Reasons required, APA enforcement. Exempt licensing entities required to record and report any actions involving convicted individuals to legislature. Ban-the-box for unclassified state service positions no inquiry until after interview or conditional offer made. Protection from negligent hiring liability.
Pardon frequency varies with administration. Non-conviction records generally not publicly available. Juvenile sealing upon petition after a three-year crime-free waiting period. Vote restored upon release from prison, except for convictions of buying or selling votes, which is restored only by pardon; jury eligibility restored by pardon; office eligibility regained when restored to the franchise.
People with non-violent first offenses who are pardoned are eligible for expungement. Pardoning varies with administration, rare under current governor. Expungement authorized in for over enumerated misdemeanor convictions after a toyear waiting period, and is automatic unless prosecutor or victim objects. Expungement confers greater benefits than shielding: expunged records may be opened only by court order and are destroyed after three years.
Arrest records not leading to charges automatically expunged; other non-conviction records expunged upon petition, with no waiting period effective Expungement available after charges transferred to juvenile court; sealing of juvenile records. Licensing board may not deny license or certificate based on a criminal conviction unless conviction directly related to license sought or issuance would involve unreasonable risk to property or safety. DOC must issue Certificate of Rehabilitation to people with nonviolent and non-sexual felony and misdemeanor offenses who have completed conditions of supervision.
Vote restored upon release; jury service restored seven years after completion of sentence or upon release for misdemeanors. Pardons infrequent since ; none granted by Govs. Romney and Patrick. Sex offenses subject to a year waiting period. Pardon automatically seals.
Categories of Prohibited People: State by State
Non-conviction records may be sealed on court order. Upon discharge from commitment, juvenile rights are restored and past commitment cannot be received in evidence. Licensing agencies may not disqualify based solely on conviction in certain specific professions; licensing authorities are prohibited from disqualifying the applicant based on a felony conviction only if the conviction has been pardoned. State-wide ban-the-box for public and private employment and licensing no inquiry into criminal history on initial application ; City of Boston has broader ban-the-box protection.
Vote restored upon release; jury service lost permanently unless conviction is pardoned or expunged; office restoration depends upon the offense. Post-sentence pardons rare in recent years. Set-aside limits public access to the record, but remains available to law enforcement and counts as predicate. Probation before judgment for first-time drug offenses with nonpublic records kept by law enforcement.
Most juvenile diversion records must be destroyed at age 17, and most juvenile adjudication records must be destroyed upon reaching age Employers prohibited from inquiring about non-conviction misdemeanor arrests on employment application. Common law expungement available for most records not eligible for statutory expungement; balancing test applies. Deferred sentencing for certain felony convictions which may be knocked down to misdemeanors following probation does not make them eligible for sealing.
Records of arrest not leading to conviction, convictions that have been expunged, or misdemeanors for which a prison sentence could not be imposed, may not be considered in connection with public employment or licensing decision. State-wide ban-the-box for public and private employment no inquiries until interview or conditional offer made ; protection from negligent hiring liability regarding certain records.
Vote and office restored only by pardon; jury service restored five years after conviction. Pardons infrequent, process irregular.
Effective July 1, , additional felonies made eligible for expungement. Deferred adjudication followed by dismissal for misdemeanors and certain felonies, with expungement mandated upon successful completion. Court may seal juvenile records for certain dispositions after reaching age Non-conviction records and records of those processed through treatment courts also eligible for expungement.
Vote and office restored upon completion of sentence; jury service restored only by pardon. Expungement of non-conviction records subject to same eligibility rules and procedures as convictions, with a 3-year waiting period eff. January 1, Court may seal and destroy juvenile records after person reaches age 17; juvenile driving records may be expunged after two years or upon reaching age Expunged records unavailable to public, with some exceptions. Ban-the-box by executive order in public employment questions relating to criminal history removed from initial employment applications.
Vote restored upon release; jury service and office restored upon completion of sentence. Only one expungement order in a lifetime. Pardon is also grounds for judicial expungement. Deferred sentencing for misdemeanors and first felony offenses, after which charges are dismissed and access to records is limited. Upon request, non-conviction records must be returned to defendant or destroyed.
No law regulates public or private employment. Sealing authorized for pardoned convictions and convictions set aside based on status as victim of human trafficking. Automatic and petition-based sealing for juvenile adjudications and non-conviction records. Court records in cases not resulting in conviction is automatically removed from the public record and available only to law enforcement; waiting periods apply depending on type of record. Court orders sealing of administrative records in cases resulting in acquittal or dismissal.
Upon petition, expungement of arrest records resulting from law enforcement error. Effective applicants for occupational licensure may request preliminary determination. Ban-the-box for public employment no inquiry into criminal history until determined that applicant meets minimum employment qualification.
Office is restored four years after discharge from probation or parole or release from prison. Revision of law in replaced complicated system where term of loss and manner of restoration depended upon seriousness of offense and prior record, required out-of-state and federal offenders to obtain rights restoration where they were convicted. May serve as predicate ex. About 60 grants each year since , about half of those that apply.
Presumption in favor of sealing if eligible.
Sealed conviction may be denied and has no predicate effect. Automatic juvenile sealing for most offenses at age 21, or earlier upon petition after a three-year waiting period. Victims of human trafficking may petition to vacate and seal any non-violent offense committed while they were a victim. Convictions for subsequently decriminalized conduct are presumptively sealed upon written request to the court. In Nevada enacted first general law regulating occupational licensure, providing for preliminary determination whether conviction will disqualify, recommending that agencies publish disqualifying convictions, requiring each licensing agency to submit quarterly reports to the legislature on the number of petitions received, the number of determinations of disqualification, and the reasons for each.
No public hearing; notice to prosecutor. Pardon eliminates all consequences of conviction but does not expunge. Juvenile records sealed upon reaching age In state repository required to restrict access to non-conviction records and annulled conviction records for general employment and licensing purposes.
Inquiry into annulled offenses is limited. Restored by pardon or gubernatorial restoration of rights. No eligibility criteria. No public hearing required.
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Pardon restores rights and makes eligible for expungement. Expungement of most drug offenses upon successful completion of drug court. Juvenile records may be expunged after a five-year waiting period with no subsequent convictions waiting period reduced to three years effective October 1, Deferred adjudication for minor drug offenses and expungement after six-month waiting period; expungement of arrest and other non-conviction records at time of disposition.
Licensing authorities may not discriminate on grounds of conviction unless reasonably related to occupation. Pardon, expungement, or certificate of rehabilitation precludes licensing authorities from discriminating against or disqualifying an applicant. A certificate of rehabilitation issued by sentencing court or supervisory agency is effective to remove bars to public employment, with certain exceptions. Vote and jury eligibility restored upon completion of sentence; office eligibility restored by pardon. Eligibility begins after completion of sentence with current policy requiring longer waiting periods and non-consideration for certain serious offenses.
No public hearing required; victim notified. Restores rights and removes disabilities but does not expunge.