Sufficient time since the indictment or the conclusion of the criminal case.

Serious felonies are rarely, if ever, eligible.Д¬riteria for expungement eligibility might include: Other states might allow expungements after a conviction, but only for certain offenses categorized as minor infractions or misdemeanors. Some states only allow expungements in cases that resulted in the dismissal of the charges before the entry of a plea, such as through successful completion of a deferred prosecution agreement. State laws defining the requirements to qualify for expungement vary widely.

The authority to grant an expungement is vested in judges, while the authority to grant a pardon rests with the President of the United States for federal crimes, or state governors for state-level offenses. A pardon, which forgives a person for an offense and cancels any remaining punishment, is only necessary after a conviction.ДЄ personвЂ™s criminal file remains in the public record after a pardon, although a person may then be able to petition for expungement, depending on the laws of his or her jurisdiction. They are rarely available for cases that resulted in a conviction. It is typically standard procedure to seal records of juvenile criminal proceedings once the person turns 18, along with other criminal cases involving a juvenile, but those records are still accessible with a court order.Д®xpungements are typically available for criminal cases that were dismissed, or that resulted in some form of deferred disposition. The key difference between expunging a personвЂ™s criminal record and sealing it is that a sealed record still вЂњexistsвЂќ in both a legal and physical sense, while expungement results in the deletion of any record that an arrest or criminal charge ever occurred. Justia provides a comprehensive 50-state survey on expungement and record sealing, as well as forms and resources for each state.

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