MEMORANDUM. Part I: Introduction and Observations

Transcription

1 JUSTICE PROGRAMS OFFICE SCHOOL OF PUBLIC AFFAIRS MEMORANDUM RE: Overview of State Statutory Provisions Potentially to Drug Court Participants Prepared By: Abigail Walsh, Christopher Billeter, Aaron Madhavan BJA Drug Court Clearinghouse, a program of the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice Date: June 15, 2006 Part I: Introduction and Observations In recent months, BJA s Drug Court Clearinghouse has received a number of inquiries regarding the degree to which of records relating to the arrest and, if applicable, conviction, of drug court graduates is available and, where available, the eligibility requirements and procedures for obtaining. With the expanding focus on re-entry initiatives and the collateral consequences of a felony drug conviction, the issue has received increasing attention, particularly in light of the impact which a felony drug conviction can have on an individual s voting rights, eligibility to access public housing, employment opportunities, eligibility for TANIF benefits, federal education grants, and many other areas. In response to these inquiries, the BJA Drug Court Clearinghouse undertook a state by state review of available information regarding provisions for of an individual s criminal record, using as principal sources the state judicial website in each state and two stateby-state analyses: Margaret Colgate Love s Relief from Collateral Consequences of a Criminal 1 and the Legal Action Center s 2004 study of provisions included in After Prison: Roadblocks to Reentry 2. The goal of this review was (1) to identify summarily relevant provisions for in each state; and (2) the degree to which this information could be readily accessed by the average citizen. The information gathered is presented in Part Two of this Memorandum. Through the course of the research, it became apparent that the terminology relating to varies significantly among states. For the purposes of this report, is 1 Margaret Colgate Love. Relief from the Collateral Consequences of a Criminal. The Sentencing Project. Washington D.C. October Legal Action Center. After Prison: Roadblocks to Reentry: A Report on State Legal Barriers Facing People with Criminal Records Overview of State Statutory Provisions Potentially to Drug Court Participants. Part One: Introduction and Observations. Bureau of Justice Assistance (BJA) Drug Court Clearinghouse. American University. June 2006 Page 1

2 understood as a categorical term that applies to any deletion or altering of the availability of criminal records. The following are specific methods for altering the public record practiced in various states which can fall under the category of : erasure, annulment, purging, or expunging, which refer to the removal of an arrest or conviction from the public record; sealing, which refers to prohibiting public access to a person s criminal record; returning, which constitutes physically turning over a criminal file to the individual; and destroying a record, which entails either permanently deleting or physically demolishing (e.g., burning or shredding) the criminal file. Even with these general definitions, actual practices vary by state. The practical effect of available provisions for in each state is described in the section for each state in the chart presented in Part Two. General Observations The following are observations that emerged from our review. Every state has some form of provision for statutory for juveniles, or adults or a combination of the two. The District of Columbia is the only jurisdiction that has no statutes in place regarding states (84%) have specific provisions for the of arrest records of adults and 36 states (72%) have specific provisions for the exungement of arrest records for juveniles. In most states, provisions for of arrest records apply if the arrest did not lead to a conviction. However, the is not automatic; the individual must petition the court to order the. 33 states (66%) have specific provisions for of adult convictions. Of these 33 states that have provisions for expunging adult convictions, all have provisions which apply to eligible misdemeanor convictions, and 26 also have provisions for expunging eligible felony convictions. 48 states (96%) have provisions for expunging convictions of juveniles. Of these 48 states, all provide for of eligible misdemeanor convictions and 44 states also provide for expunging eligible felony convictions. 4 Of the 48 states that have specific provisions for expunging eligible juvenile convictions, nine states (18.75%) expunge a juvenile s record automatically without being petitioned. The remaining 39 states have provisions for based on eligibility requirements and the discretion of the court following the submission of a petition. 3 As of June 2006, the District of Columbia City Council is considering a proposed statute. 4 It appears that many states expunge a juvenile s entire record (arrest and adjudication ) upon receiving an eligible petition as opposed to expunging the arrest and conviction records separately, as is the practice for adult offenders. This may explain why the number of states (e.g., 36) which have specific provisions relating to the of juvenile arrest records is lower than the number of states (e.g., 48) that have provisions for expunging records of juvenile convictions. Overview of State Statutory Provisions Potentially to Drug Court Participants. Part One: Introduction and Observations. Bureau of Justice Assistance (BJA) Drug Court Clearinghouse. American University. June 2006 Page 2

3 In regard to specific statutory provisions relating to the availability of for drug court offenses, three states (Arkansas, Hawaii and Mississippi) make specific reference to the availability of drug court for eligible persons who complete the adult drug court program; one of these states (Hawaii) has also made specific provision for of arrest and conviction records of participants who complete the juvenile drug court. In most instances, eligibility for requires an individual to be a first time offender. In most cases, is granted at the discretion of the court, so the eligibility does not necessarily guarantee that an individual s petition for will be granted. The majority of states also require a waiting period that must elapse before a person is eligible for. These waiting periods usually vary based on the offense. In regard to for juveniles, many states require that an individual attain a specified age before being eligible to petition for. In most states, an individual becomes ineligible for if, during the waiting period, he or she is arrested, facing criminal charges, or is involved in any other form of criminal proceedings. The application process to petition for varies by state; most states require submission to the clerk of the court of a written petition with a certified copy of the petitioner s criminal record. In addition to the petition and submission of the criminal record, many states also require a filing fee to accompany the petition for. The effects of vary significantly among the states. Generally, except for setting a conviction aside, results in a conviction being removed from public record, or being made unavailable to the public at large. In most cases, the expunged records are still available to law enforcement agencies, the courts and other public entities, both state and federal, that may require access to such information. In terms of availability of information on state judicial websites, a minority of states currently provide specific information regarding eligibility requirements and procedures for petitioning for an. The majority of states, however, have posted on their judicial websites little or no information relating to. Of the 22 states (44%) that provided website information pertinent to, generally this information was not presented in sufficient detail to be of assistance to an individual without legal training. The following section presents a state by state summary of relevant provisions relating to in the following categories: (for juveniles and adults) and relevant statutes waiting period Application process Filing fee required if available Availability of information online Overview of State Statutory Provisions Potentially to Drug Court Participants. Part One: Introduction and Observations. Bureau of Justice Assistance (BJA) Drug Court Clearinghouse. American University. June 2006 Page 3

4 JUSTICE PROGRAMS OFFICE SCHOOL OF PUBLIC AFFAIRS MEMORANDUM RE: Overview of State Statutory Provisions Potentially to Drug Court Participants Prepared By: Abigail Walsh, Christopher Billeter, Aaron Madhavan Date: June 15, 2006 BJA Drug Court Clearinghouse, a program of the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice Part II: State by State Summary of Information Overview of State Statutory Provisions Potentially to Drug Court Participants. Page 4

5 AL AK Is Juvenile Arrest and Available. Adult Arrest Available. Juvenile Arrest and Available. Adult Arrest Available. ALA Code (Expunging arrest records) ALA Code (Juvenile ) i Alaska Stat (Arre st record ) Alaska Stat (d) and (f), (Juvenile ) viii Arrests s Arrests s Juvenile Arrests where a Adult Criminal delinquency person is not charged s may not adjudications may be or is cleared may be be sealed. v sealed two years after eliminated and discharge has no removed iv subsequent delinquency adjudications or criminal convictions and no proceedings pending iii Arrests where a person is not charged or is cleared may be eliminated and removed ii Arrests that have resulted from mistaken identity or false accusations can be sealed ix The court shall seal most juvenile records (except traffic offenses, class A & B felonies against the person or first degree arson) If charged as an adult most Juvenile records (except for traffic Offenses and certain Serious felonies) may be sealed. x Arrests that have resulted from mistaken identity or false accusations can be sealed xi Adult convictions cannot be expunged. xii 2 Years after a juvenile delinquency sentence has ended. vi Juveniles can apply 30 day s after 18th birthday or 30 after 30 days after the courts release of jurisdiction, whichever comes first. If Juvenile is charged as an adult, 5 years after the completion of the sentence or 5 years after the records are made public. xiii The record is removed from the computer database, and it is as if the individual never had a record. vii The individual may den the existence of the record, and Juvenile records may not be used for any purpose except for presentencing reports or the court may order their use good cause. xiv provided. Fill out form, explain circumstances of the charges/case, submit documentation from criminal justice agencies involved, they will review form and Commissioner of Public Safety will make a decision xv provided. Information not No No AZ Adult and Juvenile Arrest and Available Ariz, Rev. Stat (arrest record ) Ariz. Rev. Stat (Juvenile adjudications set aside) xvi Records of wrongful charges, arrests and indictments may be purged upon petition to the superior court xvii Individuals 18 years of age or older may apply to have many Juvenile Delinquencies or incorrigibility adjudications set aside upon discharge from probation or absolute discharge unless the individual has a subsequent criminal conviction, criminal proceedings pending, or has not paid all restitution or assessments. Criminal charges remain on a person's Records of wrongful charges, arrests and indictments may be purged upon petition to the superior court xix Upon fulfillment of probation and discharge, some adult convictions can be set aside. Ineligible offenses include (1) Serious personal injury offenses (2) use of a deadly weapon or dangerous instrument (3) sex offense and offenses against minors requiring registration (4) sexual motivation offenses (5) offenses involving minors under the age of 15 Upon setting aside a juvenile delinquency or incorrigibility adjudication, the court will order the individual "released from all penalties and disabilities resulting from the adjudication." The record may still be used for purposes of adult criminal prosecution and by the Dept. of Transportation. Juvenile records may be destroyed if the Overview of State Statutory Provisions Potentially to Drug Court Participants. Offender still has to report the conviction if asked xxii Petition the court for reinstatement of civil rights. xxiii Information not available No Page 5

6 AR CA Is Both adult and juvenile arrest and conviction are available Juvenile and adult arrest and conviction available. Ark. Code Ann (Deferred Judgment ) Ark. Code. Ann (Criminal Record ) Ark. Code. Ann (Deferred Judgment Expungment) Ark. Code. Ann (Deferred Judgment ) xxiv Cal. Labor (f) (1) and (2) (Affect of Sealed Arrest Record and ) Cal. Penal 667 (d) (3)(Affect of Sealed Arrest Arrests s Arrests s record until they and (6) certain motor reach the age of vehicle offenses. xx 99 xviii In the case of Nolle prosses, dismissals and acquittals, records may be expunged. xxv Yes, most arrest records can be sealed, except for infractions. Certain minor marijuana arrests can be purged. xxxv Juveniles who commit non-violent felonies and fulfill; the sentence requirements set down by the court are eligible for. xxvi Individuals under the age of 16 who have been convicted of minor felonies may have their records expunged by the sentencing court if they meet the following criteria: (1) Granted a pardon or suspended sentence; and (2) have no subsequent convictions. xxvii At the age of 18 you can petition to have your records sealed. Once sealed no one can have access tot hem and they will be completely destroyed after five years of the date of sealing. If you do not petition to have your records sealed and destroyed they will remain on Those individuals who receive a deferred judgment and are sentenced to probation may petition the sentencing court to dismiss and seal the record upon completion of the probation. xxviii In the case of Nolle prosses, dismissals and acquittals, records may be expunged. xxix Yes, most arrest records can be sealed, except for infractions. Certain minor marijuana arrests can be purged. xxxvii Certain felony drug possession may be expunged if the person is found to have a drug addiction and is sentenced to a probation period in a drug treatment facility. They must (1) Successfully complete a courtapproved drug treatment program; (2) Remain drug-free until completion of probation; and (3) Successfully complete probation. xxx First offenders who plead guilty may have adjudication deferred and upon successful completion of probation are automatically entitled to have conviction sealed. xxxi Yes many adult misdemeanor felony convictions can be expunged except for certain serious felonies, specific misdemeanor motor vehicle offenses, and infractions. Certain minor marijuana convictions may be purged. individual was not adjudicated for certain adult felonies or a DUI offense xxi provided. Unless subsequently convicted of a felony or misdemeanor of moral turpitude, individuals may apply for sealing of many juvenile ward of the court adjudications upon reaching 18 years of age or 5 years after disposition, whichever comes All rights lost shall be restored, and the individual may answer that s/he has never been convicted. The records remain available to the following individuals: (1) The subject and his or her attorney; (2) Criminal Justice Agencies (for employment purposes); (3) Courts, upon subsequent adjudications of guilt; (4) Prosecuting attorneys, for subsequent prosecution; and (5) The Arkansas Crime Information Center. xxxii In most cases, an expunged conviction can not be seen by a private employer. The record of the conviction exists with notation that it was set aside. Public employment, public office, occupational licensure and health care employment result in expunged probationers for whom a judgment of a conviction was not entered, including those who went to trial, are entitled to apply to the sentencing court upon completion of supervision for an order dismissing the charges, and sealing the record. xxxiii The person must be informed in his or her probation papers of the right of release, and of the right to petition for a certificate of rehabilitation and pardon.... The petitioner must be allowed to withdraw any plea of guilty or nolo contendere, or a Information not available Up to $ xlii No Yes, the state court page is a good resource. Information is available at: g/publicdefender/expun ge.htm elfhelp/other/crimlawcl ean.htm Overview of State Statutory Provisions Potentially to Drug Court Participants. Page 6

7 CO Is Juvenile conviction and Adult Arrest are the only two types of available Record) Cal. Penal ( Sealed Arrest Record and Purged Record) Cal. Penal (a) and (b) ( and ) xxxiv Colo. Rev. Stat. Ann (Sealed Arrest Records) Colo. Rev. Stat. Ann (I)(f)(I) ( Sealed Records) Colo. Rev. Stat. Ann (1)(f) and 308(3)(d) ( Sealed Records) Colo. Rev. Stat (Juvenile Arrests s Arrests s your record until your 38th birthday, after which they will be destroyed. xxxvi available is designating juvenile delinquency records whereby such records are deemed never to have existed. A juvenile is a person under eighteen years of age. xliv If charges against you were dismissed, or you were acquitted at trial, or if you were not charged with any offense arising out of a law enforcement investigation you may petition for. Sealing of records is not available for Class 1 or Class 2 traffic offenses or Class A or Class B traffic infractions. Also, a record may not be sealed if it pertains to an offense not charged due to a plea agreement in a separate case, or if a dismissal occurred as s may not be sealed. xlvi first xxxviii (1). Immediately you are found not guilty at trial. (2). One year after offense, and completed a juvenile diversion program or informal adjustment program. (3.) After 4 years the court has terminated jurisdiction, or you are unconditionally released from commitment to the department of human services, or you are unconditionally released from parole supervision. (4.) After ten years, you have been adjudicated a repeat Record Overview of State Statutory Provisions Potentially to Drug Court Participants. convictions being revealed xxxix The record of a purged conviction is removed from a rap sheet and destroyed. Only law enforcement agencies have access to the information after it is purged. xl Expunged records may only be inspected by judges or the probation department or by Order of the Court, except that basic identification information concerning the record continues to be available to law enforcement and the Department of Human Services, but not to the military services. xlviii guilty verdict must be set aside at any time after probation ends. The court must dismiss the accusations or information against the petitioner and release him or her from all but certain penalties or disabilities resulting from the underlying offense The petitioner may be required to reimburse the county and city for the actual cost of services rendered, whether or not the petition is granted and the records sealed or expunged. xli If you want to have a record expunged, you must file a petition in the appropriate court.... You may obtain a petition form from the Clerk of District Court in the Pueblo Judicial Building. The Court will set a date for hearing. Whether you are eligible to have your record expunged depends on a number of factors, including: the type of crime you committed, the disposition in court, the length of time since completion of your case, and No fee required. l Internet Resources are available: o.us/da/faqs.shtml#p30 _6547 Page 7

8 CT Is Juvenile arrest and conviction records may be expunged. Adult arrest records may be expunged, convictions require an absolute pardon. ) Colo. Rev. Stat (48) and (1). ( Juvenile ) xliii Conn. Gen. Stat a. (Erasure of Arrest Record) Cislo v. City of Shelton, 692 A.2d 1255, 1256 (Conn. 1997).( Erasure of Arrest Record) Conn. Gen. Stat. 46b-146, a-b, d and 54-76o. (Juvenile Erasure) Conn. Gen. Stat i. (Effect of Erasure) li Arrests s Arrests s part of a plea agreement in another case. xlv By law, when a delinquent child has been discharged from court supervision or DCF custody, the parents or child can file a petition for erasure of the juvenile and police records. Under prior law, the court could order erasure if two years elapsed since the discharge, the child reached age 16 during that two-year period, no further juvenile proceedings were initiated, and he was not found guilty of a crime during that time. This act extends the time that must elapse before an erasure can take place from two to four years after discharge. lii The court must grant the petition if it finds (1) two years have elapsed since the discharge (four years if the offense is a serious juvenile offense), (2) no subsequent juvenile proceedings have been instituted against the child, (3) the child has not been found guilty of a crime, and (4) the child has reached age 16 When a child is dismissed as not delinquent, the erasure must be ordered immediately. A petition need not be filed. liii Yes. Arrests that have resulted in dismissal, nolle prosse, or acquittal can be erased. liv The law (CGS a) requires police, courts, and prosecutors to erase all related records when (1) a criminal case is dismissed or nolled, (2) the offense for which the defendant was convicted is later decriminalized, or (3) a defendant is acquitted or granted an absolute pardon. (The duty to erase does not apply if the defendant was found not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect.) Court records do not include the record or transcript an official court reporter, assistant court reporter, or monitor. lv or mandatory juvenile offender, and the court has terminated jurisdiction or you are unconditionally released from parole supervision, whichever date is later. xlvii (1) two years have elapsed since the discharge (four years if the offense is a serious juvenile offense), (2) no subsequent juvenile proceedings have been instituted against the child, (3) the child has not been found guilty of a crime, and (4) the child has reached age 16. lvi Overview of State Statutory Provisions Potentially to Drug Court Participants. Any person whose criminal records have been erased pursuant to that provision or youthful offender statutes shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath. lvii whether you have been charged with subsequent crimes. xlix A delinquent child or his parents or guardian may file a petition to erase the records of a child is discharged from the supervision of the court, the Department of Children and Families, or any other institution or agency to which the court committed him. lviii Generally, erased records are physically destroyed only when defendants request it, except records erased due to the decriminalization of an offense must be destroyed without a request. lix Once the charge is dismissed and the time for appeal has passed, all police records, court records, and records of any state s attorney pertaining to the dismissed charge shall be erased (this does not apply to dismissal due to insanity or incapacity. lx There is no fee lxi Some information is available online < DE Juvenile arrest Del Code. Ann. Notwithstanding In order to eliminate Circumstances No An Except for The petition must be Yes, $75.00 lxx Yes, at the Delaware Page 8

9 DC Is and conviction available. Adult arrest available, conviction unavailable. No Statutory Currently Available, however rules of Criminal Procedure may include provisions for. tit. 11, ( of Arrest Record) Del Code. Ann. tit. 11, 4374(e) ( Arrest Record ) Del Code. Ann. tit. 10, 1001.(Juvenile ) Del Code. Ann. tit. 10, 1026(e)(Effect of Judicial ) lxii Currently there is no statute in the District of Columbia; however the Criminal Record Act of 2006 is being introduced before the DC City Council in June of lxxi Arrests s Arrests s any record of arrest, where available you must petition the permitted. -- This Court for an section is carefully of the drafted; it permits child s record. There only in is a filing fee for this limited circumstances civil petition. An such as acquittal, may be nolle prosequi or granted by a Judicial other dismissal, Officer, after the consistent with its arbitration period has intent to protect lapsed and your child innocent person s. lxvi has complied with the conditions of arbitration. lxiv any provision to the contrary, the Attorney General or designee responsible for prosecuting a delinquency action may petition the Court to expunge the instant arrest record of a juvenile if at the time of a state motion to dismiss or entry of nolle prosequi in the case, the prosecutor has determined that the continued existence and possible dissemination of information relating to the arrest of the juvenile for the matter dismissed or for which a nolle prosequi was entered may cause circumstances which constitute a manifest injustice to the juvenile. lxiii Information not available Also if they receive a pardon they will receive an. Any individual who receives a Delaware gubernatorial pardon shall, as an effect of said pardon, automatically have that individual's juvenile record, if any, expunged. lxv Information not available Information not available EXPUNGEMENT of record is a onetime benefit for a 1st time conviction for Simple Possession of a Controlled Substance (not including PWID). lxxii However this is in contrast to what is stated by the Margaret Colgate Love. No provision for or sealing of adult felony or misdemeanor may not be granted for up to three years. lxvii Information not available disclosure to lawenforcement officers acting in the lawful performance of their duties in investigating criminal activity or for the purpose of an employment application as an employee of a lawenforcement agency, it shall be unlawful for any person having or acquiring access to an expunged court or police record to open or review it or to disclose to another person any information from it without an order from the Court which ordered the record expunged. lxviii If granted the benefit, the Court orders that the case files and all documented information referring to the offender s case are sent back to the Court. Court personnel are responsible for sealing the offender s probation and court file. CSS is responsible for ensuring that all electronic records filed in the county where the case was terminated, disposed of or concluded. If the arrest occurred in Kent County or Sussex County, You should contact the Prothonotary Office in that county for the Correct Form. If Petitioner was a minor (under 18 years of age) at the time of arrest, the petition must be obtained and filed in Family Court in the proper county. If petitioner is an adult arrested under jurisdiction of Family court, refer to family court s 10 Del. C. S lxix A recommendation for EXPUNGEMENT of record is to be submitted to the Clerk s Office in the Special Proceedings Branch of the Criminal Division of D.C. Superior Court by the CSO only in cases where the offender has successfully completed a term of probation having been sentenced under Information is not Available website. ov/how%20to/expung ements/ No, forms are not available on the internet. Overview of State Statutory Provisions Potentially to Drug Court Participants. Page 9

10 Is Arrests s Arrests s convictions lxxiii related to the offender s case (only the case in which the offender was afforded the benefit) is removed from its database system or any other electronic device used in the normal course of Agency business. lxxiv D.C. Code, Title 48, Section (e) (formerly known as (e)). lxxv FL Juvenile Arrest and Available. Adult Arrest available, Unavailable Fla. Stat. Ann and (1) and (2) (Sealing Arrest Records, Expunging records that have been Sealed for 10 years) Fla. Stat. Ann (1) ( lxxvi Most Acquittals and withheld adjudications may be sealed if the individual is no longer under the courts supervision and has no previous convictions or juvenile adjudications for certain violent, sexual, or weaponsrelated misdemeanor or felony offenses. This relief is available only once. Most sealed records may be expunged after 10 years. Have elapsed. To seal a record means to make it inaccessible to anyone without legal right to access. To expunge a record means to physically destroy it. lxxvii Serious and habitual juvenile offender records are expunged when the individual reaches age 26 unless s/he was adjudicated as an adult for a forcible felony. Unless adjudicated for a forcible felony, other juvenile offender records are expunged when the individual reaches the age of 24. lxxix and sealing are not available for criminal records that include convictions of a felony or certain specified violent and/or serious misdemeanors. If offenses not among those specified in ch (3)(b), misdemeanors may be expunged and/or sealed by the court. lxxx Not available for sealing criminal records Information not provided The person who is the subject of a criminal history that is expunged under this section or under other provisions of law, including former s former s and former s , may lawfully deny or fail to acknowledge the arrest covered by the expunged record, except when dealing with justice related agency. lxxxi file certification, and fingerprints lxxxii $ 75 For adults lxxxiii 25 for Juveniles for the Juvenile division lxxxiv Yes, unge/faq.html In addition, most dismissals, nolle prosses, and no Overview of State Statutory Provisions Potentially to Drug Court Participants. Page 10

11 GA Is Juvenile conviction available, Adult arrest and conviction available. Ga. Code Ann (d)(3), (d)(7), and (d)(9) (Arrest ) Ga. Code Ann (Municipal Arrest ) Ga. Code Ann (Juvenile ) lxxxv Arrests s Arrests s information can be expunged if the individual is no longer under the courts supervision and has no previous convictions or juvenile offense for certain violent, sexual or weaponsbased misdemeanor or felony offenses. lxxviii Records that Can be provided Expunged Juvenile delinquency adjudications shall be sealed by the court upon dismissal or if handles through informal adjustment or may be sealed upon application if two years have elapsed since final discharge, no subsequent pending charges, delinquency adjudication or conviction for misdemeanor involving moral turpitude or felony and person has been rehabilitated. lxxxvi ARREST RECORDS THAT CAN BE EXPUNGED : A. No Indictment or Accusation was filed because: 1. You were arrested, but were released without the offense being referred to the prosecuting attorney for prosecution, or 2. The prosecuting attorney dismissed the charges without seeking an indictment or filing an accusation. B. An Indictment or Accusation was filed, but: 1. The charges were nolle prossed, 2. The charges were 1. You were arrested, but were released without the offense being referred to the prosecuting attorney for prosecution, or the prosecuting attorney dismissed the charges without seeking an indictment or filing an accusation; 2. No other criminal charges are pending against you; and 3. You have not been convicted of the same or similar offense within the last 5 years. lxxxviii First offenders are given lighter sentences, and no criminal conviction goes on their record after the conclusion of their sentence. lxxxix Information Not available Overview of State Statutory Provisions Potentially to Drug Court Participants. If sealed, the individual may deny the existence of a juvenile record. xc To have your arrest record expunged, you must go to the agency that arrested you, such as the police department or the Sheriff's office. If you have several arrests by different agencies, then you must go to each agency. The agency will give you the forms you need to fill out. xci $10 for Criminal record $50 for xcii No forms are available Page 11

12 Is Arrests s Arrests s dead docketed, or 3. The charges were dismissed. lxxxvii HI Juvenile and Adult Arrest Record Available Available Under Certain Circumstances Haw. Rev. Stat (Adult Arrest Record ) Haw. Rev. Stat (a) (Juvenile Arrest ) xciii (a) The court may issue an order expunging a juvenile arrest record of a person upon written application by the person or, if the person is a minor, the minor's parent or guardian; provided the arrest was made pursuant to section (1) or (2) and the arrest record meets the following criteria:(1) The matter was not referred to the prosecuting attorney or the family court and:(a) The person was not counseled and released by the police; or(b) The person was counseled and released by the police and the person has become an adult; or(2) The matter was referred to the prosecuting attorney or family court and:(a) The person was not adjudicated responsible by the court; or(b) The matter was dismissed with prejudice. xciv A person who completes a drug court or other probationary treatment program can petition to have their record expunged. xcv No other available. Arrests not leading to conviction are expunged upon application, unless a conviction was not obtained because of bail forfeiture, selfimposed absence from the jurisdiction, or physical or mental disorder. xcvi However according to Love, : Available for nonviolent first offender probationers only The procedure is limited to persons with no prior felony convictions, and not available for some offences Also provision for conditional discharge and for first time drug offenders. xcvii A person who completes a drug court or other probationary treatment program can petition to have their record expunged. xcviii No other available. Working Ahead: A one year waiting period is required in cases wherein a plea of guilty or nolo contendere is deferred xcix However Statute states that Upon discharge of the defendant and dismissal of the charge against the defendant under this section, the defendant may apply for not less than one year following discharge. c Upon receipt of certificate, the individual may deny the record of the arrest without penalty.individuals may deny the existence of the record if a juvenile arrest is expunged. ci Any person entitled to an order hereunder may by written application also request return of al fingerprints or photographs taken in connection with the person s arrest. The attorney general or the attorney general s duly authorized representative within the department of the attorney general, when so requested, within 120 days after receipt of the written application, shall, when so requested, deliver, or cause to be delivered, all fingerprints or photographs of the person, unless the person has a record of conviction or is a fugitive from justice, in which case the photographs or fingerprints may be retained by the agencies holding such records. cii $25 ciii Yes, it gives sample forms and statutes. dc/main/s/ ID Juvenile Arrest Idaho Code Upon written Persons adjudicated Upon written Adult Juveniles may apply Upon Entry of The person must No, there are very Overview of State Statutory Provisions Potentially to Drug Court Participants. Page 12

13 Is and is Available. Adult Arrest Record is available, is not (10) (Arrest Record ) Idaho Code A. (Juvenile ) civ Arrests s Arrests s as a juvenile may request to the Idaho petition for State Police, of fingerprints and records. A juvenile's criminal history conviction for record are expunged specific violent for arrests not leading sexual or drug to indictment within trafficking and one year of arrest or manufacturing crimes arrests not leading to cannot be conviction. cvii expunged. cvi request to the Idaho State Police, fingerprints and criminal history record are expunged for arrests not leading to indictment within one year of arrest or arrests not leading to conviction. cv is not available cviii, however information is not available. Sexual offender is available: (1) Any person, other than a recidivist, an offender who has been convicted of an aggravated offense, or an offender designated as a violent sexual predator, may, after a period of ten (10) years from the date the person was released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the person shall be exempted from the duty to register as a sexual offender. cix 5 yeas from termination of courts jurisdiction or, if committed to a juvenile corrections center, 5 years after release or at age 18(whichever is later) cx Sex offenders may apply to have their offense expunged 10 years from the date the person was released from incarceration or placed on parole, supervised release or probation. cxi order for a juvenile offense, the case is deemed to have never occurred. cxii petition the court, the court will set a hearing and the case prosecutor and any individual with relevant information may testify at the hearing. For sexual offense, the petition must provide evidence that s/he is not a risk to commit a new violation or violent crime, The petitioner must not be the subject of a pending charge or investigation. S/he must provide proof the petitions were filed with the county prosecutors office and provide a certified copy of the judgment which caused the individual to register. available limited resources, statutes only no access to forms IL Juvenile Arrest and is available. Adult Arrest and is available. 20 Ill. Comp. Stat. 2630/5 ( and Arrest Record ) 705 Ill. Comp. Stat. 405/5-915(4) (Juvenile ) cxiii Law enforcement and juvenile court records relating to incidents before a person s seventeenth birthday may be expunged when the individual reaches age seventeen or the proceedings have been terminated if later, under certain circumstances cxiv Law enforcement and juvenile court records relating to incidents before a person s seventeenth birthday may be expunged when the individual reaches age seventeen or the proceedings have been terminated if later, under certain circumstances cxv An individual with no prior conviction who is acquitted or released without being convicted for a violation felony or misdemeanor may petition for immediate of the arrest record. Arrests that resulted in supervision are eligible for An individual convicted of certain misdemeanor offenses can apply to have the record sealed four years after the completion of the sentence provided the person has not been convicted of a crime during that four-year period. An individual with a Arrests for: misdemeanor- Immediate Arrest for Felonies- Immediate Supervision for Sex Crimes 2 years Supervision for Violation of an order of protection 2 years Supervision for Humane Care for Animals Act Dog Fighting 2 years Once your record has been expunged, it may not be considered by any private or public entity [other than by law enforcement agencies, the Department of Correction, State s Attorneys, or other prosecutors] in employment matters, certification, To complete the, you must fill out and file certain forms. File your forms at the Circuit Court Clerk s office Once you file the forms, you must send them to the Illinois State Police, the arresting police agency, and the legal officer of the Criminal history results $12, Non fingerprint conviction information $12, and fingerprint conviction information cxxiii It costs $60 to file for sealing or, plus an additional $40 for the Illinois State Police. cxxiv Yes one of the best sites is for the appellate defender. efender/exp.html Overview of State Statutory Provisions Potentially to Drug Court Participants. Page 13

14 Is Arrests s Arrests s two conviction who has years after discharge been grated a pardon and dismissal of that specifically supervision. Arrest authorizes that resulted in may supervision for petition to for an specific motor order vehicle and other cxvii listed violations are eligible for five years after termination of supervision or probation. cxvi Supervision for Violent Crimes that would require an individual to register under the Sex Offender Registration 2 years Supervision for special enumerated crimes Uninsured motor vehicle 5 years Supervision for special enumerated crimes suspended registration for noninsurance 5 years Supervision for special enumerated crimes Display of false insurance 5 years Supervision for special enumerated crimes Vehicle scrap processor records 5 years Supervision for special enumerated crimes reckless driving 5 years Supervision for special enumerated crimes Rental theft 5 years Supervision for domestic battery 5 years Supervision of Criminal sexual abuse 5 years s can not be expunged Probation for Special Enumerated crimes first violation of the controlled cannabis act 5 years licensing, revocation of certification or licensure, or registration. cxix For juvenile they can help remove social barriers. Having juvenile record make it hard to get a job, a place to live, credit, licenses needed to some types of jobs and student loans. Getting the record expunged may help remove these barriers Law enforcement agencies, the Department of Corrections, State s Attorneys and other prosecutors can still get to your juvenile records, even if they have been expunged. The military can too. Also, private companies that do background checks may be able to get your juvenile records, even after they have been expunged. Still, is an important step towards making sure you are not shut off from future opportunities. cxx city. cxxi To have a juvenile you must get an arrest history report, fill out the forms called a petition, a notice and an Order to ask that your records be expunged and file the petition with the circuit court in the county in which you were arrested the clerk will contact the state police, prosecutor and the agency that arrested you. They have up to 90 days to object your petition. cxxii Overview of State Statutory Provisions Potentially to Drug Court Participants. Page 14

15 Is Arrests s Arrests s Probation for Special Enumerated crimes First violation of the controlled substance Act 5 years Probation for Special Enumerated crimes Alcohol or drug dependency act 5 years cxviii IN Juvenile is Available Adult and Criminal Record is available. I Ind. Code (Juvenile ) Ind. Code (Criminal Record ) Ind. Code (Adult cxxv Not Available will be sealed when the subject reaches 22 years of age unless the individual is subsequently arrested for a felony. cxxvi Individuals can petition for if no criminal charges are filed or a case is dismissed because of mistaken identity, no offense was committed or an absence of probably cause was found, provided there are no prior arrests other than minor traffic offenses and no proceedings are pending against the person. cxxvii records can be sealed if 15 years have passed since the date of discharge from probation, imprisonment or parole for the last conviction of a crime. cxxviii 15 years must have passed since the individual was discharged from supervision or since the conviction had occurred. Juveniles will have their records sealed upon attaining the age of 22. cxxix Public and private employers are prohibited from inquiring about or using expunged criminal history record information. Expunged juvenile records are treated as if the never occurred, government agencies can say no record exists if they receive and inquiry. cxxx Must apply for a pardon to get cxxxi provide Not much is available IA Alcohol Violations and Deferred Adjudication are the only available s in Iowa for Adults. Juvenile is Available. No criminal record Iowa Code (Deferred Adjudication) Iowa Code (4) (Deferred Adjudication) Iowa Code Ann (5) ( Sealing Adult conviction) Iowa Code Ann (5) Information Not Available Most juvenile delinquency records can be sealed 2 years following the final discharge if the person has not subsequently been convicted of a serious crime. cxxxiii No, criminal record are not expunged in Iowa. cxxxiv Violation convictions for public alcohol consumption or intoxication may be expunged 2 years following the conviction, if the person has had no other criminal convictions other than simple misdemeanor violations during the prior 2 year period. cxxxv For some first time For a violation conviction for public consumption of alcohol or public intoxication an adult must wait two years to get the conviction expunged. cxxxvii A deferred adjudication candidate must complete the probationary program before being eligible for. cxxxviii If a record of public consumption or intoxication is expunged, the person is exonerated. cxl If a juvenile record is sealed a person may deny the existence of the record. cxli Information not available Information not available No Overview of State Statutory Provisions Potentially to Drug Court Participants. Page 15

16 KS Is exists. Juvenile is available. Adult Criminal Record in Available. (Sealing a Juvenile Record) cxxxii Kan. Stat. Ann (f) (Criminal record ) Kan. Stat. Ann (Adult ). Kan. Stat. Ann (Juvenile ) cxlii Arrests s Arrests s felony offenders the court may defer judgment and place the defendant on probation. If the defendant is discharged from probation, no conviction occurred in the strict legal sense because no adjudication of guilt was made. Upon successful completion of probation the record of the conviction is expunged. Only the portion of the record pertaining to the deferred judgment is expunged. The court has no authority to expunge the docket, the case index, the defendant s name, the charge filed or the Information Not Available. Certain Juvenile offender adjudications can be expunged if the individual is 23 years of age or 2 years have passed since final discharge, the individual has no subsequent criminal history or pending charges, and the circumstances warrant. Serious juvenile record (e.g. murder, serious crimes involving a child) Arrest records may be expunged if: the arrest occurred because of mistaken identity; a lack of probable cause was found; the individual was found not guilty; or would serve the bests interest of justice because the charges have been dismissed or not charges have been or are likely to be filed. cxlv plea. cxxxvi Most violations of city ordinances can be expunged if 3 years have passed since the completion of the sentence or discharge from probation, parole or a suspended sentence; h/he has not been convicted of a felony in the past 2 years; no similar charges are pending against him/ her; and the circumstances and behavior of the petitioner warrant and it A juvenile must wait 2 years following his or her final discharge from supervision to be eligible for. cxxxix An adult must wait 3 years before petitioning for an of a city ordinance without having committed a felony within the past 2 years. To expunge a motor vehicle conviction an individual must wait 5 years and not have committed a felony in 2 years. cxlix When a juvenile reaches the age of 23 or has waited 2 years After, person shall be treated as not having been convicted, and an order of erases the conviction, except that it may be brought up in subsequent prosecutions as a predicate offense for sentencing purposes. Kan. Stat. Ann. Also, the conviction must be disclosed in connection with Process and criteria: Petition for is filed in jurisdiction of conviction, and is made part of the original criminal docket. Court notifies prosecutor, and may inquire into petitioner s background and shall have access to any reports or records relating to the petitioner that are on file with the secretary of corrections or the Epungement motions shall be $50 per case to be paid at the time of the filing. cliv Not much is available on internet Overview of State Statutory Provisions Potentially to Drug Court Participants. Page 16

17 Is Arrests s Arrests s cannot be expunged. cxliii Kansas allow a juvenile adjudication to be expunged. Recently, the law was also changed to allow Immediate Interventions and uncharged police records to be expunged as well. A record that has been "expunged" means that to those persons or agencies outside the court system, it can be treated as if it never occurred. At least two years must have elapsed from discharge from court jurisdiction for a person to be eligible for of a juvenile adjudication. cxliv is consistent with the public welfare. cxlvi Certain City violations (mostly involving motor vehicles) can be expunged if 5 years have passed since the completion of the sentence, s/he has not been convicted of a felony in the part 2 years, no similar charges are pending against him/ her, and the circumstances and behavior of the petitioner warrant and it is consistent with the public welfare. cxlvii Some serious offenses (murder, rape, sex offenses) are exclude from the procedure altogether. cxlviii since his or her final discharge from supervision, s/he may apply for. cl certain licensing and public employment applications (health, security, gaming, commercial driver or guide, investment adviser, law enforcement). Other than the specified contexts, a person may respond that he has not been convicted in response to questions on applications for a license or employment or benefit. An does not remove state or federal firearms restrictions. cli. In most circumstances a juvenile offender can deny the existence of the adjudication if it has been expunged. clii Kansas parole board. Any person who may have relevant information about the petitioner may testify at the hearing. cliii KY Juvenile and Adult and Criminal Record Are Available. Ky. Rev. Stat. Ann and ( of Criminal Record.) Ky. Rev. Stat. Ann ( of Adult convictions) Ky. Rev. Stat. Acquittals and charges dismissed with prejudice may be expunged. clvi Juvenile adjudications may be expunged if 2 years have passed since the termination of the court s jurisdiction over the person and the person has not been convicted of a felony or adjudicated in a public offense action and no felony proceedings are pending against him/her. The twoyear waiting period Under 1996 law, judges have discretion to expunge records of misdemeanor or felony cases that result in dismissals or acquittals. In spousal abuse cases a judge must expunge if the charges are dismissed or end in acquittal. clviii Acquittals and charges dismissed Under 1992 law judges must expunge misdemeanor convictions five years after completion of the sentence provided the person remains uninvolved in criminal matters. clx Class D felonies are eligible for after five years of criminal inactivity. This is reliant upon the 5 years following felony and misdemeanor convictions. Immediately following pretrial diversions however to be eligible a person must not have committed a felony within 10 years of their charged crime. A juvenile must wait 2 years to petition for A person does not have to disclose their expunged conviction on any application. If an inquiry is made into the criminal history of the person, no record shall exist. clxiv Petition the Court and prove that you meet all statutory provisions for e.g. 5 years of criminal inactivity. clxv clxvi No Overview of State Statutory Provisions Potentially to Drug Court Participants. Page 17