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| Mississippi | Mississippi | Mississippi | Mississippi | Mississippi | Mississippi | Mississippi | Montana | Montana | Montana | Montana | Montana | Montana | Montana | Montana | Montana | Montana | Montana | Montana | North Carolina | |
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| Clearance policy overview | Records of a case with a noncriminal disposition following the successful completion of a pretrial intervention program can be expunged by the court. Miss. Code Ann. § 99-15-123. | Records of a case dismissed following the successful completion of a drug court program will be expunged. However, no expungement of any implied consent violation is allowed. Miss. Code Ann. § 9-23-23. | Records of a case for which a person successfully fulfilled a mental health court order and other requirements of probation or suspension of sentence are expunged by the court. Miss. Code Ann. § 9-27-19. | Records of an arrest and conviction naming an identity theft victim as the perpetrator of a crime can be expunged by the court. Miss. Code Ann. § 97-45-27. | Records relating to a misdemeanor offense for which no charges were filed, or the charge did not result in prosecution, can be expunged by the court 12 months after the arrest or citation. Miss. Code Ann. §§ 99-15-59, 99-19-71(4). | Records relating to any charge can be expunged by the court upon dismissal, acquittal, or a finding of not guilty at trial. Miss. Code Ann. § 99-19-71(4). | Records of a case where the charges are dropped or dismissed, there is no disposition, or the person is found not guilty at trial will be expunged by the municipal court judge. Miss. Code Ann. § 21-23-7(13). | Photographs and fingerprints taken at arrest or summons must be returned to the person if no charges are filed, no conviction is obtained, or the conviction is invalidated. Mont. Code Ann. § 44-5-202. | Records of a juvenile adjudication must be physically sealed on the youth's 18th birthday, so long as the person is not subject to a disqualifying event. Mont. Code Ann. § 41-5-216(1). | Records of a juvenile adjudication in which the jurisdiction of the court or any agency is extended beyond the youth's 18th birthday must be physically sealed upon the termination of the extended jurisdiction, so long as the person is not subject to a disqualifying event. Mont. Code Ann. § 41-5-216(1). | Informal youth court records for a youth that was involved only in informal proceedings, must be destroyed on the youth's 18th birthday. Mont. Code Ann. § 41-5-216(7)(c). | Informal youth court records for a youth that was involved only in informal proceedings and had been placed on extended supervision, must be destroyed when the extended supervision ends. Mont. Code Ann. § 41-5-216(7)(c). | Records required by the Sexual or Violent Offender Registration Act are expunged upon final reversal of conviction. Mont. Code Ann. § 46-23-510. | Certain records can be expunged by the court after sentence completion, and expungement is presumed when five years has passed or when expungement is needed for military enlistment or promotion. Mont. Code Ann. § 46-18-1107. | Records of a conviction for prostitution, promoting prostitution, or any other nonviolent offense that occurred as a direct result of the petitioner having been a victim of human trafficking will become confidential when the conviction is vacated. Mont. Code Ann. § 46-18-608. | Records of a person with one or more misdemeanor offenses, whether in one court or multiple courts and whether in one case or multiple cases, and who has not had their records expunged under this statute previously, can be expunged. Mont. Code Ann. § 46-18-1104. | Records of a case that was dismissed after a deferred sentence under section 46-18-208 are confidential. Mont. Code Ann. § 46-18-204. | Records of a case handled in drug court can be expunged upon the successful completion of a drug court program. Mont. Code Ann. § 46-1-1104. | Records of a charge or conviction containing the name of an identity theft victim as the perpetrator of a crime can be expunged by the court. Mont. Code Ann. § 46-24-219. | Records relating to any misdemeanor or Class H or I felonies committed prior to December 1, 2019, and while the person was less than 18 years of age, but at least 16 years of age, may be expunged by the court after completion of sentence and restitution. N.C. Gen. Stat. § 15A-145.8A(a). |
| Ineligible Category or Citation | See section 99-15-107 for eligibility criteria for pretrial intervention. | See section 9-23-15 for requirements for participation in drug courts. | See Miss. Code Ann. § 9-27-11(1) for the requirements for participation in a mental health court. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | The following cannot be sealed: (1) youth traffic records, (2) records in any case in which the youth did not fulfill all requirements of the court's judgment or disposition, and (3) information pertaining to a youth that was required to register as a sexual offender. For a complete list of records excluded from sealing, see Mont. Code Ann. § 41-5-216(4). | Youth traffic records, records in any case in which the youth did not fulfill all requirements of the court's judgment or disposition, and information pertaining to a youth that was required to register as a sexual offender are ineligible for sealing. For a complete list of records excluded from sealing, see Mont. Code Ann. § 41-5-216(4) | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language on ineligible offenses, but see offenses (partner or family member assault, stalking sexual assault, a violation of a protective order, or driving under the influence of alcohol or drugs) for which expungement may not be presumed. Mont. Code Ann. § 46-18-1108. | This section applies only to prostitution, promoting prostitution, and other nonviolent offenses. Mont. Code Ann. § 46-18-608(1). | Those who have previously had a record expunged under 46-18-1104 are ineligible. Mont. Code Ann. § 46-18-1104(a). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | Ineligible offenses include Chapter 20 of the General Statutes, including any offense involving impaired driving as defined in G.S. 20-4.01(24a) or (ii) an offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register. N.C. Gen. Stat. § 15A-145.8A. |
| Clearance Process | Petition-based | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | Automatic | Automatic | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Petition-based |
| Waiting Periods | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no waiting period. | There is no statutory language regarding a waiting period. | The petition can be filed 12 months after the arrest or citation. | There is no waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | The record will be sealed on the youth's 18th birthday. Mont. Code Ann. § 41-5-216(1). | The record will be sealed upon termination of extended jurisdiction. Mont. Code Ann. § 41-5-216(1). | The record will be destroyed on the youth's 18th birthday. Mont. Code Ann. § 41-5-216(1). | The record will be destroyed when the extended supervision ends. Mont. Code Ann. § 41-5-216(7)(c). | There is no statutory language regarding a waiting period. | A petition can be filed after sentence completion. | The petition must be filed within a reasonable time after the person ceased to be involved in human trafficking or sought services for human trafficking victims, subject to reasonable safety concerns. Mont. Code Ann. § 46-18-608(2)(a). | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no waiting period. |
| Fees | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language on fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding a fee. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | No fees can be charged by the court. Mont. Code Ann. § 46-24-219(4). | The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. § 15A-145.8A(g) |
| Effect | The record is expunged. Miss. Code Ann. § 99-15-123(3). | The record is expunged. Miss. Code Ann. § 9-23-23. | The record of the criminal conviction is expunged. Miss. Code Ann. § 9-27-19. | There is no statutory language regarding the effect of expungement. | The person is restored, in the contemplation of the law, to pre-arrest status, with certain exceptions. An employer can ask a prospective employee if they have had a record expunged. Miss. Code Ann. § 99-19-71(3). | The person is restored, in the contemplation of the law, to pre-arrest status, with certain exceptions. An employer can ask a prospective employee if they have had a record expunged. Miss. Code Ann. § 99-19-71(3). | The record is expunged. Miss. Code Ann. § 21-23-7(13). | Photographs and fingerprints taken of the individual must be returned by the state repository to the originating agency, which shall expunge all copies. A criminal justice agency may not maintain any copies of the individual's fingerprints or photographs related to that charge or invalidated conviction.Mont. Code Ann. § 44-5-202(8). | Formal and informal youth court records, law enforcement records, and department records are subject to sealing. Mont. Code Ann. § 41-5-216(1). A sealed record must be made unavailable for access by any person unless upon court order. Mont. Code Ann. § 41-5-220. | Formal and informal youth court records, law enforcement records, and department records are subject to sealing. Mont. Code Ann. § 41-5-216(1). A sealed record must be made unavailable for access by any person unless upon court order. Mont. Code Ann. § 41-5-220. | Informal youth court records that are in hard-copy form must be destroyed, and any electronic records in the youth court management information system must disassociate the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-216(7)(c). A destroyed record must be rendered inaccessible and unrecoverable and disposed of in a manner in which confidentiality is protected, which can include disassociating the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-220. | Informal youth court records that are in hard-copy form must be destroyed, and any electronic records in the youth court management information system must disassociate the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-216(7)(c). A destroyed record must be rendered inaccessible and unrecoverable and disposed of in a manner in which confidentiality is protected, which can include disassociating the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-220. | Records kept by a court, law enforcement agency, or other state or local government agency as required by the Sexual or Violent Offender Registration Act are expunged. Mont. Code Ann. § 46-23-510. See Mont. Code Ann. § 46-23-501 et seq. | Upon receipt of an expungement order, the department of justice shall, within existing department resources, expunge all records of arrest, investigation, detention, and court proceedings relating to the person's offenses addressed by the order. Mont. Code Ann. § 46-18-1110. | All records and data relating to the charge are confidential criminal justice information, and public access to the information can be obtained only by district court order for good cause. Mont. Code Ann. §§ 46-18-608, 44-5-103. | Upon receipt of an expungement order, the department of justice shall, within existing department resources, expunge all records of arrest, investigation, detention, and court proceedings relating to the person's offenses addressed by the order. Mont. Code Ann. § 46-18-1104. | All records and data relating to the charge are confidential criminal justice information, and public access to the information can be obtained only by district court order for good cause. Mont. Code Ann. §§ 46-18-204, 44-5-103. | The case records are expunged. Mont. Code Ann. § 46-1-1104(4). | The state's Department of Justice expunges pertinent records. Mont. Code Ann. § 46-24-219. | The court shall order that the person be restored to the status the person occupied before such arrest or indictment or information, and that the record be expunged from the records of the court. A person convicted of multiple offenses shall be eligible to have those convictions expunged pursuant to this section. N.C. Gen. Stat. § 15A-145.8A(d). |
| Remedy | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Return and Expunge | Seal | Seal | Delete | Delete | Expunge | Expunge | Shield | Expunge | Shield | Expunge | Expunge | Expunge |
