Expungement of Records

Removal of Criminal Convictions

Eligibility and Waiting Periods

• Non-violent Misdemeanors

  • Request may be made 60 days after the offense, provided no additional offenses have been committed within the prior 60 days.

• Violent Misdemeanors

  • Request may be made 90 days after the offense, provided no additional offenses have been committed within the prior 90 days.

• Non-violent Felonies

  • Request may be made 90 days after the offense, provided no additional offenses have been committed within the prior 90 days.

• Violent Felonies

  • Request may be made 180 days after the offense, provided no additional offenses have been committed within the prior 180 days.

• Fee

  • A processing fee of $5,000 must be paid to the DOJ for each conviction to be sealed/expunged.

Judicial Determination

• After reviewing the applicant’s compliance with the eligibility and waiting period requirements, the judge will determine whether each conviction is to be sealed or expunged. This determination considers the specifics of the case, including the nature of the offense and the applicant's overall criminal history, to decide if the record should be hidden from public view (sealed) or completely removed from the official system (expunged).

Charge Sealed

• When a charge is sealed, the record is hidden from public view. Although it remains in the official system and can be accessed by law enforcement or under specific circumstances (such as for certain legal or governmental inquiries), it is not available through standard background checks or public records. This process allows individuals to move forward without the stigma of a past charge while preserving the record for internal or future legal use.

Charge Expunged

• When a charge is removed, the record is completely expunged from the official system. In essence, it is as if the charge never occurred. This means that the record will not appear in any background checks or public records, providing the individual with a clean slate. Removal typically occurs when charges are dismissed, overturned, or successfully expunged through legal processes.

Unsealing a Charge

• In certain circumstances, a charge that has been sealed may be unsealed, meaning the record becomes publicly accessible once again. Typically, unsealing occurs when there is a compelling need—such as ongoing law enforcement investigations, national security concerns, or when required by legal proceedings—to review the sealed information. A party may petition the court for unsealing, and the judge will review the request, weighing factors like the reasons for unsealing, the individual's overall criminal history, and the potential impact on the individual's rights and public safety. If the judge determines that unsealing is warranted, the record will be restored to public view and will appear in standard background checks and public records.