Expungement and Criminal Records: State-Specific Information

Below you will find state-specific information on criminal records and expungement (where available online), from sources such as state judiciaries, attorneys general, and state police agencies.

 

Alabama	Computerized Criminal History System (Alabama Criminal Justice Information Center)
Alaska	Criminal Records FAQs (Alaska Department of Public Safety) Request to Seal Criminal Justice Information [PDF file} (Alaska Department of Public Safety)
Arizona	Criminal History Records (State of Arizona – Department of Public Safety) Criminal History FAQs (State of Arizona – Department of Public Safety)
Arkansas	Criminal Background Check (Arkansas State Police)
California	Clean Up Your Criminal Record (California Courts Self-Help Center) Petition and Order for Expungement [PDF file] (California Courts Self-Help Center)
Colorado	Forms: Sealing of Criminal Records (Colorado Judicial Branch)
Connecticut	Connecticut Law About Criminal Records (Connecticut Judicial Branch) Erasure of Criminal Records (CT Statute) (Connecticut General Statutes)
Delaware	Expungement of Criminal Records (Delaware Code)
District of Columbia	Sealing and Expungement of Records (Public Defender Service for the District of Columbia) Criminal Record Sealing Act of 2006 [PDF file]
Florida	Seal and Expunge Process (Florida Department of Law Enforcement) Obtaining Criminal History Information (Florida Department of Law Enforcement)
Georgia	Obtaining Criminal History Record Information (Georgia Bureau of Investigation)
Hawaii	Expungements (Hawaii Attorney General)
Idaho	Criminal History Information (Idaho State Police)
Illinois	Expungement Information (Office of the State Appellate Defender ) Expungement: General Guidelines [PDF file] (Illinois Attorney General)
Indiana	Limited Criminal History Search (Indiana State Police)
Iowa	Criminal History Records (Iowa Department of Public Safety)
Kansas	Criminal History Record Check (Kansas Bureau of Investigation) Frequent Questions: Criminal History (Kansas Bureau of Investigation)
Kentucky	Petition/Motion for Expungement [PDF file] (Commonwealth of Kentucky Court of Justice) Background Check Forms (Kentucky State Police)
Louisiana	Bureau of Criminal Identification and Information (Louisiana State Police)
Maine	Criminal History Records Requests (Maine Courts)
Maryland	Expungement (District Court of Maryland)
Massachusetts	Requests to Seal Files (General Laws of Massachusetts Ch. 276:100A) Sealing, Expungements, and Pardons (Massachusetts Trial Court Law Libraries)
Michigan	Getting an Adult Criminal Conviction Removed (Michigan Courts) Application to Set Aside Conviction [PDF file] (Michigan Courts)
Minnesota	What is Criminal Expungement? (Minnesota Judicial Branch) Forms: Expungement of a Criminal Record (Minnesota Judicial Branch)
Mississippi	Expunction (MS Statute)
Missouri	Petition for Expungement of Arrest Records [PDF file] (Missouri Courts)
Montana	Background Checks (Montana Department of Justice)
Nebraska	How to find criminal history reports in Nebraska
Nevada	Sealing Records After Conviction, etc. (Nevada Revised Statutes) Sealing Nevada Criminal History Records [PDF file] (State of Nevada)
New Hampshire	Criminal Records FAQs (New Hampshire Department of Safety)
New Jersey	How to Expunge Your Criminal Record [PDF file] (New Jersey Judiciary)
New Mexico	New Mexico State Central Repository for Criminal History (New Mexico Department of Public Safety)
New York	Personal Criminal History Record Review Program (New York State Division of Criminal Justice Services)
North Carolina	North Carolina Offender Information (North Carolina Department of Correction)
North Dakota	Criminal History Record Information (North Dakota Attorney General)
Ohio	Criminal Justice Information System (Ohio Office of Criminal Justice Services)
Oklahoma	Expungement Questions (Oklahoma State Bureau of Investigation) Criminal History FAQs (Oklahoma State Bureau of Investigation)
Oregon	How Do I Clear My Juvenile or Criminal Record? (Oregon Courts) Clearing Your Record (Oregon State Bar )
Pennsylvania	Pennsylvania Access to Criminal History (State of Pennsylvania)
Rhode Island	Criminal Information Search (Judiciary of Rhode Island)
South Carolina	State Criminal Records Check (State of South Carolina)
South Dakota	Computerized Criminal History System (South Dakota Division of Criminal Investigation)
Tennessee	Order for the Expungement of Criminal Offender Record [PDF file] (Tennessee Supreme Court)
Texas	Crime Records Service (Texas Department of Public Safety)
Utah	Expunging a Record (Utah Courts)
Vermont	Expungement-Sealing-Pardon Information (Vermont Criminal Information Center)
Virginia	Instructions for Petition for Expungement [PDF file] (Virginia Courts)
Washington	Criminal History Records (Washington State Patrol)
West Virginia	Expungement of certain criminal convictions; procedures; effect (WV Statute) Expungement of criminal record upon full and unconditional pardon (WV Statute) Petition for Expungement of Criminal Records [PDF file]
Wisconsin	Pardons, Etc.[includes links to expungement information] (Wisconsin State Law Library)
Wyoming	Criminal History Checks (Wyoming Attorney General)

 

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Timothy McCandless Esq. North Cal 925-957-9797 So Cal 909-890-9192

An Expungement Lawyer Is Critical

The expungement laws in California can be very confusing, and the expungement process can be complex and extremely time consuming. It is important that you not only hire an attorney to handle your expungement case for you, but that you hire an attorney that specializes in California expungement law. McCandless Firm focuses on expungement law in California, and it is this narrow focus that allows us to provide you with extremely specialized expungement legal services at the absolute lowest fixed prices.
Beware Of Non-Attorney Websites

There are several non-attorney websites out there that offer to “help” you with your expungement petition. They all charge $200+ for this “help,” which doesn’t include court costs or filing fees. These other sites are not licensed to practice law in the state of California, and they cannot provide you with legal advice or represent you in court. The fact is that if you go with one of these budget non-attorney sites you will have to file your petition yourself. If the district attorney opposes your motion, you are on your own. If the judge requires clarification, you are on your own. If the judge requires a hearing, you must attend the hearing and you will be on your own. If the district attorney presents an oral argument in opposition to your expungement motion, you must respond and you are on your own.

At The McCandless Firm  we handle everything for you from start to finish statewide. Since we are licensed to practice law in California we are able to provide you with legal advice based on the unique facts of your situation. We are able to file the expungement petition on your behalf, ensuring that all of the detailed filing requirements are met (e.g., the district attorney must be given 15 days notice, etc.), and we will represent you throughout the entire expungement process. If the district attorney opposes our motion, we will take the necessary steps to address their opposition. If a hearing is required, we will attend the hearing on your behalf (you will not be required go to court under most circumstances).

The fact is that an experienced expungement lawyer is essential to your success. Below is a table showing the difference between what our law firm does for you and what a non-attorney site will do for you. Make sure that the person you hire is a licensed attorney in the state of California

The McCandless Firm is one of the few law firms in California that focuses on record clearing laws in California. When you retain the McCandless Firm for expungement service your case will be handled by a knowledgeable and experienced expungement attorney from start to finish. Our focus in California record clearing laws not only allows us to provide top notch legal services, but to provide these expungement services at the absolute lowest fixed prices.

We serve all 58 counties in California, including: Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo and Yuba.

Notice: This website is attorney advertisement and does not establish an attorney-client relationship, which is only formed once you have signed an engagement agreement. Additionally, we cannot guarantee results & past results do not guarantee future results.

 

 

The process

Find out the details of your convictions

In order to begin cleaning up your criminal record, you first need to know what is on your criminal record. The court will require you to fill out forms. Whether you are requesting a dismissal or a certificate of rehabilitation and pardon, you will need to know the details of each of your convictions in order to complete the forms. Also, certain details will affect your eligibility for a dismissal or certificate.

There are several details you will need to know in order to accomplish your goals. If you have more than 1 conviction, you need this information for EVERY conviction:

1. What is your case number — sometimes called “docket number”?

2. What was your date of conviction — which is the date of your plea, verdict, or finding of guilt?

3. What is the code name and section number you were convicted of violating?

4. Was there a verdict or did you enter a plea?

• If you entered a plea, was it “guilty” or “no contest” (also called “nolo contendere”)?

5. Were you ordered to serve any time on probation (either formal or informal probation, since they are treated the same in your record)? If so, for how long?

6. Were you ordered to pay any fines, restitution, or reimbursement?

7. If you were sentenced to state prison, which one?

8. If you were sentenced to state prison, on what date were you released?

9. If you were released on parole, on what date did your parole end?

Get a copy of the information on your criminal record

The information on your criminal record information can be obtained from a variety of sources.

Here is a list of the most common sources:

1. Your court papers received at the time of conviction.

2. Your attorney, parole officer, probation officer, or contacts within the courts or law enforcement community.

3. The superior court where you were convicted. They will only have information for convictions from that county and not other counties. You will need to make a copy of all of your orders of judgment.

4. The California State Dept. of Justice, Criminal Record Review Unit. They will have your criminal record’s information for the entire state of California. Make sure you follow the directions for requesting your criminal record carefully.  You can also contact them by telephone at:  916-227-3400

There is a fee, but you may qualify for a fee waiver. You must provide written proof of your income. It may take several weeks for the record to arrive in the mail.

Figuring out your options

Your situation	You may be able t	How to do it
You were convicted of a misdemeanor and are still on probation.	Request early release from probation and file a petition to have the conviction dismissed.	File a petition under Penal Code section 1203.3 to have probation terminated early, and a Pen. Code, § 1203.4 petition for expungement.
You were convicted of a misdemeanor and have successfully completed probation.	File a petition to have the conviction dismissed.	File a Pen. Code, § 1203.4 petition for expungement.
You were convicted of a misdemeanor or infraction and were never given any probation at all.	File a petition to have the conviction dismissed.	File a Pen. Code, § 1203.4a petition for expungement.
You were convicted of a felony and are still on probation.	Request early release from probation and file a petition to have the conviction reduced to a misdemeanor and dismissed.	File a Pen. Code, § 1203.3 petition to have probation terminated early. File a Pen. Code, § 17(b) petition to get a felony reduced, and a Pen. Code, § 1203.4petition for expungement.
You were convicted of a felony and are done with probation and/or county jail time.	File a petition to have the conviction reduced and dismissed.	File a Pen. Code, § 17(b) petition to get a felony reduced, and a Pen. Code, § 1203.4 petition for expungement.
You were convicted of a felony and were never given any probation at all and were sentenced to county jail.	File a petition to have the felony reduced to a misdemeanor and file a petition to have the conviction dismissed.	File a Pen. Code, § 17(b) petition to get a felony reduced, and a Pen. Code, § 1203.4a petition for expungement.
You were convicted of a felony and were sentenced to state prison or put under the authority of the Department of Corrections and Rehabilitation.	File a petition for a certificate of rehabilitation and pardon.	See the requirements for this process, and the 10-year rule, under Certificate of Rehabilitation and Pardon.

Figuring out if you are eligible for a dismissal

What is a dismissal?

If you were convicted of an infraction, a misdemeanor, or a felony and were not sentenced to state prison or put under the authority of the Department of Corrections and Rehabilitation, you can petition for a dismissal. This means you were given county jail time, probation, a fine, or a combination of those 3. If you are petitioning for a dismissal, the court, upon proper motion, may withdraw your guilty or no contest (nolo contendere) plea, or verdict of guilt if you went to trial, and enter a not guilty plea. Then the court will set aside and dismiss the conviction. From that point forward, you are no longer considered convicted of the offense. Your record will be changed to show a dismissal rather than a conviction.

When are you eligible for a dismissal?

You are eligible for dismissal of a conviction, and the court will dismiss your conviction, if:

• You received probation for that conviction and:

1. You successfully completed probation or obtained early release;
2. You also have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence;
3. You are not currently serving another sentence or on probation for another offense; AND
4. You are not currently charged with another offense.

• You never received probation and:

1. Your conviction was a misdemeanor or an infraction;
2. It has been at least 1 year since the date you were convicted;
3. You have complied fully with the sentence of the court;
4. You are not currently serving another sentence;
5. You are not currently charged with another offense; AND
6. You have obeyed the law and lived an honest and upright life since the time of your conviction

You are eligible for a dismissal and the court has the discretion (choice) to grant you that dismissal if:

• You received probation but you did not get an early release, did not fulfill all the conditions of probation, or were convicted of any offense listed in Vehicle Code section 12810(a) to (e) BUT:

1. You have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence; AND
2. You are not currently charged with, on probation for, or serving a sentence for any other offense.

• It is up to the court to decide if your conviction should be dismissed, so make sure to give as much helpful information as possible to convince the court that granting you a dismissal is in the interests of justice.

Convictions not eligible for dismissal

If you were convicted of any of the following offenses, you are not eligible for a dismissal under Penal Code section 1203.4a:

• Any misdemeanor within the provisions of Vehicle Code section 42002.1;
• Any infraction within the provisions of Vehicle Code section 42001;
• Any violation of Penal Code section 286(c), 288, 288.5, 288a(c), or 289(j); or
• A felony under Penal Code section 261.5(d).

Other situations

Diversion

If you were referred to a “diversion” program, your record will already be changed in 1 of 2 ways. If you successfully completed all of the diversion program requirements, your record should already be changed to show a dismissal. If you did not complete your requirements or were not actually given diversion, then the conviction will be on your record.

Marijuana possession offenses

If you were convicted of possession of marijuana for personal use, then you do not necessarily need to get a dismissal for the offense. Under California Health and Safety Code sections 11361.5 and 11361.7,all convictions for possession of marijuana for personal use, after January 1, 1976, are erased from your record after 2 years. BE CAREFUL! The conviction cannot be for cultivation, sales, or transportation. If it is, it will be on your record.

Juvenile records

Your juvenile records do appear on your criminal record. As of your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once your records are sealed, no one can gain access to them and they will be completely destroyed 5 years from the date of sealing.

Juvenile records are not automatically sealed upon your 18th birthday. You must petition the juvenile court to have them sealed. You can do this by filling out a form and filing it with the juvenile court in the county where you were convicted. Contact the juvenile court in the county where you were convicted and ask them to send you a copy of the form used in that county. Check to see if they have any special filing requirements, such as additional photocopies or the need to serve copies of the petition on any government agencies, and get the correct information for filing by mail. Usually, there is no fee.

If you graduated from the Department of Corrections and Rehabilitation, Division of Juvenile Justice,your juvenile convictions will have been dismissed as part of your graduation. If you do not petition to have your juvenile records sealed and destroyed, they will remain on your record until your 38th birthday; then they will be destroyed.

What a dismissal will do

Once all your convictions have been dismissed, this is what you can expect:

1. Applying for private employment: Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code section 1203.4. So when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. But it is a good idea to read Penal Code section 1203.4, or California Code of Regulations section 7287.4(d), or to talk to the public defender in your county if you have questions about your rights and obligations regarding past convictions when applying for a job.

2. Applying for government employment or a government license: For questions by government employers or on government licensing applications, if you are asked if you have ever been convicted of a crime, you MUST respond with “YES—CONVICTION DISMISSED.” In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards) will treat you the same as if you had never been convicted of any crime.

3. You will not be allowed to own or possess a firearm until you would otherwise be able to do so.

4. Your dismissed convictions can still be used to increase your punishment in future criminal cases.

5. Your prior convictions can still affect your driving privileges.

6. If you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. A dismissal will not relieve you of your duty to register as a sex offender. Your status as a registered sex offender will continue to be available to the public on the Internet under Megan’s Law.

7. If your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed.

What if you have several convictions?

Each conviction must be handled separately and a petition for dismissal would need to be filed for each conviction you desire to have expunged. Each conviction and petition will be handled by our firm and by the court as completely separate cases. However, if you sign up with us to expunge more than one conviction all subsequent convictions will be substantially discounted. View our multiple conviction discount page.

What if you are still on probation?

Expungement relief may still be available to you even if you are currently on probation. We are able to petition the court under California Penal Code 1203.3 for early termination of your probation. If the eartly termination petition is granted we can then petition the court for expungement of your underlying conviction at the same time. Although a PC 1203.3 petition for early termination of probation can be filed at any time during your probationary period, we suggest that you complete at least half of your probation term before the petition is filed, as this will greatly increase your chances of getting the petition granted by the judge. Also you must have satisfied all of your other sentencing requirements, such as fines, restitution, participation in mandatory classes and programs, and community service. Petitioning the court for early termination, and subsequent expungement of your underlying conviction, allows you to quickly forget about a mistake you made and move on with your life without the need to wait until the full probationary term has been fully completed.

What if you violated probation?

If you violated any terms of your probation (i.e., had a violation hearing and were found to be in violation), yet still went on to successfully complete your probation, you can still seek an expungment under PC 1203.4. However, you lose your entitlement to the relief and it is up to the discretion of the court to grant the expungment. The court will look as the following factors when deciding whether to grant the expungement:

1. Your overall performance and behavior while on probation.
2. The seriousness of the probation violation.
3. The seriousness of the underlying conviction.
4. Your criminal record (are you a repeat offender).
5. All the evidence we can provide that demonstrates you are deserving of expungment relief, such as: your inability to find employment; your role in taking care of your dependants and family; your positive role in your community, or in the lives of those you come in contact with; and your desire to forget the past, and embrace a positive future.

Our law firm thrives on these more challenging cases, and we will put together the strongest case possible for you. We will get to know you and your background, allowing us to find, and highlight, all your positive attributes for the judge.

Who is eligible for expungement in California?

If you have been convicted of an infraction, misdemeanor or felony in the state of California you are entitled to expunge your criminal conviction if you meet the following criteria:

1. You were charged and convicted in state court, NOT federal court. Only state convictions are available for expungement.
2. Your sentence did not involve going to state prison. County jail and holding cells are NOT state prison. If you did go to state prison than you may be eligible for a California certificate of rehabilitation.
3. You have successfully completed probation (informal or formal), or if you were not given probation one year must pass since your conviction date. However, if you are still on probation we can petition the court for early termination of your probation.
4. You must have satisfied all the requirements of your sentence (fines, restitution, mandatory programs, community service, classes, etc.).
5. You did not violate any of the terms of your probation (that the court is aware of). However, even with violations we may still be able to get your conviction expunged, but it will require extra work.
6. You are not currently charged with another criminal offense, on probation for another criminal offense, or serving a sentence for another criminal offense.

It must also be noted that there are several crimes that have been carved out in PC 1203.4 that are not available for expungement relief, all of which involve serious sex offenses committed against children. They include the following sections of the California Penal Code: 286(c), 288, 288.5, 289(j), and 261.5(d).

Why is expungement important in California?

Until fairly recently with advent of the internet and the subsequent development of thousands of privately owned criminal background databases, a person’s criminal history was unlikely to be discovered by a potential employer, or anybody else for that matter.

Even though criminal records were always a matter of public record, most employers did not devote the time to manually sifting through stacks of paper criminal records at the local courthouse. Today a thorough background check can be done with the stroke of keyboard, and these background checks are used by potential employers, potential landlords, potential lenders, and anybody else that wants to get a grasp on your history before initiating a relationship with you. If anybody runs a standard commercial background check on you after the expungement process has been completed, the chances are the case and the dismissed conviction will not appear on the report. Consequently, in this down economy and tought job market it is more important than ever to address your criminal history. Expungement relief gives you a “fresh start” in life, allowing you to forget the past and embrace the future.

What is criminal record expungement?

Expunging your criminal record in California is the process of petitioning the state court where your conviction took place under California Penal Code 1203.4 to re-open the case, set aside your guilty plea, your Nolo contendere (no contest) plea, or factual finding of guilt, and to set aside the conviction and dismiss the case. If the expungement petition is granted you will no longer be considered convicted of the crime by the state of California, and your criminal record will be permanently changed to display a dismissal rather than a conviction. Subsequently, once the conviction is expunged by the court you can truthfully tell employers, your family, and all other interested parties that you have not previously been convicted of a crime.