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Seal Criminal Record

The purpose of the expungement statute is to seal the criminal record of one-time offenders who satisfy the requirements of the act.

An application to seal a criminal record may not be filed until five years after imposition of the sentence, or until five years after completion of any term of imprisonment, whichever occurs later.

Upon application to seal a criminal record, a court may set aside a conviction upon a showing that the circumstances and behavior of the applicant from the date of the conviction to the filing of the application warrant the set aside and that setting aside the conviction is consistent with the public welfare. The nature of an offense does not alone preclude the setting aside of an offender's record and will not justify denial of a petition to set aside a conviction. Rather, the circumstances and behavior of the applicant must be weighed against the public welfare.

A person who is convicted of not more than one offense may file an application to seal a criminal record with the convicting court for the entry of an order setting aside the conviction. A person may have only one conviction expunged. Thus, a person convicted of only one offense may obtain expungement, but a person convicted of more than one offense may not obtain expungement. Multiple offenses which disqualify a person from expungement include any convictions, whether misdemeanor charge or felony.

Generally, a person who is convicted of not more than one offense may apply to seal their criminal record with the convicting court for the entry of an order setting aside the conviction. However, a court may not set aside a conviction for a felony for which the maximum penalty is life in prison or a conviction for a traffic offense.

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