Requirements to apply for certificate of eligibility to expunge records of arrest, investigation, and detention.

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  • (1) at least 30 days have passed since the day of the arrest for which a certificate of eligibility is sought;
  • (2) there are no criminal proceedings pending against the individual; and
  • (3) one of the following occurs:
    • (a) charges are screened by the investigating law enforcement agency and the prosecutor makes a final determination that no charges will be filed in the case;
    • (b) the entire case is dismissed with prejudice;
    • (c) the entire case is dismissed without prejudice or without condition and:
      • (i) the prosecutor consents in writing to the issuance of a certificate of eligibility; or
      • (ii) at least 180 days have passed since the day on which the case is dismissed;
    • (d) the individual is acquitted at trial on all of the charges contained in the case; or
    • (e) the statute of limitations expires on all of the charges contained in the case.




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