Sealing is a remedy offered by courts in some states. Sealing means the public and many employers cannot see your criminal record. In some cases, records related to your criminal conviction are destroyed.
Sealing laws are different depending on your state.
To find out about sealing, select the state where your criminal record is located using the drop-down menu below:
Sealing means your record still exists, but the information should not show up on most background checks, so most employers and landlords will not see it.
Information about the offense will show up on your state RAP sheet if you have applied for a job as a peace (police) officer. The California Department of Justice will release the sealed record in response to any peace officer application request, to determine your eligibility in additional diversion programs, and if otherwise allowed by law.
Sealing of adult records is available in the following four situations:
Most juvenile records can be sealed. You will find more information at the Clean Slate Clearinghouse.
Cases that are sealed should not show up on the type of background checks that most employers are allowed to use in California.
If your record was sealed after completion of a diversion program, the arrest and the fact that you completed a diversion or deferral program must be disclosed if you apply for a job as a peace (police) officer. If a background check is conducted because you apply for a job as a peace officer, the arrest and information about the diversion or deferral program will be reported. In addition, the Department of Justice may report information about the case in other situations.
To learn more about Proposition 64, go to: California Courts.
If you were arrested but charges were not filed because you completed a pretrial diversion program or were factually innocent, you should contact the law enforcement agency that arrested you and ask the agency to seal the record. If that law enforcement agency refuses to seal your record, you will need to file a request in court.
If you are applying to have your record sealed because of factual innocence, you generally need to file your petition within two years of the arrest.
If you were arrested and charges were filed in court, but you completed a diversion program, you were not convicted because of factual innocence, or your arrest or conviction was a result of your status as a victim of human trafficking, you need to file a request in the court to have your case sealed.
In other situations, your record should be cleared automatically.
Clean Slate Clearinghouse
Roadmap to Reentry: A California Legal Guide
California Courts
Connecticut does not offer "sealing" of criminal history records, but it does offer “expungement,” also known as an "Absolute Pardon." To learn more about expungement, see section: Connecticut - Expungement.
Sealing a record in Florida means that the record is not available to the public. In general, sealing means that only courts and law enforcement can see the record. Employers should not be able to see a sealed record.
Florida offers court ordered sealing. You must first apply for a "Certificate of Eligibility" with the Florida Department of Law Enforcement (FDLE). Obtaining a Certificate of Eligibility does not guarantee that your record will be sealed. It is up for the court to decide if your record gets sealed. For more information on sealing, see: FDLE Seal and Expunge Process.
You are entitled to only one sealing or expungement in your lifetime. The sealing could involve more than one arrest or charge, but they must be closely related.
You are eligible to have your records sealed if you first apply for and receive a Certificate of Eligibility. This Certificate means that the FDLE has determined that you are legally eligible to apply for sealing. In other words, the Certificate allows you to ask the court to seal your record, but it does not mean that the court will seal it.
You are eligible to have a criminal record sealed if all of the following are true:
Under Florida's version of a "second chance" law, the record is eligible for sealing if adjudication was withheld because the court did not actually convict you.
Florida law has a long list of exceptions to this. If the court withheld adjudication, the court will not seal a record for many offenses including domestic violence, arson, child abuse, elder abuse, sexual battery, carjacking, stalking, and many more.
In summary, you are not eligible to get your record sealed in Florida if:
Once a record is sealed, only you, your attorney, law enforcement, judges, and some state licensing agencies can see the record. An employer cannot see a sealed record because the record is no longer public. Once a record is sealed, you may legally deny the charge or arrest.
You can apply for sealing:
Applying for sealing is a two step process. First, you must apply for a Certificate of Eligibility with FDLE. Next, you must file a Petition for Sealing with the court.
Here are the steps to apply for Certificate of Eligibility with the FDLE:
Certificate of Eligibility Application
For the latest version, please visit the FDLE's website here: FDLE Seal and Expunge Process.
Keep one copy of the complete application with all the attachments for yourself.
The FDLE will investigate and prepare a report on your case. This could take several months.
If you receive a Certificate of Eligibility, here are the steps to file a Petition for Sealing with the court:
To view a sample from Broward County as a guide for procedures for filing a petition to seal a criminal record, click here:
Procedures For Filing A Petition To Seal A Criminal History Record
For more information on sealing, visit: Florida Department of Law Enforcement.
This Illinois law, called the Criminal Identification Act, allows expungement and sealing of a criminal record. These two words mean different things.
This law does not apply to minor traffic offenses, divorces, the entry of an order of protection, or other civil matters.
Once your record is expunged or sealed, you do not have to tell anyone about it. In fact, it is illegal in Illinois for employers or potential employers to ask you if you have expunged or sealed records.
Some criminal records can be sealed by the court. The records remain available to courts and law enforcement, but sealed records are not available to the public. A sealed record is hidden.
You cannot ask to have a record expunged or sealed if you have a case pending.
Many felony convictions are eligible for sealing. There is a long list of convictions that can be sealed. To view the list, go to the the Office of the State Appellate Defender website:
The Office of the State Appellate Defender
Here is the list of convictions that usually cannot be sealed:
You can apply for sealing:
Here’s a short overview of the process:
The Illinois Office of the State Appellate Defender (OSAD) has very detailed instructions in a booklet called "How to Expunge or Seal a Criminal Record" that is available online. The booklet takes you through the process, step by step, with links to worksheets and the forms you’ll need to file for sealing.
To view the booklet, go to the Illinois Office of the State Appellate Defender website: How to Expunge and/or Seal a Criminal Record
Illinois Office of the State Appellate Defender
Phone: (866) 787-1776
Email: Expungement@osad.state.il.us
Illinois Legal Aid
State Appellate Defender
The Office of the State Appellate Defender
Illinois Supreme Court Standardized State Forms
Massachusetts offers "sealing" of both adult and juvenile criminal records. Sealing limits accessibility to the criminal history record. Usually, only courts and law enforcement can see a sealed record.
Massachusetts offers two types of sealing:
(1) Administrative sealing; and
(2) Sealing by a court.
In general, you are eligible to have a record sealed for misdemeanor and felony convictions and nonconvictions such as not guilty, no bill, no probable cause, dismissal without probation, and nolle prosequi.
You are eligible for administrative sealing of most misdemeanors after waiting three years and most felonies after waiting seven years.
You are eligible for sealing by a court if your case ended with a not-guilty finding, a dismissal, or a nolle prosequi. You are also eligible if you have a first time drug-possession conviction and did not violate probation or any court ordered terms.
Once a record is sealed, the Department of Criminal Justice Information Services (DCJIS) limits access to the record. Landlords and employers cannot see sealed records. Courts, law enforcement, and authorized agencies still have access to sealed records. Courts cannot use a sealed record against you when you apply for sealing in the future. If you seal your record, you may legally deny having the record.
Here is when you can apply for administrative sealing:
To apply for a court sealing, waiting periods do not apply.
Here are the five steps to apply for an administrative sealing:
Here are the seven steps to apply for sealing by a court:
There are no fees for either type of sealing.
For more information about sealing in Massachusetts, read the "Know Your CORI Rights" booklet. The booklet includes information about the process, links to forms, and other helpful websites. To access the booklet, visit the Greater Boston Legal Services website here: CORI and Juvenile Record Sealing Booklets.
Related Links
Nevada offers "sealing" of adult criminal records and juvenile records. Sealing does not delete or destroy your criminal record, but it makes the records inaccessible without a court order. Sealed records may be used in some circumstances such as criminal investigations or sentencing. Employers, landlords, and banks will not see a sealed record.
Nevada law seals most juvenile records automatically at age 21. Some records are sealed at age 30. In addition, some records can be sealed before age 21 if there are no adjudications or referrals in the last three years.
You can apply to seal records of arrest, conviction, acquittal, or dismissal. To be eligible for sealing depends on the category of the offense and other factors. There are specific Nevada statutes that affect your eligibility.
The following convictions may be eligible for sealing:
The following offenses are not eligible for sealing:
If you are uncertain whether you are eligible for sealing, consult an attorney.
Once a Nevada court seals a record, the court orders the central repository to seal their records. The court will also notify federal agencies to seal their records, but they are not bound by a Nevada court order. You are responsible to deliver copies of the Order to Seal to all the agencies, law enforcement, and other officials that were listed on your sealing petition. Once the central repository receives an Order to Seal, the sealing process will take two to four months to complete.
Once sealed, your conviction, dismissal, or acquittal goes away as if it never happened. In most cases, you can legally deny being arrested or convicted. If your civil rights, the right to vote, the right to hold office, and the right to serve on a jury were not restored before your record is sealed, they are restored immediately upon sealing.
You can apply for sealing of a conviction only after you have completed your sentence. Waiting periods apply. You must count from whatever date is the most recent such as the date of conviction, completion of sentence, completion of probation or parole, or final payment of restitution and then wait for several years.
If your conviction is for:
Sealing is handled by the county court where you were convicted. In some cases, the district attorney may "stipulate" or agree that your record be sealed. In others case, you may have to go to a court hearing.
Here are the five steps to apply for sealing:
The Nevada Department of Public Safety (DPS) has a "Sealing of Criminal History Records" document that includes general instructions, information, and relevant statutes. To access the document, visit the DPS website here: Sealing of Criminal History Records General Information.
The Papillon Foundation
Collateral Consequences Resource Center
Nevada Department of Public Safety Records, Communications and Compliance Division
New Mexico does not offer "sealing" of adult criminal records, but it does offer "expungement." To learn more about expungement, see section: New Mexico - Expungement.
Sealing means that your record still exists, but all fingerprint and palm print cards, booking photos, and DNA samples related to the sealed case are returned to you or destroyed. Digital fingerprints, even if they are from the sealed case, are not destroyed if you already have fingerprints on file from a different unsealed case. When your case is sealed, records from the Division of Criminal Justice Services (DCJS), Police, Prosecutor, and in some cases, court files, are hidden from the public.
Under the new sealing law passed in October of 2017, sealed records will remain available only to "qualified agencies." This includes agencies within the criminal justice system such as courts, law enforcement, law enforcement-related jobs, or employers responsible for issuing firearms.
There are four types of cases that are closed or sealed without you having to do anything:
1. Cases where you got a good result. This means:
2. Crimes Committed by Children.
3. Crimes committed by Youthful Offenders.
4. Violations and Traffic Infractions like disorderly conduct and trespass are partially sealed.
Since 2009, if you were convicted of a certain drug-related misdemeanor and/or felony (see Rockefeller Drug Law Reform for a list of eligible crimes), you can ask the court to have your records of those crimes sealed if you:
The new sealing law passed in October 2017 expands cases that are eligible for sealing. You may be eligible if:
You may not seal your case if:
Sealing means that the record still exists, but all related fingerprint and palm print cards, booking photos, and DNA samples are returned to you or destroyed. (Digital fingerprints are not destroyed if you already have fingerprints on file from a different unsealed case).
On your RAP sheet, cases that are sealed will be followed by the code “sealed 160.50” or “sealed 160.55” to indicate its status as sealed. When your RAP sheet is sent to employers, commercial reporting agencies, and other outside agencies who do not have access to sealed cases, your cases that have been sealed should not appear at all.
When your case is sealed, records are hidden that are related to the Division of Criminal Justice Services (DCJS), Police, Prosecutor, and in some cases, court files, except in these circumstances:
Under the new sealing law passed in October of 2017, sealed records will remain available only to "qualified agencies." This includes agencies within the criminal justice system such as courts, law enforcement, law enforcement-related jobs, or employers responsible for issuing firearms.
Under the new law, court files may still be accessible within the criminal justice system. This means that anyone who goes to the court, including an employer, will be able to see the conviction information.
Out-of-state and federal arrests and convictions are not a part of your New York criminal record. New York’s sealing rules have no effect on them. When the DCJS seals a case, they are supposed to notify the FBI to do the same thing. The FBI does not seal cases on its own, it simply responds to the requests of the DCJS. Therefore, you should make sure that your case is sealed both with DCJS and the FBI.
See section: How to Get Your RAP Sheet
Seals are conditional, meaning that being arrested for another felony or misdemeanor crime would result in the records being unsealed.
Records cannot be sealed while any charges are pending. If you are arrested or charged with a misdemeanor or felony offense following the sealing of your records, the records automatically become unsealed. If the case is then found to be terminated in your favor, the cases will once again be sealed.
Your case should be automatically sealed if the case was resolved in your favor, you completed a DTAP or other treatment program, or you are otherwise eligible.
If you were convicted, and are otherwise eligible, you may apply for sealing 10 years after the date of your conviction or release from imprisonment, probation, or parole.
Cases closed after November of 1991 that are eligible for sealing are likely to be sealed automatically (court notifies the Division of Criminal Justice Services who then seals the records).
Cases closed before 1991 are typically not sealed automatically. If your RAP sheet shows cases that you believe should be sealed, you should follow these steps:
Contact the court clerk where your case was filed and ask how to apply to seal a case, if the court records do not have a "seal order." The Court Clerk may be able to do this for you, or you may have to write a letter, or you may have to make a motion.
To find the contact information for local courts, go to: New York State Unified Court System
Use this Sample Sealing Letter as a guide to submit to the Court Clerk's office:
To find the contact information for local District Attorneys' offices, visit: New York State Prosecutors' Offices
Use this Sample Sealing Motion as a guide to submit to the Court Clerk and District Attorney's office:
If you qualify for the new sealing law passed in October 2017, follow these six steps:
Fill out an application which must include the eligible offense(s) (seeWho is Eligible) and your reasons for requesting a Sealing Application;
Use this Sealing Application to submit to the court:
For the latest version, please visit the New York State Unified Court System website here: Application to Seal a Criminal Conviction
Submit the sealing application to the court where your most serious offense occurred, or to the court where you were last convicted, if all the offenses are the same class of crime;
To find the contact information for local courts, click here: NY Courts.gov
The District Attorney’s Office in the jurisdiction where you submitted your sealing application will review your application and has 45 days to object to the application;
To find the contact information for local District Attorneys’ Offices, click here: New York State Prosecutors' Offices
For more information or to submit a challenge to a criminal record, please contact the DCJS Record Review Unit:
New York State Division of Criminal Justice Services
Record Review Unit
Alfred E. Smith Office Building
80 South Swan Street
Albany, NY 12210
Phone: (518) 457-9847 / (518) 485-7675
Email: RecordReview@dcjs.ny.gov
Division of Criminal Justice Services (DCJS)
New York State Unified Court System
North Carolina does not offer sealing of adult criminal records.
Sealing a record means that the record is not available to the public.
The record does not disappear. Government agencies such as the Bureau of Criminal Investigation (BCI), law enforcement, and court clerks keep both paper and electronic records in secure locations. In general, sealing means that only the courts and law enforcement can see the record. Most employers cannot see a sealed record.
For limited purposes, the following people can see a sealed record:
Generally, you cannot have more than one misdemeanor conviction or one misdemeanor and one felony conviction to be eligible to have your record sealed in Ohio.
A court will count the following convictions to determine eligibility for sealing:
A court will not count these offenses against you when deciding eligibility for sealing:
You are eligible to have a record sealed if all of the following are true:
Being legally eligible for sealing does not guarantee that you can get your record sealed. After you apply for sealing, a court will decide. The court will consider the prosecutor's objections, your interests in clearing your record, any proof of rehabilitation, and the state's interest in keeping records accessible to the public.
Ohio will also seal your arrest record if you were not convicted. If charges against you were dismissed or you were acquitted (found not guilty) by a judge or jury, or a grand jury issued a "No Bill" in your case, your record will be sealed.
The sealing process usually takes about four to five months.
Once a record is sealed, only you, your attorney, law enforcement, judges, and some state licensing agencies can see the record. Most employers cannot see a sealed record because a sealed record is no longer public. However, in Ohio, there are some important exceptions. If you apply for a job that includes caring for children or the elderly, or working for a bank or law enforcement, those employers may be able to see your sealed records. Police may also see those records if investigating criminal cases or if you ask for a concealed carry permit. If you are convicted of a crime in the future, the judge or jury can consider sealed convictions for sentencing.
Once your record is sealed, you may legally say on job and housing applications that you have not been convicted of the sealed crimes. If an employer uses a commercial background check company and your sealed record shows up, you may have a legal claim against the background check company.
You can apply for sealing only after your "final discharge" of the sentence for your conviction. This means that you have finished serving any jail or prison sentence, probation, or parole, and you have paid any fines and restitution. Court costs are not fines, so unpaid court costs are not a reason to deny a sealing application.
Waiting periods can apply depending on your conviction:
The clerk keeps all the records for every case filed in that court. Every application for sealing starts with the court. Each court may have its own forms and its own process for sealing. If your convictions were in different courts, you must go to each one.
Here are the eight steps to apply for sealing:
Here is when it could be helpful to talk to an attorney about sealing your record:
Most legal aid offices in Ohio will assist with applying for record sealing. In Hamilton County, the Ohio Justice & Policy Center and the Hamilton County Public Defender’s Office provide this kind of legal help. To learn more about record sealing, please visit the Ohio Justice & Policy Center website here: Ohio JPC.
The Ohio Legal Assistance Foundation has done pro bono work to help individuals with sealing, and more information can be found here: Ohio Legal Assistance Foundation.
The Legal Aid Society of Cleveland also has an online tool that assists in the sealing process, and can be found here: Law Help Interactive
Ohio Ex-Offender Reentry Coalition
The Papillon Foundation (For links to free county specific forms and instructions)
Office of the Ohio Public Defender
Ohio Attorney General
Oklahoma does not offer "sealing" of adult criminal records, but it does offer "expungment". To learn more about expungement, see section: Oklahoma - Expungement.
Oregon does not offer "sealing" of adult criminal records, but it does offer "set asides.” For more information about set-asides in Oregon, see section: Oregon - Set-Aside.
Pennsylvania offers sealing, also called "limited access." Sealing a record means that the record is not available to the public. The record does not disappear as government agencies such as the Pennsylvania State Police (PSP) and courts can still see the records for approved purposes. Most employers cannot see a sealed record.
In 2018, "Clean Slate" law expanded opportunities for sealing. Clean Slate is the first law in the nation to automatically seal certain criminal records from public view. In addition, more types of offenses are eligible for sealing under this law. This includes some first-degree misdemeanors, which can now be sealed through petitions.
Arrest records will be sealed after charges are dropped and some minor conviction records will be sealed after 10 years. Automated sealing began on June 28, 2019. By June 27, 2020, over 30 million cases will be sealed, without the cost of filing petitions in court.
Pennsylvania expanded eligibility for sealing under its Clean Slate law. Between June 2019 and June 2020, the state will create an automatic process to seal arrests (not convictions) within 60 days.
After 10 years, the state will also automatically seal records of summary convictions, such as disorderly conduct, simple trespass, and public consumption of alcoholic beverages. Some second and third-degree misdemeanor convictions will be automatically sealed after 10 years if there are no other convictions within that same time period.
Other offenses that may be eligible for sealing include these:
In other words, here is a partial list of what you cannot seal:
You will not be eligible for sealing a record if you have not paid all court fines and costs. To find out if you owe any money, go to the Unified Judicial System website here: Common Pleas Courts Docket Sheets and search by name. Then call the court where you owe the money and ask them how to pay. If you have a credit card, you can pay online here: Pay Fines, Costs, & Restitution Online.
If you owe court fees in Philadelphia, go to the basement of the Juanita Kidd Stout Center for Criminal Justice located at 1301 Filbert St, Philadelphia, PA 19107 to pay.
Sealing eligibility in Pennsylvania is complicated. You should speak to an attorney about your eligibility for sealing.
For a detailed list of excluded and disqualifying convictions for automatic sealing, visit the Community Legal Services website here: Pennsylvania Clean Slate Summary - Automatic Sealing.
If your conviction is not eligible for automatic sealing, it may be eligible for petition-based sealing. For example, certain misdemeanors of the first degree are eligible for petition-based sealing.
For a detailed list of excluded and disqualifying convictions for petition-based sealing, visit the Community Legal Services website here: Pennsylvania Clean Slate Summary – Petition-Based Sealing.
Felony convictions are not eligible for sealing at any time.
Once a record is sealed, only you, your attorney, law enforcement, judges, and some state licensing agencies can see a record. The general public, schools, landlords, and most employers cannot see a sealed record because it is no longer public.
For More information about who has access to sealed records, visit the Community Legal Services website here: Pennsylvania Criminal Record Sealing “After Care.”
You can apply for sealing only after you have completed your sentence and paid all fines and court costs.
For almost all convictions, you will have to wait at least 10 years to apply for sealing. For arrests, Pennsylvania's automatic process will seal the record within 60 days.
To find out out if your criminal record has been automatically sealed, follow the instructions here: Automatic Sealing - Check Your Public Record .
Here are the six steps to apply for petition-based sealing:
The Community Legal Services and the Pennsylvania Bar offer free clinics about the Clean Slate review process. You can find out more and register for a clinic here: Community Legal Services of Philadelphia and PA Law Help.
Your local legal aid group can also help. To find your local legal aid group, visit: Pennsylvania Legal Aid Network.
The Pennsylvania Bar has a helpful brochure about sealing and expungement online, here: Understanding Expungement and Limited Access to Criminal Records.
Puerto Rico does not offer "sealing" of adult criminal records, but it does offer "expungement" known as "elimination." To learn more about elimination, see section Puerto Rico - Expungement.
South Carolina does not offer sealing of adult criminal records.
Tennessee does not offer "sealing" of adult criminal records, but it does offer expunction. To learn more about expunction, see section: Tennessee - Expungement.
In Texas, sealing is called "Order of Nondisclosure."
An Order of Nondisclosure is a court order that seals a record by preventing its disclosure by courts, law enforcement, and other public institutions. Nondisclosure does not destroy a record but limits accessibility to it. The order does not apply to everything on your criminal record. It only applies to a single offense. You can apply for more than one order of nondisclosure.
For juvenile records, sealing is automatic for most offenses.
You must meet three basic requirements for an Order of Nondisclosure:
If you meet these three basic requirements and the specific procedural requirements below, you may be eligible for an order of nondisclosure.
In September of 2017, Texas law expanded the eligibility for Orders of Nondisclosure. There are now eight sections of the law with specific eligibility and procedural requirements. You will need to decide which of the law's sections applies to you and then satisfy those more specific requirements. The section that applies to you depends on the nature of the offense, your punishment, or your status.
You may be eligible for an Order of Nondisclosure if:
The best way to determine if you are ultimately eligible for an Order of Nondisclosure is to go to the Texas Office of Court Administration's (OCA) website. To view the OCA's "Overview of Nondisclosure" with a series of detailed questions to help you, visit: Texas Judicial Branch.
Once the record of an offense is under an Order of Nondisclosure, the criminal history information related to that offense cannot be disclosed to the public. This information can be disclosed to criminal justice agencies, authorized non-criminal justice agencies such as licensing agencies, your attorney, and you.
Some Orders of Nondisclosure have waiting periods and some do not. The general rule is that you cannot have any offenses on your record more serious than a traffic violation punishable by a fine during the waiting period.
Waiting periods vary from 180 days to 5 years depending on the specific offense. To find out the specific waiting period for your type of offense, go to the Texas Office of Court Administration's "Overview of Orders of Nondisclosure" website available here: Overview of Orders of Nondisclosure.
Here are the steps to apply for an Order of Nondisclosure:
For detailed eligibility requirements and instructions with links to forms at the Texas Office of Court Administrators, visit: Overview of Orders of Nondisclosure.
For helpful information about Orders of Nondisclosure or Expunction, visit the following websites:
Texas Department of Public Safety
Texas Judicial Branch
Texas Law Help
The Papillion Foundation
Texas State Law Library
The Texas Senate
Utah does not offer "sealing" of adult criminal records, but it does offer "expungement." To learn more about expungement, see section: Utah - Expungement.
To have records held by other agencies sealed, including those held by the Bureau of Criminal Identification (BCI), you must send a copy of your order of expungement. Once an agency receives an expungement order, it must “seal or otherwise restrict public access to the relevant records in its possession or expunge all references to the petitioner’s name in the records.”
The court that orders the expungement will automatically seal all related court orders. When a court case is sealed, information is not publicly available and if anyone asks about the expunged case, court staff respond as though the case does not exist.
Under the new Clean Slate automatic expungement law that goes into effect May 1, 2020, if your record is automatically expunged by the court, the expungement order will be sent to the Bureau of Criminal Identification.
After you receive an order of expungement and provide proof to the BCI, the agency continues to maintain all expunged records. However, the records will not be released to the public.
Vermont offers “sealing” and “expungement” of adult criminal records. Sealing does not permanently destroy records, but is moved to secure storage where access to the specifically sealed information is restricted. Information in a sealed record can only be viewed pursuant to a court order.
You may petition the Court to seal a record of a criminal conviction if:
In general, misdemeanor offenses would qualify for expungement except those related to violent or sex-related offenses, violation of a protection order or prostitution.
Felonies committed when you were 21 or older cannot be sealed. Only the following felonies qualify for sealing:
With respect to convictions for violation of 23 V.S.A. §1201(a) related to operating under the influence of alcohol or other substances, you may petition the court to seal the record if:
There is a $90.00 fee to file a petition to seal a conviction of a violation of 23 V.S.A. §1201(a) related to operating under the influence of alcohol or other substance. If you are unable to pay the filing fee, you may complete and file the “Application to Waive Filing Fees” form. To access the form, visit the Vermont Judiciary website here: Application to Waive Filing Fees. The Court will notify you if you qualify to have the filing fee waived.
Once a Vermont court seals a record, it is maintained and can still be used by the courts and law enforcement in later cases. The record is not destroyed, but is moved to secure storage where access to the specifically sealed information is restricted. Information in a sealed record can only be viewed pursuant to a court order.
You can lawfully say that you have never been arrested, charged or convicted of that offense.
You can petition to seal a conviction if:
If your petition is for sealing of a conviction for violation of 13 V.S.A. 1201(c)(3)(A) related to burglary when you were twenty five years old or younger and you did not carry a dangerous or deadly weapon during commission of the offense, you may petition the Court to seal your record if:
If you are seeking sealing of a record where you were cited or arrested but were not convicted, you may file a petition for expungement at any time.
If you were cited or arrested after June 30, 2018, sealing will typically occur without the need for you to file formal petitions.
You can apply for sealing through the State’s Attorney or the courts.
Here are the seven steps to apply for sealing through the State’s Attorney:
Here are the four steps to apply for sealing through the Courts:
The Clerk will provide the prosecutor who brought the criminal charge against you with a copy of your petition. The prosecutor is entitled to file a response to your petition. If the prosecutor agrees with your request for expungement, your petition may be granted without a hearing.
If the prosecutor is opposed to your request, the court will schedule the matter for a hearing. You must attend any hearings scheduled in your case. Failure to attend could result in the dismissal of your petition.
The prosecutor will also make a reasonable effort to notify any known victim(s) of the offense which you are seeking to expunge or seal. A victim of the offense has the right to provide a statement to the prosecutor and the court.
If your petition is granted, the court will issue an order which you can use in the event you need to prove that the offense has been expunged or sealed.
For more information about sealing and expungement in Vermont, visit the Vermont Judiciary website here: Filing a Petition to Expunge or Seal Criminal History.
Virginia does not offer sealing of criminal records, but a similar remedy called, "expungement" is available. To learn more about expungement, see section: Virginia -Expungement.
Washington does not offer "sealing" of adult criminal records, but it does offer "expungement." To learn more about expungement, see section: Washington - Expungement.
West Virginia does not offer "sealing" of adult criminal records, but it does offer "expungement." To learn more about expungement, see section: West Virginia - Expungement.
Wisconsin does not offer "sealing" of adult criminal records, but it does offer "removal" of arrest records and "expungement" of convictions. To learn more about removals, see section Wisconsin - Removal. To learn more about expungement, see section Wisconsin - Expungement.
Wyoming does not offer “sealing” of records but does offer “expungement.” For more information about expungement in Wyoming, see section: Wyoming – Expungement.