Expungement is a remedy offered by courts in some states. Expungement means the public and most employers cannot see your criminal record. Expungement laws vary widely among the states that have them.
To find out about expungement, select the state where your criminal record is located using the drop-down menu below:
In California, expungements are called dismissals. For information about dismissals in California, see section: California - Dismissal
Connecticut offers expungement, also known as an “absolute pardon,” which results in your criminal history record being erased. Once you are granted an absolute pardon, all police and court records pertaining to your case are erased. The state destroys of all of your court records. The state may not disclose the information to anyone, including law enforcement.
Connecticut is supposed to automatically expunge or pardon charges for criminal offenses if:
You are eligible for expungement, also known as an absolute pardon, for misdemeanor of felony convictions, if:
Expungement, also referred to as an “absolute pardon,” erases your record. All police and court records pertaining to your case are erased, the state may not disclose the offense to anyone including law enforcement, and the state must destroy the court records. You may legally deny the arrest.
If you are applying for an absolute pardon, your application may also be considered by the Board of Pardons and Paroles for a Certificate of Employability. To learn more about Certificates of Employment, see section: Connecticut - Certificate of Employability.
You can apply for an expungement or absolute pardon three years after the date of the disposition of your most recent misdemeanor conviction and/or five years after the date of the disposition of your most recent felony conviction.
Here are the 16 steps to apply for an expungement, also known as an absolute pardon, in Connecticut:
The staff will review your application to determine if you will be scheduled for an Expedited Review without a hearing or a standard pre-screen review. If you were convicted of non-violent offenses that do not include victims of interest, you may be considered for an Expedited Review. If you qualify for an Expedited Review, you may be granted an absolute pardon without being required to be present. At an Expedited Review, the Board may choose to grant an absolute pardon, deny your application, or continue your application to a full panel hearing.
At a standard pre-screen, the Board will review your application to determine whether you should proceed to a full hearing and appear before the Board. This procedure usually takes two to three months. Processing time can vary depending on the volume of applications received.
In all instances, you will receive a letter with the results of the review. You may be required to appear in person even if you do not currently live in Connecticut.
You must apply for an absolute pardon for all offenses. You can only apply to have your entire criminal history record erased.
If you are unable to apply for an absolute pardon or your application is unsuccessful, you may be eligible for a "Provisional Pardon," also referred to as a “Certificate of Employability."
For more information about expungement or an absolute pardon, call the Connecticut Board of Pardons and Paroles at (203) 805-6643.
Related Links
Connecticut Board of Pardon and Paroles
Connecticut Legal Services
Expunged means erased or removed. An expunged record is not available to the public, such as an employer. The record of an expunged conviction is still available to law enforcement, judges, or other government officials for sentencing and licensing purposes. If your conviction is expunged and you have no other convictions in any other state, you can usually say that you have no criminal record.
In Florida, an expunged criminal record is removed from all criminal history record systems and destroyed. Florida has several types of expungement: one for both adults and juveniles, one for just adults, three types of juvenile record expungement, and two special types.
For adults:
For juveniles:
Special Expungements:
You are eligible to have your record expunged 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 ask for expungement. It does not mean that you will succeed with the court.
You are eligible to have a criminal record expunged if all of the following are true:
Under Florida's version of a "second chance" law, the record is eligible for expungement if adjudication was withheld only after it has been sealed for 10 years.
Florida law has a long list of exceptions. Even if the court withheld adjudication, the court will not expunge a record for offenses including domestic violence, arson, child abuse, elder abuse, sexual battery, carjacking, stalking, and many more.
If you were acquitted after a trial, the record is eligible for expungement only after it has been sealed for 10 years.
If your charges were dismissed before trial such as: no information, "nolle prosequi," no bill, etc. The record may be expunged immediately if the FDLE certifies the record as eligible.
In summary, you are not eligible to get your record expunged in Florida if:
If a record is expunged, the record is destroyed. Law enforcement, judges, and licensing agencies that would have access to a sealed record are notified that the record is expunged. The only way to see an expunged record is by court order.
You can apply for an expungement at any time after you receive your adjudication or finish your probation or diversion program. You must ask for an expungement within 12 months (one year) of the date you receive your Certificate of Eligibility from the FDLE. The Certificate expires after a year, so you must reapply.
Here is how to get any type of expungement, other than automatic juvenile expungement. Applying for expungement is a two step process. First, you must apply for a Certificate of Eligibility with FDLE. Next, you must file a Petition for Expungement 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 Expungement with the court:
To view a sample from Broward County as a guide for procedures for filing a petition to expunge a criminal record, click here:
Procedures For Filing A Petition To Seal A Criminal History Record
For more information on expungement, visit: Florida Department of Law Enforcement.
Georgia does not offer expungement. In Georgia, expungement has been replaced by "restricted." For information about Record Restriction in Georgia, see section: Georgia - Sealing.
In limited cases, a criminal record may be expunged. You may have a criminal record even if you were never found guilty of a charge. For example, if you were arrested or charged, you have a record. Expungement erases your entire criminal record. Generally, you cannot get convictions on your record expunged, except in limited circumstances.
You are eligible for expungement if your record has arrests and charges, but does not have convictions. Convictions on your cirminal record cannot be expunged, unless:
You are not eligible for expungement if you have any of the following:
Everything on your record, other than minor traffic offenses, must be eligible for expungement. If one thing on your record is not eligible, then nothing can be expunged. In that case, you should consider sealing instead.
An employer cannot see an expunged record because it is erased. A potential employer cannot ask you if you have an expunged record, so they might be more likely to hire you.
If your record was expunged and you are asked on a job application whether you have ever been convicted, you can answer “no.” But if you have requested an expungement and the court hasn’t decided yet, then you must disclose your criminal record to a potential employer. You are required to disclose an expunged record only after the employer interviews you or offers you a job.
In Illinois, private employers with 15 or more employees are not allowed to ask if you have ever been convicted of a crime. According to the Illinois Human Rights Act, an employer cannot use information about an expunged record against you.
Once a record is expunged, you do not have to disclose it when you apply for an occupational license, except in limited circumstances.
For more information about licensing, go to the Illinois Department of Financial and Professional Regulation website: Illinois Department of Financial and Professional Regulation.
You can apply for expungement of your arrests for misdemeanors or felonies that did not result in conviction at any time. If you have a conviction that fits one of the exceptions listed in the "Who Is Eligible for Expungement" section, you can apply for expungement at any time.
If your sentence was for court supervision, you may apply for expungement two years after you successfully completed your supervision. But if your court supervision was for any of the following, you must wait five years:
If your sentence was for court supervision for reckless driving under the age of 25, you may apply for expungement when you are 25 if you have no convictions.
Finally, if your sentence was for Qualified Probation, you may apply for expungement five years after you successfully finished your probation.
Here is a short overview of the process:
You must file the forms with the court in the county where you were arrested or where charges were brought against you.
Illinois police departments and prosecutors have 60 days to object to your request to expunge. You will be notified if there is an objection.
The judge may simply grant or deny your request with an order or the court may schedule a hearing.
If the court grants your request for expungement, law enforcement agencies have 60 days to erase your records from the time they receive the court order.
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
For more information about licensing, go to the Illinois Department of Financial and Professional Regulation website: Illinois Department of Financial and Professional Regulation.
Massachusetts offers "expungement" of both adult and juvenile criminal records. Expungement destroys your criminal record and restores you to the status you had before the offense. The state removes the record from all official sources.
Massachusetts has two types of expungement:
(1) Juvenile or under 21 expungement of a first-and-only case; and
(2) Section 100K expungement.
You are eligible for a Juvenile or under 21 expungement of a first-and-only case if all of the following are true:
You are eligible for a Section 100K expungement if any of the following are true:
If you are uncertain whether you are eligible for expungement, consult with an attorney. If you are not a United States citizen, consult with an immigration lawyer before making any decisions about expungement.
Once a record is expunged, it is destroyed. Your conviction, dismissal, or acquittal is erased. You can legally deny being arrested or convicted. Although the record no longer exists in the state database or at the court, it may still be in the national FBI database.
Here is when you can apply for the Juvenile or under 21 expungement of a first-and-only case:
To apply for a Section 100K expungement by a court, waiting periods do not apply.
Here are the five steps to apply for a Juvenile or under 21 expungement of a first-and-only case:
Here are the five steps to apply for a Section 100K expungement:
There is no fee to apply for either type of expungement.
For helpful information about expungement 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
Massachusetts Legal Help
Massachusetts Government
Nevada does not offer "expungement" of adult criminal records. The only expungement Nevada offers is for DNA records.
Nevada does offer sealing. To learn more about sealing, see section: Nevada - Sealing.
Expungement deletes your criminal record and restores you to the status you had before the offense. The state removes an expunged record from public view. For example, employers, landlords, and banks cannot see the record. Judges and law enforcement can still see the record for sentencing and investigative purposes.
In general, you are eligible to have a record expunged if the record is for an arrest, a juvenile offense, a dismissal, or possession of small amounts of marijuana or hashish with no intent to sell. You are also eligible for expungement if you successfully graduated from a drug court, or if you were the victim of human trafficking or identity theft.
You cannot expunge out of state arrests or convictions, most motor-vehicle offenses, or very serious crimes.
In New Jersey, you may only apply for expungement one time. However, there is no limit to how many dismissals or acquittals may be expunged when you apply. The number of convictions that may be expunged depends on the type of offenses, the timing, and other factors.
If you are uncertain whether you are eligible for expungement, consider contacting an attorney.
Once a New Jersey court grants an expungement, the court orders the New Jersey State Police to remove the record from public view. Police departments and courts seal the record.
Employers in New Jersey may not ask about expunged records. This means you can legally deny being arrested or charged during a job interview. However, you must disclose your record if you apply for a job in law enforcement.
You can apply for expungement of a conviction only after you have completed your sentence. You must count from whatever date is the most recent—date of conviction, completion of sentence, completion of probation or parole, or final payment of restitution—then waiting periods apply.
Your waiting period will depend on the type conviction that you have. For example:
New Jersey law also allows "early pathways," which can shorten the waiting periods for certain offenses. The court has discretion to decide whether an early expungement is in the public interest by considering the nature of the offense and your character and conduct since the conviction.
To begin the expungement process, you may want to review the New Jersey Expungement Kit, which contains complete instructions and all necessary forms. To access the New Jersey Expungement kit, visit the New Jersey Courts website here: New Jersey Expungement Kit.
Here are the seven steps to apply for expungement:
In New Jersey, you may only apply for expungement one time. However, there is no limit to how many dismissals or acquittals may be expunged when you apply. The number of convictions that may be expunged depends on the type of offenses, the timing, and other factors.
For helpful information about expungement in New Jersey, visit Legal Services of New Jersey's website here: Legal Services of New Jersey. You may also call their office at (888) 576-5529.
Expungement removes your criminal record from public view and online sources such as the New Mexico Courts website, corrections, or law enforcement websites. Once your record is expunged, you may say “no” when asked if the record exists, with some exceptions. For example, your record will still be disclosed if you are seeking employment with a financial institution. In other words, most people, including most employers and landlords, should not see an expunged record.
New Mexico law allows most juvenile records to be sealed two years after your case, probation, or placement ends. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. If you were found not delinquent, the prosecutor should ask the judge to seal the record. The judge is required to grant this request.
Expungement in New Mexico is very complex, and new rules went into effect on January 1, 2020. Whether you can expunge a record is controlled by the type or "class" of the offense.
You are eligible to have your record expunged if you were the victim of identity theft or mistaken identity.
In general, you are also eligible to have a record expunged if:
You cannot expunge the following types of records:
Once a New Mexico court grants an expungement, your record is removed from most official sources. The courts, law enforcement agencies, and other criminal justice agencies will always have access to your records, even after expungement because the records are not destroyed. However, if anyone else asks about records that have been expunged, all agencies must respond that “no such record exists with respect to such person.”
Arrest or conviction records that have been expunged may still be available for use in future criminal proceedings. These records will not be shared in most employment circumstances. However, if you are seeking employment with a financial institution, the expunged records will be shared.
Once your record is expunged, in most cases you can legally deny being arrested or convicted.
You can apply for expungement of a conviction only after you have completed your sentence and paid any fines or fees owed to the state for the conviction, in most instances. You must count from whatever date is the most recent, either date of conviction, completion of sentence, completion of probation or parole, or final payment of restitution. Then you must wait for several years.
In addition to the waiting period, you must demonstrate the following:
Waiting periods can apply depending on your conviction, if:
The following convictions cannot be expunged:
Here are the eight steps to apply for expungement:
After you file your Petition, the court will set a hearing date. At your hearing, you may be asked questions about your expungement request and any objections that have been filed. After the hearing, the court has 30 days to decide whether to grant or deny your petition.
Related Links
New York does not offer expungement.
Ohio does not offer expungement of adult criminal records.
Oklahoma offers expungement of conviction records. The state does not delete or destroy your criminal record but removes it and makes it unavailable to the public. Only judges and law enforcement can see an expunged record. Employers, landlords, banks, and anyone else in the public cannot see an expunged record, unless you give them permission.
There are several types of expungement in Oklahoma, such as a section 18 expungement, a 991 (C) expungement, or a section 19(A) expungement. The numbers refer to the statute that governs a type of expungement.
Expungement in Oklahoma is complex. Whether you can expunge a record is controlled by the type of offense and the end result or disposition.
In general, you are eligible to have a record expunged if no charges were filed, the charges were dismissed, the charges were deferred and dismissed, you were found not guilty, or you were pardoned. You cannot expunge a record if you have charges pending for either a misdemeanor or a felony.
You may be eligible for an expungement if:
You may also be eligible for expungement if:
Oklahoma has six types of expungement, based on statutes:
In some cases, such as section 991(C) expungement for a deferred sentence, the expungement will delete all court records related to the offense. But the expungement will not delete arrest records held by the OSBI. Those records will still be available to the public. In that case, you should ask for a Section 18 expungement, too.
If you are uncertain whether you are eligible for expungement, consult with an attorney.
Once a Oklahoma court grants an expungement, the court seals those records. Depending on the type of expungement, the arrest records kept by the OSBI may remain open to the public. A section 18 expungement order will seal those records. They will not be available to the public. All expunged records remain available to courts and law enforcement.
Once your arrest, conviction, dismissal, or acquittal is sealed, in most cases, you can legally deny being arrested or convicted.
You can apply for expungement of a conviction only after you have completed your sentence. 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. Then you must wait for several years.
You may also apply for an expungement, if:
If you were the victim of identity theft or human trafficking, there is no wait.
Here are the eight steps to apply for expungement:
For more information about expungement, the OSBI has a brochure that gives you the exact language of the statutes that cover expungement. You can access the brochure on the OSBI website here: Criminal Record Expungements
For more helpful information, visit the Legal Aid of Oklahoma website here: Legal Aid OK.
Related Links
The Papillon Foundation
Collateral Consequences Resource Center
The Oklahoma State Bureau of Investigation
Legal Aid Oklahoma
Oregon does not offer a statewide "expungement" of adult criminal records. Instead, different counties have put their own expungement and forms online. If you cannot find the forms for your county online, you may be able to use the available forms as a guide.
For information on how to apply for a set aside in Lane County, visit the Lane County Court website here: Expungement Process and Procedures.
You need to fill out the correct form for what type of set aside you are seeking. You will have to fill out the forms appropriate to the county in which you were convicted.
If you were convicted in Lane County, visit the following forms on the Lane County Court website here:
If you were convicted in Lincoln County, visit the following forms on the Lincoln County Court website here:
Pennsylvania offers expungement. Expungement destroys a record and restores you to the status you had before the offense. The state removes the record from all official sources. Employers, landlords, and banks will not see an expunged record. The record essentially disappears.
In 2018, "Clean Slate" expanded opportunities for expungement.
In general, you are eligible to have a record expunged if you were not convicted, acquitted, found not guilty, nolle prossed, case dismissed, charges withdrawn, or you were convicted of a summary offense and you have no arrests for five years. A summary offense is the most minor type of criminal offense in Pennsylvania and is often called a “non-traffic citation.” Summary offenses can include disorderly conduct, loitering, harassment, and low level retail theft, among others.
Convictions for misdemeanors or felonies are not eligible for expungement. You may be eligible for expungement if:
You will not be eligible for expunging 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.
Once a record is expunged, the record is destroyed. No one in the public can see it. Law enforcement and judges still have access to expunged records. When a court grants your expungement, the court sends you a copy of the order. The court sends copies of the order to expunge to the state police and all other agencies that keep criminal records. These agencies should send you letters to confirm that they have complied with the expungement order and removed the record.
You can apply for expungement only after you have completed your sentence and paid all fines and court costs. Waiting periods apply.
Here’s when you can apply for expungement:
Here are the five steps to apply for expungement:
Community Legal Services and the Pennsylvania Bar offer free clinics about the Clean Slate review process. To find out more and register for a clinic, visit: Community Legal Services of Philadelphia and PA Law Help.
Your local legal aid group can also help. To find a local 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 offers expungement also known as "elimination" for both adult and juvenile criminal convictions. Elimination deletes your criminal conviction record and restores you to the status you had before the offense. The Commonwealth removes the record from all law enforcement and court sources.
In general, you are eligible to have a misdemeanor or a felony conviction eliminated unless the offense was a violent sex crime, abuse of a minor, or corruption.
All of the following must also be true:
If you are uncertain whether you are eligible for elimination, consult with an attorney.
Once Puerto Rico grants an elimination, all state law enforcement agencies and courts remove the record of conviction. Your conviction is erased. In most cases, you can legally deny being convicted.
You can apply for elimination of a conviction only after you have completed your sentence. Then you must wait for a certain period of time.
Here is when you can apply:
Here are the two steps to apply for elimination for a misdemeanor conviction:
Here are the three steps to apply for elimination for a felony conviction:
If the judge denies your request for elimination of a conviction, you have the right to appeal to the Puerto Rico Court of Appeals.
You may have to pay a filing fee when applying for elimination. If you cannot pay the fee, you have the right to have the fee waived. To get a fee waiver, file a petition to "proceed as an indigent person." This means you have a low income and cannot afford the fee. The judge will decide if you qualify for a fee waiver.
Expungement erases a criminal record by court order. Usually only minor offenses are eligible for expungement. Discharges, dismissals, acquittals, or any type of not guilty decision are eligible for expungement. In most cases, you may legally deny that the incident or offense occurred once the record is expunged.
In general, you are eligible to have a record expunged if the charges were dismissed, you were found not guilty, or you were a first time nonviolent offender. More specifically, you are eligible for an expungement if your situation fits one of the following:
Overall, you are probably eligible for an expungement of a conviction if you are a first time offender under South Carolina law. You cannot expunge traffic, motor vehicle including DUIs, wildlife, or game violations.
You may be eligible for expungement of offenses you committed as a juvenile. You will probably get an expungement if a charge did not result in an adjudication, also known as a conviction, or the adjudication was a nonviolent crime. You must be at least 17, have completed your sentence, and have no other convictions or pending charges. For more information about juvenile expungement, visit the South Carolina Judicial website here: Expungement Application Process for Juvenile Records.
If you are uncertain whether you are eligible for expungement, you should talk to an attorney.
Once a South Carolina court grants an expungement, the court orders all state agencies, including South Carolina Law Enforcement Division (SLED), to expunge their records. Your arrest, dismissal, discharge, acquittal, or conviction is erased. In most cases, you can legally deny being arrested or convicted.
To check whether your expunged record has been erased, follow these three steps:
South Carolina law allows some state and local agencies such as detention centers to keep expunged records for three years. These records can be disclosed only by court order. Any other agency that keeps an expunged record is guilty of contempt of court.
The state cannot order commercial background check companies to expunge their records. These agencies must comply with the Federal Fair Credit Reporting Act (FCRA). Once a year they must give you a free copy of your background check. You should review your criminal history every year and make sure that any expunged records are erased.
The nature of the offense and the outcome of the case determines when you can apply for an expungement. In some cases, you may apply for expungement immediately after you have completed all sentencing requirements. In other situations, you may have to wait for several years.
Here is when you can apply for some types of expungements:
You can apply for expungement in two different courts depending on the offense you are seeking to expunge. For example, you can apply for expungement in the courts of general sessions or a summary court (magistrate or municipal court). The application process is different depending on the court.
To apply for expungement in the courts of general sessions, follow these nine steps:
To apply for expungement in a summary court (magistrate or municipal court), follow these three steps:
South Carolina expungement can be complicated, long, and expensive, and the fees are not refundable. However, expungement can make a big impact and can help you get a job, a home, or a license. Consider talking to an attorney who specializes in expungement before you decide to apply. Remember that each solicitor's office has a person who handles expungements. That person cannot give you legal advice but can be very helpful throughout the process.
In South Carolina, the solicitor's offices handle expungement for offenses from the courts of general sessions. There are a total of 16 circuits and each county is part of a circuit. Each circuit has a solicitor who covers two to three counties. In addition, each solicitor's office has someone who specializes in handling expungements. This is the solicitor that will help you.
The Papillon Foundation
South Carolina Center for Fathers and Families
Frequently Asked Questions about Expungements and Pardons in South Carolina
South Carolina Bar
Criminal Records Check Frequently Asked Questions
In Tennessee, expungement is called "Expunction."
Expunction deletes your criminal record and restores you to the status you had before the offense. The state removes the record from all official sources. Employers, landlords, and banks will not see an expunged record.
Tennessee law allows courts to expunge juvenile records, but expunction in Tennessee is limited. The type and date of the offense determines whether you can expunge a record.
You are eligible to have charges expunged that were dismissed or "no true billed," the district attorney declined to prosecute, or you were tried and found not guilty. These expunctions are free.
If you received pretrial or judicial diversion, you may be eligible for expunction. There are administrative fees to expunge those charges.
You are eligible to expunge a conviction if you have only one nonviolent offense and you have no later arrests or violations. You may also be eligible to expunge convictions if you have two convictions that arose out of the same incident. The fee for expungement of convictions is $100 as of July 2019. Driving under the influence (DUI) cannot be expunged.
Tennessee has two "classes" of expungement based on the date of conviction:
For lists of both included and excluded offenses, see Nashville's expungement packet on the The Davidson County Courts website here: Expungement Packet - General Sessions.
If you are uncertain about your eligibility for expungement, consider consulting a lawyer.
Once a Tennessee court grants an expunction, the court orders all state agencies to expunge their records including the arresting agency, the county jail, the Tennessee Department of Correction (TDOC), and the Tennessee Bureau of Investigation (TBI). The TDOC removes the record from the Tennessee Felony Offender Lookup (FOIL) and the Tennessee Offender Management Information System (TOMIS). The TBI removes the record from your criminal history and from your paper or electronic fingerprint card. The TBI also sends the expunction order to the FBI to remove the record at federal agencies.
Your conviction, dismissal, or acquittal is erased. In most cases, you can legally deny being arrested or convicted. Tennessee destroys the expunged record, so it is important to keep a copy of the court order to prove the record was expunged.
If the charge or conviction shows up in a criminal background check done by a private company, you must contact them directly to erase the record.
You can apply for expunction of a conviction only after you have completed your sentence. The waiting period starts from whatever date is most recent such as the date of conviction, completion of sentence, completion of probation or parole, or final payment of restitution.
Here is when you can apply for expunction:
Here are the four steps to apply for expunction:
For frequently asked questions about expunction in Tennessee, visit the Tennessee State Government website here: Expungement FAQ.
Papillon Foundation - Tennessee Criminal Record Resources
Collateral Consequences Resource Center - Tennessee
Tennessee District Attorneys General Conference
Expunction permanently removes information from your record. Most convictions cannot be expunged, but arrests, charges, and some convictions can be. Once something is expunged, that information is removed from your criminal history record. This means you can legally deny the incident.
For expunction of juvenile records, there is no application or petition process.
The following records are eligible for expunction:
You are not eligible for expunction if any of the following are true:
Once the record of an offense is expunged, it is permanently removed from your official Department of Public Safety (DPS) criminal history record. You may legally say that you have not been arrested, charged, or convicted of the expunged offense.
In some cases, you may be eligible for an immediate expunction.
Generally, if you want to expunge an arrest, you may have to wait five years. Texas looks back five years after the arrest to see if you have any new offenses.
If you want to expunge a felony charge that was dismissed, you may have to wait until the statute of limitations period for that offense runs out. Most statues of limitations are at least three years. There are some specific exceptions under new Texas law that allow you to apply for expunction even though the limitations period for the alleged crime has not run out.
You must ask the appropriate court for an expunction. This means you must file a petition with the court in the county where the arrest or charge occurred.
Here is an overview of the process:
For detailed instructions and forms, view the Texas Law Help Toolkit here: Texas Law Help.
The fees for expunction can be high. For example, in Houston the fee is about $227. If you can't afford the fee, file the "Statement of Inability to Afford Payment of Court Costs" form with the court and ask the fee to be waived. For access to the "Statement of Inability to Afford Payment of Court Costs," visit: E-File Texas Self Help.
To find our more information about expunction, please visit: Texas Law Help.
Utah offers "expungement" of adult criminal records. Expungement removes your criminal record from publicly available online sources. The court that orders your expungement will automatically seal all related court orders. To have records held by other agencies, including the Bureau of Criminal Identification (BCI) sealed, you must send a copy of your order of expungement.
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.
Expungement in Utah is very complex, and new rules will go into effect on May 1, 2020. Whether you can expunge a record is controlled by the type or "class" of the offense.
You are eligible to have your arrest record expunged if:
In general, you are eligible to have your personal identifying information removed from a court case if:
In general, you are eligible to have a conviction record expunged if:
How long you have to wait before you petition the court for an expungement depends on the type of offense you are seeking to have expunged.
You cannot expunge the following types of records:
In addition, you cannot have any conviction expunged if your record includes a certain amount of felony or misdemeanor convictions, including:
There is a different process to expunge and seal juvenile records. To access the information, visit the Utah Courts website here: Expunging Juvenile Records.
Once a Utah court grants an expungement, you may respond to any inquiry as though the conviction did not occur, with some exceptions. The conviction may still be used for various law enforcement purposes. The Bureau of Criminal Identification (BCI) will not release your expunged record to the public. However, some agencies are still allowed to access your expunged record. These agencies include the Board of Pardons and Parole, Peace Officer Standards and Training, federal authorities, the Division of Occupational and Professional Licensing, and the State Office of Education. This means that if you apply for a job that requires an occupational or professional license, you likely must disclose your expunged record.
Arrest or conviction records that have been expunged may still be available for use in future felony proceedings.
If you are later charged with a felony, the state may petition the court to open expunged records. A court may order that the expunged records be opened and admitted into evidence for sentencing.
Once your record is expunged, in most cases you can legally deny being arrested or convicted.
In general, you can apply for an expungement of an eligible conviction only after you have completed your sentence and paid all fines, fees, and restitution associated with the conviction. You must count from whichever occurred last, the conviction or release from incarceration, parole, or probation. You cannot petition for an expungement if you have a pending criminal proceeding.
In addition to completing your sentence and paying all fines, fees, and restitution, the following waiting periods apply:
If you entered a plea in abeyance, you must first make sure your case is dismissed before petitioning for an expungement. In some courts, you will need to first file a Motion to Dismiss. To find more information about the motion process, visit the Utah Court’s website: How to File Motions.
The following convictions cannot be expunged:
You are not eligible to petition for an expungement if your criminal record also includes:
If it has been at least 10 years since you were convicted or released from incarceration, parole, or probation, whichever occurred last, for all convictions, then the eligibility limits above are increased by one.
There is also a process to expunge certain cannabis possession convictions even if you are not qualified to receive a certificate of eligibility necessary for expungement. You may qualify for this if you:
You can find more information on the Utah Courts website under the “Expunging a conviction for cannabis possession” section, here: Expunging Adult Criminal Records.
Beginning May 1, 2020, some records will be automatically expunged under a new Clean Slate law. This means you will not have to pay for certificates from BCI or file a petition with the court if your record is covered by the Clean Slate law. While the law goes into effect on May 1, 2020, it may take a year from that date for your case to be automatically expunged.
Records that will be automatically expunged include:
Pleas in abeyance are not eligible for Clean Slate automatic expungement.
Although these cases will be automatically expunged, there is still a waiting period. The waiting period begins when the case is closed. To be eligible, you must have paid all fines and fees, and you must wait:
While the process is automatic, the prosecutor still has the right to object to the expungement order. The prosecutor can object for the following reasons:
If the prosecutor provides written notice of an objection, the court may not proceed.
Here are the six steps to apply for expungement:
Salt Lake County’s Expungement Navigator Program may be able to help pay for BCI fees and help you with your BCI application. You do not need to be a resident of Salt Lake County to get help. To contact the Salt Lake County Expungement Navigator, contact Jake Smith at (385) 226-1729 or email JaSmith@slco.org.
It can take several months for BCI to process your request. Once you receive your Certificate of Eligibility, you have 90 days from when it was issued to file it, along with your Petition to Expunge Records. If the certificate expires, you need to get a new one.
Here are the six steps to file your Certificate of Eligibility with the Courts:
For helpful information about expungement in Utah, visit the related links:
Related Links
Vermont offers “expungement” of adult criminal records. Expungement deletes your criminal record and restores you to the status you had before the offense. The state destroys all records related to your criminal charge by court order. This includes all information documenting your contact with the criminal justice system including police reports, records in the prosecutor’s office and court records. Neither the public, nor law enforcement, can access your record of criminal activity that has been expunged. When an expungement order is granted to you, you can lawfully say that you have never been arrested, charged or convicted of the crime expunged.
In Vermont, you may be able to have a conviction on your record expunged under certain limited circumstances. Many crimes cannot be expunged or sealed in Vermont.
You may file a petition to expunge a record of a criminal conviction if:
In Vermont, only certain crimes qualify for expungement. 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 expunged. Only the following felonies qualify for expungement:
Once a Vermont court grants an expungement, you are restored to the status you had before the offense. You will not be required to answer questions about your criminal history record in employment or license applications. If you are called as a witness, you will not be required to answer questions about the offense or incident. If the court or law enforcement agency receives a question about a record which has been expunged, the response mandated by law is: “No record exists.” You will receive a certificate from the court stating that all records of arrest, conviction and sentence have been annulled.
When you can apply for expungement will depend on the circumstances. If you have a pending criminal case, the Court cannot act on a petition to expunge your record until after the pending charge is resolved.
If you have not been convicted of another crime since your conviction, you may petition the Court to expunge your record if:
If you committed the qualifying crime after the age of 19, the Court may decide to seal the record instead if it finds that sealing the criminal history record better serves the interest of justice.
If you have been convicted of another crime arising out of a new occurrence since you were first convicted of the qualifying crime, you may petition the Court to expunge your record if:
If you committed the qualifying crime after the age of 19, the Court may decide to seal the record instead if it finds that sealing the criminal history record better serves the interest of justice.
If you are seeking expungement 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, expungements will typically occur without the need for you to file formal petitions.
If your petition is for expungement of a criminal offense for which the underlying conduct is no longer prohibited by law or designated a criminal offense, you may petition the Court to expunge your record if:
If your petition is for expungement of a conviction for violation of 13 V.S.A. 1201(c)(3)(A) related to burglary when you were 25 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 expunge your record if:
You can apply for expungement 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.
If your petition for expungement is denied by the court, you may not submit another petition for at least two years, unless a shorter duration is authorized by the Court.
For more information on expungement, please contact the Vermont Crime Information Center (VCIC) at this address:
Vermont Crime Information Center
45 State Drive
Waterbury, VT 05671-1300
Tel: (802) 244-8727
Fax: (802) 241-5552
Hours: Monday through Friday from 8:00AM to 5:00PM.
Related Links
Virginia offers expungement of some adult criminal records, which is similar to what most states call "sealing." In Virginia, an expunged record is simply hidden from public view, not destroyed. For example, private employers, landlords, and banks cannot see an expunged record. Judges, law enforcement, and some Commonwealth employers may have access to expunged records.
Expungement in Virginia is very limited because it requires innocence. That means only "not guilty" or "nolle prosequi" dispositions, and dismissals, are eligible for expungement. If you accepted a plea bargain, or you pleaded "no contest," that charge cannot be expunged.
Virginia automatically expunges juvenile records once you turn 19 and five years have passed since your last juvenile hearing. Virginia DMV records are automatically destroyed when you turn 29.
In general, you are eligible to have a record expunged if charges were dismissed, you were found not guilty, the prosecutor decided not to pursue the case (nolle prosequi), you were a victim of identity theft, or you received an absolute pardon. Convictions are not eligible for expungement unless they are the result of identity theft.
You may be eligible for expungement if any of the following statements are true:
Once a Virginia court grants an expungement, the court orders the Virginia State Police (VSP) to remove the record from public view. All police departments and courts seal the record. The only way to see the expunged record is with a court order. Once you receive an expungement, you can legally deny that arrest or charge.
Once a Virginia court expunges juvenile records, the records are available only by another court order.
You can apply for an expungement any time after the final disposition of your case. If you were the victim of identity theft, you can apply immediately.
Virginia automatically expunges juvenile records once you turn 19 and five years have passed since your last juvenile hearing. Virginia DMV records are automatically destroyed when you turn 29.
Here are the eight steps to apply for expungement:
For more information about expungement, call the Virginia State Police Central Criminal Records Exchange at (804) 674-6754.
Virginia Legal Aid
Virginia State Police
The Papillon Foundation - Virginia Criminal Record Resources
Virginia - Restoration of Rights, Pardon, Expungement & Sealing
Washington offers expungement. Courts also refer to expungement as "vacation" or "set aside." Expungement deletes or destroys your criminal record and restores you to the status you had before the offense.
Washington has two types of expungement:
Washington law allows courts to seal or destroy juvenile records. These records can be seen only by a court order. The state also offers an automatic administrative procedure that destroys records once a juvenile becomes 18.
You may be eligible for administrative expungement of nonconvictions if:
You are not eligible for administrative expungement if:
Washington law allows courts to expunge or "vacate" convictions for misdemeanors or gross misdemeanors. You may be eligible for court expungement also known as "vacation" of some convictions, if:
And all of the following must be true:
You are not eligible to expunge a conviction if the offense involved:
If you are uncertain whether you are eligible for administrative expungement of nonconvictions or court expungement (vacation) of some convictions, consult with an attorney.
Once the Washington State Patrol (WSP) grants an administrative expungement, the record is deleted.
When a Washington court vacates a conviction, the vacation is noted next to the record. The record is not deleted and remains available.
You can legally deny the arrest or conviction with either type of expungement,
Here is when you can apply for administrative expungement of a nonconviction:
Here is when you can apply for court expungement (vacation) of some convictions:
Here are the five steps to apply for the Washington State Patrol (WSP) administrative expungement of nonconvictions:
Washington State Patrol
Identification and Background Check Section
P.O. Box 42633
Olympia, WA 98504-2633
Or deliver it in person to this address:
106 11th Avenue
SW, Olympia, WA 98501
There is no fee to apply for an expungement of a nonconviction. An administrative expungement may require you to go to court to ask them to change their records to show the expungement. For the "Expungement Checklist", visit the WSP website here: Expungement Checklist.
Here are the three steps to apply for a court expungement (vacation) of some convictions:
The court may hold a hearing on your petition to vacate. If it does not, the court will notify you when the judge has made a decision.
Related Links
www.papillonfoundation.org
www.ccresourcecenter.org
Washington - Criminal History
West Virginia offers "expungement" of adult criminal records. Expungement deletes your criminal record and restores you to the status you had before the offense. The state removes or seals the record from all official sources, so the record cannot be seen by the public. Employers, landlords, banks, and so on will not see an expunged record. Only law enforcement and judges have access.
West Virginia law allows courts to seal juvenile records. These records can be seen only by a court order.
Expungement in West Virginia is complicated. Whether you can expunge a record is controlled by the type of the offense, the disposition or result, and timing.
In general, you are eligible to have your record expunged if:
You cannot have charges expunged if they were part of a plea agreement.
You may also be eligible for expungement of certain criminal convictions. The rules to expunge are different for charges and convictions.
You may be eligible to expunge criminal charges, if all of the following are true:
You may be eligible to expunge a criminal conviction, if all of the following are true:
You are not eligible for expungement, even if you receive a pardon, if your conviction is for any of the following:
If you are uncertain whether you are eligible for expungement, consult with an attorney.
Once a West Virginia court grants an expungement, the court orders all state agencies to expunge their records. This means law enforcement, courts, and any other state agencies that keep records. The Crime Identification Bureau (CIB) will delete or seal the expunged record and send a certified letter confirming the expungement to the court clerk's office.
Your charge, conviction, dismissal, or acquittal is erased. Once your record is expunged, you can legally deny being arrested or convicted, in most cases.
You can apply for expungement of a conviction only after you have completed your sentence. 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. Then you must wait for several years.
Depending on your conviction, the following waiting periods can apply:
If you complete an approved substance-abuse treatment program, recovery and counseling program, or job-readiness adult training program, you may be able to shorten your wait time to file for expungement. The program must be one that appears on the West Virginia Supreme Court website here: West Virginia Judiciary.
You must successfully complete the program and get a certificate to prove it. If you do, the waiting periods to file for expungement change as follows:
Here are the nine steps to apply for expungement:
If you get an expungement of a conviction, you will have to pay the CIB $100.00 to process the expungement in their records. That means the total cost to expunge a conviction is $300.00. Note, you can expunge only once.
For instructions on how to file for expungement, visit the West Virginia courts website here: Expungement Instructions.
For helpful information about the expungement process and links to the forms, visit the Legal Aid of West Virginia website here: Expungement of Criminal Records.
Related Links
The Papillon Foundation
Collateral Consequences Resource Center
Wisconsin offers expungement of conviction records. Expungement seals your court-record file, but it has no effect on your state record file. The court handles expungements.
In general, expungement is available only for certain convictions and juvenile adjudications. There are three situations that are eligible for expungement in Wisconsin:
If you are uncertain whether you are eligible for expungement, consult with an attorney.
Once a Wisconsin court grants an expungement, the court seals both paper and electronic files. Only a court order will unseal the record.
A court has no authority to seal records kept by other state agencies. The record is still available from the Wisconsin Crime Information Bureau's (CIB) Wisconsin Online Record Checks System (WORCS). Schools, employers, landlords, and licensing agencies still have access to your expunged record.
Wisconsin law is different than most states on the timing for expungement. In Wisconsin, you must ask for expungement of a conviction when you are sentenced. The judge will decide if you are eligible and "if you will benefit and society will not be harmed" by an expungement. The expungement takes effect only after you have successfully completed your sentence.
If the judge decided that you were eligible for expungement when sentenced to jail, prison, or probation, and you have successfully completed that sentence, then expungement should be automatic. Your correctional institution or probation agent will send your certificate of discharge to the court. The court clerk will then enter the expungement. Be sure to check that the court received the certificate of discharge. If it did not, then contact your correctional institution or probation agent and ask for the certificate.
If you were not sentenced to jail, prison, or probation and you had to pay a fine or restitution, you must ask the court to expunge the record. Use Circuit Court Form CR-266 to apply. To access the form, visit the Wisconsin Court System Website here: Wisconsin Court System Circuit Court Form.
If you were a juvenile and want to expunge those records, ask the court using Circuit Court Form JD-1780. To access the form, visit the Wisconsin Court System Website here: Wisconsin Court System Circuit Court Form.
For more information, 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: Expunging Court Records.
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
Wyoming offers "expungement" of adult criminal history records. An expungement removes criminal history information from being publicly available. Expunged criminal history information is still available for criminal justice purposes. In addition, court records related to the offense are placed under seal and are available for inspection only upon a court order.
You are eligible to have your arrest record expunged if you were not convicted of the offense.
You are eligible to have a single misdemeanor conviction expunged so long as the conviction did not include the use or attempted use of a firearm, and was not a conviction of a health care provider for sexual battery against a patient. In addition, you must wait five years after completion of sentence for any non-status offenses and at least one year after completion of sentence for any status offenses.
You are eligible to have a single felony conviction or convictions arising from the same occurrence expunged so long as no guns were used in the commission of the felony, 10 years have passed since the completion of your sentence, and you have paid all court ordered restitution.
The following felony convictions are not eligible for expungement:
In Wyoming, an expungement removes criminal history information from being publicly available. Expunged criminal history information is still available for criminal justice purposes. In addition, court records related to the offense are placed under seal and are available for inspection only upon a court order.
Expungement of a felony conviction does not restore any rights removed as a result of the conviction.
If your non-conviction arrest information is expunged, you may respond to any inquiry as though the arrest or charge did not occur.
You can apply to have your non-conviction arrest information expunged once 180 days have passed since the date of arrest or from the date charges were dropped, so long as no charges are pending.
You can apply to have your misdemeanor conviction expunged five years after completion of your sentence for a non-status offense.
You can apply to have your misdemeanor conviction expunged one year after completion of your sentence for a status offense.
Misdemeanor convictions, which involved the use or attempted use of a firearm and misdemeanor convictions of a health care provider for sexual battery against a patient are not eligible for expungement.
You can apply to have your felony conviction expunged 10 years after completion of your sentence, so long as you have paid all court ordered restitution, and have no other felony convictions on your record.
There are several felony convictions that are ineligible for expungement.
Here are the six steps to apply for expungement:
For more information about expungement, visit the Equal Justice Wyoming website pages here:
Equal Justice Wyoming provides links to help you find a lawyer, and notes that Wyoming residents with low income may be able to get free assistance. For a list of lawyers near you, visit the Equal Justice Wyoming website here: Find a Lawyer.
Legal Aid Wyoming provides legal services for criminal records expungement. Depending on your income, you may qualify to receive free legal help. To apply online, visit the Legal Aid Wyoming website here: Legal Aid of Wyoming.