Expungement is authorized for all non-Class A felonies and all misdemeanors, subject to a lengthy list of exceptions for violent offenses, sex offenses, other more serious crimes, and driving offenses involving liquor or commercial driver’s licenses. Only one felony and two misdemeanors may be expunged in a lifetime (but all counts in a single indictment may be counted as a single offense). There is a waiting period of three years after completion of sentence for felonies and one year for misdemeanors, during which there may be no new convictions, and fines and restitution must be paid. The court notifies the prosecutor, who in turn is responsible for notifying any victim. A hearing may be dispensed with if the parties agree, but the court in each case must find that the petitioner is not a threat to public safety and that expungement is in the public interest. In addition, prostitution pleas and convictions may be expunged if the person was a minor acting under coercion. Expunged records are generally not available to the public, but remain available to criminal justice agencies, licensing agencies, and employers that are required to exclude convicted individuals.
Any felony or misdemeanor for which probation may be imposed is eligible for suspended imposition of sentence. Records in cases disposed of favorably to the defendant are automatically “closed,” but expungement is available only pursuant to the same eligibility rules and procedures that apply to convictions. Juvenile records are generally unavailable to the public, and juveniles may petition the court to destroy their records once they reach the age of 17.
