Courts are authorized to expunge convictions for all but the most serious violent offenses after a conviction-free waiting period ranging from 2 to 10 years after completion of sentence, including payment of fines and fees. The court must find after a hearing that “justice will be served by an order to expunge,” applying a multi-factor test. Expungement is defined as limiting public access. Deferred sentencing following a plea is available except in first-degree felony cases, and expungement is available under the procedures and standards applicable to convictions. Certain marijuana-related records are subject to automatic expungement. Victims of human trafficking may petition to have their records sealed if the offense was not a homicide and the offense was directly related to the trafficking. Expungement is available for post-plea deferred and diversionary dispositions, but these dispositions count as convictions for purposes of subsequent sentencing. Expungement by petition is available for non-conviction records (including conditional discharges) after a one-year waiting period, so long as no charges are pending.
Juvenile records are generally unavailable to the public. Upon motion to the court made by a person over 18 years old (or younger, upon a showing of good cause), the court is required to seal all records so long as two years have passed since release from custody/supervision (or entry of judgement), and there have been no subsequent adjudications or convictions for any felony or misdemeanor involving moral turpitude, and no charges are pending.
Judicial certificates: Uniform Collateral Consequences of Conviction Act provides for collection, notification, limited relief from mandatory consequences, and standards for discretionary disqualification. Gives effect to out-of-state relief, and relief is available to those with federal and out-of-state convictions.
