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Eligibility Requirements

Eligibility for Expungements

You may be eligible to clear an arrest from your record through a process called expunction if:

  •  charges were never filed, or
  • charges were filed, but then dismissed, or
  • you were acquitted, or
  • you were pardoned or otherwise granted a relief based on your actual innocence in a case or,
  • you have not been tried and the prosecutor recommends expunction.

It is also imperative that you meet the additional requirements set out in the law and listed in the Petition for Expunction of Criminal Records. The preceding information is taken from the Penal Code and in no way is to be taken as legal advice.


Eligibility for Non-Disclosure (Record Sealing)


For your juvenile record to be sealed, you usually must be at least 18 when you petition for sealing a criminal record, or five years must have elapsed since you served your penalty or probation term. You usually will have to have had only one offense or a few minor offenses and you cannot have committed any other criminal acts between the time of your juvenile offense or offenses and the time you petition to seal the record. Traffic and parking violations can usually not be sealed.

Requirements for Getting an Adult Criminal Record Sealed

It may be possible to get your adult criminal record sealed if you have only one conviction, or multiple convictions stemming from the same offense which was your first offense. Usually first and second degree felonies and any crimes involving children or the elderly as well as any sex or drug offenses cannot be sealed, although a felony drug offense can sometimes be reduced to a misdemeanor. There will typically be a waiting period of several years before you can apply to seal your record, a period which will be longer for a felony than for a misdemeanor. The preceding information is for informational purposes only and is not intended to be construed as legal advice.

Eligibility for a Pardon

Who is Eligible for a Federal or State Government Pardon?

When you apply for a pardon you must have completed the following requirements:

1. You must have completed your sentence including any and all parole   requirements

2. You must have paid any and all fines related to your case

3. You must have paid any and all financial penalties related to your case

4. You must have completed your probation period

5. You must have served any waiting time

6. You must have demonstrated that you are a law-abiding citizen

The preceding information is for informative purposes only and is not to be construed as legal advice.