Expungement waiting periods by state
The main way each state clears a record, and how long you wait for common kinds of cases.
Waiting periods as the law states them. Exclusions and new offenses can matter more; the state page has every rule and the law.
| State | Main remedy | Waiting periods |
|---|---|---|
Expungement of non-conviction records (Ala. Code 15-27-1(a), 15-27-2(a)) | Dismissed with prejudice, no-billed, not guilty, or nolle prossed (any charge): You can file once more than 90 days have passed, counted from the dismissal, no-bill, acquittal or nolle pros Indictment quashed: You can file once the time limit for refiling has run out, or the prosecutor confirms the charge will not be refiled, counted from the quash order Charge dismissed after a drug court, diversion or other deferred prosecution program: 1 year, counted from successful completion of the program Misdemeanor or violation dismissed without prejudice: 1 year, counted from the dismissal | |
Set aside after suspended imposition of sentence (AS 12.55.085(e)) | Conviction with suspended imposition of sentence: No waiting period, counted from discharge from probation Suspended entry of judgment: 1 year, counted from date probation was first imposed Acquittal or dismissal: No waiting period, counted from date of acquittal or dismissal Mistaken identity or false accusation: No waiting period, counted from any time | |
Record sealing (A.R.S. 13-911) | Arrest with no charges, dismissal, or acquittal: No waiting period, counted from end of the case Petty offense conviction: No waiting period, counted from completion of the sentence Conviction vacated because you were a sex trafficking victim (A.R.S. 13-909): No waiting period, counted from the order vacating the conviction Class 2 or 3 misdemeanor conviction: 2 years, counted from completion of the non-money terms of probation or sentence and discharge by the court | |
Sealing of misdemeanor and violation convictions (Ark. Code 16-90-1405) | Most misdemeanors and violations: No waiting period, counted from completion of sentence, including restitution, court costs and any driver's license reinstatement fees Class A negligent homicide, battery 3rd degree, indecent exposure, public sexual indecency, sexual assault 4th degree, domestic battering 3rd degree: 5 years, counted from completion of sentence Misdemeanor DWI or BWI (5-65-103): 10 years, counted from your first DWI/BWI conviction Nonviolent Class C or D felony, unclassified felony, Class A/B drug felony, nonviolent felony committed under 18: No waiting period, counted from completion of sentence | |
Dismissal after probation (Penal Code 1203.4) | Misdemeanor or felony with probation: No waiting period, counted from end of probation (or early termination of probation) Misdemeanor or infraction, no probation: 1 year, counted from date of judgment (sentencing) Felony county jail sentence with mandatory supervision: 1 year, counted from completion of the sentence Felony county jail sentence without mandatory supervision: 2 years, counted from completion of the sentence | |
Sealing of arrest records when no charges were filed (C.R.S. 24-72-704) | Arrest, no charges filed (court petition): You can petition once the statute of limitations has run or police are no longer investigating, or after completing diversion with no charges filed, counted from when the statute of limitations has run or you are no longer under investigation Arrest on or after January 1, 2022, no charges (automatic at CBI): 1 year, counted from date of arrest Dismissed, acquitted, diversion or deferred judgment completed: No waiting period, counted from dismissal or acquittal Civil infraction, petty offense or drug petty offense: 1 year, counted from final disposition of all proceedings or release from supervision, whichever is later | |
Erasure after not-guilty finding, dismissal or nolle (C.G.S. 54-142a(a)-(c)) | Not guilty or dismissed: No waiting period, counted from end of the time to appeal (or the final appeal decision) Charge nolled: Records are erased once 13 months have passed since the nolle, counted from date of the nolle Misdemeanor conviction: 7 years, counted from date of your most recent conviction Class D/E or unclassified felony (max 5 years), or DUI: 10 years, counted from date of your most recent conviction | |
Mandatory expungement (application to the State Bureau of Identification) | Case ended in your favor (acquittal, dismissal, nolle prosequi, completed probation before judgment): No waiting period, counted from end of the case Arrest with no charges filed: 1 year, counted from arrest Old charge with no disposition: 7 years, counted from the charge Violation(s) only, one case: 3 years, counted from date of conviction | |
Sealing of criminal records by motion (D.C. Code § 16-806) | Arrest or charge, no conviction: No waiting period, counted from end of the case (dismissal, no papering, or other final disposition without conviction) Misdemeanor conviction: 5 years, counted from completion of the sentence (discharge from incarceration, probation, parole or supervised release, whichever is latest) Felony conviction: 8 years, counted from completion of the sentence Arrest or charge, actual innocence: No waiting period, counted from end of the case | |
Court-ordered expunction | No charges filed, dismissed, dropped, or acquitted: No waiting period, counted from end of the case and end of any court supervision Adjudication withheld (record first sealed): 10 years, counted from date the record was sealed Adjudication withheld (misdemeanor or felony): No waiting period, counted from end of court supervision (probation) for that case | |
Restriction of arrests that did not lead to a conviction | Dismissed, nolle prossed or acquitted after charges: No waiting period, counted from final disposition Misdemeanor arrest never referred for prosecution: 2 years, counted from date of arrest Felony arrest never referred for prosecution: 4 years, counted from date of arrest Serious violent felony or felony sex offense with victim under 16, never referred: 7 years, counted from date of arrest | |
Expungement of non-conviction arrest records (Attorney General) | Dismissed, not charged, or acquitted: No waiting period, counted from end of the case Deferred acceptance of guilty or no contest plea (DAG/DANC), discharged: 1 year, counted from discharge and dismissal of the charge Deferred plea for prostitution (HRS § 712-1200): 3 years, counted from discharge Petty misdemeanor or violation, bail forfeited: 5 years, counted from arrest or citation | |
Expungement of non-conviction records (Idaho State Police) | Arrest or summons, never charged: 1 year, counted from date of arrest or summons Acquitted or all charges dismissed: No waiting period, counted from acquittal or dismissal Eligible misdemeanor or felony drug possession conviction: 5 years, counted from completion of the sentence, including all probation, parole, fines and restitution Withheld judgment or suspended sentence, no probation violations: There is no fixed waiting period, counted from completion (or near completion) of probation | |
Expungement | Arrest without charges, acquittal, dismissal, reversed or vacated conviction: No waiting period, counted from the end of the case Court supervision, completed (most offenses): 2 years, counted from satisfactory termination of the supervision Court supervision for domestic battery, criminal sexual abuse, uninsured or false-insurance vehicle offenses, scrap-record offense: 5 years, counted from satisfactory termination of the supervision Qualified probation (e.g. first-offender drug probation), completed: 5 years, counted from satisfactory termination of the probation | |
Expungement of arrest records (IC 35-38-9-1) | Arrest, charge dismissed or acquitted (petition): 1 year, counted from the date of arrest, charge or juvenile allegation, whichever is later Arrest after June 30, 2022, no charges pending: 1 year, counted from the date of arrest Misdemeanor conviction: 5 years, counted from the date of conviction Class D / Level 6 felony conviction: 8 years, counted from the date of conviction | |
Expungement of acquittals and dismissals (Iowa Code 901C.2) | Acquittal or dismissal of all charges: At least 180 days must pass after the acquittal or dismissal, unless the court finds good cause (for example, identity theft or mistaken identity), counted from the judgment of acquittal or order of dismissal Misdemeanor conviction: 8 years, counted from the date of conviction Public intoxication, underage possession, or prostitution under 18: 2 years, counted from the date of conviction Deferred judgment, probation completed: No waiting period, counted from discharge from probation | |
Expungement of arrest records (K.S.A. 22-2410) | Arrest, dismissal or acquittal: No waiting period, counted from the arrest or end of the case Misdemeanor, traffic infraction, Class D/E felony or lower-level felony (nondrug levels 6-10, drug level 5, or drug level 4 for 1993-2012 crimes): 3 years, counted from satisfying the sentence or discharge from probation, community corrections, parole, postrelease supervision, conditional release or suspended sentence Completed diversion agreement: 3 years, counted from fulfilling the terms of the diversion Higher-level felony (Class A-C, off-grid, nondrug levels 1-5, high drug levels) and listed traffic-related crimes (vehicular homicide, driving while suspended, hit-and-run, no insurance, felony using a vehicle, etc.): 5 years, counted from satisfying the sentence or discharge from supervision | |
Expungement of acquittals, dismissals and charges not indicted (KRS 431.076) | Acquittal or dismissal with prejudice, petition: If your case was not expunged automatically, you can petition 60 days after the acquittal or dismissal with prejudice, counted from the order of acquittal or dismissal Felony charge not indicted: You can petition 6 months after the case was sent to the grand jury, counted from the District Court decision to hold the matter to the grand jury Felony charge dismissed without prejudice: 3 years, counted from the order of dismissal without prejudice Misdemeanor charge dismissed without prejudice: 1 year, counted from the order of dismissal without prejudice | |
Motion to expunge an arrest that did not result in a conviction (La. C.Cr.P. art. 976) | Dismissal, acquittal, refusal to prosecute: No waiting period, counted from the end of the case DWI arrest with pretrial diversion: 5 years, counted from the date of arrest Misdemeanor set aside and dismissed under art. 894(B): No waiting period, counted from the set-aside and dismissal Misdemeanor conviction: 5 years, counted from completion of any sentence, deferred adjudication, probation or parole | |
Post-judgment motion to seal criminal history record (15 M.R.S. ch. 310-A) | Class E crime or eligible pre-2017 marijuana conviction: 4 years, counted from the date you fully satisfied every part of the sentence (jail, probation, fines, restitution, license suspension, community service) Engaging in prostitution (former § 853-A): 1 year, counted from fully satisfying the sentence Any conviction linked to trafficking or exploitation: No waiting period, counted from entry of the conviction | |
Expungement of non-conviction and other favorable dispositions (§ 10-105) | Acquittal, dismissal or nolle prosequi: 3 years, counted from disposition Probation before judgment (PBJ): 3 years, counted from the later of discharge from probation or 3 years after PBJ was granted PBJ for DUI/DWI (Transportation § 21-902(a) or (b)): 15 years, counted from discharge from probation Stet or compromise: 3 years, counted from the stet or compromise | |
Sealing of convictions by the Commissioner of Probation (G.L. c. 276, § 100A) | Misdemeanor: 3 years, counted from the later of the guilty finding or the end of any jail or prison time Felony: 7 years, counted from the later of the guilty finding or the end of any prison time Eligible sex offense: 15 years, counted from disposition, including end of supervision, probation or incarceration (or longer while you must register) Offense that is no longer a crime: No waiting period, counted from anytime | |
Application to Set Aside Conviction(s) (MCL 780.621) | Misdemeanor (not a serious misdemeanor, assaultive crime or OWI): 3 years, counted from the last of: sentencing, end of jail, or end of probation Serious misdemeanor(s) or one first-offense OWI: 5 years, counted from the last of: sentencing, end of probation, discharge from parole, or end of imprisonment One felony: 5 years, counted from the last of: sentencing, end of probation, discharge from parole, or end of imprisonment More than one felony: 7 years, counted from the last of: sentencing, end of felony probation, discharge from parole, or end of imprisonment | |
Petition for expungement (Minn. Stat. § 609A.02, subd. 3; § 609A.03) | Case resolved in your favor (dismissed or acquitted): No waiting period, counted from the resolution Diversion or stay of adjudication: 1 year, counted from completion of the program or stay Petty misdemeanor or misdemeanor conviction: 2 years, counted from discharge of the sentence Gross misdemeanor conviction: 3 years, counted from discharge of the sentence | |
Expunction of arrests and dismissed or not-guilty cases (Miss. Code § 99-19-71(4); § 99-15-59) | Dismissed, dropped, no disposition, or not guilty: No waiting period, counted from the dismissal or verdict Misdemeanor arrest or citation never formally charged: 1 year, counted from the arrest Nonadjudication completed and case dismissed: No waiting period, counted from dismissal Misdemeanor conviction (first offender): The statute sets no waiting period; you may petition the court where you were convicted, counted from conviction | |
Petition for expungement (RSMo 610.140) | Misdemeanor, municipal violation or infraction: 1 year, counted from completion of the sentence or other authorized disposition Felony: 3 years, counted from completion of the sentence or other authorized disposition Arrest with no charges: 18 months, counted from the arrest First DWI/BWI misdemeanor: 10 years, counted from the plea or conviction | |
Misdemeanor Expungement | Misdemeanor conviction (presumed expungement): 5 years, counted from completing all sentence terms, including paying fines and finishing court-ordered treatment Military academy or enlistment applicant / service member: No waiting period, counted from no waiting period Misdemeanor conviction, less than 5 years: The law does not set a minimum wait to file, but before 5 years the court does not presume expungement; the judge weighs your age at the time, the time passed, rehabilitation and risk of reoffending, counted from no fixed period Felony, deferred sentence completed: When the deferral period ends and no petition to revoke was filed, the court must strike the guilty plea or verdict and dismiss the charge, counted from end of the deferral period | |
Set Aside of a Criminal Conviction | Probation, fine only or community service: No waiting period, counted from completing probation (or early discharge), paying the fine and finishing community service Jail or prison of 1 year or less: No waiting period, counted from completing the sentence Re-filing after a denial (jail/prison sentence): 2 years, counted from the denial of your earlier petition Dismissed or acquitted before Jan. 1, 2017: No waiting period, counted from no waiting period | |
Sealing Records After Conviction (NRS 179.245) | Misdemeanor (most): 1 year, counted from release from actual custody or end of a suspended sentence, whichever is later Misdemeanor battery, harassment, stalking or violating a protection order: 2 years, counted from release from actual custody or end of a suspended sentence, whichever is later Misdemeanor DUI, misdemeanor domestic battery, or Medicaid fraud (NRS 422.540-422.570): 7 years, counted from release from actual custody or end of a suspended sentence, whichever is later Gross misdemeanor: 2 years, counted from release from actual custody or discharge from probation, whichever is later | |
New Hampshire Not covered yet: court self-help · LawHelp.org | Not covered yet | |
Regular Expungement - Indictable Offense (crime) | Indictable offense (crime): 5 years, counted from the most recent conviction, payment of court-ordered fines and fees, completion of probation or parole, or release from incarceration, whichever is later Indictable offense, early (compelling circumstances): 4 years, counted from the same latest date Disorderly persons / petty disorderly persons offense: 5 years, counted from the most recent conviction, payment of court-ordered fines and fees, completion of probation or parole, or release from incarceration, whichever is later Disorderly persons offense, early (compelling circumstances): 3 years, counted from the same latest date | |
Expungement of Records Upon Conviction | Municipal ordinance violation or misdemeanor: 2 years, counted from the last date you completed a sentence for any conviction in any jurisdiction Misdemeanor aggravated battery (30-3-5(B)) or fourth-degree felony: 4 years, counted from the last date you completed a sentence for any conviction in any jurisdiction Third-degree felony: 6 years, counted from the last date you completed a sentence for any conviction in any jurisdiction Second-degree felony: 8 years, counted from the last date you completed a sentence for any conviction in any jurisdiction | |
Sealing of cases that ended in your favor (CPL 160.50) | Case dismissed, acquitted or otherwise ended in your favor: No waiting period, counted from the end of the case Violation (non-criminal) conviction: No waiting period, counted from the conviction Misdemeanor or felony conviction: 10 years, counted from the sentencing on your latest conviction, or your latest release from jail or prison if you were incarcerated (including jail time given with probation) Drug conviction after completing judicial diversion or drug treatment: No waiting period, counted from completing the program and the sentence | |
Expunction of dismissed charges and not-guilty findings (G.S. 15A-146) | Charge dismissed or found not guilty: No waiting period, counted from the final disposition of the charges One nonviolent misdemeanor: 3 years, counted from the conviction date or the end of any jail sentence, probation or post-release supervision, whichever is later More than one nonviolent misdemeanor: 7 years, counted from your last conviction (other than a traffic offense) or the end of any sentence, probation or post-release supervision, whichever is later One nonviolent felony: 10 years, counted from the conviction date or the end of any sentence, probation or post-release supervision, whichever is later | |
Closing nonconviction court records (N.D.C.C. 12-60.1-05) | All charges dismissed or acquitted (order on or after August 1, 2025): No waiting period, counted from the order of dismissal or acquittal All charges dismissed or acquitted (before August 1, 2025): No waiting period, counted from the order of dismissal or acquittal Misdemeanor conviction: 3 years, counted from your last conviction for any crime (no new conviction for at least 3 years before you file) Felony conviction: 5 years, counted from your last conviction for any crime (no new conviction for at least 5 years before you file) | |
Sealing or expungement of dismissed, not-guilty and no-bill cases (R.C. 2953.33) | Found not guilty or case dismissed: No waiting period, counted from the not-guilty finding or dismissal Grand jury no bill: 2 years, counted from the date the grand jury reported the no bill Minor misdemeanor – seal or expunge: 6 months, counted from final discharge (end of jail, probation, parole or post-release control, and payment of fines) Misdemeanor – seal or expunge: 1 year, counted from final discharge | |
Section 18 expungement – non-conviction records (22 O.S. § 18(A)(1)-(3), (5), (7), (14)) | Acquitted, reversed on appeal, or DNA exoneration: No waiting period, counted from the acquittal, reversal or exoneration Arrested, no charges filed: You can petition once the prosecutor declines to file charges or the time limit to file has passed, counted from the prosecutor declining to file, or the statute of limitations running out All charges dismissed (not after a deferred sentence): You can petition once the charges cannot or will not be refiled, if you have never been convicted of a felony and have no pending charges, counted from the statute of limitations running out, or the prosecutor confirming the charges will not be refiled Misdemeanor dismissed after deferred sentence: 1 year, counted from the dismissal | |
Set aside of arrests, citations and charges not leading to conviction (ORS 137.225(1)(c), (d)) | Arrested or cited, no charges filed: You can file 60 days after the prosecutor decides not to file charges, counted from the date the prosecutor says the state will not prosecute Charge dismissed or acquitted: No waiting period, counted from the dismissal or acquittal Class B felony: 7 years, counted from the conviction date or release from prison, whichever is later Class C felony, or contempt of court for violating an abuse-related or person-crime order: 5 years, counted from the conviction date or release from prison, whichever is later | |
Expungement | Charges dismissed, withdrawn or not prosecuted: No waiting period, counted from final disposition Acquitted of all charges at trial: No waiting period, counted from acquittal ARD (Accelerated Rehabilitative Disposition) completed: No waiting period, counted from dismissal after ARD Summary offense conviction: 5 years, counted from date of conviction | |
Expungement of conviction (first offender) | Misdemeanor conviction, first offender: 5 years, counted from completion of sentence Felony conviction, first offender: 10 years, counted from completion of sentence Deferred sentence completed: No waiting period, counted from completion of the deferment period Offense later decriminalized: No waiting period, counted from completion of sentence | |
Expungement of charges dismissed, discharged, nolle prossed or found not guilty | Summary court case dismissed or not guilty: No waiting period, counted from end of the appeal period General sessions charge dismissed, nolle prossed or not guilty: No waiting period, counted from disposition Pretrial intervention (PTI) completed: No waiting period, counted from noncriminal disposition after PTI Conditional discharge (first drug possession): No waiting period, counted from discharge and dismissal | |
Expungement of arrest record | Arrest, no charge filed: 1 year, counted from date of arrest Entire case dismissed by prosecutor: 1 year, counted from date of dismissal Acquittal: No waiting period, counted from acquittal Diversion program completed: If you complete diversion and have no new charges (other than petty offenses or minor traffic tickets) for one year and 30 days, the prosecutor files a dismissal and the court grants expungement without a motion, counted from successful completion of diversion | |
Expunction of dismissed charges (no conviction) | Dismissed, nolle prosequi, no true bill, or not guilty: No waiting period, counted from dismissal or verdict Dismissed after pretrial or judicial diversion: No waiting period, counted from dismissal after completing diversion Misdemeanor conviction: 5 years, counted from completion of sentence, including probation and parole Eligible Class E felony: 5 years, counted from completion of sentence, including probation and parole | |
Expunction | Class C misdemeanor arrest, no charge filed: If no charge was filed, you can ask after at least 180 days from the arrest, counted from date of arrest (180 days) Class A or B misdemeanor arrest, no charge filed: 1 year, counted from date of arrest Felony arrest, no charge filed: 3 years, counted from date of arrest Prosecutor certifies records not needed: No waiting period, counted from date of the prosecutor's certification | |
Petition for expungement of an arrest, investigation or detention (no conviction) | Arrest or charge, no conviction: At least 30 days must pass after the arrest or charge, and the case must have ended with no charges, a dismissal with prejudice, an acquittal, or an expired statute of limitations, counted from arrest or charge Charge dismissed without prejudice: If a charge was dismissed without prejudice, you need the prosecutor's written consent, or you wait 180 days after the dismissal, counted from dismissal Case that also has a class C misdemeanor or infraction traffic conviction: 3 years, counted from traffic conviction Case that also has a class B misdemeanor traffic conviction: 4 years, counted from traffic conviction | |
Sealing of a conviction (qualifying misdemeanor) | Qualifying misdemeanor conviction: 3 years, counted from completing the terms and conditions of the sentence Qualifying felony conviction: 7 years, counted from completing the terms and conditions of the sentence Qualifying DUI misdemeanor: 10 years, counted from completing the terms and conditions of the sentence Qualifying crime committed at age 18-21: You can ask once 30 days have passed after you finished your sentence, counted from completing the terms and conditions of the sentence | |
Petition for sealing (Va. Code § 19.2-392.12) | Misdemeanor conviction or deferred dismissal: 7 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it Eligible felony conviction or deferred dismissal: 10 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it One of the nine listed misdemeanors: 7 years, counted from conviction or dismissal of the deferred charge Acquittal, nolle prosequi or dismissal: No waiting period, counted from final disposition | |
Vacating a misdemeanor or gross misdemeanor conviction (RCW 9.96.060) | Misdemeanor or gross misdemeanor (non-domestic violence): 3 years, counted from the later of release from supervision or probation, release from confinement, or the sentencing date Domestic violence misdemeanor: 5 years, counted from completing the original conditions of the sentence, including any ordered treatment (not counting payment of fines) Misdemeanor cannabis possession, age 21 or older at the time: No waiting period, counted from any time Class C felony: 5 years, counted from the later of release from community custody, release from confinement, or the sentencing date | |
Expungement after acquittal, dismissal, diversion or deferred adjudication (W. Va. Code § 61-11-25) | Acquittal or dismissal: File no sooner than 60 days after the acquittal or dismissal, counted from order of acquittal or dismissal One misdemeanor: 1 year, counted from conviction, end of incarceration or end of supervision, whichever is later More than one misdemeanor: 2 years, counted from the last conviction, end of incarceration or end of supervision for it, whichever is later Nonviolent felony: 5 years, counted from conviction, end of incarceration or end of supervision, whichever is later | |
Expungement for offenders under 25 (Wis. Stat. § 973.015) | Eligible offense, judge ordered expungement at sentencing: No waiting period, counted from successful completion of the sentence | |
Expungement of arrest records and dismissed charges (W.S. 7-13-1401) | Arrest or dismissed charge, no conviction: At least 180 days must pass after the arrest or after the charges were dismissed, counted from the arrest or the dismissal of the charges Misdemeanor (non-status offense): 5 years, counted from the end of the sentence, including probation and any court-ordered program Status offense (illegal only for a group, such as underage drinking): 1 year, counted from the end of the sentence, including probation and any court-ordered program Eligible felony: 10 years, counted from the end of the sentence including probation, completion of any court-ordered program, and full payment of restitution |
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