With certain exceptions, convicted persons are entitled to have their records sealed upon application to the department of probation 7 years after disposition or release from confinement for a felony and 3 years for a misdemeanor, without a conviction in the waiting period.  Exceptions include firearms offenses, crimes by public officials, and crimes “against public justice” such as perjury and witness tampering.  For sex offenses, the waiting period is 15 years after completion of sentence and removal from registry, unless registered as Level 2 or 3.  Pardoned convictions are eligible for immediate sealing.  Victims of human trafficking may petition the court to vacate a conviction for prostitution or simple drug possession, with sealing to follow.  Records of decriminalized offenses, including marijuana possession, may be sealed immediately.  Sealing prohibits use in connection with employment, housing and licensing, but it does not expunge.

Some non-conviction records are eligible for automatic sealing (acquittals and deferred adjudication cases), and some require a judicial finding “that substantial justice would best be served” (nolle prosequi or dismissed charges).  Juvenile records must be sealed upon request if 3 years have elapsed, with no adjudication, guilty findings (except some motor vehicle offenses), imprisonment or juvenile custody in the preceding 3 years.  Records of nonviolent non-sexual juvenile adjudications are eligible for expungement (permanent erasure or destruction) after three years for misdemeanors and seven years for felonies.