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RIGHT TO EXPUNCTION   

If you have been arrested for a felony or misdemeanor you are entitled to have all records relating to the arrest expunged if:

 

(1)               you have a jury or non-jury trial for the offense, and you are acquitted by the trial court (found not guilty at trial); or

 

(2)               if the arrest was for a Class C misdemeanor and the case was never filed you may be entitled to an expunction after six months; or

 

(3)               the arrest was for a Class A or B misdemeanor and the case was never filed you may be entitled to an expunction after one year; or

 

(4)               the arrest was for a Felony and the case was never filed you may be entitled to an expunction after three years; or

 

(5)               the case was filed and then dismissed or quashed because you completed a pre-trial intervention program; or

 

(6)               the case was filed and then dismissed or quashed because the case was filed based by mistake, false information or other similar reason indicating absence of probable cause; or

 

(7)               the case against you has been dismissed, you have not been placed on probation and the statute of limitation has expired; or

 

(8)               you have received deferred disposition for a Class C misdemeanor and the case has been dismissed. (This does not include alcohol cases for  minors or Class C assault cases involving family violence.)

 

Expunctions can be used for removing information about you that was falsely given by an arrested person who has used your information.  Expunctions may be barred if there are felony charges arising out of the same arrest, or if you intentionally or knowingly absconded from the court’s jurisdiction.  If the statute of limitations has not expired and you are granted an expunction, the State may request that the law enforcement agency and the prosecuting attorney may retain their records about the case if there is reasonable cause to believe that the State may proceed against the person for the offense.