1
Select group*
*Required fields
Jurisdiction
2
Select filters
Record Type
3
Select states and territories to compare
From those matching filter criteria
From those matching filter criteria
4
Review policy summaries across selected States
- Group: Adult
- (-) Adult
645 resultsUse filters above to refine your results.
| Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Minnesota | Minnesota | Minnesota | Minnesota | Minnesota | Minnesota | Minnesota | Missouri | Missouri | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Clearance policy overview | Records relating to a felony conviction may be set aside after ten years and the conviction or convictions are otherwise eligible to be set aside under MCLS § 780.621. MCLS § 780.621g(2). | A person convicted of one or more misdemeanor marijuana offenses may apply to set aside the convictions. MCLS § 780.621e(1). | Records relating to a first-time controlled substance case may be dismissed after the successful completion of probation. Mich. Comp. Laws § 333.7411(1), (3). | Records relating to a first-time domestic violence case dismissed after the successful completion of probation become nonpublic. Mich. Comp. Laws § § 769.4a(1), (5). | Records relating to a first-time underage drinking case that is dismissed upon the successful completion of probation become nonpublic. Mich. Comp. Laws § 436.1703(1), (3). | Records regarding a first-time kidnapping-by-parent case that is dismissed after the successful completion of probation becomes nonpublic. Mich. Comp. Laws § 750.350a(4). | Records regarding a first-time case against a health care provider practicing under the influence that is dismissed after the successful completion of probation become nonpublic. Mich. Comp. Laws § 750.430(9). | Records relating to a case dismissed after the successful completion of a drug court treatment program become nonpublic. Mich. Comp. Laws § 600.1076. | Records of biometric data taken at arrest will be immediately destroyed if the person arrested is released without charges. Mich. Comp. Laws § 28.243(7). | Records of biometric data taken at arrest from a person with no prior felony conviction will be destroyed upon a finding of not guilty or nolle prosequi. The records of biometric data can be destroyed upon such finding for a person with a prior conviction. Mich. Comp. Laws § § 28.243(8), (10). | Arrest records, all biometric data, and fingerprints are expunged, or destroyed, or both, when charges are dismissed before trial, unless the judge or prosecutor objects within 60 days. Mich. Comp. Laws § 28.243(8). | Identification data of a person will be destroyed when charges are dismissed before a determination of probable cause, or when no charges are filed and no indictment is returned, if the person has not been convicted of a felony or gross misdemeanor in the past 10 years. Minn. Stat. § 299C.11(b). | Records of the arrest and prosecution can be sealed by the court upon a resolution favorable to the defendant. Minn. Stat. §§ 299C.11(c), 609A.02(3)(a)(1). | Records of an arrest and prosecution relating to a misdemeanor or petty misdemeanor can be sealed by the court two years after sentence completion. Minn. Stat. § 609A.02(3)(a)(3). | Records of arrest and prosecution relating to a gross misdemeanor can be sealed by the court four years after sentence completion. Minn. Stat. § 609A.02(3)(a)(4). | Records of arrest and prosecution relating to a specified felony offense can be sealed by the court five years after sentence completion. Minn. Stat. § 609A.02(3)(a)(5). | Records of an arrest and prosecution can be sealed by the court one year after the successful completion of a diversion program or stay of adjudication. Minn. Stat. § 609A.02(3)(a)(2). | Records of arrest and prosecution for a first-time drug offense can be sealed by the court upon dismissal for successful completion of deferred prosecution. Minn. Stat. § 609A.02(1). | Records of an arrest that was based on false information, lacked probable cause, and did not lead to charges or a suspended sentence can be expunged for a person without a misdemeanor or felony conviction. Mo. Rev. Stat. § 610.122(1). | Records of arrest for a misdemeanor motor vehicle offense under chapter 303 or any moving violation, except intoxication-related traffic offenses, can be expunged if the charge was nolle prossed, dismissed, or resulted in a finding of not guilty, so long as the person was not a commercial driver's license holder operating a commercial motor vehicle at the time of the arrest and has no misdemeanor or felony convictions. Mo. Rev. Stat. § 610.122(2). |
| Ineligible Category or Citation | See exclusions in MCLS § 780.621g(7),(10). | There is no statutory language regarding ineligible offenses. | This provision applies only to controlled substance offenses specified in section 333.7411. | This statute applies only to domestic violence offenses specified in section 769.4a. | This provision applies only to underage alcohol offenses specified in section 436.1703(1). | This provision applies only to kidnapping-by-parent offenses specified in Mich. Comp. Laws § 750.350a. | This provision applies only to offenses specified in Mich. Comp. Laws § 750.430 (health care provider practicing under the influence). | See exclusions in Mich. Comp. Laws § 600.1076(4). | There is no statutory language regarding ineligible offenses. | See subsection (14) for offenses ineligible for destruction. Mich. Comp. Laws § § 28.243(14). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | See Min. Stat. § 609A.02(4) for ineligible offenses. | See sections 609A.02(3)(c) and (4) for offenses ineligible for expungement. | This section only applies to those felonies listed in 609A.02(3)(a)(5)(b) for offenses ineligible for expungement. See section 609A.02(4) for offenses ineligible for expungement. | See Minn. Stat. § 609A.02(4) for offenses ineligible for expungement. | This statute applies only to controlled substance offenses specified in Minn. Stat. § 609A.02(1). | There is no statutory language regarding ineligible offenses. | This provision applies only to misdemeanor moving violations that do not involve intoxication. R.S.Mo. § 610.122(1)(2). |
| Clearance Process | Automatic | Petition-based | Automatic | Automatic | Automatic | Automatic | Automatic | Automatic | Automatic | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | The waiting period is 10 years since the imposition of the sentence for the conviction, or completion of any term of imprisonment with the department of corrections for the conviction, whichever occurs later. MCLS § 780.621g(2). | There is no waiting period. | The record becomes nonpublic upon dismissal of the charge. | The record becomes nonpublic upon dismissal of the charge. | The record becomes nonpublic upon dismissal of the charge. | The record becomes nonpublic upon dismissal of the charge. | The record becomes nonpublic upon dismissal of the charge. | The record becomes nonpublic upon dismissal of the charge. | The information is immediately destroyed if the person is released without charges. | The record is destroyed upon a finding of not guilty or nolle prosequi. | There is no waiting period. | The record is destroyed upon dismissal of the charges before a determination of probable cause, or when no charges are filed and no indictment is returned. | The record can be sealed upon a resolution favorable to the defendant. | The petition can be filed two years after sentence completion. | The petition can be filed four years after sentence completion. | The petition can be filed five years after sentence completion. | The petition can be filed one year after the successful completion of a diversion program or stay of adjudication. | 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. |
| 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. | There is no statutory language on fees. | There is no statutory language regarding fees. | There are no fees. | The current filing fee is $285 under section 357.021(2)(1), and can be waived if petitioner is indigent. Minn. Stat. § 609A.03(1). | The current filing fee is $285 under section 357.021(2)(1), and can be waived if petitioner is indigent. Minn. Stat. § 609A.03(1). | The current filing fee is $285 under section 357.021(2)(1), and can be waived if petitioner is indigent. Minn. Stat. § 609A.03(1). | The current filing fee is $285 under section 357.021(2)(1), and can be waived if petitioner is indigent. Minn. Stat. § 609A.03(1). | The current filing fee is $285.under section 357.021(2)(1), and can be waived if the petitioner is indigent. Minn. Stat. § 609A.03(1). | There is no statutory language regarding fees. | There is no statutory language regarding fees. |
| Effect | Each court shall notify the arresting law enforcement agency of each conviction on or before the tenth day of each month that is set aside for the preceding month. Each law enforcement agency need not retain and shall make nonpublic the notification that the conviction has been set aside, and the record of the arrest, fingerprinting, conviction, and sentence of the person in the case to which the notification applies. MCLS § 780.621g(1). | The arresting agency and the department of the state police shall maintain the nonpublic record created under MCLS § 780.621f(3). MCLS § 780.621f(1). | The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 333.7411(3). | The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 769.4a(7). | The discharge and dismissal is without an adjudication of guilt. The records are nonpublic, but can be disclosed as specified in section 436.1703(3). | The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 750.350a(6). | The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 750.430(9). | The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 600.1076(10). | The biometric data and arrest card are destroyed. Mich. Comp. Laws § 28.243(7). | The biometric data and arrest card are destroyed. Mich. Comp. Laws § 28.243(10). | The arrest record is removed from the internet criminal history access tool (ICHAT); the arrest record, all biometric data, and fingerprints are expunged or destroyed, or both; any entry concerning the charge is removed from LEIN. Mich. Comp. Laws § 28.243(8). | Fingerprints, photographs, and other identification data are destroyed by the Bureau of Criminal Apprehension or the arresting agency. Minn. Stat. § 299C.11. | Disclosure of the records' existence or their opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order. | Disclosure of the records' existence or their opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order. | Disclosure of records' existence or their opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order. | Disclosure of the records' existence or their opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order. | Disclosure of the records' existence or their opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order. | Disclosure of the existence of a record or its opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order. | The records are destroyed or blacked out. Mo. Rev. Stat. § 610.124. Knowingly failing to comply with an expungement order is a class B misdemeanor. Using arrest information from an expunged record for financial gain is a class E felony. Mo. Rev. Stat. § 610.125. | The records are destroyed or blacked out. Mo. Rev. Stat. § 610.124. Knowingly failing to comply with an expungement order is a class B misdemeanor. Using arrest information from an expunged record for financial gain is a class E felony. Mo. Rev. Stat. § 610.125. |
| Remedy | Set Aside | Set Aside | Dismiss | Dismiss | Dismiss | Dismiss | Dismiss | Dismiss | Delete | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge |
