There is no statutory authority to seal or expunge adult convictions, including pardoned convictions, with one exception: victims of human trafficking convicted of prostitution or other offense as a result of being trafficked may petition “to vacate such conviction and/or to expunge the criminal history records.” Any defendant who was convicted of a misdemeanor or felony and not sentenced to a prison term, or whose sentence was deferred, may apply to the sentencing court upon discharge to have the sentence set aside and the charges dismissed, or for a reduction of the conviction from a felony to a misdemeanor. In addition any person convicted of a felony and sentenced to a prison term may have the sentence reduced to a misdemeanor five years after discharge, or earlier if the prosecutor so stipulates. The defendant must not have been convicted of any further felony or have charges pending, and the court must find “good cause.” Only treason, murder and sex offenses are not eligible. The dismissal “shall have the effect of restoring the defendant to his civil rights,” including firearms rights, but there is no authority to expunge or seal the record.
Other non-conviction records may be sealed upon request to the state police after one year. Juvenile adjudications, except for serious offenses, may be expunged after a waiting period (five years for felonies, one year for misdemeanors). After a hearing, the court shall grant expungement petition if it finds the person has been held accountable, is a contributing member of society, and expungement will not risk public safety.
