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:
- Your case was dismissed:
- Because you entered a pretrial diversion program and successfully completed it
- 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”
- For any reason and the statute of limitations for refiling your case has now expired.
- 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”)
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)
- You took your case to trial and were found not guilty
- You were convicted but later pardoned by the governor (extremely rare)
- 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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