Crime & Traffic

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Part of the Expungement & Sealing library, sponsored by Loeb & Loeb LLP

The Big Picture

A criminal record is created whenever you are arrested, even if you are released without being charged or found not guilty. These criminal records can be viewed by the public, including potential…

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Expungement can remove arrests, court supervisions, and certain probations from your criminal record. Expunging a criminal record erases the record, so it is like it never happened. This article explains how long you must wait before asking a judge to expunge your record.

You are eligible to expunge cases with the following outcomes at any time:

• Released without charging (RWOC),
• Dismissals,
• Acquittals,
• Finding of no probable cause, and
• A conviction that has been vacated or reversed.

Supervision

Wait 2 years from the end of your last sentence to file a petition to expunge a successfully completed sentence of supervision, unless your case is listed below.

Wait 5 years from the end of your last sentence to file a petition to expunge a successfully completed sentence of supervision in these case types:

• Domestic battery
• Criminal sex abuse
• Operating of an uninsured motor vehicle
• Suspended registration for non-insurance
• Display of false insurance card
• Scrap processor of vehicles failure to keep a record

Important: You cannot expunge court supervision for a sex offense against a minor, driving under the influence, and reckless driving (if you were 25 or older at the time).

Qualified probation

Wait 5 years from the end of your last sentence to file a petition to expunge successfully completed 710 or 1410 First Time Offender Probation for a drug offense, TASC probation, Second Chance probation, or other qualified probation.

You must also attach the results of a clean drug test to your petition.

Victims of human trafficking

Effective January 1, 2024, if your case was the result of human trafficking, you can petition the court to vacate and expunge your record at the end of your last sentence.

Offenses that cannot be expunged

Some offenses cannot be expunged, no matter how long you wait. Learn what offenses can and cannot be expunged.

Even if you cannot expunge a case, you may still be able to seal it. See what offenses can be sealed and how long you have to wait before you can seal them.

If you have some cases that don’t qualify for either expungement or sealing, you can still expunge or seal those arrests and cases that are eligible.