It does not matter whether your case was a misdemeanor or a felony.
For most offenses, if you have been convicted found guilty , the records about that charge cannot be expunged. There are exceptions. Learn more about which records can be expunged and which cannot. If you were charged with more than one offense based on the same incident, transaction, or set of facts, you can only have records from that case expunged if ALL of the charges from that incident are eligible for expungement. For example, a person might be charged with three separate offenses based on the same incident.
The person might be convicted of one of the three charges, and have the other two charges dropped. If the conviction is not expungeable, the person will not be able to expunge the records from the two charges that were dropped either. The only exception to the Unit Rule is for minor traffic violations. No matter what happens with the minor traffic violation, even if you are convicted of it, it will not affect your ability to get the other related records expunged. If you were arrested before October 1, , you may wish to contact the local arresting police department and ask them to clear the record.
If it has been less than three years from the time your case was concluded, you will also need to file a General Waiver and Release. This filing fee is not refundable. Learn more about how to file a petition for expungement. If you were found guilty of a crime that is no longer a crime, you may request an expungement immediately.
You must wait to expunge a case until every charge in that case is expungable. In all above cases, however, a court may grant a petition for expungement at any time if the court feels you have shown good cause. If you file for expungement before the waiting period has elapsed, the State's Attorney may file an objection.
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