Record Expungement

Record restriction (or expungement) is a process that restricts eligible records on a person’s official criminal history report from public view and makes them visible only to law enforcement for criminal justice purposes. Certain criminal history records can be restricted for non-criminal justice purposes including applying for employment or getting licenses.

An individual is eligible to have his or her record expunged if the prosecuting attorney determines that: 

• The offense was not referred to the prosecuting attorney for prosecution;
• The prosecuting attorney dismisses the charge without seeking an indictment or filing an accusation;
• No other criminal charges are pending;
• The individual has not been previously convicted of the same or a similar offense.

The record will not be expunged if the prosecution decided not to prosecute a criminal case (nolle prossed), the case was dead docketed or otherwise dismissed because:

• Of a plea agreement resulting in a conviction for an offense arising out of the same underlying transaction;
• The government was barred from introducing material evidence;
• A material witness refused to testify or was unavailable;
• An individual was incarcerated on other criminal charges and the prosecuting attorney elected not to prosecute;
• The conduct was part of a pattern or criminal activity; or
• The individual had diplomatic or similar immunity.