance abuse treatment program and is not otherwise convicted or adjudged during the term of special probation, they may be eligible for expungement. An individual convicted of certain drug offenses for acts committed at age 21 or younger may apply for expungement after a one-year waiting period. Individuals convicted of prostitution-related offenses after experiencing human trafficking may apply to have the conviction vacated and records expunged.

New Jersey Expungement Forms and Resources

Expungement Forms, New Jersey Courts

New Mexico

Relief for non-conviction records: Expungement upon petition one year after final disposition of non-conviction - New Mexico Statutes Section 29-3A-4
Relief for juvenile records: Juvenile records may be sealed upon petition when the individual is 18 years of age or older and two years have elapsed since release from custody or entry of judgment if no custody or supervision was imposed and the individual has had no other felony convictions or misdemeanor convictions involving moral turpitude in the prior two years; an individual may petition the court when they are younger than 18 if good cause exists to seal records prior to their 18th birthday; juvenile records are generally confidential - § 32A-2-26; § 32A-2-32
Relief for pardoned convictions: Expungement or sealing not authorized

New Mexico expungement may be available after a waiting period dependent on the type of conviction. A sentence that is not for a capital or first-degree felony may be deferred. If an individual has not previously been convicted of a felony offense and is found guilty of a crime for which sentencing may be deferred or suspended, a court may enter a conditional discharge order and place the individual on probation. This kind of conditional discharge is only available once in a person's lifetime. A conditional discharge is not available for convictions of driving under the influence. First-time drug possession offenders may be eligible for deferred proceedings and probation. An individual convicted of a first-time drug possession offense for acts before the age of 18 may be eligible for expungement of this record. An individual charged with or convicted of crimes arising out of the actions of someone charged with human trafficking may petition for the sealing of those records.

New Mexico Expungement Forms and Resources

Expungement Forms, New Mexico Courts

New York

Relief for non-conviction records: When proceedings terminate in favor of the accused, non-conviction records are sealed unless the district attorney makes a case that justice requires otherwise - New York Criminal Procedure Laws Section 160.50
Relief for juvenile records: Most juvenile records are confidential; adjudications for non-felony offenses may be sealed at 18 years of age or older on petition; proceedings resolved in the individual’s favor are automatically sealed - § 720.35; New York CLS Family Court Act Section 375.2; § 375.1
Relief for pardoned convictions: Expungement or sealing not authorized; non-violent crimes committed at age 16 or 17 may be eligible for pardons that limit access to criminal history by private employers, landlords, and other entities

Sealing of New York conviction records may be available for most offenses other than sex offenses, certain felony offenses, and violent felonies after a 10-year waiting period. Individuals convicted of certain drug offenses who have completed a judicial diversion program or judicially sanctioned drug treatment program may be eligible for record sealing. Adjournment in contemplation of dismissal may be available for most misdemeanor offenses. Expungement may be available for minor marijuana convictions.

New York Expungement Forms and Resources

Criminal Forms, New York State Unified Court System (contains expungement and sealing forms)

North Carolina

Relief for non-conviction records: Expungement may be available on petition in cases of non-conviction in which charges were dismissed or the individual was not found guilty; partial expungement may also be available for charges dismissed in the case of multiple charges, regardless of whether all charges were dismissed - North Carolina General Statutes Section 15A-146
Relief for juvenile records: Juvenile records may be expunged when the individual turns 18 years old and petitions the court for expunction of records; expungement may require an 18-month waiting period and no subsequent convictions other than a traffic violation - § 7B-3200
Relief for pardoned convictions: Expungement may be available only for pardons of innocence (based on wrongful convictions) - § 15A-149

North Carolina expungement may be available for first-time minor non-violent felony and most non-violent misdemeanor offenders after a waiting period determined by the offense. Individuals with no more than three minor felonies and any number of misdemeanors may petition for a certificate of relief removing collateral consequences such as disqualification from public employment or licensure. First-offending individuals convicted of misdemeanors other than traffic violations before age 18 may petition for expungement of those records after a two-year waiting period or after completion of probation, whichever is later. First-offending individuals convicted of misdemeanor possession of alcohol before age 21 may petition for expungement of those records after a two-year waiting period or after completion of probation, whichever is later. First-offending individuals convicted of non-violent felonies for acts committed before the age of 18 may petition for expungement of those records after a four-year waiting period. An individual convicted of prostitution-related or most other non-violent offenses may petition for expunction if the conviction was the result of an experience in human trafficking.

North Carolina Expungement Forms and Resources

Expunction Forms, North Carolina Judicial Branch

North Dakota

Relief for non-conviction records: No statute applies, but by court rule, the public may not access records of deferred or diverted dispositions that ended in dismissal; the court may also limit access to non-conviction records on the internet upon petition if charges were dismissed or the individual was acquitted and the interests of justice would be served by limiting access - North Dakota Supreme Court Administrative Rule 41
Relief for juvenile records: Juvenile records are generally inaccessible to the public; an individual may petition for destruction of records so long as there are no criminal charges pending and good cause is shown; upon destruction of juvenile records, the proceedings will be treated as if they had never occurred - North Dakota Century Code Section 27-20-51; § 27-20-54; North Dakota Rules of Juvenile Procedure Rule 19(d)
Relief for pardoned convictions: Expungement or sealing not authorized

Sealing of North Dakota records may be available for almost all misdemeanors and felonies upon petition after a waiting period determined by the type of offense. Judges may defer sentences in favor of probation under their own motion or an individual’s petition. If a sentence is deferred and a plea of guilty withdrawn or a verdict of guilty set aside, all records become private to only the defendant and the court system. An individual convicted of a first offense of marijuana possession may petition the court to seal such records if they have not been subsequently convicted of a similar offense within two years. An individual convicted of prostitution may have their records sealed and conviction vacated if the conviction was the result of human trafficking.

North Dakota Expungement Forms and Resources

Ohio

Relief for non-conviction records: Non-conviction records, including those in which an individual is found not guilty or the case is dismissed, may be sealed upon petition if the individual shows that their interest in sealing is greater than the legitimate needs of the government; records in instances in which no bill is entered by a grand jury may also be sealed upon petition after a two-year waiting period - Ohio Revised Code Section 2953.52
Relief for juvenile records: Juvenile records other than those pertaining to murder or rape offenses may be sealed six months after discharge if the individual is under the age of 18 or immediately upon petition if the individual is 18 or older; in certain instances of non-prosecution, non-conviction, or diversion program completion, juvenile records are immediately sealed - § 2151.356
Relief for pardoned convictions: Expungement or sealing not authorized

Sealing of Ohio records may be available after a waiting period dependent on the type of offense. Aside from record sealing, Ohio courts may award certificates of qualification for employment upon petition after the individual has served their term or spent time in a department-funded program for their offense, if applicable. First offenders who demonstrate specific qualifying circumstances, such as drug and alcohol use or mental illness, may be eligible for intervention in lieu of conviction. Successful completion of the intervention plan may allow for the sealing of such records and no criminal conviction. Individuals who are convicted of certain offenses as a result of their experience in human trafficking may petition the court for expungement of those records.

Ohio Expungement Forms and Resources

Oklahoma

Relief for non-conviction records: Expungement of non-conviction records may be available in most instances, including acquittal, dismissal, and innocence established by DNA - Oklahoma Statutes Section 22-18
Relief for juvenile records: Expungement of juvenile records may be available when an individual reaches age 21 if they have no subsequent criminal behavior; if juvenile records are expunged, they are sealed for 10 years and, if not unsealed in that time, destroyed - § 10A-2-6-109
Relief for pardoned convictions: Pardoned convictions are eligible for expungement immediately - § 22-18

Oklahoma expungement may be available for non-violent convictions after a waiting period. Misdemeanors may be eligible for expungement after five years if there are no charges pending and no previous felony convictions. Minor misdemeanors may be expunged immediately. Individuals who have successfully completed a deferred judgment or delayed sentence plan with no felony convictions may be eligible for expungement of the misdemeanor after one year. First-time drug offenders may be eligible for deferred sentencing and expungement. Individuals who have experienced human trafficking and have been charged or convicted of a prostitution-related offense as a result may be eligible for expungement.

Oklahoma Expungement Forms and Resources

Oklahoma Expungement Forms and Guides, US Legal Forms ($)

Oregon

Relief for non-conviction records: Records may be set aside in cases of non-conviction in which no charges were filed after one year or the individual was acquitted or the case dismissed - Oregon Revised Statutes Section 137.225
Relief for juvenile records: Juvenile records may be expunged for most offenses on petition after the individual turns 18 if the individual has not been convicted of a felony or serious misdemeanor in the last five years; some juvenile records may be set aside if not expunged - § 419A.262; § 419C.610
Relief for pardoned convictions: Pardoned convictions may be sealed

Oregon records may be “set aside” in instances of less serious, non-violent offenses after a waiting period dependent on the type of offense. An individual convicted of certain drug offenses may be eligible for deferred proceedings in favor of probation. First offenders in most misdemeanor cases may be eligible for deferred proceedings in favor of probation. Convictions for prostitution may be vacated on petition if the conviction was the result of the individual’s experience with human trafficking.

Oregon Expungement Forms and Resources

Oregon Expungement Forms and Guides, US Legal Forms ($)

Pennsylvania

Relief for non-conviction records: Records may be expunged when no disposition is indicated after 18 months or when the court orders it; non-conviction records are private after three years when no disposition is indicated - Pennsylvania Consolidated Statutes Section 18-9122; § 18-9121
Relief for juvenile records: Expungement of juvenile records may be available when an individual turns 18 after a five-year waiting period - § 18-9123
Relief for pardoned convictions: A pardon may make records eligible for expungement

Pennsylvania expungement is not generally available for felony convictions. However, expungement may be available for convictions of minor offenses after five years. Expungement may also be available for individuals who have reached the age of 70 and have not been arrested or prosecuted within the 10 years following their final release from confinement or supervision.

Pennsylvania Expungement Forms and Resources

Forms for the Public, Unified Judicial System of Pennsylvania (scroll down for some expungement forms)
Pennsylvania Expungement Application Forms, Support Pennsylvania Expungement
Pennsylvania Expungement Forms and Guides, US Legal Forms ($)

Rhode Island

Relief for non-conviction records: Non-conviction records, including those involving acquittal or dismissal, may be eligible for sealing so long as the individual has not previously been convicted of a felony without acquittal after trial - Rhode Island General Laws Section 12-1-12.1
Relief for juvenile records: Juvenile records are generally private; all juvenile records are sealed upon final disposition - § 14-1-6.1
Relief for pardoned convictions: Expungement or sealing not authorized

Expungement of Rhode Island records may be available for first offenders, whether misdemeanor or felony, upon petition and after a waiting period, so long as it was not a crime of violence. An individual convicted of between one and five misdemeanors but not convicted of a felony may be eligible for expungement for most convictions after a waiting period. An individual who has since completed a deferred sentence may file a motion for expungement. A conviction for an offense that has since been decriminalized may be expunged. Additionally, individuals may be eligible for a certificate of recovery & re-entry if convicted of a misdemeanor or non-violent felony.

Rhode Island Expungement Forms and Resources

South Carolina

Relief for non-conviction records: Non-conviction records, including discharged charges, dismissed proceedings, or not guilty verdicts, may be destroyed after three and a half years, although records will be put under seal immediately; some records may be retained specifically for law enforcement or prosecution purposes but not private disclosure; records associated with an acquittal, dismissal, or nolle prosequi in Magistrate or Municipal Courts must be automatically and immediately expunged; if an individual was not fingerprinted for charges in Magistrate or Municipal Court that were subsequently dismissed, nolle prossed, or resolved through a not guilty finding, they may petition for expungement - South Carolina Code Section 17-1-40; § 17-22-950
Relief for juvenile records: Juvenile records for most status and non-violent offenses may be expunged upon petition after the individual turns 18 years old, with exceptions for serious crimes or repeat offenders - § 63-19-2050
Relief for pardoned convictions: Expungement or sealing not authorized

South Carolina expungement may be available for minor crimes after a three-year waiting period with no subsequent convictions. Youthful offenders between the ages of 17 and 25 may have their non-violent misdemeanor or minor felony sentences suspended in favor of probation. After a five-year waiting period with no subsequent convictions, youthful first-time offenders may petition for expungement. Deferred proceedings in favor of probation may be available for first-time minor drug offenses, and expungement may be available for recipients of deferred proceedings. First offenders for fraudulent check offenses may petition for expungement after one year. First offenders for misdemeanor failure to stop offenses may petition for expungement after three years. Individuals convicted of prostitution or trafficking-related offenses as a result of their experience in human trafficking may petition to vacate the conviction and expunge the record.

South Carolina Expungement Forms and Resources

Court Forms, South Carolina Judicial Branch (search “expungement” for form title in search #2)
South Carolina Expungement Forms and Guides, US Legal Forms ($)

South Dakota

Relief for non-conviction records: Non-conviction records, including instances in which an arrest does not lead to any charges within one year, charges are dismissed (with a one-year waiting period), or the individual is acquitted, may be expunged upon application - South Dakota Codified Laws Section 23A-3-27
Relief for juvenile records: An individual may petition for the sealing of most juvenile records one year after the date of release of jurisdiction or discharge, whichever is later, and after a finding of rehabilitation and no subsequent convictions - § 26-7A-115
Relief for pardoned convictions: Records are sealed automatically upon pardon - § 24-14-11

There is no general authority for South Dakota expungement or sealing of records for adult convictions. However, petty offenses, municipal ordinance violations, and Class 2 misdemeanors are automatically removed from the public record after 10 years. Records concerning incidents that are no longer crimes in South Dakota may be destroyed, as well as misdemeanor offenses whose final date of disposition was at least 10 years before. Individuals who have reached the age of 75 may also have their records destroyed if they have been crime-free within the last 10 years. Individuals convicted of misdemeanors or minor felonies may be eligible for suspended sentences in favor of probation, with record sealing upon discharge.

South Dakota Expungement Forms and Resources

Pro Se Expungement Forms, South Dakota Legal Self-Help

Tennessee

Relief for non-conviction records: Non-conviction records, including dismissed charges, a lack of grand jury bill, or release from arrest without charge, may be removed and destroyed upon petition - Tennessee Code Section 40-32-101
Relief for juvenile records: An individual 17 years of age or older may petition for expungement of most juvenile records if they are at least one year removed from their most recent delinquency or unruly adjudication and have not been convicted of a criminal offense as an adult; juvenile records containing only convictions for offenses that would be misdemeanors if committed by an adult may be expunged after one year upon petition - § 37-1-153
Relief for pardoned convictions: Pardoned convictions may be eligible for expungement - § 40-32-101

Tennessee expungement may be available for certain less serious, non-violent offenses after a five-year waiting period. Any individual may petition for a certificate of employability. A first-time offender of most misdemeanors or low-level felonies may be eligible for deferred proceedings in favor of probation if they do not have a prior felony or Class A misdemeanor conviction and may also be eligible for expungement thereafter.

Tennessee Expungement Forms and Resources

Tennessee Expungement Forms and Guides, US Legal Forms ($)

Texas

Relief for non-conviction records: Non-conviction records may be eligible for expungement in instances including acquittal, convictions subsequently pardoned, and a lack of charges after arrest when a certain period of time has elapsed - Texas Code of Criminal Procedure Article 55.01
Relief for juvenile records: Juvenile records are automatically sealed when the individual reaches age 19 and has not since been adjudicated for delinquent conduct violating a penal law of the felony grade; an individual at least 17 years old, or if younger than 17, at least one year removed from the date of their final discharge, without any pending matters or adult felony convictions, may petition for record sealing; records are automatically sealed if the court finds that the allegations are untrue - Texas Family Code Section 58.253; § 58.256; § 58.2551
Relief for pardoned convictions: Expungement is available for pardoned convictions - Texas Code of Criminal Procedure Article 55.01

Texas expungement or sealing of records is not generally available for adult felony convictions. First-time misdemeanor offenders may petition for an order of non-disclosure of their criminal history record. If an individual is discharged after receiving deferred adjudication community supervision, they may be eligible for an order of non-disclosure and to have their conviction set aside. First offender DWI convictions may be eligible for orders of non-disclosure. Individuals successfully completing a veterans treatment court program may be eligible for orders of non-disclosure. Individuals convicted of certain marijuana, theft, prostitution, or Class A misdemeanor solicitation offenses as a result of experiencing human trafficking and placed on community supervision may be eligible to have their conviction set aside and receive an order of non-disclosure.

Texas Expungement Forms and Resources

Utah

Relief for non-conviction records: Non-conviction records may be expunged upon petition after a waiting period if an individual is arrested but no charges are brought or the charges are dismissed; non-conviction records in instances of acquittal or dismissal with prejudice may be expunged automatically with no waiting period - Utah Code Section 77-40-104; § 77-40-114
Relief for juvenile records: An individual aged 18 or older may petition for expungement of juvenile records one year after jurisdiction of the juvenile court has terminated or the individual is released from custody - § 78A-6-1105
Relief for pardoned convictions: Some pardons may make an individual eligible for expungement - § 77-40-105

Utah expungement may be available for most offenses after a waiting period determined by the type of offense. Ineligible convictions include serious offenses, such as capital and first-degree felonies, violent felonies, and some sex offenses. Individuals with multiple convictions may not be eligible. Individuals convicted of offenses such as possession of a controlled substance, theft, or prostitution while subject to force, fraud, or coercion may be eligible to petition to vacate or modify the conviction.

Utah Expungement Forms and Resources

Expunging Adult Criminal Records, Utah Courts (scroll down for forms)
Expunging Juvenile Records, Utah Courts (scroll down for forms)

Vermont

Relief for non-conviction records: Non-conviction records may be eligible for sealing and later expungement on petition - Vermont Statutes Section 13-7603
Relief for juvenile records: Juvenile records are generally private; juvenile records may be sealed two years after final discharge of proceedings - § 33-5117; § 33-5119
Relief for pardoned convictions: Expungement or sealing not authorized

Vermont sealing and expungement of records may be available in most instances for non-violent misdemeanors and felonies. Individuals convicted of an offense no longer prohibited by law or designated a criminal offense may petition for expungement. An individual may petition for a certificate of restoration of rights five years after their most recent conviction or release from incarceration, whichever is later. Individuals who complete the conditions of a deferred sentence agreement may be eligible for expungement of such records. An individual convicted of most crimes may file a motion to vacate the conviction and expunge such records if the conviction was the result of the individual’s experience with human trafficking.

Vermont Expungement Forms and Resources

Virginia

Relief for non-conviction records: Non-conviction records relating to acquittal, nolle prosequi, or dismissal may be expunged upon petition - Virginia Code Section 19.2-392.2
Relief for juvenile records: Juvenile records are destroyed annually for any individual 19 years old and five years removed from the date of their last juvenile hearing; certain guilty offenses are not destroyed until the individual reaches age 29; guilty offenses that would be a felony if committed by an adult are not destroyed; juvenile records are generally private other than those guilty convictions that would be felonies if committed by an adult - § 16.1-306; § 16.1-307
Relief for pardoned convictions: Absolute pardons (given for innocence) entitle an individual to expungement, while simple pardons (given for forgiveness) do not

Virginia expungement or sealing of records is not generally available for adult felony convictions. First-time drug offenders may be eligible for deferred proceedings in favor of probation. Probation for first-time drug offenders will include a substance abuse assessment and a treatment or education program. Probation will also include community service.

Virginia Expungement Forms and Resources

Washington

Relief for non-conviction records: Non-conviction records are subject to deletion two years after a favorable disposition; non-conviction records are subject to deletion three years after the date of arrest or citation or warrant; some non-conviction records may be deleted upon request - Washington Revised Code Section 10.97.060
Relief for juvenile records: Most juvenile records may be sealed after an individual reaches age 18, completes probation, or is released, whichever comes later; sealing is available for most juvenile offenses after a waiting period determined by the type of offense - § 13.50.260
Relief for pardoned convictions: Pardons vacate convictions and may allow sealing of records - § 9.94A.030

Washington expungement and vacation of records may be available for most felonies and misdemeanors after a waiting period determined by the type of conviction. General Court Rule 15 allows sealing of vacated records if the court determines that the need for privacy or safety outweighs the public interest in access. Some offenders, after a waiting period determined by the offense, may be eligible for a certificate of restoration of opportunity. Some offenders may be eligible for deferred sentencing in favor of probation. Offenders successfully completing probation may be eligible for the vacation of their conviction and record thereof. Individuals convicted of most prostitution-related offenses as a result of their experience with human trafficking may be eligible for the vacation of that conviction.

Washington Expungement Forms and Resources

West Virginia

Relief for non-conviction records: Non-conviction records concerning acquittal or dismissal may be eligible for expungement; DMV records are not eligible for expungement; individuals convicted of felonies are not eligible for expungement - West Virginia Code Section 61-11-25
Relief for juvenile records: All juvenile records are generally private; juvenile records are automatically sealed after age 19 or one year after termination of jurisdiction, whichever is later - § 49-5-101
Relief for pardoned convictions: An individual who receives a pardon may petition the court for expungement one year after the pardon or five years after discharge from their sentence - § 5-1-16a

West Virginia expungement may be available for some misdemeanors and non-violent felonies after a waiting period determined by the type of offense. Some offenders may be eligible for deferred adjudication in favor of alternative conditions. After completion of alternative conditions, the individual may be permitted to withdraw their plea of guilty and have the matter dismissed, or potentially plead guilty or no contest to a lesser offense. An individual convicted of prostitution as a result of their experience with human trafficking may petition the court to vacate the conviction and expunge their record.

West Virginia Expungement Forms and Resources

Expungement of Criminal Record Forms, West Virginia Judiciary

Wisconsin

Relief for non-conviction records: Fingerprints will be removed upon request when an individual is cleared of the offense through court proceedings or released without charge - Wisconsin Statutes Section 165.84
Relief for juvenile records: Juvenile records may be expunged upon petition once the individual turns 17 years of age and has satisfactorily complied with the conditions of the court - § 938.355
Relief for pardoned convictions: Expungement or sealing not authorized

Wisconsin expungement may be available for youthful first offenders age 25 or younger at the time of the offense for certain convictions. Deferred prosecution may be available in cases of domestic violence and some sex offenses, but not expungement. Individuals convicted of prostitution may petition to vacate that conviction and expunge the record if the offense was caused by the individual’s experience with human trafficking for purposes of a commercial sex act.

Wisconsin Expungement Forms and Resources

Wyoming

Relief for non-conviction records: Non-conviction records in cases of dismissal or no charges brought may be eligible for expungement 180 days later - Wyoming Statutes Section 7-13-1401
Relief for juvenile records: Juvenile records are generally private; most juvenile records other than violent felonies are eligible for expungement once an individual reaches age 18 - § 14-6-203; § 14-6-241
Relief for pardoned convictions: Expungement or sealing not authorized

Wyoming expungement may be available for some less serious offenses (including less serious felonies) after a waiting period determined by the offense. Expungement makes records private but does not destroy them. First-time offenders of some misdemeanors and felonies may be eligible for deferred proceedings in favor of probation. Individuals convicted of prostitution-related offenses as a result of their experience with human trafficking may petition the court to vacate the conviction. Individuals convicted of underage purchase of tobacco products (or possession) may be eligible for expungement of that conviction after two years or upon reaching age 18, whichever is later.

Wyoming Expungement Forms and Resources

Wyoming Expungement Forms and Guides, US Legal Forms ($)

Last reviewed February 2023

Criminal Law Center Contents

Related Areas