Courts may expunge (or seal, a term used interchangeably) misdemeanors and a list of about 50 non-violent felonies, after waiting periods ranging from 2 to 4 years after completion of sentence. A formal petition need not be filed if the prosecutor does not object. In all cases the court must balance the interests of the public and public safety against the disadvantages to the subject. For convictions not on the statutory list, the courts may entertain petitions pursuant to their common law authority, but the statutory procedures and standards apply. Less serious felony convictions may be reduced to misdemeanors, and deferred adjudication is available for first drug offenses. Per a 2023 law, most misdemeanor and felony records eligible for petition-based expungement will be sealed automatically effective January 1, 2025, with varying waiting periods and no intervening convictions except petty misdemeanors. Pardoned convictions and some marijuana convictions will also be automatically expunged. Expunged records may not be considered in connection with public employment or licensing decisions, and if a business screening service knows that a criminal record has been expunged, or is the subject of a pardon, it must promptly delete the record. Expunged records may not be the basis of negligent hiring liability.
Non-conviction records may be expunged upon request at disposition, and are eligible for automatic expungement in 2025. Where no charges are filed, arrest records must be destroyed if a person was not convicted of a felony or gross misdemeanor in the prior ten years. Records of juvenile adjudications may be expunged by the court at any time, applying the same balancing test that applies to adult expungements. Juvenile records are generally available only until their subject reaches the age of 28.