Types of Expungements
General Expungement Information
Expungement only pertains to court record, does not include arrest histories, investigative reports, intelligence information of law enforcement agencies, or files of district attorneys general that are maintained as confidential records for law enforcement purposes and are not open for inspection by members of the public and shall also not include records of the department of children's services or department of human services that are confidential under state or federal law and that are required to be maintained by state or federal law for audit or other purposes. Whenever an order of expunction issues under this section directed to the department of children's services or department of human services, the department shall notify the defendant if there are records required to be maintained as directed above and the basis therefor. The department shall delete identifying information in these records whenever permitted by state or federal law. These records are to be expunged whenever their maintenance is no longer required by state or federal law.
New Expungement Law for Misdemeanor convictions and Felony Class E Convictions
New Expungement Law for Misdemeanor convictions and Felony Class E convictions allows nonviolent offenders who have completed all requirements of their sentence and have no violent convictions to petition the court for expungement. This is effective July 1, 2012.
(NOTE: There are many offenses and factors listed in PC1103, so please refer to that public chapter for additional details.)
(1) A person who was convicted of one of the listed Class E felonies and sentenced to imprisonment for three years or less for an offense committed on or after 11/1/89;
(2) A person who was convicted of a misdemeanor committed on or after 11/1/89 except for one of the listed misdemeanors;
(3) A person who was convicted of a felony or misdemeanor committed prior to 11/1/89, but only if the person meets the requirements listed in PC1103.
Access Public Acts Information regarding PC1103.
Upon filing this petition, as of July 1, 2012, a $350 Expungement fee and $100 Petition fee will be assessed.
Expungement of Judicial Diversion
Successfully completed judicial diversion – not eligible if offense was sexual offense or violent sexual offense as defined in 40-39-202. Defendant must apply for expunction.
Upon filing this petition, as of July 1, 2012, a $350 Expungement fee and $100 Filing fee will be assessed.
Dismissal or Not Guilty Verdict
Charged with misdemeanor or felony and charge dismissed, no true bill returned by grand jury, or arrested and released without charge. A person must apply for expunction.
There is no charge.