Expungement of criminal records—when expungement required

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  • (a) The records of an arrest, a criminal complaint or an information that does not result in a conviction must be expunged upon Petition to the Court:

    • (1) Where the case has been dismissed without prejudice and the statute of limitation has expired.

    • (2) Where the case has been tried and there was an acquittal.

    • (3) Where there is a statement of Nolle Prosequi, and the People have not filed an information or complaint and the statute of limitation has expired.

  • (b) The records of an arrest, a complaint or an information that does not result in a conviction may be expunged by petition to the court except:

    • (1) Where a person flees the jurisdiction to avoid prosecution; or

    • (2) Where a person has a subsequent arrest, unless there are extraordinary circumstances to which the court finds expungement in the best interest of public policy.


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