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. For any reason and the statute of limitations for refiling your case has now expired.
    4. For any reason and the prosecution will agree to an expunction even though you don’t fall into one of the other categories (this is also called a “discretionary expunction”)
    5. Because you were arrested solely due to identifying information that was inaccurate due to a clerical error (this is rare, but could happen due to a name or address mistake on a warrant)
  1. You took your case to trial and were found not guilty
  1. You were convicted but later pardoned by the governor (extremely rare)
  1. You were convicted but later found “actually innocent” in a post-conviction proceeding (extremely rare)

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.


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