Expungement of convictions is available upon petition to the court for all but serious violent and sexual offenses, following a waiting period of three to five years after completion of sentence. There is a presumption in favor of expungement if the petitioner has not been convicted of a felony in the past two years, no charges are pending, and the court finds that “the circumstances and behavior of the petitioner warrant the expungement” and expungement is “consistent with the public welfare.” Victims of human trafficking may petition for expungement of prostitution convictions and diversions after one year. A person must be informed at each stage of the criminal process about the possibility of obtaining expungement, including upon release from prison. After expungement, a person “shall be treated as not having been arrested, convicted or diverted of the crime,” except that the expunged conviction may be considered in a subsequent criminal proceeding.
Prosecutors have authority to enter into diversion agreements promising dismissal of charges in all but the most serious cases, and courts may make rules to offer diversion without statutory limits. Non-conviction records may be expunged on petition if the court finds either that the person was acquitted, or that expungement would be “in the best interests of justice and charges have been dismissed or no charges have been or are likely to be filed.” There is a filing fee of up to $195 to expunge non-conviction and conviction records. Juvenile records may be expunged after a hearing if the court finds that the person is at least age 23 or two years have passed since final discharge, there have been no subsequent convictions or adjudication, no charges are pending, and the petitioner’s circumstances and behavior warrant expungement.
