Record relief: Most misdemeanor and felony convictions are eligible for sealing upon petition three years after termination of the person’s most recent sentence, if they have no intervening findings of guilt. Eligibility does not depend upon payment of court debt, and restitution may be reduced to a civil judgment. Ineligible offenses include DUI, sex crimes, animal care crimes, and domestic battery. Non-conviction records may be expunged (as opposed to sealed) as may those that have been pardoned (if the pardon document so authorizes). Immediate sealing is available for victims of human trafficking for any offense related to the trafficking. Sealed records of felonies may be released pursuant to state or federal laws requiring a background check.
Deferred adjudication is available for first-time nonviolent felony offenses, with expungement five years after successful completion of probation. Non-conviction records may be sealed on petition at disposition, and may be expunged if the person has no prior convictions. In addition, marijuana arrests and convictions may be expunged pursuant to a tiered procedure involving automatic relief for non-conviction records and minor possession offenses, and relief by petition for more serious offense. Most juvenile records are automatically expunged after a waiting period that varies from zero to two years, except that those adjudicated for more serious felonies must petition for expungement after two years. All juvenile records which have not been expunged are sealed.
Judicial certificates: Courts are authorized to issue two types of certificates. A Certificate of Relief from Disabilities addresses licensing restrictions and creates an enforceable “presumption of rehabilitation” that must be given effect by a licensing board. A Certificate of Good Conduct lifts mandatory employment, licensing and housing bars, and evidences the individual’s rehabilitation. Certificates may be issued by the sentencing court, either at the time of sentencing or upon satisfactory completion of sentence, or by the circuit court to those convicted of federal and out-of-state offenses, after a brief waiting period.
