EXPUNGEMENT
Expungement
What is Expungement?
Expungement means that a criminal record is completely erased. When a record is expunged, no one—not even the police or courts—have access to it. After a record has been expunged, it no longer exists. Not many kinds of records can be expunged, so please see below for more information about the expungement process.
Is My Record Eligible For Expungement?
- Nonconvictions : Non-convictions, which are charges that did not result in a conviction, can be expunged immediately. This includes charges that were “Dismissed”, “Withdrawn”, “Not Guilty”, and “Nolle Prossed”.
- Summary convictions : Summary (“S”) convictions can be expunged as long as you have been arrest-free for five years following the conviction and paid all fines and costs. Keep in mind that Summary (“S”) convictions are eligible for expungement sooner than they are eligible for sealing.
- Diversion programs : Diversion programs, if you completed a diversion program such as ARD, the Small Amount of Marijuana Program, or Section 17, your charges can be expunged.
- 70 years old : Convictions for those who are 70-years old and older and have been arrest free for 10 years can be expunged. Many juvenile records can also be expunged.
Do I need to pay off court fees, fines and restitution before my case is expunged?
Yes. Court fines and costs much be paid before most records can be expunged. Look up your record to see if you owe court fines and costs. Find out how.
How do I expunge my record?
The first step in the expungement process is to file an expungement petition. If you are low-income, you may be eligible for free legal assistance with filing petitions to clear up your record. Find Legal Help.
You may be able to file petitions on your own using the forms for expungement available here. Please note that there are filing fees for each petition you file. Before you file, you should call the court clerk’s office in the county where the arrest took place to find out what documentation you will need.
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Find a Legal Representative
A legal representative in the county of your arrest can file record clearing petitions or help with complicated issues. Free legal services may be available.
