^ In South Carolina, relief is only automatic in Magistrate or Municipal Court. Some of these laws have not yet been implemented. In some states, deferred dispositions are not covered. In several states, uncharged arrests are not covered, and require the filing of a court petition to obtain relief. + These automatic relief mechanisms are not always comprehensive: they may be prospective only or exclude certain dispositions or categories of offenses. Process for expunging or sealing adult non-conviction records ^ New York also provides for the automatic sealing of non-convictions. ** Vermont has also authorized automatic relief for non-convictions and certain motor vehicle-related violations. More details on marijuana record relief are here. VA has also authorized automatic relief for certain marijuana-related misdemeanor offenses and certain non-convictions, although none of Virginia’s automatic relief authorities are scheduled to go into effect before 2025. In the case of CT, certain marijuana misdemeanor offenses are covered. In the case of CA and NJ, a range of marijuana misdemeanor and felony offenses are covered. * California, Connecticut, New Jersey, and Virginia have general automatic record clearing laws and have also enacted laws providing for marijuana-specific automatic record clearing. More details on non-conviction record relief are in the Chart #3 of this section. + In addition, four states (GA, FL, ME, MT) have authorized automatic sealing, expungement, or confidentiality for non-conviction records held by state criminal justice agencies, but not the corresponding court records. Finally this chart does not cover laws sealing juvenile records.Ī range of non-convictions, misdemeanors & certain felonies (5)Ī range of non-convictions & misdemeanors (2) Although not noted in the chart, a number of laws covering misdemeanor and/or felony convictions also cover infractions and/or violations. “Misdemeanors” and “felonies” refers to convictions. Note: A number of these laws have been enacted recently but have not yet been implemented or become effective.
Laws authorizing automatic expungement, sealing, or confidentiality of adult criminal records Also, effective July 2, 2021, courts must, upon petition, expunge certain marijuana possession, consumption, transportation, and cultivation offenses. Until then, its only record relief is a broad set-aside authority. ^ Arizona‘s first general authority to seal misdemeanor and felony conviction records was enacted in 2021, and is effective in 2023. ++ In Virginia, new sealing legislation, enacted in April 2021, will be effective in 2025 or earlier. + Some of these jurisdictions have narrow specialized authorities for expunging, sealing, or setting aside convictions. *** In D.C., the only felony offense eligible for relief is a felony failure to appear.
Idaho and Nebraska also have set-aside authorities for certain felonies and misdemeanors (these are the only two states remaining with a traditional set-aside authority and no general record-sealing authority). Connecticut also has a new automatic record relief law, applicable to certain felonies and most misdemeanors, effective 2023. ** In Connecticut and Nebraska, pardoned convictions are eligible for record-clearing (erasure in CT sealing in NE). * In California, effective August 1, 2022, the court records of set-aside convictions will be sealed. No general sealing or set-aside + (5, federal) Conversely, states categorized as having no court sealing or set-aside may make relief available to limited categories of convictions (e.g., youthful drug convictions, convictions of human trafficking victims) and nearly all authorize sealing of at least some non-conviction records. Note: Even if misdemeanor and/or felony relief is generally available, various offenses are generally ineligible. Authority for expunging, sealing, or setting aside convictions Section 5 provides state-by-state summaries of record relief law, with links to more detailed analysis and legal citations.ġ.Section 4 lists jurisdictions with judicial certificates of relief.Section 3 categorizes jurisdictions by the relief process for non-convictions.Section 2 categorizes jurisdictions with automatic record clearing laws.Section 1 categorizes jurisdictions by the availability of relief for convictions.
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