You will no longer be required to disclose your conviction when applying for a private-sector job. This can be extremely helpful in securing employment. Additionally, it is against California law for an employer to discriminate against an employee or prospective employee based on expunged convictions. Expungement may assist you in applying for and securing government employment. As with private-sector employers, government employers will be required to treat applicants with dismissed convictions as though they have not had any convictions.
Expungement may assist you in joining professional organizations or acquiring professional licensure. For further information regarding your employment rights after expungement, contact your attorney or read Penal Code Helfend did an amazing job defending my case, I highly recommend him to anyone in need of a great criminal defense attorney.
Your conviction may still affect your driving privileges. If your conviction affected your right to hold public office, expungement will not restore that right. If you are required to register as a sex offender, an expungement will not relieve you of that requirement and your status as a registered sex offender will remain available to the public. It may also be possible to have a felony reduced to a misdemeanor, which may restore your firearm rights.
These alternative strategies will be discussed in more detail below. Not everyone who has been convicted of a felony or misdemeanor is eligible for a dismissal. Additionally, there may be details of your case that change the circumstances of your filing process. Before you begin the process of actually filing for dismissal, you will want to become familiar with the details of your specific case and determine whether or not you think you are eligible to have your record expunged. Your attorney can assist you in following these steps:.
All of the relevant information needed should be included in the court papers you received at the time of your conviction. Additional copies of your records can be obtained from your attorney, your parole or probation officer, or the superior court where you were convicted. You may be charged a fee to obtain your records. The California State Dept.
Keep in mind that it may take up to several weeks for ordered records and papers to arrive in the mail. Convictions of violations under some specific Penal Codes may affect your eligibility. If you are unsure about your eligibility, consult your attorney. If you were never on probation or have successfully completed your probation, you are qualified for expungement.
If you are still on probation, you must have your probation terminated before you can apply for expungement. In order to have your probation terminated, you must petition the court. Termination of probation is up to the discretion of the court. A hearing will be held consider the following issues:. If you have violated the terms of your probation, you may still apply for expungement and can still attend a hearing to determine whether your probation will be terminated.
Now that you understand what expungement is, what it can do for you, and whether or not you think you might be eligible, you are ready to take the necessary steps toward applying. Below is a list of the steps you will need to take in order to file:.
In , Pennsylvania became the first state to make expungements in certain cases automatic—eliminating the requirements of filing a petition and paying a fee. Utah and California passed similar laws in Not all criminal records will be automatically expunged in these states. Typically, criminal records that qualify for automatic expungement include infractions and misdemeanors or arrest records where no charges were filed.
For more serious convictions, an individual might still need to file a petition with the court and pay fees. The effect of an expungement also varies from state to state. The record is almost always still available for law enforcement or a court to see. In some places, the record is sealed from public viewing, and in others, like California, the record will still be publicly available but the conviction will say "dismissed.
Often you don't need to disclose an expunged conviction or arrest on a job, housing, or licensing application. However, even if you're not legally obligated to disclose a conviction, an employer or landlord might still be able to find evidence of the criminal record on the Internet, as information that was once public is difficult to erase online.
You might want to consult an attorney or employment specialist to get advice on whether to disclose prior convictions or arrests in these situations. Many states have recently expanded laws on expungement in an effort to limit the consequences of a conviction and prevent records from following a person forever. Even if your criminal record is not currently eligible for expungement, it pays to keep checking—as the laws in this area are constantly changing and relief might become available at a later date.
Speaking to a lawyer or visiting a court self-help center or legal aid clinic can help you navigate your state's expungement laws and figure out what relief you might be eligible for in order to minimize the effect of a criminal record.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Records of juvenile adjudications are generally confidential except for serious offenses. See Fla. Expungement for nonjudicial record of minor's arrest non-violent, first offense upon successful completion of diversion program.
Expungement defined as destruction of record. Other records may be destroyed by the court after age Court has discretion to order sealing or expungement of non-conviction records of first offenders, with certain exceptions. Expungement results in destruction of record; sealing permits limited law enforcement, employment, licensing access. Per law, most non-violent misdemeanors eligible for sealing, and pardoned felonies also eligible. Discharge without adjudication after completion of probation under the First Offender Act "completely exonerate[s]" the defendant and has no effect on "civil rights or liberties.
Restores firearms privileges. Limits use of record to deny employment ex. First offender drug possession convictions may be restricted and sealed. Sealing also available for juvenile victims of human trafficking see relevant column to right.
Law enacted in makes pardoned convictions eligible for record restriction. Sealing upon motion to the court after a two-year waiting period and finding of rehabilitation.
Records of youthful under 21 misdemeanor convictions may be "restricted" after five years, making them unavailable to public or licensing boards. Vacatur and sealing for juvenile victims of human trafficking convicted of "a sexual crime" related to the trafficking. If released before indictment or acquitted, public access to record may be "restricted" after waiting period depending on seriousness of charges.
Exceptions apply for certain dispositions. Deferred adjudication for nonviolent first offenders, Haw. No conviction results, and expungement after one year upon application to the Attorney General, and to court. Deferred adjudication for first-time drug possession; expungement if crime committed under age Convictions for prostitution and related offenses may be vacated on petition after three crime-free years. Juvenile records confidential and per se sealed. Court may expunge juvenile records only if no charges brought or individual held "not responsible.
Only criminal justice agencies and agencies authorized by Hawaii's laws may access non-conviction information. In addition, upon application by the affected individual, the Attorney General "shall issue an expungement order annulling" record of arrest if no conviction results.
Person "shall be treated as having not been arrested. Person may apply to the court for expungement of court records. Reduction of felony to misdemeanor after completion of probation, with concurrence of prosecutor if earlier than five years or if crime of violence; offenses requiring sex offender registration not eligible.
Idaho Code Ann. No sealing or expungement of record. Certain sex offenders may petition for "expungement" from registry after 10 years. Set-aside of plea where sentence deferred or suspended upon successful completion of probation, or reduction of felony to misdemeanor conviction; restores rights but no authority for sealing not applicable to serious violence and sex offenses.
Juvenile convictions may be expunged after waiting period except for serious offenses. Non-conviction records may be sealed upon request, except for deferred adjudication. Sealing for most misdemeanors and felonies after 3 year waiting period. Exceptions for limited number of serious offenses. Must be disclosed to agencies authorized to conduct background checks. Courts authorized to remove employment and licensing bars through certificate of good conduct.
In addition, consideration of conviction limited for certain licenses where court issues certificate of relief from disabilities. Deferred adjudication for first-time non-violent offenders; expungement five years after successful completion of probation.
Predicate offense if within five years. Record destroyed. Yes predicate. Expungement of prostitution convictions by petition, including by DA, authorized in Immediate sealing for victims of human trafficking upon the completion of his or her last sentence, if his or her participation in the underlying offense was a direct result of human trafficking.
Pardon instrument may authorize expungement. Automatic expungement of all but the most serious offenses after 0 to 2 year waiting period. Otherwise, expungement upon petition after 2 years, except for first degree murder and sex offenses. Automatic sealing of non-expunged records. Sealing of non-conviction records without qualification on eligibility available immediately upon disposition.
Additionally, charges that resulted in acquittal or dismissal may be expunged upon petition to the court if no prior felony conviction. Expunged records "remain public," although must be "clearly and visibly marked" as being expunged. Records of misdemeanors and minor felonies must be expunged if eligible, and are automatically "sealed" upon expungement, which limits public access without a court order even to a prosecutor.
Sealing from state police after 15 yrs. Deferred adjudication for drug abusers and alcoholics charged with less serious felonies, if one prior and no charges pending.
No mention of notice to prosecutor of hearing unlike statute applicable to trafficked children, below. Pardon "wipes out guilt" and automatically becomes basis for judicial expungement. State v. Bergman, N. Court may expunge juvenile records at any time upon petition. In , court authorized to automatically expunge juvenile convictions ex.
Records are destroyed. Prosecutor must be informed, and a hearing must be held. Expungement mandatory if eligible. Once records are sealed "only a criminal justice agency may access the records without the order of a court. Iowa Code C. Deferred adjudication followed by expungement for first offenders. Predicate offense. Non-forcible felony records are preemptively non-public. Iowa Code Ann. Forcible felony records may be made non-public upon application.
Sealing at majority upon application to the court after a two-year waiting period if no subsequent offenses. Not reported on criminal history from age 21 on if no serious offenses between age 18 and Records of acquittals and dismissed charges excluding deferred adjudication "shall" be expunged after days. All court debt must be paid. See also Iowa Code Ann. Waiting period of years; serious violent and sex offenses excluded.
Also no expungement if required to register under KS offender registration act. Presumption in favor of expungement if court makes certain findings. May deny conviction except for certain law enforcement, employment and licensing contexts. No guns, predicate offense. Any victim of human trafficking convicted of prostitution may petition the convicting court for the expungement of such conviction after one year from completion of sentence, if they can prove they were acting under coercion meaning threats of bodily harm physical restraint.
Expungement of juvenile adjudications, except for serious or violent offenses, following a two-year waiting period if the person is at least age 23 and has no subsequent offenses.
Record "shall" be expunged on petition where court finds after hearing that no conviction resulted from arrest including where charges dismissed , subject to certain court-ordered grounds for disclosure.
May deny arrest. Specified Class D felonies may be vacated 5 years after completion of sentence, and the record expunged. Expungement results in destruction of record, except for index kept by court. Mandatory for single offense history; discretionary for multiple offense history. May deny existence of record.
Sex offenses or offenses against a child are ineligible. Deferred adjudication and diversion for Class D felonies if no prior felony within 10 years; no conviction results, and expungement available if charges dismissed. Persons convicted of prostitution not involving violence may move the convicting court, 60 days after final judgment, to expunge all records if they can show that their participation in the offense is the direct result of being a victim of human trafficking.
Pardoned convictions may be set aside and expunged. Vacatur and expungement available, upon petition after a two-year waiting period. Court has discretion, on petition and after a hearing, to expunge records of misdemeanor or felony cases that result in dismissals with prejudice or acquittals, as well as charges not resulting in indictment after 12 months effective June 26, , dismissals without prejudice are eligible after five-year waiting period.
Most misdemeanors after five clean years , many felonies after 10 clean years , and non-conviction records may be expunged. Code Crim. Record closed to public but remains available for law enforcement and certain licensing purposes. Effective , those entitled to first offender pardon, including drug but not violent offenses, eligible for expungement. Art A 3. Deferred sentencing resulting in set-aside and dismissal for first felony convictions sentenced to probation.
Expungement under Art. Expungement available immediately upon termination of juvenile court jurisdiction for most adjudications. Expungement of prostitution convictions for juvenile victims of human trafficking. Both felony and misdemeanor non-conviction records may be expunged on petition, but remain available to law enforcement and for certain licensing purposes.
Records of convictions for Class E misdemeanor crimes committed between 18 and 21 may be sealed after 4 years if the person has not been convicted of any other offenses and has no charges pending. A person who has pled guilty to a Class C, Class D or Class E crime is eligible for a deferred disposition, after which the record is confidential and not available to the public except upon specific request.
Information re: pardoned convictions considered "non-conviction" data, though may be available to public upon request. Can delete from FBI record after 10 years per tit.
Sealing, upon petition, for all adjudication records after a three-year, crime-free waiting period. Non-conviction records may not be publicly disseminated after one year, but disclosure may be made to "[a]ny person who makes a specific inquiry. Enumerated felonies theft, burglary, drugs and specified misdemeanors may be "expunged" after crime-free years. Expungement for specified nuisance convictions. Expunged records destroyed after 3 years. Rule Crim. Deferred adjudication PBJ available for certain crimes, record may be expunged, destroyed after 3 years.
No predicate effect. Jones v. Baltimore City Police Dep't, A. Expunged record may be opened only upon court order, with notice to the person concerned and a hearing, or upon ex parte application by the State's attorney and a showing of good cause including that the record is needed by law enforcement. Violation a misdemeanor. Destruction after three years. Under Second Chance Act of a handful of minor misdemeanor convictions are eligible for "shielding.
States attorney must agree to the motion. Non-violent first offenders pardoned may petition for judicial expungement. DNA records may be expunged under Md. Destruction after 3 years. Expungement for charges transferred to juvenile court per Md. Juvenile court records are generally unavailable to the public.
Records may be completely sealed at any time for good cause, and must be sealed at age Arrest records not leading to charges are automatically expunged, and other non-conviction records may be expunged upon disposition; probation before judgment cases must wait 3 years. Expunged records may be opened only upon court order. Felonies may be sealed after 10 years if no subsequent conviction misdemeanors 5 years , but no expungement.
May deny conviction in employment application, but no guns, predicate offense. Laws ch. See also Mass. Per Mass. Pardon seals automatically, recipient may deny conviction.
May be used as predicate. Records of adjudication may be sealed after 3-year crime-free waiting period. See also column on vacatur for victims of human trafficking. Cases where defendant acquitted "shall" be sealed. Cases where charges dismissed "may" be sealed by court if "substantial justice would best be served. May deny sealed arrest on private employment application. Prior to April Set-aside for first felony offenders with no more than two prior misdemeanors; also for two misdemeanors if no felonies.
Record unavailable to public. May be used by law enforcement and courts. No statutory authority for sealing of court records, but Michigan courts are authorized to seal the record of any case under Michigan Court Rule 8. Set-aside is not available for felonies punishable by a life sentence; specified sex offenses; traffic offenses if they involved alcohol, injury or commercial licensees; and a felony domestic violence conviction if the person has a misdemeanor domestic violence conviction.
An unlimited number of minor misdemeanors would be expunged seven years after imposition of sentence; and, up to four more serious misdemeanors and up to two felonies eligible for relief under the expanded petition-based standards see above would be automatically expunged 7 or 10 years after imposition of sentence or release from imprisonment, respectively, provided that certain conditions are met no pending charges in the state database, no additional convictions in the waiting period.
In the case of more serious misdemeanors and felonies, a person with more than one conviction for an assaultive crime broadly defined is ineligible.
A broad range of crimes involving violence or dishonesty, or subject to a lengthy sentence, are ineligible. A person who is convicted of prostitution or related offenses may apply to have that conviction set aside if offense committed as a direct result of his or her being a victim of a human trafficking violation.
Subject to exceptions, mandatory destruction of diversion records after reaching age 17; all other records at age MCR 3. Sealing upon petition and finding of good cause.
Set-aside of up to 3 delinquency adjudications upon meeting certain criteria. See Mich. Michigan Courts have a policy of making their own corresponding records non-public in any situation covered by the statutes applicable to law enforcement agencies and the MSP discussed above. Expungement sealing available for all misdemeanors and many minor non-violent felonies, after waiting period of years.
Applies to both court and executive branch records. Minor felonies may be reduced to misdemeanors. Sentence reduction Trial court has common law expungement authority; balancing test applied. Sealing of conviction records available for juveniles tried as adults once finally discharged or probation successfully completed some law enforcement exceptions. Recipient may deny conviction. Adjudication records other than for felony offense at age 16 or older generally available only to victim, schools, and government agencies for specified purposes and only until age Expungement of juvenile delinquency adjudications available for certain offenses and case dispositions.
Expungement upon petition of records resolved favorably to petitioner; presumption in favor of relief. Expungement of first offender misdemeanors, specified felonies, and less-serious youthful felonies. Restores the person's legal status, but employer may inquire about existence of expungement. Law enforcement retains.
Deferred adjudication followed by dismissal for misdemeanors and certain felonies. Expungement "shall" follow successful completion. Vacatur of convictions for violating the Human Trafficking Act, which includes but is not limited to convictions for prostitution.
Sealing upon reaching age 20 if case dismissed or set aside; judge has discretion to seal and unseal. Expungement of misdemeanor records not resulting in conviction.
See also deferred adjudication. Waiting period one year for misdemeanors after completion of sentence, three years for felonies, if no intervening convictions. All fines must be paid. Only one felony and two misdemeanors may be expunged in a lifetime. Records must be disclosed for licensing and certain employment purposes. Bad check felonies and a few public order misdemeanors may be expunged, but limited effect.
First time alcohol-related misdemeanors, after 10 yrs. Expungement of prostitution convictions by a minor acting under coercion Mo. Records generally unavailable to the public. Court motion may seal and destroy records after age Juvenile driving records may be expunged after two years or upon reaching age Immediate expungement for arrest based on false information, most misdemeanor motor vehicle offenses if nolle pros.
Expungement available for all misdemeanors once in a person's lifetime. Deferred sentencing for first felony offenders and misdemeanants, after which charges dismissed and access to records limited but not "expunged" or destroyed.
I sec. Automatic sealing of youth court and probation records upon reaching majority. May seek court order limiting availability prior to majority. Upon request of individual or order of court, all records in possession of law enforcement agencies in cases not resulting in conviction, or where conviction invalidated, must be "returned to the subject.
No authority to seal or expunge adult convictions. Court may set aside conviction for those sentenced to probation or to a jail term of one year or less, which "nullifies" conviction and removes "all civil disabilities and disqualifications" but does not expunge or seal record.
A victim of sex trafficking may move sentencing court to set aside any offense committed as a direct result of victim status. Same effect as an order setting aside a conviction except that sealing is also available upon petition.
Any person who has received a pardon may file a motion with the sentencing court for an order to seal those records. Automatic and petition-based sealing. Adjudication treated as if it never occurred. Expungement only where an arrest is due to police error. Mandatory sealing of non-conviction records after brief waiting period. Records not resulting in prosecution may not be disseminated to the public after a period of one year; records where charges were not filed because of completed diversion are not available to the public after two years; and records where charges were filed but later dismissed by the court are removed from the public record immediately.
Expungement also available for arrest records resulting from law enforcement error. Sealing available after 2-toyear waiting period for felonies depending on offense and year waiting period for misdemeanors, if no subsequent conviction during waiting period. Conviction may be denied with law enforcement and firearms exceptions. Presumption in favor of sealing if eligibility criteria met unless "dishonorably discharged" from probation or parole.
Convictions for subsequently decriminalized conduct are presumptively sealed upon written request to the court. AB Automatic sealing upon reaching age 21 for most offenses. Earlier sealing upon petition and a hearing after a three-year waiting period. Defendant may petition court for sealing of non-conviction records at any time after completion of case, may deny arrest.
Presumption in favor of sealing if eligible. Convictions for most non-violent offenses may be "annulled" after waiting periods of 1 to 10 yrs.
Public access to annulled records limited. However, record may be given predicate effect. Courts may establish a drug court. Upon successful completion a person's case may be disposed of by the judge by withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.
A person sentenced by a drug court may, at least one year after successful completion of all programs and conditions imposed by the drug court, petition for annulment of the charges.
Convictions for prostitution and related offenses may be vacated upon petition, after a hearing, upon a finding, by clear and convincing evidence, that the defendant's participation in the offense was a direct result of being trafficked. Records closed and placed into an inactive file upon reaching age 21, with access remaining for law enforcement.
Non-conviction records may also be "annulled" by court subject to "public welfare" standard that applies to convictions; if annulled , arrest deemed never to have occurred. Mandatory expungement upon a finding of a wrongful arrest. See AB adding new section to Ch. Expungement for certain first "indictable offense" after 6 years, reduced effective June to five years. May deny record except in connection with judicial and law enforcement jobs. Expungement of up to 4 disorderly persons offenses after 5 years may be reduced to 3 years if "in public interest".
May deny record except for judicial and law enforcement jobs. Deferred adjudication and sealing for minor drug offenses after 6-month waiting period. Drug court records may be expunged under N. Expungement of low-level 1st offender drug offense committed before age 21 after 1 year.
A person convicted of prostitution or a related offense may file a petition for vacatur at any time after conviction, and seek expungement of the record at the same time.
Automatic sealing and expungement of certain marijuana offenses. Pardon makes eligible for expungement. In re L. Expungement available after year waiting period, depending on seriousness of offense. Arrest and other non-conviction data "must" be expunged at the time of disposition, with no petition required; episode deemed never to have occurred.
Waiting periods of between two and 10 years after completion of sentence including payment of fines and fees depending upon seriousness of crime, if no intervening convictions and restitution paid.
Court must determine "justice will be served" by order to expunge, applying a multi-factor test. Deferred sentencing following plea resulting in conviction available except in first degree felony cases; rights restored but conviction remains.
Conviction has predicate effect, available only once. Does not qualify as "set-aside" for purposes of avoiding federal firearms restrictions. Conditional discharge without finding of guilt available once in lifetime except in first degree felony case. Record not expunged, but rights are not lost. Automatic expungement of an offense involving cannabis that is no longer a crime or would have resulted in a lesser offense under the Cannabis Regulation Act.
SB 2, Section 5. In addition to the general conditional discharge authority under N. A victim of human trafficking who has been "charged with crimes arising out of the actions of someone charged with human trafficking" may petition to have all records sealed, as long as the "charge or conviction is for a non-homicide crime.
Juvenile records generally confidential. Court must seal records relating to juvenile delinquency petitions after both reaching age 18 with exceptions and after 2 year waiting period if no subsequent felony or misdemeanor involving moral turpitude. Treated as though proceeding never took place. No reference to court debt. See HB , not yet codified. Repeals administrative authority to expunge arrest records for certain misdemeanors.
Sealing of convictions other than sex offenses and class A felonies and violent felonies after 10 years. Available for up to two offenses, only one of which may be a felony. Record remains accessible to agencies authorized to conduct background checks.
Conditional sealing of certain felony drug and other specified convictions for participants in judicial diversion program, or in drug treatment program sanctioned by prosecutor or court. Certificate of Relief from Disabilities, N. At any time after the entry of a judgment for a conviction for prostitution, Vacate judgment for prostitution conviction by victim of human trafficking. Automatic expungement of certain marijuana convictions.
No statutory authority to seal or expunge pardoned convictions. Youthful offender pardons: Cuomo program to pardon for crimes committed at age 16 or 17, limits access to criminal history by private employers, landlords, other companies. Youthful offender adjudication records are generally unavailable to the public. Delinquency adjudications for non-felony offenses may be sealed once reaching age 16 upon petition. Delinquency proceedings resolved in juvenile's favor are automatically sealed.
Sealing automatic upon termination of the action in favor of a person including deferred adjudication , unless the district attorney demonstrates "that the interests of justice require otherwise.
See also authority to expunge youthful offenses in specialized offense column Minor felonies and misdemeanors eligible for judicial Certificate of Relief to remove collateral sanctions; Certificate may be considered favorably in determining whether to disqualify from public employment or licensure.
Deferred adjudication for first-time minor drug offenders. No conviction results if probation successfully completed. Expungement of records only if under Deferred adjudication for cyberbullying offenses committed under age May be expunged. Certain gang offenses committed by first offender under age 18 may be expunged.
Juvenile records generally unavailable to the public. May be sealed by court order. Sealed records may be disclosed by court order. Expungement available upon reaching majority after an month waiting period after demonstrating good behavior and no subsequent convictions. Where charges are dismissed or the person found not guilty, record automatically expunged effective in cases after Dec.
Prior felony eligibility deleted in Thereafter may deny record. Partial expunction available by petition for dismissed charges in a case involving multiple charges regardless of whether all charges were dismissed.
Other eligibility requirements apply. Effective August 1, , misdemeanors and felonies may be sealed upon petition, with waiting periods of three and five years, except that violent felonies must wait 10 years.
Sex offenses ineligible. Minor felony convictions less than one year prison may be reduced to a misdemeanor after service of sentence. Deferred imposition of sentence available per N. See also N. First offender marijuana possession may be sealed if not subsequently convicted within 2 years.
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