Expungement Laws Across the United States (Criminal Record Removal)

United States Expungement LawsDo you want to seal your criminal record from certain databases? Record expungement can help open doors to employment, housing, voting rights, and more. Here are the applicable expungement laws for all 50 states.

Alabama

In the state of Alabama, you cannot expunge or seal a conviction if you are an adult. You can expunge non-conviction records for nonviolent felonies or misdemeanors.

Alaska

You cannot expunge adult convictions in Alaska. Since non-conviction records are usually not public, you cannot expunge them unless you have special circumstances.

Arizona

Arizona does not have an expungement law. However, you may be eligible to have your record “set-aside” as long as you are not a violent or sex offender. The state does not seal or expunge non-conviction records.

Arkansas

Arkansas will expunge minor felonies, drug convictions, misdemeanors, and prostitution convictions for victims of human trafficking. The state will not expunge records for serious violent, sexual, and certain motor vehicle offenses. Arkansas will seal non-conviction records unless there is a public safety issue.

California

In California, you can have a conviction “set-aside” for misdemeanors and minor felonies. California expunges records for successful probationers and certain juvenile cases. You can seal and destroy non-conviction records with permission from the prosecutor.

Colorado

Colorado seals drug conviction records, including minor felonies and petty offenses. The state must seal marijuana misdemeanors. Colorado will seal non-conviction records if the court dismisses the charges or you receive an acquittal.

Connecticut

Connecticut will erase non-conviction records. In addition, the state also has deferred adjudication processes that erase records after three years. Connecticut also erases pardoned offenses after three years.

Delaware

Delaware must expunge non-conviction records for first-time misdemeanors and violations. For other non-conviction records, pardons, diversions, and deferred adjudications, the state will expunge based on the circumstances.

District of Columbia

Washington, D.C. will seal records for certain misdemeanors and “failure to appear” charges. The courts can also seal non-conviction records after a two-year waiting period.

Florida

The state of Florida will expunge records after 10 years for deferred adjudications, certain juvenile cases, and human trafficking victims. The state will seal or expunge certain first-time non-conviction records.

Georgia

In Georgia, the courts can seal first-offender drug charges, juvenile misdemeanors, and non-conviction records. The state will not expunge adult convictions or arrest records.

Hawaii

Hawaii will expunge records for nonviolent first-time offenders, including certain minor drug offenders and those with deferred adjudication. The state will expunge non-conviction records.

Idaho

Idaho will reduce felonies to misdemeanors after successful probation. However, the state will not expunge or seal adult records, including non-conviction records. The state may expunge juvenile records and allow certain sex offenders to remove themselves from the registry.

Illinois

Illinois will seal misdemeanors, felonies, and deferred adjudications after three years, except for certain serious offenses. The state will expunge juvenile records, pardoned offenses, and non-conviction arrests.

Indiana

Indiana requires mandatory expungement of non-convictions, pardons, minor felonies, and misdemeanors, as well as discretionary expungement of serious offenses. Expungement and sealing requirements are subject to certain criteria.

Iowa

Under Iowa law, first-time offenses, acquittals, and dismissals are eligible for expungement. The courts expunge first-time juvenile records automatically.

Kansas

Kansas will expunge most convictions, except for violent and sex crimes. The court will expunge non-conviction records as well.

Kentucky

Kentucky will expunge first-time misdemeanors and violations, along with pardoned convictions and certain felonies depending on a set of criteria.

Louisiana

Louisiana will expunge certain felonies, misdemeanors, non-conviction records, and juvenile offenses. The state will not expunge violent crimes, sex offenses, drug trafficking, and crimes against children.

Maine

Maine will seal certain Class E offenses. However, the state does not have any expungement or sealing laws. In addition, non-conviction records are not public and do not require expungement.

Maryland

Maryland will expunge certain misdemeanor convictions automatically, unless there is an objection. The state will also expunge non-conviction records, nuisance convictions, deferred adjudication, and pardoned nonviolent first offenders.

Massachusetts

Massachusetts does not expunge records. The state may seal felonies, misdemeanors, pardons, and non-conviction records depending on circumstances and eligibility. However, a new law introduced in September 2018 may change the laws.

Michigan

Michigan will “set-aside” felony convictions and misdemeanors. The state will expunge non-conviction records for first-time offenders.

Minnesota

Minnesota will expunge misdemeanors and certain minor nonviolent felonies, as well as diversions and non-convictions.

Mississippi

Mississippi will expunge juvenile and non-conviction records. However, misdemeanors and felonies may receive deferred adjudication, but not expungement unless required by law.

Missouri

In Missouri, the courts can expunge certain nonviolent felonies and misdemeanors. Non-conviction records may be eligible for expungement as well.

Montana

In Montana, all misdemeanors may receive an expungement, subject to certain requirements. Courts may expunge pardons and non-conviction records as well.

Nebraska

Nebraska offers set-aside for people on probation. The state will expunge certain arrest and juvenile records. Non-conviction information is private to law enforcement.

Nevada

In Nevada, you can expunge first-time felonies and misdemeanors. Alcoholics and addicts may receive deferred sentencing, treatment, and record sealing. The state will seal non-conviction records.

New Hampshire

New Hampshire will annul nonviolent, less serious offenses and non-conviction records.

New Jersey

New Jersey will expunge felonies, misdemeanors, and petty offenses as long as they are not violent or serious.

New Mexico

New Mexico will provide deferred sentencing for all cases except first-degree felonies. The state will expunge juvenile and arrest records.

New York

New York will seal up to two convictions for all offenses except violent, serious, or sex crimes. The state will also seal certain drug offenses, misdemeanors, non-convictions, and juvenile records.

North Carolina

North Carolina will expunge nonviolent misdemeanors and certain felonies, along with certain juvenile and drug offenses. The state will also expunge non-conviction records.

North Dakota

North Dakota will set-aside minor felonies. The state will only expunge non-conviction records, deferred adjudications, and certain juvenile records.

Ohio

Ohio will seal misdemeanors and felonies in certain circumstances, as well as non-conviction records.

Oklahoma

Oklahoma will expunge certain misdemeanors and pardoned, nonviolent felonies. The state will also expunge deferred adjudication, juvenile records, drug offenses, and certain non-conviction records.

Oregon

Oregon will set-aside misdemeanor and felony offenses as long as they are not serious or violent. The state will set-aside non-conviction records and expunge juvenile records.

Pennsylvania

Pennsylvania will seal certain misdemeanors and other offenses. Expungement is available for summary offenses, violations, and to offenders 70 years and older. The state will expunge certain non-conviction and juvenile records.

Rhode Island

Rhode Island will expunge nonviolent first offenders. The state will seal deferred adjudication, probation, juvenile, and non-conviction records.

South Carolina

South Carolina will expunge first-time misdemeanors, certain drug offenses, non-conviction records, and nonviolent juvenile records.

South Dakota

South Dakota will seal petty offenses, certain misdemeanors, and municipal ordinances. In addition, the state will seal certain deferred adjudications, pardons, and juvenile records. The state will expunge non-conviction records.

Tennessee

In Tennessee, courts will expunge less serious, nonviolent offenses, deferred adjudications, pardons, and certain juvenile records. In addition, the state will destroy non-conviction records.

Texas

Texas will seal most first-offender misdemeanors, certain felonies, and certain deferred adjudications. The state will expunge pardons and non-convictions.

Utah

Except for serious and violent offenses, Utah will expunge all offenses subject to certain criteria. This includes non-convictions, pardons, and juvenile records.

Vermont

In Vermont, nonviolent, non-sexual misdemeanors, certain felonies, and deferred sentences may be eligible for expungement. The state will also expunge non-conviction records.

Virginia

Virginia will grant deferred adjudication to drug offenders. The state will expunge certain pardons, juvenile offenses, and non-conviction records.

Washington

Except for serious offenses, Washington will “vacate” most records. The state will seal juvenile and non-conviction records.

West Virginia

West Virginia will expunge misdemeanors for offenders between the ages of 18 and 26, excluding violent crimes, DUI, and crimes against children. The state will reduce nonviolent felonies to misdemeanors. West Virginia will seal juvenile records.

Wisconsin

Wisconsin will expunge misdemeanors and minor felonies for offenders age 25 and younger. The state will expunge juvenile records as well.

Wyoming

Wyoming will expunge certain first-time felonies and misdemeanors that do not involve firearms. The state will also expunge juvenile and non-conviction records.

If you or a loved one require legal representation, contact Rosenfeld Injury Lawyers today.

Sources:

https://criminal.findlaw.com/expungement/expungement-and-criminal-records-state-specific-information.html

https://www.mynevadacounty.com/DocumentCenter/View/21096/50-State-Guide-to-Expungement-and-Restoration-of-Rights?bidId=