Below is a list of the steps you will need to take in order to file:. You are likely to have much greater success throughout the expungement process if you are represented by an attorney.
A qualified attorney who is knowledgeable about California criminal law can assist you in completing all of the necessary requirements of your application. First, you will need to determine which forms you will need. If you are looking to expunge a misdemeanor charge and have successfully completed your probation, you need to file a Petition to Dismiss a Misdemeanor, PC If you have not yet successfully completed your probation, you will need to file a Motion to Terminate Probation.
The Petition for Dismissal is likely to be available at your courthouse. If the form is not available, you can write your own petition with the help of your attorney. If you are looking to expunge a felony, the felony must first be reduced to a misdemeanor. This form is likely to be available at your courthouse. If the form is not available, you can draft your own with the help of your attorney. Once your felony has been reduced to a misdemeanor, you may file a Petition to Dismiss a Misdemeanor, PC Forms can be obtained at the court or downloaded from their website.
Ask the court or your attorney if you will need to submit additional photocopies of the forms. You will be able to attach documents to the forms when you submit them to the court. Documents such as character references and written proof of the completion of your community service can help to strengthen your petition. Once you have completed all of the necessary paperwork for your case, you may file for expungement.
A typical timeframe to complete the expungement of a felony in California is about months. Cases are heard by the courts in the order in which they were filed.
File the forms at the court in the county where you were convicted. Petitions to reduce a felony to a misdemeanor and petitions to terminate probation must be mailed or delivered in person to the clerk of the court.
Inquire as to whether, in your county, you are required to serve a petition to the district attorney or probation department. Fees for filing the petition vary by county and whether the conviction is a misdemeanor or a felony. In some counties, a felony petition fee may cost twice as much as a petition to dismiss a misdemeanor. When we help people apply for felony reduction, it becomes incumbent on us to demonstrate that it would be unduly harsh for our client to continue to carry this felony conviction.
The court will consider the nature of the crime, the terms of the conviction, the criminal and life history of the petitioner, and their overall character when making the decision of whether to allow felony reduction or not.
During this process, our lawyers will investigate the original conviction, examine the evidence as presented, and conduct a complete and thorough interview with our client to ensure we have all the information the court needs to make the just and proper decision.
While an in-person hearing is sometimes required, and we remain prepared for the possibility, this is not always the case. In a single phone consultation, we can tell you what the cost would be and whether you are eligible to reduce a felony conviction to a misdemeanor. As an alternative to a prison sentence, a judge might sentence someone to felony probation.
Probation includes conditions that the convicted person must successfully complete to avoid being sent to prison. Common conditions of probation include:. Let's say Melissa shoplifts a bracelet from a jewelry store. The penalty for theft generally depends on the value of the stolen item s and varies from state to state.
However, because Melissa has no prior offenses on her record, the judge decides to sentence her to probation rather than incarcerating her. But the threat of incarceration remains. Her probation requires her to obey all laws, report to a probation officer, perform 50 hours of community service, pay restitution of the amount stolen to the jewelry store, and stay away from the jewelry store.
As long as she fulfills these obligations, she can avoid incarceration. Parole and supervised release differ from probation. A judge imposes probation as an alternative to prison, whereas parole and supervised release occur near the end of a person's sentence and involve systems of early release.
In states that use parole, parole boards not judges decide if a felon should be released on parole, and the board takes into consideration the felon's behavior while incarcerated. Persons on parole called parolees must remain law-abiding no new crimes and meet certain conditions in order to maintain their freedom.
Parole conditions vary but often include staying away from victims, maintaining employment and a residence, and avoiding alcohol and drugs. Supervised release. Other states and the federal system use a system of supervised release instead of parole. Supervised release differs from parole in that judges set the supervised release period at the time of sentencing.
For instance, a judge might sentence a person to 15 years—12 years of incarceration and three years of supervised release.
The actual amount of time spent on supervised release can be less if the inmate commits a crime or any disciplinary violations in prison. Youthful first offenses committed between the ages of 18 and 21 may also be expunged following a 4-year waiting period, and youthful offenses are eligible under other authorities. Most non-conviction records may be automatically expunged, and expungement upon petition is also available without a hearing, notably to expunge dismissed charges in cases resulting in conviction.
Juvenile records are generally unavailable to the public and may be sealed by court order and expunged after the person turns 18 after an month period of good behavior.
Judicial certificates : A Certificate of Relief is available from the sentencing court one year after completion of sentence for individuals with a limited number of misdemeanors and minor felonies. This certificate relieves mandatory collateral consequences, certifies that the person poses no public safety risk, and provides negligent hiring protection. North Dakota. Misdemeanor and felony convictions may be sealed upon petition, with waiting periods of 3 and 5 years after release from supervision, respectively, except that violent offenses must wait 10 years and sex offenses are not eligible.
A hearing may be dispensed with if the prosecutor agrees. First offense marijuana possession may be sealed after two years unless there is a subsequent conviction. Victims of human trafficking may have prostitution convictions vacated and sealed.
Deferred imposition of sentence is available, after which the record sealed. Otherwise, access to non-conviction records, including records of diversionary dispositions, may be sealed by court rule if the court finds the interest of justice will be served, pursuant to a balancing test.
Juvenile adjudications for prostitution, theft and forgery, and drug possession linked to being victim of human trafficking may be vacated and expunged. Otherwise, juvenile records are generally unavailable to the public, and are destroyed automatically after 10 years or earlier upon petition. Record relief : Sealing is available for up to five minor nonviolent felonies or misdemeanors, if the person has no other serious conviction record, after waiting periods of three to five years.
Alternatively, if that authority in unavailable, sealing is available for one felony, for one felony and one misdemeanor, or for two misdemeanors, after waiting periods of three years after discharge for felonies and one year for misdemeanors. Sealing is available for out-of-state and federal offenses only seals records held by Ohio.
Intervention in lieu of conviction is available for those with no prior violent felony convictions. There is no authority to seal pardoned convictions. Sealing is available for non-conviction records upon disposition.
Sealing restores rights and prohibits inquiry by employers and licensing boards in most cases, but a sealed conviction may be used in subsequent criminal case. Expungement destruction is available for prostitution convictions of victims of human trafficking. Juvenile records may be sealed six months after discharge, except for convictions of rape or murder, and sealed records are automatically expunged 5 years afterward or when the person reaches age 23, or earlier by petition if the court finds rehabilitation.
Judicial certificates : Judicial Certificate of Qualification for Employment CQE removes specified mandatory occupational and licensing consequences and creates a presumption of fitness; 1-year waiting period after completion of sentence for felonies, 6 months for misdemeanors. Up to two nonviolent felony convictions may be expunged sealed 10 years after completion of the last sentence, if no charges are pending.
Offenses arising out of the same transaction or occurrence shall be treated as one conviction and offense.
One nonviolent felony may be expunged after 5 years, and non-violent felonies reclassified as misdemeanors may be expunged after 30 days. Pardoned offenses and prostitution convictions of victims of human trafficking may be expunged with no waiting period.
Deferred adjudication and probation is available for misdemeanors and first-time minor felony offenses, with expungement after a waiting period 5 years for felonies, one year for misdemeanors ; deferred adjudication for people with first-time drug offenses leads to automatic expungement upon discharge. Non-conviction records may be expunged in case of acquittal or if no charges are filed; dismissed charges may be expunged only if the person has no felony convictions and the limitations period has passed.
Records of juvenile adjudications may be expunged upon reaching age 18 if no adult arrests or pending charges. Misdemeanors and Class C felony convictions may be set aside three to five years after judgment or release, and non-violent Class B felonies may be set aside after seven years, provided in all cases that there has been no other conviction in the past 10 years, or arrest within three years.
Set-aside restores all rights, relieves all disabilities, and seals the record. Sealing is also available for pardoned convictions, human trafficking victims convicted of prostitution, and marijuana possession convictions. Deferred adjudication in drug cases, first misdemeanor PBJ. Set-aside of non-conviction records is available 60 days after arrest if no charges filed, or any time after an acquittal or dismissal, with prior record exclusions repealed in Juvenile records may be expunged upon reaching age 18 after a 5-year waiting period if the person has no subsequent convictions of a felony or Class A misdemeanor and no charges are pending.
Juvenile records ineligible for expungement may be eligible for set-aside and sealing. Sealed records are not available to public or private employers, or landlords, but remain available to licensing agencies and other state and criminal justice agencies.
Expungement is mandatory for pardoned offenses. Courts have inherent authority to redact conviction records to expunge dismissed charges. Juvenile records may be expunged six months after discharge on a consent decree or upon reaching age 18; or five years after delinquency adjudication. Puerto Rico. Expungement of a conviction is available for misdemeanors and most felonies after a waiting period of six months misdemeanors or five years felonies without further conviction.
Rhode Island. It also provides additional authority for expunging other diversionary dispositions as well as decriminalized offenses, and for sealing non-conviction and juvenile records. Sealing and expungement have been held to be functionally identical. Additionally, up to six misdemeanors except for domestic violence and DUI convictions may be expunged after an arrest-free waiting period of 10 years if the person has no prior felony conviction. Some violent crimes are ineligible.
Expungement is available immediately upon completion of a deferred sentence, and convictions for decriminalized conduct may also be expunged. Non-conviction records may be sealed on petition, and a proviso limiting relief except in acquittals to those with no prior felony conviction was repealed in Expungement is defined to mean sealing, and there are broad exceptions.
Juvenile records are automatically sealed at disposition with some exceptions but may be used in subsequent sentencings. Certificates of relief : A Certificate of Recovery and Re-entry may be issued by the parole board to persons with no more than one nonviolent felony conviction, after completion of sentence and payment of fines and restitution.
Certificates are available for federal and out-of-state convictions. South Carolina. Records of minor misdemeanor convictions and summary offenses may be expunged and destroyed after three years if there are no subsequent convictions domestic violence convictions must wait five years. Youthful Offender Act age 17 to 25 convictions for first offense minor felonies and non-violent misdemeanors may be expunged after five years if no prior or subsequent convictions. Various diversionary and other authorities, including for victims of human trafficking, may lead to expungement for non-violent first offenses.
Traffic offenses cannot be expunged. Juvenile records may be expunged when the person turns 18, with some exceptions for violent offenses and repeat offenses. South Dakota. Arrests and convictions for Class 2 misdemeanors, municipal violations, and petty offenses are automatically sealed removed from the public record after five years if all court-ordered conditions are satisfied, and there are no intervening convictions.
There is no statutory authority to seal adult felony convictions unless they are pardoned. The state repository may destroy misdemeanor records after ten years, and records of individuals over 75 who have been crime-free for ten years. Sealing follows deferred adjudication for people with no prior conviction charged with any felony and misdemeanor offenses except those punishable by death or life imprisonment. Non-conviction records may be expunged one year after arrest if no charges were filed; and at any time after acquittal, or after dismissal with consent of prosecutor.
Juvenile records may be sealed after a one-year waiting period if there are no subsequent adjudications or convictions, and if the court finds rehabilitation. Juvenile records of victims of human trafficking or sexual exploitation may be vacated and expunged. Record relief : A person with no more than two convictions for specified misdemeanors and many nonviolent felonies Class E through C may petition for expungement on a one-time basis after waiting periods of five-to-fifteen years after completion of the most recent sentence.
Multiple contemporaneous convictions may be treated as a single offense and expunged. Courts must notify defendants of their eligibility for expungement at the time of sentencing. Expungement results in the destruction of the public record but the court retains a confidential copy that is available to law enforcement. Victims of human trafficking may have any crimes attributable to that status expunged, but at least one of the crimes must be for prostitution.
A pardon is grounds for expungement. Expungement restores firearms rights even for those convicted of drug and violent offenses. Deferred adjudication leading to expungement is available to persons charged with all but serious violent and sexual offenses, with no more than one prior conviction for a felony or serious misdemeanor that resulted in confinement. Diversion is available for those charged with misdemeanor or low-level felony offenses if a person has no prior felony or Class A misdemeanor conviction and no prior diversions.
The court must destroy public records in cases of acquittal or where charges have been dismissed; the court may also redact conviction records to expunge dismissed charges from electronic databases. Juvenile victims of human trafficking may petition to expunge prostitution convictions related to the trafficking. Persons with federal or out-of-state convictions are eligible. The court makes findings after a hearing about character, need for relief including for employment or licensing and public safety.
Sealing is discretionary after a waiting period of up to 5 years for first-offense DUI offenses. An order of nondisclosure prohibits criminal justice agencies from disclosing criminal history record information to the public, and such information is exempted from disclosure under the Public Information Act.
Victims of human trafficking may apply for set-aside and sealing for marijuana offenses, theft offenses, prostitution, or Class A misdemeanor solicitation, if they were placed on community supervision. Expunction is also available for pardoned offenses, and for class C misdemeanors that have been deferred. Sealing for juvenile adjudications is automatic at age 19 for misdemeanors and non-conviction records, as long as the person does not have a conviction or pending charges; sealing is discretionary upon petition at age 18 or two years after discharge for felonies and other adjudications ineligible for automatic sealing.
A person convicted of one felony and varying numbers of misdemeanors, each contained in a separate criminal episode, is eligible to apply to expunge all but serious and violent offenses after a waiting period ranging from 3 to 10 years after completion of sentence, including payment of fines and restitution. Expungement entitles a person to deny that the arrest or conviction occurred; public employers and licensing boards may not ask about or consider expunged convictions.
Non-conviction records are eligible for expungement by petition after 30 days if no charges are filed, the charges are dismissed and the limitations period has expired on all charges, or the person is acquitted. Juvenile records may be expunged following a one-year waiting period after age 18, and the person has no violent convictions within five years or pending charges.
In the event of an intervening conviction, the waiting period is extended to 10 years, with no felony conviction within 7 years and no misdemeanor within 5 years. Qualifying crimes are nonviolent non-sexual misdemeanors and several minor felonies including drug possession. In all cases, restitution must be paid in full. Convictions for offenses committed under age 21 may be sealed two years after discharge if the person is deemed rehabilitated. Deferred sentencing results in expungement upon successful completion.
Expungement is also available after two years under a diversion program available to those with up to two misdemeanors, and a youthful offender program for those convicted of certain minor offenses. The court must expunge or seal all non-conviction records after a short waiting period unless the government objects. Juvenile records are generally unavailable to the public and may be sealed two years after discharge, if restitution has been paid, the person has no subsequent convictions or pending proceedings, and rehabilitation has been attained.
Persons with out-of-state and federal convictions are eligible. UCCCA also requires that people be informed about expungement and sealing at sentencing, and recognizes relief granted in other states.
Virgin Islands. Expungement is authorized in misdemeanor cases; the government has the burden of proving by clear and convincing evidence that expungement should not be granted. Deferred adjudication is available for people with nonviolent first offenses and first-time drug possession offenses, with expungement after completion of probation.
Expungement is also authorized for any youthful offense after a 5-year waiting period if under age 21 at the time of the offense. Expungement of non-conviction records is mandatory after the limitation period for charges dismissed or not prosecuted. Expunged records may be disclosed only upon court order, and only to courts in a criminal case or for government employment.
Juvenile records may be sealed on motion two years after discharge if the person has not been convicted of a felony or misdemeanor, and no proceeding is pending seeking conviction or adjudication. A law enacted in authorizes automatic sealing for some misdemeanor convictions and non-convictions, a llows for sealing of felony acquittals and dismissals at disposition, and for sealing a broad range of misdemeanor and low-level felony convictions and deferred dismissals through a petition-based court process.
Until that law becomes effective in , there is no statutory authority to seal or expunge convictions, except that an absolute pardon for innocence or judicial writ of innocence permits expungement. Deferred dispositions are available, but expungement is not an option. After expungement, a person may deny any record and employers may not inquire about it.
Juvenile records are generally unavailable to the public and are automatically destroyed after the person turns 19, and five years have passed since the last hearing, subject to a few exceptions. For felonies there is a 5 to 10 year waiting period, and for misdemeanors a 3 to 5 year waiting period, during which there may be no new convictions.
Certain misdemeanors involving violence or sexual assault are ineligible, but a single domestic violence conviction may be vacated after five years. Financial penalties need not be satisfied for felonies if five years have elapsed after supervision, but anomalously this requirement remains for misdemeanors.
Pardon automatically vacates conviction. Vacatur results in limiting public access to state repository records, but there is no statutory authority to seal or limit access to court records. A court rule permits limiting access to vacated court records but only in compelling circumstances.
Non-conviction records must be deleted from agency records after a two-year waiting period if disposition is indicated, and after three years if no disposition is indicated, except that deletion is discretionary in diversion cases, if the person has an additional criminal record, or if subsequent charges are pending. Records in cases where sentencing deferred may also be sealed.
Juvenile adjudication records are automatically sealed except serious violence, sex, and drug offenses upon satisfaction of terms and conditions of disposition, unless the court finds compelling reasons not to seal after a hearing; juvenile adjudications ineligible for automatic sealing may be sealed after a crime-free 2-to-5 year waiting period. Judicial certificates : Judicial Certificates of Restoration of Opportunity CROP are available for all but the most serious crimes, after a waiting period ranging from 1 to 5 years after sentencing or release from confinement.
CROPs prohibit licensing agencies from disqualifying individuals solely based on their conviction record. While employers and housing providers are not required to consider them, CROPs offer some protection against liability. West Virginia. Some misdemeanors and nonviolent felonies are eligible for expungement after a 1 to 5 year waiting period.
A person may apply for more than one misdemeanor but only for a single felony including offenses arising from the same transaction or series of transactions.
A hearing is required: applicants must obtain and serve documents on multiple parties, and must show by clear and convincing evidence that expungement is consistent with the general welfare and that they are rehabilitated. Victims of human trafficking convicted of prostitution may petition for vacatur and expungement. Pardoned convictions are eligible for expungement after a one-year waiting period, five years after completion of sentence.
There is broad statutory authority for deferred adjudication leading to expungement. Records of acquittals and dismissals may be expunged on petition, except where the defendant has a prior felony conviction. Juvenile records are automatically sealed one year after discharge, or when the person turns 19, unless the case was transferred to adult court.
There is no statutory authority to seal or expunge convictions, except in two specialized scenarios. A youthful conviction under 25 at time of offense for a misdemeanor or a minor non-violent first-time felony may be expunged upon successful completion of the sentence, but only if the court orders this relief at the time of sentencing. Victims of human trafficking may petition to have prostitution convictions vacated and expunged.
Deferred prosecution is available in domestic violence and some sex offense cases; upon successful completion of deferral, the charges are dismissed and no conviction results. Non-conviction records criminal justice, but not court records may also be expunged, including records in which prosecution was deferred, under a statute providing for the return of fingerprint records when an arrested person is released without charges or cleared of the offense.
Upon petition, juvenile records may be expunged once the person turns 17 and the sentence is completed, if the court after a hearing finds a benefit to the individual and no harm to society.
A single felony conviction may be expunged ten years after the sentence expires if the applicant has no other felony convictions and paid any restitution. This relief is not available for felony firearm offenses, for many sexual offenses, and for crimes involving violence, child endangerment, bribery, perjury, DUI, drug distribution. A handful of misdemeanors simple assault, domestic violence, reckless endangerment and breach of peace may also be expunged after five years if the offense did not involve use of a firearm.
A hearing is required under either authority only if there is an objection. Expungement relief is available only once for misdemeanors. Deferred sentencing is authorized on a one-time basis for misdemeanors and first felony offenses, excluding certain serious crimes; no conviction results but expungement is unavailable.
Non-conviction records excluding deferred sentences may be expunged days after dismissal of proceedings if no other charges are pending.
Victims of human trafficking may have prostitution convictions vacated, after which they presumably may be expunged as non-convictions. Juvenile records and certain municipal and circuit court cases, and non-conviction records of minors charged as adults may be expunged and destroyed upon petition after reaching age 18, if the person has no subsequent felony convictions and rehabilitation is attained to the satisfaction of the court or prosecutor.
Deferred sentencing is authorized on a one-time basis for misdemeanors and first felony offenses, excluding certain serious crimes, and no conviction results.
Non-conviction records may be expunged days after dismissal of proceedings if no other charges are pending. Authority for expunging, sealing, or setting aside convictions 2. Automatic record clearing 3. Process for expunging or sealing adult non-conviction records 4. Judicial certificates of relief 5. State-by-state information. Misdemeanor relief 4, D. Idaho no sealing. Certain minor misdemeanors 2. Certain marijuana-related records 4. Crimes of moral turpitude for disenfranchisement purposes are also excluded.
See Ex parte Eason, So. Expungement for victims of human trafficking convicted of misdemeanors, and of felonies including some designated as violent prostitution, domestic violence, child pornography.
Records of most delinquency adjudications sealed after final discharge or court order if no pending criminal proceedings. May petition to have records destroyed five years after age of majority.
Courts may on petition expunge non-conviction records of felony and misdemeanor charges, including cases where charges dismissed after completion of court-approved diversionary program. In , authority expanded to cover violent felonies. Records remain available to government regulatory or licensing agencies, utilities, banks and financial institutions.
State record repository must remove arrest record from rap sheet after 30 days if not charged or if cleared of the offense. Court may suspend imposition of sentence and set aside conviction after successful completion of probation for certain offenses.
Alaska Stat. May not be used as predicate, but limited use for enhancement of sentence. Records of juvenile adjudications are generally confidential and unavailable to the public, and most may be sealed by court at age 18 or release of jurisdiction if later.
Records of juveniles charged as adults may be sealed five years after completion of sentence If charged as adult, most juvenile records sealed five years after completed sentence or after records made public. Non-conviction records generally unavailable to the public.
Sealing of non-conviction records only in case of mistaken identity or false accusation. Courts may not publish online records of cases resulting in acquittal or dismissal. Effective December 31, , misdemeanors and all but violent and sexual felonies may be sealed after a waiting period ranging from two to ten years after completion of sentence and payment of court debt.
Set-aside is also available upon discharge for all but violent and sex offenses. Relieves collateral consequences, but does not seal record and conviction must be disclosed. Serves as predicate. In , Arizona authorized courts to issue a Certificate to Second Chance to a person whose conviction has been set-aside. Courts are authorized to establish drug court programs, where people may be offered diversion. See Ariz. If a person admitted to the program fails to comply with the terms of participation, they may be found guilty and the judgment deferred by the court.
If the person succeeds, the charges are dismissed. No sealing is authorized. Prostitution convictions of victims of human trafficking may be vacated, do not serve as prior, and need not be reported unless fingerprint background check authorized.
No hearing unless prosecutor objects. If 18 years or older, may apply to set aside juvenile adjudication upon discharge from probation or absolute discharge for certain offenses.
Predicate effect. Effective December 31, , non-conviction records may be sealed, Ariz. Until then, the only authority is in cases where someone has been wrongfully arrested or charged. Minor felonies and drug convictions eligible for sealing after 5 yrs. Misdemeanors eligible immediately after completion of sentence. Serious violent and sexual offenses ineligible.
Sealed conviction "shall be deemed as a matter of law never to have occurred, and the person may state that the underlying conduct did not occur and that a record of the person that was sealed does not exist. Ark Code Ann. Deferred adjudication for first-time offenders may lead to sealing serious violent felonies and certain sex offenses ineligible.
Code Ann. Pre-adjudication probation program established by court. Both court and prosecutor must agree on admission. Sealing of prostitution convictions for victims of human trafficking. Sealing is mandatory so long as the court finds by a preponderance of the evidence that the conviction was the result of being a victim of human trafficking. If ineligible for sealing may seek pardon, which results in automatic sealing for all but a few serious offenses. For most offenses, may apply to set aside adjudications upon majority if discharged from probation or absolute discharge and no subsequent conviction or pending charge.
Set-aside relieves penalties and disabilities, with exceptions for those imposed by Dept. Courts may issue certificates of rehabilitation for state law offenses, which affect consideration for employment, operate as first step in pardon process. See Cal. Dismissal of charges or set-aside for probationers, misdemeanants, and minor felony offenders sentenced to county jail.
Rights restored and use limited in certain contexts, but does not seal or limit public access. May be used as predicate offense and disclosed in certain contexts. Effective January 1, , a new automatic process will take effect for eligible convictions occurring after that date, with limits on dissemination by courts a repositories.
Misdemeanors if committed under age 18 may be sealed if otherwise eligible. Deferred sentencing for felony convictions, treated as misdemeanors following successful completion of probation. No sealing except for certain under-age misdemeanants.
Successful completion results in dismissal of charges and sealing. Mandatory sealing for records of decriminalized marijuana offenses. Relief made systematic in
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