An expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public. When an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred.

Eligibility for expungement

Fulfilling a waiting period between the incident and expungement.

Having no intervening incidents.

Having no more than a specified number of prior incidents.

That the conviction be of a nature not considered to be too serious.

That all terms of the sentence be completely fulfilled.

That no proceedings be pending.

That the incident was disposed without a conviction.

That the petitioner complete probation without any incidents.

Types of convictions that are often not eligible for expungement

Felonies and first degree misdemeanors in which the victim is under 18 years of age.

Obscenity or pornography involving a minor.

Seriuos Weapon Charges

Sexual Imposition

Sexual battery

Murder

Rape