Compare Records Clearance Policies | National Reentry Resource Center

1

Select group*

*Required fields

2

Select filters

3

Select states and territories to compare
From those matching filter criteria

4

Review policy summaries across selected States

Group: Adult, Juvenile
(-) Adult
(-) Juvenile

928 resultsUse filters above to refine your results.

	New Jersey	New Jersey	New Jersey	New Jersey	New Jersey	New Jersey	New Jersey	New Jersey	New Mexico	New Mexico	New Mexico	New Mexico	New Mexico	New Mexico	New Mexico	New Mexico	Nevada	Nevada	Nevada	Nevada
Clearance policy overview	A person who is convicted of one or more crimes, or one or more disorderly persons, or petty disorderly persons offenses, and who is not otherwise eligible to obtain an expungement under any other section of chapter 52 of Title C of the New Jersey Statutes, can have their record expunged. N.J. Stat. § 2C:52-5.3.	Records relating to criminal offenses that were discharged after successful completion of a special probation may be expunged by the court. N.J. Stat. § 2C:35-14(m)(5).	Records relating to criminal offenses that were discharged after successful completion of a special probation may be expunged by the court 10 years after completion of the special probation. N.J. Stat. § 2C:35-14(m)(6).	Records related to an arrest and charge are expunged six months after case dismissal following supervisory treatment, conditional discharge, or conditional dismissal program. N.J. Stat. § 2C:52-6(c).	Records of an arrest that are dismissed following an eligible servicemember's successful participation in a Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), can be expunged at time of dismissal. N.J. Stat. § 2C:52-6(a)(6), (c)(2).	Records of an arrest and conviction containing the name of an identity theft victim as the perpetrator of a crime can be deleted, sealed, labeled, or corrected to remove the name of such victim. N.J. Stat. § 2C:52-32.1.	Records relating to an arrest for which charges were not filed can be expunged upon petition any time following the decision not to charge the person. N.J. Stat. Ann. § 2C:52-4.1(b)(5).	Records related to an arrest and charge not resulting in a conviction are ordered expunged at the time of dismissal, acquittal, or discharge. N.J. Stat. § 2C:52-6.	Records relating to an offense that is no longer a crime pursuant to the provisions of the Cannabis Regulation Act, or that would have resulted in a lesser offense if that act had been in effect at the time of the offense, shall be expunged. N.M. Stat. Ann. § 29-3A-9(a).	Records relating to a conviction of a violation of a municipal ordinance, misdemeanor, or felony, following the completion of the person's sentence and the payment of any fines or fees owed for the conviction, may petition the district court for an order to expunge arrest records and public records related to that conviction after two to ten years. N.M. Stat. Ann. § 29-3A-5(a).	A record relating to a delinquency petition will be sealed and the court will vacate its findings, orders, and judgments. N.M. Stat. Ann. § 32A-2-26(A).	Records relating to a matter where the court determined the child not delinquent will be sealed by the court upon motion by the children's court attorney (prosecutor) at the conclusion of the proceedings. N.M. Stat. Ann. § 32A-2-26(J).	A delinquency adjudication can be vacated, and related records can be expunged, after two years. N.M. Stat. Ann. § 32A-3B-21.	Records relating to non-homicide offenses committed by a victim of human trafficking due to duress, coercion, use of force, threat, or fraud can be sealed by the court. N.M. Stat. Ann. § 30-52-1.2.	Records relating to a case dismissed following the successful completion of probation in a first-time controlled substance charge can be expunged by the court if the petitioner was not over the age of 18 at the time of the offense. N.M. Stat. Ann. § 30-31-28(D).	One year from the date of the final disposition in the case, a person released without conviction for a violation of a municipal ordinance, misdemeanor, felony, penalty assessments under the Criminal Code and the Motor Vehicle Code or violations and deferred sentences under the Motor Vehicle Code, may petition the district court for an order to expunge arrest records and public records related to that case. N.M. Stat. Ann. § 293A-9(a).	Records relating to a convicition for which a person establishes factual innocence are sealed by the court immediately. Nev. Rev. Stat. Ch. 34; Nev. Rev. Stat. § 34.970(7).	Records relating to a child must be sealed when the child reaches 18 years of age. Nev. Rev. Stat. § 62H.140.	Records relating to a sex offense or an unlawful act that would have been a felony if committed by an adult and involved the use or threat of violence can be sealed after the person reaches the age of 30 and is no longer subject to registration and community notification. Nev. Rev. Stat. § 62H.150(6).	Records relating to a child can be sealed if the child is less than 18 years of age, has been rehabilitated to the satisfaction of the juvenile court, and is not subject to a disqualifying event. Nev. Rev. Stat. § 62H.130(1), (4).
Ineligible Category or Citation	See N.J. Stat. § 2C:52-5.3 for ineligible offenses.	Offenses specified in sections 2C:52-2(b) and (c) or who has been convicted of any crime or offense since the date of discharge from special probation are ineligible for expungement. Additionally, no application for expungement shall be considered until any pending charges are disposed. N.J. Stat. § 2C:35-14(m)(5).	Offenses specified in sections 2C:52-2(b) and (c) or who has been convicted of any crime or offense since the date of discharge from special probation are ineligible for expungement. Additionally, no application for expungement shall be considered until any pending charges are disposed. N.J. Stat. § 2C:35-14(m)(6).	The provisions of N.J.S.2C:52-7 through N.J.S.2C:52-14 shall not apply to an expungement pursuant to this subsection. An expungement under this subsection shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. N.J. Stat. § 2C:52-6(a)(2)-(3).	See N.J. Stat. § 2C:52-6(a)(2)-(3) for ineligible offenses.	There is no statutory language regarding ineligible offenses.	Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged. N.J. Stat. § 2C:52-6(d).	See N.J. Stat. § 2C:52-6(a)(2)-(3) for ineligible offenses.	Only an offense that is no longer a crime pursuant to the provisions of the Cannabis Regulation Act, or that would have resulted in a lesser offense if that act had been in effect at the time of the offense, is eligible. N.M. Stat. Ann. § 29-3A-9(a).	The provisions of Subsection A of this section do not apply to an offense committed against a child, an offense that caused great bodily harm or death to another person, a sex offense as defined in Section 29-11A-3 NMSA 1978, embezzlement pursuant to Section 30-16-8 NMSA 1978 or an offense involving driving while under the influence of intoxicating liquor or drugs. N.M. Stat. Ann. § 29-3A-59(G).	A person is not eligible for expungement if he or she has, within the two years immediately prior to filing the motion, been convicted of a felony or of a misdemeanor involving moral turpitude or been found delinquent by a court or has a pending proceeding seeking such a conviction or finding. N.M. Stat. Ann. § 32A-2-26(A)(2).	There is no statutory language regarding ineligible offenses.	There are no ineligible offenses.	A person convicted of homicide is ineligible. N.M. Stat. Ann. § 30-52-1.2(A)(2).	This statute only applies to offenses pursuant to 30-31-23 dismissed following conditional discharge. N.M. Stat. Ann. § 30-31-28(A).	Persons with municipal ordinance, misdemeanor, felony, and certain motor vehicle convictions are ineligible. N.M. Stat. Ann. § 29-3A-4(A).	There is no statutory language on ineligibility.	Sexual offenses are not eligible for sealing under this section. Nev. Rev. Stat. § 62H.110(3). Records relating to a traffic offense that would have been a misdemeanor if committed by an adult are not eligible for sealing. See Nev. Rev. Stat. § 62H.110.	To be eligible for sealing, the person cannot have to be subject to registration and community notification. Nev. Rev. Stat. § 62H.150(5).	To be eligible for sealing, the person cannot have been convicted of a felony or of any misdemeanor involving moral turpitude. Nev. Rev. Stat. § 62H.130(4). Records relating to a traffic offense that would have been a misdemeanor if committed by an adult are not eligible for sealing. Nev. Rev. Stat. § 62H.110.
Clearance Process	Petition-based	Petition-based	Petition-based	By petition or court's own motion	By petition or court's own motion	Petition-based	Petition-based	By petition or court's own motion	Automatic	Petition-based	By petition or court's own motion	Automatic	By petition or court's own motion	Petition-based	Petition-based	Petition-based	Automatic	Automatic	Petition-based	Petition-based
Waiting Periods	There is a 10-year waiting period.	There is no statutory language regarding a waiting period.	The record may be expunged 10 years after completion of special probation. N.J. Stat. § 2C:35-14(m)(6).	The record can be expunged six months after the entry of the order of dismissal.	Any time following the order of dismissal if an expungement was not granted at the time of dismissal. N.J. Stat. § 2C:52-6(c)(2).	There is no statutory language regarding a waiting period.	The petition can be filed at any time.	There is no statutory language regarding a waiting period.	There is no waiting period.	There is a 2- to 10-year waiting period.	The record can be sealed two years after release from custody and supervision or after the entry of any other judgment not involving legal custody and supervision, if the juvenile has reached age 18, or the court finds that good cause exists to seal the records before the person reaches 18. N.M. Stat. Ann. §§ 32A-2-26(A)(1), (3).	Expungement is available immediately. The motion must be made by the children's court attorney (prosecutor) at the conclusion of the proceedings.	The order can be entered two years after judgment or release from custody and supervision. N.M. Stat. Ann. § 32A-3B-21(A).	There is no statutory language regarding a waiting period.	The petition can be filed following the discharge and dismissal.	There is a 1-year waiting period.	There is no waiting period.	The records are sealed automatically when the child reaches age 21.	A petition can be filed once the person reaches age 30. Nev. Rev. Stat. § 62H.150(2).	A petition can be filed three years after the date the child was last adjudicated delinquent or placed under the supervision of the juvenile court. Nev. Rev. Stat. § 62H.130(1)(a).
Fees	All court ordered financial obligations must be paid. N.J. Stat. § 2C:52-5.3(c).	No fee shall be charged to a person eligible for relief pursuant to this paragraph. N.J. Stat. § 2C:35-14(m)(5).	No fee shall be charged to a person eligible for relief pursuant to this paragraph. N.J. Stat. § 2C:35-14(m)(6).	There are no fees. N.J. Stat. § 2C:52-6(a)(2).	No fee is charged.	No statutory language regarding fees.	Payment of fees is not required. N.J. Stat. § 2C:52-29.	No fee is charged. N.J. Stat. § 2C:52-6(a)(2).	No fee or cost of any kind shall be imposed upon a person whose sentence is reviewed pursuant to this section. N.M. Stat. Ann. § 29-3A-9(L).	No statutory language.	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 are no fees.	There are no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.
Effect	Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27.	Superior Court shall consider the person's verified petition and may order the expungement of all records and information relating to all arrests, detentions, convictions, and proceedings of the person that existed at the time of discharge from special probation as appropriate. The court shall grant the relief requested unless it finds that the need for the availability of the records outweighs the desirability of having the person freed from any disabilities associated with their availability, or it finds that the person is otherwise ineligible for expungement. N.J. Stat. § 2C:35-14(m)(5).	The Superior Court shall consider the person's verified petition and may order the expungement of all records and information relating to all arrests, detentions, convictions, and proceedings of the person that existed at the time of discharge from special probation as appropriate. The court shall grant the relief requested unless it finds that the need for the availability of the records outweighs the desirability of having the person freed from any disabilities associated with their availability, or it finds that the person is otherwise ineligible for expungement. N.J. Stat. § 2C:35-14(m)(6).	The court shall forward a copy of the expungement order to the county prosecutor. The county prosecutor shall promptly distribute copies of the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order so that they may comply with the requirements of N.J.S.2C:52-15. N.J. Stat. § 2C:52-6(a)(4). Records are not released or utilized other than for specified purposes. The arrest and proceedings are deemed not to have occurred, and the person can answer accordingly, except in the circumstances specified in section 2C:52-27.	The county prosecutor shall promptly distribute copies of the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order so that they may comply with the requirements of N.J.S.2C:52-15.	The court shall order that the victim's name and associated personal identifying information contained in the records, files, and indexes of relevant courts, law enforcement agencies, correctional institutions, and administrative agencies which are accessible to the public be deleted, sealed, labeled to show that such data is impersonated and does not reflect the defendant's identity, or corrected by inserting in the records the name of the perpetrator, if known or ascertainable, in lieu of the victim's name. See subsection (a)(3).N.J. Stat. § 2C:52-32.1.	Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27.	The county prosecutor shall promptly distribute copies of the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order so that they may comply with the requirements of N.J.S.2C:52-15. N.J. Stat. § 2C:52-6.	The department of public safety shall expunge the public record pertaining to the offense; provided that if the arrest included multiple charges, only the portions of the public records related to the cannabis charge shall be expunged. N.M. Stat. Ann. § 29-3A-9(H).	The court shall cause a copy of the order to be delivered to all relevant law enforcement agencies and courts. The order shall prohibit all relevant law enforcement agencies and courts from releasing copies of such records to any person, except upon order of the court. N.M. Stat. Ann. § 29-3A-59(D).	The records subject to the sealing order include legal and social files, the records of the court, probation services, any other agency in the case, and if requested, law enforcement files and records. N.M. Stat. Ann. § 32A-2-26(A). Upon the entry of the order, the proceedings in the case will be treated as if they never occurred and all index references will be deleted. The court, law enforcement officers and departments, and agencies will reply, and the person can reply, to an inquiry that no record exists with respect to the person. N.M. Stat. Ann. § 32A-2-26(C).	Upon the entry of the sealing order, the proceedings in the case will be treated as if they never occurred and all index references will be deleted. The court, law enforcement officers, departments, and agencies will reply, and the person can reply, to an inquiry that no record exists with respect to the person. N.M. Stat. Ann. § 32A-2-26(C).	Upon the entry of the expungement order, the proceedings in the case shall be treated as if they never occurred, and all index references shall be deleted and the court, law enforcement officers and departments and agencies shall reply, and the individual may reply, to an inquiry that no record exists with respect to such person. N.M. Stat. Ann. § 32A-3B-21(C).	The case is treated as if it never occurred, and all index references are deleted. The court, law enforcement agencies, and the person respond to inquiries that no record exists. N.M. Stat. Ann. § 30-52-1.2.	The person is restored to the status they occupied before the arrest or indictment. It is not perjury or false statement to fail to recite or acknowledge the arrest, indictment, or trial in response to any inquiry made for any purpose. N.M. Stat. Ann. § 30-31-28(D).	The court shall cause a copy of the order to be delivered to all relevant law enforcement agencies and courts. The order shall prohibit all relevant law enforcement agencies and courts from releasing copies of the records to any person, except upon order of the court. N.M. Stat. Ann. § 29-3A-4(f).	All proceedings are deemed never to have occurred and the person may answer accordingly to any inquiry. Nev. Rev. Stat. § 179.285.	The order can seal any records relating to a child who has been taken before a probation officer, a child who appeared before the juvenile court, and the records of a child's arrest. Nev. Rev. Stat. § 62H.100. Upon the records being sealed, all proceedings recounted in the records are deemed never to have occurred and the person can reply accordingly to any inquiry concerning the record. Nev. Rev. Stat. § 62H.170(1).	The order can seal records relating to a child who has been taken before a probation officer, a child who appeared before the juvenile court, and the records of a child's arrest. Nev. Rev. Stat. § 62H.100. Upon the records being sealed, all proceedings recounted in the records are deemed never to have occurred and the person can reply accordingly to any inquiry concerning the record. Nev. Rev. Stat. § 62H.170(1).	The order can seal records relating to a child who has been taken before a probation officer, a child who appeared before the juvenile court, and the records of a child's arrest. Nev. Rev. Stat. § 62H.100. Upon the records being sealed, all proceedings recounted in the records are deemed never to have occurred and the person can reply accordingly to any inquiry concerning the record. Nev. Rev. Stat. § 62H.170(1).
Remedy	Expunge	Expunge	Expunge	Expunge	Expunge	Delete	Expunge	Expunge	Expunge	Expunge	Vacate	Seal	Vacate	Seal	Expunge	Expunge	Seal	Seal	Seal	Seal

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.