Common Questions and Answers About Clearing Your Criminal Record

My case was dismissed, is it automatically off my record?

No. Despite the charges being dropped due to a witness not showing up to court or the prosecutors unwillingness to pursue the charges any further the arrest itself (including what you were charged with) is still public record and is stored in an electronic database at the courthouse and you have a court file that is still accessible.

I was told that I was put on supervision and once the period of supervision was over my case would go away/be dismissed, do I still have to expunge it?

If you would like to have your criminal record completely cleared yes, you have to personally or with the help of an expungement lawyer file for expungement in order for your record to be completely cleared.

How do I know if my case is expungeable?

The statute pertaining to expungement has changed numerous times over the past few years. What may not have been expungeable only a few years ago may now be. You may also be able to clear your record sooner than you originally thought due to recent changes in the statute. Generally speaking if you went to trial and were found not guilty, your case was dismissed before trial or you received supervision for a misdemeanor offense your case should qualify for expungement. The only caveat being that if you have a conviction for any misdemeanor or felony, then you are ineligible for expungement but may still be able to seal your record.

Can I expunge my DUI case?

If you pled guilty to DUI and received a supervision or conviction then you cannot expunge it.

What types of criminal matters are not expungeable?

DUIs and sexual offenses against a minor are not expungeable. Generally speaking most felony matters are not expungeable if you received anything other than TASC, 710 or 1410 probation.

I received special drug probation/410 probation, when can I expunge my record?

You must wait five years from the date your 410 probation ended. When you file for an expungment you will also need to submit a drug test result showing that you are currently clean.

After my expungement is granted will people still be able to look up my information online?

Unfortunately yes, an expungement can only go so far and it does not require online background check agencies to purge their records. However, once a matter is expunged, most employers will not be able to use that information against you nor even inquire about it.