What Are The Eligibility Requirements For Someone To File For An Expunction?

|

You’re eligible for an expunction if you fall into one of the following categories:

  1. Your case was dismissed:
    1. Because you entered a pretrial diversion program and successfully completed it
    2. Because a judge, grand jury, or prosecutor found that there was no probable cause in your case due to a “mistake, false information, or other similar reason”
    3. Because you were arrested solely due to identifying information that was inaccurate due to a clerical error
    4. And the statute of limitations for refiling your case has now expired
    5. And the prosecution agrees to one
  2. You took your case to trial and were found not guilty
  3. You were convicted of unlawful carrying of a weapon on your person before September 1, 2021
  4. You were convicted but later pardoned by the governor
  5. You were convicted but later found “actually innocent” in a post-conviction proceeding.

Even if you otherwise would be eligible for an expunction of a dismissed case, you are ineligible if you were released on bond but fled the jurisdiction of the court while your case was pending.