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| Mississippi | Mississippi | Mississippi | Mississippi | Mississippi | Mississippi | Montana | Montana | Montana | Montana | Montana | Montana | Montana | Montana | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | |
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| Clearance policy overview | 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 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 certain gang-related felonies committed before age 18 can be expunged by the court two years after conviction or upon completion of probation, so long as the person has no other felony or misdemeanor conviction, other than a traffic violation. N.C. Gen. Stat. § 15A-145.1(a). | Records relating to a conviction for prostitution can be expunged by the court three years after sentence completion, so long as the petition has no prior violent convictions, prior prostitution convictions, and violent felony or violent misdemeanor convictions. N.C. Gen. Stat. §15A-145.6. | Records relating to misdemeanor offenses committed before age 18 can be expunged by the court two years after a conviction or completion of any period of probation, whichever occurs later, so long as the petitioner has no other felony or misdemeanor conviction, other than a traffic violation. N.C. Gen. Stat. § 15A-145(a). | Records relating to an alcohol possession misdemeanor committed before age 21 may be expunged by the court two years after sentence completion, so long as the person has no other felony or misdemeanor conviction other than a traffic violation and it is a first conviction. N.C. Gen. Stat. § 15A-145. | Records relating to certain first offense misdemeanor and felony controlled substance offenses committed when the person was not over 21 can be expunged by the court one year after conviction, so long as the person has no prior felony or misdemeanor conviction, other than a traffic violation. N.C. Gen. Stat. § 15A-145.2(c). | Records relating to first offense of controlled substances, misdemeanor convictions, or possession of drug paraphernalia conviction committed before age 21 may be expunged one year after conviction, so long as the person has no other felony or misdemeanor conviction other than a traffic violation and has completed a drug education program. N.C. Gen. Stat. § 15A-145.3(c). |
| Ineligible Category or Citation | 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. | 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. | This provision applies only to Class H felony offenses under Article 13A of Chapter 14 or an enhanced offense under section 14-50.22. N.C. Gen. Stat. § 15A-145.1(a). | This provision only applies only to prostitution convictions specified in 15A-145.6(a)(1). | This provision applies to misdemeanors, other than traffic violations, that occur before the person turned 18. | This provision applies only to first-offense possession of alcohol misdemeanor convictions under Section 8B-302(b)(1) committed before the person turned 21. | This provision applies only to first-offender convictions under Article 5 of Chapter 90 of the General Statutes of possessing a controlled substance included within Schedules I through VI of Chapter 90, possession of drug paraphernalia as prohibited by section 90-113.22, and felonies under section 90-95(a)(3). N.C. Gen. Stat. § 15A-145.2(c). | This provision applies only to offenses specified in N.C. Gen. Stat. section 15A-145.3(c). |
| Clearance Process | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | 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. | 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. | The petition can be filed two years after date of conviction or completion of any period of probation, whichever is later. | The petition can be filed three years after the date of conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever is later. | The petition can be filed two years after the date of conviction or completion of any period of probation, whichever is later. | The petition can be filed two years after the date of conviction or completion of any period of probation, whichever is later. | The petition can be filed 12 months after the conviction. | The petition can be filed not sooner than 12 months after the conviction. |
| 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. | No fees can be charged by the court. Mont. Code Ann. § 46-24-219(4). | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.1(d). | There is no statutory language regarding fees. | The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. § 15A-145(e). | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145(e). | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.2(d). | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.3(d). |
| Effect | 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). | 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 such person be restored to the status occupied by the petitioner before such arrest or indictment or information, and that the record be expunged from the records of the court. N.C. Gen. Stat. § 15A-145.1(b). | The person need not disclose the arrest or court proceedings, except in the circumstances specified in section N.C. Gen. Stat. §15A-145.6(g1). | The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-145.1(b). | No person as to whom such order has been entered shall be held thereafter under any provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such arrest, or indictment, information, or trial, or response to any inquiry made of him for any purpose. N.C. Gen. Stat. §15A-145(b1). | If the court grants the petition, the conviction is canceled and the records of arrest and court proceedings are expunged. The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-145.2(c). | A conviction in which the judgment of conviction has been cancelled and the records expunged pursuant to this subsection shall not be thereafter deemed a conviction for purposes of this subsection or for purposes of disqualifications or liabilities imposed by law upon conviction of a crime, except as provided in G.S. 15A-151.5.Cancellation and expunction under this subsection may occur only once with respect to any person. N.C. Gen. Stat. § 15A-145.3(c). |
| Remedy | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Return and Expunge | Expunge | Expunge | Shield | Expunge | Shield | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge |
