Dismissal/Set-Aside/Vacate/Shield/Felony Reduction/Removal

Dismissals, set-asides, vacate, shields, felony reduction, and removals are other remedies offered by courts in some states. Many of these remedies mean that most employers cannot see your criminal record. Dismissals, set-asides, vacate, shield, and felony reduction laws vary widely among the states that have them.

To find out about dismissals, set-asides, vacate, shields, felony reduction, or removals, select the state where your criminal record is located using the drop-down menu below:

California – Dismissal

What is Dismissal?

In California, expungements are called dismissals.

Getting a conviction dismissed means that the conviction information should not show up on a commercial background check, so most employers and landlords will not see it. The conviction will still show up on your FBI and California RAP sheets with a note that it has been “dismissed.”

If your conviction is dismissed, you do not have to tell most employers about it. You do, however, have to disclose the conviction when answering questions on an application for an occupational license, a job with the California lottery, or any job with a government agency.

Who is Eligible for Dismissal?

If you were convicted of an infraction, misdemeanor, or felony and did not serve any time in prison for the offense, you are eligible to apply to have the conviction dismissed. To be eligible, you must have completed the term of your supervision, not be serving a sentence for any other offense, and have no pending charges.

There are some convictions that can never be dismissed.

Most juvenile records can be sealed. You will find more information at the Clean Slate Clearinghouse.

What Effect Does Dismissal Have?

Once a conviction is dismissed, it should not show up on a commercially prepared background check, so most employers and landlords will not see it. If your conviction is dismissed, you are allowed to say “no” on a job application that asks if you have a conviction, unless it is one of the applications described below.

Dismissed convictions will still show up on your FBI and California RAP sheets with a note that it has been “dismissed.”

If you are applying for an occupational license, a job with the California state lottery, or a job with any government agency, you must answer “yes” if asked about prior convictions. You should explain that the conviction has been dismissed.

When and How Can I Apply for a Dismissal?

The type of conviction and the sentence you received determines when you can apply to have your conviction dismissed. You may have to wait up to two years after you have completed your sentence to have your conviction dismissed. Whether or not the dismissal is mandatory – meaning the judge must grant your dismissal petition – is also dependent on what type of conviction and sentence you receive.

Use this Petition for Dismissal form to file with the court:

Petition for Dismissal, CR-180

  • If you were sentenced to probation for a misdemeanor or a felony and you have successfully completed your probation or you were discharged early, you can file a petition to have your conviction dismissed. If you meet the criteria, including not being on any form of supervision for another offense and not having a pending criminal charge, the court must grant the dismissal.

    If you did not successfully complete your probation, you can still apply to have your conviction dismissed. It is up to the court whether or not to grant the dismissal.
     
  • If you were convicted of a misdemeanor or an infraction and no probation was ordered, you can file a petition to have your conviction dismissed one year later. If you meet the criteria, including having completed all terms of your sentence including paying all of your fines and fees, not being on any form of supervision for another offense, and not having a pending criminal charge, the court must grant the dismissal.

    If you have not completed all terms of your sentence, you can still apply to have your conviction dismissed. It is up to the court whether or not to grant the dismissal.
     
  • If you were convicted of a certain serious traffic offenses under California Vehicle Code sections 12810(a) and (2c) and you were sentenced to probation, you can file a petition to have your conviction dismissed after you complete the terms of your probation. It is up to the court whether or not to grant the dismissal.
     
  • If you were convicted of a felony, part of your jail time was suspended, and you were put on mandatory supervision, you can file a petition to have your conviction dismissed one year after you complete your sentence. It is up to the court whether or not to grant the dismissal.
     
  • If you were convicted of a felony and part of your jail time was suspended, you can file a petition to have your conviction dismissed two years after you complete your sentence. It is up to the court whether or not to grant the dismissal.
     
  • If you are a current or former U.S. military member and you were convicted of a felony and sentenced to probation with treatment, the case can be dismissed. The court should start the dismissal process but it is up to the court whether or not to grant the dismissal.

More Information About Dismissal

Clean Slate Clearinghouse
Roadmap to Reentry: A California Legal Guide
California Courts



 

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Florida - Dismissal/Set-Aside/Vacate/Shield

Florida does not offer Dismissal/Set-Aside/Vacate/Shield.

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Georgia - Dismissal/Set-Aside/Vacate/Shield

Georgia does not offer Dismissal/Set-Aside/Vacate/Shield.

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Idaho - Felony Reduction

What is Felony Reduction?

Idaho offers a reduction of a conviction from a felony to a misdemeanor.

Who is Eligible for Expungement?

If your disposition is deferred or you are not sentenced to prison, and you successfully complete probation, you may ask the court for a reduction. You must not have committed any subsequent felony or be charged with any crime, and the court must find "good cause" to grant the reduction.

What Effect Does a Felony Reduction Have?

The conviction is reduced from a felony to a misdemeanor.

When Can I Apply for a Felony Reduction?

You must wait five years after discharge, unless the prosecutor agrees to the reduction. If you were convicted of a serious violent offense, a reduction may be granted only if the prosecuting attorney agrees. This does not apply to anyone required to register as a sex offender.

How Do I Apply for a Felony Reduction?

Here are the five steps to apply for a felony reduction:

  1. Contact the prosecutor. Talk with the prosecutor and explain your circumstances. Ask if he or she objects to a motion to reduce. If the prosecutor does not object, he or she will likely agree to sign a stipulation to that effect, and judges may not question a motion for reduction if the prosecutor is on board.
  2. File a motion with the court and explain why you qualify for relief.
  3. Attend the hearing. If the judge does not agree to reduce the felony based on the filings, you may need to be prepared to have a hearing on the matter.

More Information About a Felony Reduction

For more information about felony reduction or other types of relief in Idaho, visit the related links.

Related Links

The Papillon Foundation
Collateral Consequences Resource Center

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Illinois - Dismissal/Set-Aside/Vacate/Shield

Illinois does not offer Dismissal/Set-Aside/Vacate/Shield.

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Maryland - Shielding

What is Shielding?

In Maryland, the sealing process is called "shielding." Shielding keeps the record from public view, so it is not available on Maryland's Case Search online record system. Shielding does not eliminate the record.

With shielding, the general public will not see the record. This includes employers, landlords, and banks. Judges, law enforcement, and some state agencies continue to have access to shielded records for legal purposes.

Who is Eligible for Shielding?

You must meet all of the following five requirements to be eligible for shielding:

  1. You were convicted of one of the following 12 offenses;
    • Disorderly Conduct
    • Disturbing The Peace
    • Failure To Obey A Reasonable And Lawful Order
    • Malicious Destruction Of Property In The Lesser Degree
    • Trespass On Posted Property
    • Possession Or Administration Of A Controlled Dangerous Substance
    • Possession Of A Non-Controlled Dangerous Substance
    • Use Or Possession With Intent To Use Drug Paraphernalia
    • Driving Without A License
    • Driving While Privilege Is Canceled, Suspended, Refused, Or Revoked
    • Driving While Uninsured
    • Prostitution
  2. You have waited three years after the completion of your sentence (including parole, probation, or mandatory supervision);
  3. The crimes you want to shield are not domestically related;
  4. You are not a defendant in any pending criminal matter; and
  5. You have not been convicted of any crimes within the last three years.

Finally, apply Maryland's "unit rule." A "unit" is two or more convictions arising from the same incident or facts. If you have a group of related convictions, each conviction in the group must be eligible for shielding. If one isn't eligible, then none of them are.

What Effect Does Shielding Have?

Shielding removes a record from public view. A shielded criminal record will not be accessible through Maryland's online record system called, "Case Search." A shielded record is still available to courts, law enforcement, and certain state agencies.

When Can I Apply for Shielding?

To apply for shielding, you must wait three years after you completed your sentence. The waiting period begins from whatever date is the most recent such as date of conviction, completion of sentence, or completion of probation, parole, or mandatory supervision.

How Do I Apply for Shielding?

Here are the five steps to apply for shielding:

  1. Choose one court in one county to ask for shielding. Pick either a circuit court or a district court, depending on where your eligible cases ended.
  2. Get the Petition For Shielding Under Maryland Second Chance Act form either from the court or on the Maryland Courts website here: Petition for Shielding.
  3. Complete the form. Include all your eligible convictions from one court and only one county on one petition. This is important because Maryland courts grant only one shielding petition in your lifetime.
  4. Deliver your petition to the court.
  5. Pay the fee. The $30 fee is nonrefundable no matter the outcome. The fee is for one petition, no matter how many offenses are included.

More Information About Shielding

Maryland's Judiciary website offers forms and information here: Maryland Courts. For information about shielding and to read about Maryland's "Self-Help Centers" where you can go for legal advice if you don't have a lawyer, visit: Maryland Courts Self-Help Centers and Maryland Judiciary Self-Help Materials.

Related Links

People's Law Library of Maryland - legal information about shielding
Maryland Courts - court forms and helpful brochures




 

 


 

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Michigan - Set-Aside

What is a Set-Aside?

In Michigan the term expungement is called a set-aside. If a conviction is set-aside, it will not appear on your public criminal record.

Who is Eligible for a Set-Aside?

You are eligible for a set-aside of your Michigan conviction if:

  • Your conviction is for one felony (which is a crime punishable by more than one year in prison), and you do not have any other convictions; or
  • Your conviction is for one felony, and you have no more than one or two misdemeanor convictions; or
  • You do not have any felony convictions, but you have no more than one or two misdemeanor convictions; and
  • You received your sentence for the conviction you want to set-aside at least five years ago, or you finished your probation, parole, or prison term for the conviction at least five years ago. You may apply for a set-aside five years after the most recent of these events.

If you had an earlier conviction set-aside, the court will count it when deciding whether you are eligible for another set-aside. If your earlier conviction was pardoned, the court will not count it.

Your are not eligible for a set-aside if your conviction is for:

  • A felony or an attempt to commit a felony that has a maximum punishment of life in prison;
  • Domestic violence and you have a prior misdemeanor conviction for domestic violence;
  • A traffic offense, including a conviction for driving while intoxicated; or
  • A certain sex crime or other crime.

Your are eligible for a set-aside if you committed a crime because you were a victim of human trafficking.

What Effect Does a Set-Aside Have?

If a conviction is set-aside, it will not appear on your public criminal record. For example, if an employer or agency gets your criminal record on the Internet Criminal History Access Tool (ICHAT), a conviction that is set-aside should not appear. The conviction will remain on the records used by law enforcement, judges, and government for sentencing and licensing.

When Can I Apply for a Set-Aside?

You can apply for a set-aside of a conviction five years after you received your sentence or finished your probation, parole, or prison term. You may apply for a set-aside five years after the most recent of these events.

If you are eligible for a set-aside because you were a victim of human trafficking, you can apply any time after the conviction.

How Do I Apply for a Set-Aside?

To apply for a set-aside, you must ask the court that convicted you to set-aside the conviction.

Here are the ten steps to apply for a set-aside:

  1. Fill out the Application To Set Aside Conviction. To access this application, visit the Michigan One Court of Justice Website here: Application To Set Aside Conviction Form. The application is also available at the clerk of the court where you were convicted.The application form has complete instructions on the second page.
  2. Include a certified record of each conviction that you want set-aside with your application. You can get this certified record from the court clerk in the court where you were convicted.
  3. Pay the fee for each record.
  4. Get fingerprinted. Make sure to include a complete set of your fingerprints (an RI-8 card) with your application.
  5. Pay the $50 filing fee to the State of Michigan.
  6. Sign your application under oath in the presence of the court clerk or a notary public.
  7. Make four copies of everything.
  8. Mail or deliver a copy to the Michigan State Police Criminal Justice Center at this address:

    Michigan State Police
    Cashier's Office
    P.O. Box 30266
    Lansing, MI 48909-7766
     
  9. Mail or deliver a copy to the Michigan Attorney General at this address:

    Michigan Department of Attorney General
    G. Mennen Williams Building, 7th Floor
    525 W. Ottawa Street
    P.O. Box 30212
    Lansing, MI 48909
     
  10. Mail or deliver a copy to the prosecuting attorney of the county where the conviction occurred. Keep one copy of the complete application with all the attachments for yourself.

The court will hold a hearing on your request to set-aside a conviction. You must attend the hearing, or your request will be dismissed. The prosecuting attorney will notify any victims of your crime, and they may appear at the hearing or send written statements to the court.  If the judge decides that your behavior from the time you were convicted and the time you filed your application shows that you deserve a set-aside, and that setting aside the conviction “would not threaten the public welfare,” then the judge will probably set aside your conviction. 

More Information About a Set-Aside

Related Links

Michigan Legal Help
Process for Expunging Adult Criminal Records in Michigan

 

 


 





 

 

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Montana – Removal

What is a Removal?

Montana offers removal of adult nonconviction records. Removal deletes a record from the Criminal Records and Identification Services Section (CRISS) database and destroys hard copies of the record.

Who is Eligible for a Removal?

You are eligible for nonconviction removal if:

  • Your charges were dismissed, dropped, or not filed; or
  • You received a deferred prosecution/dismissal or an acquittal.

If you are uncertain whether you are eligible for record removal, consult with an attorney.

What Effect Does a Removal Have?

Once a record is removed by CRISS, it is gone. The record is deleted from the online criminal history database (CHOPRS), and all paper copies are destroyed.

When Can I Apply for a Removal?

After July 1, 2017, CRISS automatically removes all nonconviction arrest records. For records before that date, you can apply for removal at any time.

How Do I Apply for a Removal?

Here are the three steps to apply for a removal of nonconviction arrest records dated before July 1, 2017:

  1. Download the record removal form, titled "Expungement Request Form." To access the form, visit the Montana Department of Justice website here: Expungement Request Form.
  2. Complete the form.
  3. Submit the form to the Montana Department of Justice Criminal Records and Identification Services Section (CRISS).

More Information About Removal

For more information about nonconviction removal in Montana, visit the Montana Department of Justice website here: Non-Conviction Removal and Sealing.

The Montana Department of Justice created a flow chart explaining the nonconviction removal process. To access the flowchart, visit the Montana Department of Justice website here: Record Removal, Sealing, and Expungement Flowchart.

For helpful information about nonconviction removal in Montana, visit the related links.

Related Links

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New York – Dismissal/Set-Aside/Vacate/Shield

New York does not offer dismissals, set-asides, vacates, or shields.

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Texas - Dismissal/Set-Aside/Vacate/Shield

Texas does not offer Dismissal/Set-Aside/Vacate/Shield.

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Wisconsin - Removal

What is a Removal?

Removal deletes the arrest information from the Department of Justice records, but it has no effect on court or police records.The Wisconsin Crime Information Bureau (CIB) handles removals.

Who is Eligible for a Removal?

You are eligible to have arrest information removed if the charges were dismissed or not prosecuted, you were released without charges being filed, or you were found not guilty or acquitted by a court. 

You are not eligible for removal in any of these situations:

  • If the charges were part of an arrest "event," and some charges arising out of that event are not eligible for removal (all charges must be eligible);
  • If the arrest involved "custody transactions": warrants, probation violations, or extradition;
  • If the information was already expunged by a court;
  • If the offense resulted in a conviction, and the court agreed to expunge the record if you successfully completed all conditions of your sentence;
  • If first-offender or youthful-offender status controlled the disposition of the charges, and  the charges were not dismissed; or
  • If the charges were amended to a lesser offense.

If you are uncertain whether you are eligible for a removal, consult with an attorney.

What Effect Does a Removal Have?

The Wisconsin Department of Justice (DOJ) removes an arrest record from its files. If the arrest information was reported to the FBI, the DOJ will notify the FBI to remove that record from its files. The DOJ's removal has no effect on court or police records. These records remain and are accessible by law enforcement and courts.

Once a record is removed, it cannot be considered at a later sentencing, for impeachment at a trial, or for enhanced sentencing. Employers cannot use a removed record to show that the offense is "substantially related" to a job. In other words, an employer cannot deny employment based on a removed record.

When Can I Apply for a Removal?

You can apply for removal of arrest information at any time. In some cases, the process for removal is almost automatic.

How Do I Apply for a Removal?

Here are the three steps to apply for a record removal:

  1. Complete the “Wisconsin Fingerprint Record Removal " form. To access the form and instructions, visit the Wisconsin's Crime Information Bureau (CIB) website here:  Wisconsin Fingerprint Record Removal Request
  2. Make copies of everything.
  3. Send the completed form and fingerprint card to the CIB address here:

Crime Information Bureau
Attn: Criminal History Unit
P.O. Box 2718
Madison, WI 53701-2718

There is no fee.

More Information About a Removal

For more information about removal  in Wisconsin, call Wisconsin's Criminal History Unit at (608) 266-7314 or the unit supervisor at (608) 261-6267/(608) 266-0872. To access published forms and helpful brochures, visit the Office of Court Operations website here: Removal of Arrest Information.

Related Links

The Papillon Foundation - Wisconsin Criminal Record Resources
Collateral Consequences Resource Center
Wisconsin Circuit Court
Wisconsin Court System
Wisconsin Department of Justice
State Bar of Wisconsin

 


 

 

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