Promoting Second Chances: HR and Criminal Records

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1 AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN Adult arrests without charges; records with inaccuracies Only cases of mistaken identity or false accusations are expungeable No expungement or sealing permitted Convictions: misdemeanor convictions expungeable. 5-year waiting period applies for select offenses (1) Arrests: must prove "factual innocence" (2) Convictions: can petition for a dismissal if convicted of infraction, misdemeanor, or felony and received any combination of county jail time, probation, or a fine. (1) Arrests without charging or convictions can be sealed. (2) Convictions for some drug offenses can be sealed after 10 year waiting period. (1) Arrests without convictions are automatically expunged. (2) Convictions: Individual can petition for expungement of convictions after waiting period of three years for misdemeanors and five years for felonies. Arrests for misdemeanors without convictions are automatically expunged if no other convictions on record (1) Arrests for misdemeanors without convictions can be expunged after 2-5 years, unless another conviction is on record. (2) Convictions: some misdemeanor convictions may ben expunged after 10 years from completion of sentence or probation Arrests without convictions are eligible for expungement if individual has not had a criminal record sealed or expunged in the past, nor have a pending petition to seal or expunge a criminal record. (1) Arrests without charging or convictions can be expunged, unless charges are pending in another case, or the individual was convicted of the same or a similar offense within the last five years, or the individual entered into a plea agreement that caused the charges to be dropped or dismissed. (2) Convictions: not expungeable (1) Arrests without charging or convictions can be expunged for misdemeanor and felony arrests. Exceptions apply. (2) Convictions for some first-time drug offenses are expungeable. Arrests or criminal summons without conviction can be expunged if no further charges within one year or acquittal on all charges connected with the arrest or summons (1) Arrests without convictions can be expunged, unless a prior conviction is on record. (2) Convictions for some misdemeanor and felony drug or prostitution offenses are sealable. (1) Arrests without probable cause or for mistaken identity can be expunged. Arrests without charging or resulting in acquittal can be sealed after 30-day waiting period. (2) Convictions for some misdemeanor and Class D felonies can be sealed after 8 year waiting period and no new felony convictions. September 28, 2015 IPMA-HR Conference 1

2 IA KS KY LA ME MD MA MI Convictions for some alcohol-related offenses and deferred judgements followed by successful completion probation can be expunged (1) Arrests without convictions are expungeable. (2) Convictions for traffic infraction, tobacco infractions, misdemeanor, Class D or E felonies and some drug-related felonies are expungeable three years after completion of sentence. Convictions for offenses with a five-year waiting period for expungement include Class A, B, or C felonies. (1) Arrests without conviction can be expunged, unless person pleas guilty to another offense and no other case are pending. Individual can file petition within 60 days. (2) Convictions: some misdemeanor convictions can be expunged after five-year waiting period Arrest without convictions for misdemeanor offenses and some felony offenses can be expunged. Exceptions apply. Convictions for misdemeanor offenses can be expunged after fiveyears since end of sentence. Felony convictions resulting in dismissal after successful completion of probation can be expunged. Exceptions apply. No expungement or sealing permitted. Restrictions apply on who can access arrest and/or conviction information (1) Arrests: Arrested but not charged may qualify for automatic expungement. Arrested, charged but not convicted can be expunged within three years, unless convicted for another offense. (2) Convictions for only one nonviolent crime, or pardon from Governor, can qualify for expungement. Sealing only. (1) Misdemeanor offenses: Convictions can be expunged five-years after end of sentence and no other convictions during previous five years, except for minor motor vehicle offenses. (2) Felony offenses: Convictions can be sealed five-years after end of sentence and no other convictions during previous ten years, except for minor motor vehicle offenses. (3) Sex offenses: Convictions can be sealed 15 years after end of sentence or for as long as individual is required to register as a sex offender. Sealing only. Convictions for most misdemeanor and some felony offenses can be sealed five years after date of conviction or release from prison. Not eligible if convicted of federal crime, crime in another state, more than one adult criminal conviction in Michigan, felonies or an attempt to commit a felony for which the maximum punishment is life in prison, felony sex crime or assault with intent to commit a sex crime. September 28, 2015 IPMA-HR Conference 2

3 MN MS MO MT NE (1) Expungeable arrests: Arrested but not charged can be expunged if no conviction for major offenses on record in prior ten years. (2) Sealable arrests: Arrested, charged but not convicted can be sealed. (3) Convictions can be sealed if individual petitions and proves to the court that he or she has been denied work, housing, or a professional license because of his or her criminal record, expunging the record won t negatively affect public safety, and the person has been rehabilitated. (1) Arrests without charging or conviction can be expunged. Time limits apply. (2) Convictions for first-time misdemeanor offenses and some first- time felony offenses can be expunged after five years. (1) Expungeable arrests: Arrests can be expunged if the individual is not charged with a crime or there was a finding of no probable cause by a judge. (2) Sealable arrests: Arrests can be sealed if the individual was charged and one of the following conditions applies: the charges were dropped or dismissed, the individual was found not guilty, the imposition of a sentence was suspended, no civil action is pending related to the arrest and the individual ha no prior or subsequent misdemeanor or felony convictions. (3) Convictions cannot be expunged or sealed. (1) Arrests: Arrests without charging or conviction, or if the conviction is later invalidated, then individual can request that any photographs or fingerprints taken as evidence be returned. (2) Sealable cases: Cases of deferred adjudication (3) Expungeable cases: If individual was convicted of a sexual or violent offense and the conviction was later reversed, then the individual's criminal record, including DNA evidence, may qualify for expungement. (1) Arrests: arrested without charging or convictions can be expunged after one to three years. (2) Convictions cannot be expunged. NV (1) Arrests with no convictions can be sealed. (2) Convictions can be sealed if successful completion of probation, reentry program, drug/alcohol treatment program. (3) Convictions can be sealed upon completion of sentence, probation or parole and meeting waiting period requirements for following offenses: Misdemeanors other than gross misdemeanors-- 2 years waiting period. Gross misdemeanors-- 7 years waiting period. Category E felonies-- 7 years waiting period. Category C or D felonies-- 12 years waiting period. Category A or B felonies--15 years waiting period. September 28, 2015 IPMA-HR Conference 3

4 NH (1) Arrests: Arrest without charging or conviction can "annulled." (2) Convictions: Upon completion of a sentence and satisfying a waiting period, an individual may petition for annulment after one year for most convictions, except as follows: Class A or B misdemeanor, excluding sexual assault-- 3 years waiting period. Class B felony, other than certain crimes against children-- 5 years waiting period. Class A felony--10 years waiting period. NJ NM NY NC ND OH OK (1) Arrests without charging or convictions can be expunged (2) Convictions: Some convictions can be expunged, as follows: Indictable offenses--10 years waiting period. Individual may file a petition after five years and, if the court is satisfied that allowing expungement is in the public interest, it may approve the request. Disorderly person offenses-- 5 years waiting period. Municipal ordinance violations-- 2 years waiting period. Minor drug offenses-- 1 year waiting period for first-time offender under the age of 21. (1) Expungeable arrests: Arrests for misdemeanors but no disposition can be found are expungeable; Arrests with disposition such as dismissed or acquitted are not expungeable. (2) Convictions not expungeable or sealable. Some DNA evidence can be sealed (1) Arrests without charging or conviction can be sealed. (2) Convictions for some drug offenses and most noncriminal offenses, such as traffic infractions or disorderly conduct violations, can be sealed. (1) Arrests: one expungement permitted per lifetime if charges were dismissed or the individual was found not guilty. (2) Convictions: Misdemeanors involving alcohol or drugs for first time offender under the age of 21 at the time of the offense. (1) Arrests: A judge may order the expungement of an arrest record if the arrest was unlawful, in violation of the arrestee s constitutional rights and the arrestee has not been subsequently convicted. (2) Convictions: Possession of one ounce or less of marijuana for a first-time offender and there are no other charges pending--two years waiting period after the date of conviction. (1) Arrest without conviction can be expunged. (2) Convictions may be sealed after completion of sentence and satisfying waiting period -- one year for misdemeanors or three years for felonies. For first-time offender, only. Not eligible if individual was subject to a mandatory prison term for the conviction, has other pending cases, or was convicted of violent crimes, sex crimes, or motor vehicle offenses. (1) Arrests without charging or convictions can be expunged. (2) Convictions for misdemeanors and nonviolent felonies can be expunged after 10 years if no other convictions occur subsequently. September 28, 2015 IPMA-HR Conference 4

5 OR PA RI SC SD (1) Arrests: Arrested but not charged can be expunged within one year; Arrested, charged but not convicted can be expunged without waiting period, unless there are other convictions on record. If yes, then waiting periods from 3 to 10 years will apply. (2) Convictions: Misdemeanor and Class C felonies can be set aside after 3 years, unless other convictions in previous 10 years. (1) Expungeable arrests: Arrested, but no disposition of the within 18 months, there are no pending criminal charges, or the person is 70+ and has had no criminal proceeding in last 10 years. (2) Expungeable convictions: Cases resolved through an ARD program; some alcohol-related offenses; offense for which defendant received a fine or 90 days of less in jail and five years have passed since last criminal proceeding. (1) Arrests without charging or conviction can be expunged, unless another felony conviction on record. (2) Convictions: Misdemeanor convictions can be expunged after 5 year waiting period; felony convictions can be expunged after 10 year waiting period. Not applicable to crimes of violence. (1) Arrests without charging or convictions can be expunged. Successful completion of pre-trial intervention can have record expunged. (2) Conviction for first-offense for a crime carrying a penalty of not more than 30 days imprisonment or a fine of $500, or both can be expunged after 3 years from date of conviction. One expungement per lifetime. First-offense conviction for the simple possession of marijuana can be expunged after completion of sentence of conditional discharge. First-time misdemeanor fraudulent checks can be expunged one year after conviction, provided no other pending cases. (1) Expungeable offenses: Misdemeanor offenses, if at least ten years have passed since successfully completing all terms of sentencing; incidents that are no longer considered criminal in South Dakota; offenders who are at least seventy-five years old, if there have been no criminal proceedings against the person for ten years or more, or people who have died. (2) Sealable offenses: If individual completed all the terms of probation, the criminal record may qualify for sealing. TN TX (1) Arrests without charging or conviction can be expunged. (2) Convictions: Successful completion of pre-trial diversion program or probation can be expunged. Exceptions apply (1) Arrests without charging or conviction can be expunged. Waiting periods apply for arrests but not charged with a crime. (2) Convictions: not eligible except if plead guilty and received deferred adjudication September 28, 2015 IPMA-HR Conference 5

6 UT VT VA WA (1) Arrests without charging or conviction can be expunged after 30 days. (2) Convictions: Must have fewer than two felonies or three misdemeanors on record. Waiting periods apply as follows: Misdemeanors under the Utah Traffic Code: 10 years Felonies under the Utah Controlled Substance Act: 10 years Other felonies: 7 years Class A misdemeanors: 5 years Class B misdemeanors: 4 years Other misdemeanors or infractions: 3 years (1) Deferred sentence and probation. Upon completing probation and satisfying all the terms of a deferred sentence agreement, an individual's criminal record may be eligible for expungement. (2) Convictions that were reversed are eligible for expungement for some offenses. (1) Arrests without charges or convictions can be expunged. (2) Convictions: only expungeable when granted Governor's pardon (1) Arrests: Arrested, but no charges filed can be expunged after three years from date of arrest. Arrested, charged, but not convicted can be expunged after 2 years, unless other charges pending or certain convictions on record. (2) Misdemeanor convictions as follows: More than three years have passed since completing all the terms of a sentence. No criminal charges are pending and individual has not been convicted of a new crime. No other convictions have been vacated. In the past five years, the individual has not been the subject of a domestic violence protection order, a no-contact order, an anti-harassment order, or a civil restraining order. Not applicable to DUI, violent or sex offense. (3) Felony convictions as follows: the offense is a Class B felony and10+ years have passed since completion of a sentence. the offense is a Class C felony and 10+ years have passed since completion of a sentence (exceptions apply) WV (1) Arrests without charging or convictions can be expunged, provide no felony conviction on record. (2) Convictions: Can expunge record first time drug offense 6 months after completion of probation. Also, misdemeanor offenses committed between the ages of 18 and 26 can be expunged if individual has no prior or subsequent convictions other than minor traffic violations, and there are no pending cases. One year waiting period applies. Does not apply to DUI, violent and sex offense, plus dangerous use of firearms. September 28, 2015 IPMA-HR Conference 6

7 WI WY (1) Arrested without charging or convictions can be expunged. (2) Convictions: Individuals under the age of 25 at the time the crime was committed can have record expunged if the crime carried a maximum period of imprisonment of six years or less, and the individual completed the terms of the sentence. (1) Arrest without charges or convictions can be expunged 180 days after date of arrest. (2) Misdemeanor convictions: at least five years have passed since completing the terms of the sentence not convicted of a misdemeanor prior to the one that is subject of expungement the offense did not involve the use or attempted use of a firearm. (3) Felony convictions: at least ten years have passed since completing the terms of the sentence not convicted of a felony prior to the one that is subject of expungement the offense did not involve the use or attempted use of a firearm. not applicable for violent or sex crimes and others Source: Pages accessed week of June 22, 2015 September 28, 2015 IPMA-HR Conference 7