Judicial expungement is mandatory, upon petition to the court, for non-conviction records, misdemeanors, and eligible less-serious felonies; expungement is discretionary for more serious felonies. Eligibility waiting periods range from one year for non-conviction records to ten years following completion of sentence for the most serious felonies. After expungement, non-conviction records, and records of misdemeanors and minor felonies are sealed; more serious felonies remain public but are “marked as expunged.” Convictions of victims of human trafficking may be vacated and expunged as a non-conviction record, and pardoned convictions are automatically expunged and sealed. Certain offenses are ineligible for expungement, and anyone convicted of such offenses is not eligible for expungement of any otherwise eligible crimes (such offenses include sexual or violent offenses, misconduct in office, or two or more separate felonies involving unlawful use of a deadly weapon). Courts may expunge juvenile records at any time upon petition; courts must expunge automatically upon reaching age 19 (ex. for felonies).
In 2022 expungement was made automatic for most non-conviction records.
Expungement may be granted without a hearing unless the prosecutor objects; all fines and fees must be paid and no charges may be pending. Where expungement is sought for a conviction, a petitioner may seek to expunge multiple convictions in multiple courts, but all petitions must be filed within one year; after that year, a person may not file another petition in their lifetime. Once records are expunged, only a criminal justice agency may access them without a court order. Expungement restores rights (including firearms to all but serious violent offenders), limits employer/licensing inquiry, protects against discrimination, and bars reporting by private background screeners. Administrative sealing of convictions is also available from the state police after 15 years. Deferral or continuance of prosecution is available for a “drug abuser” or “alcoholic” charged with a less serious felony, if they have no more than one prior conviction.
