Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records relating to Class B or C misdemeanor convictions may be set aside by the court one year after judgment, so long as the individual has not been arrested or convicted of anything other than motor vehicle violations during that time. Or. Rev. Stat. § 137.225(1)(a),(b), (7)(b)(D).	Records relating to records of arrest, citation, or charges which are pardoned by the governor may be sealed by the court. ORS § 144.653.	Records relating to an offense of driving while under the influence of intoxicants or operating a vehicle while having a blood alcohol content above that jurisdiction's permissible blood alcohol content are eligible for diversion within 30 days after the date of the defendant's first appearance on the summons and have their convictions be dismissed with prejudice upon successful completion of a diversion agreement. ORS § 813.200, ORS § 813.210, ORS § 813.215.	Records of arrest can be set aside and sealed if no charges are filed at any time after 60 days from the date the prosecuting attorney indicates that the state has elected not to proceed with a prosecution or contempt proceeding. Or. Rev. Stat. § 137.225(1)(c).	Records of arrest can be set aside and sealed at any time after the dismissal of the charge or acquittal. Or. Rev. Stat. § 137.225(1)(d).	Records of a case in which a person is found guilty except for insanity on charges that could be set aside under Or. Rev. Stat. § 137.225, can be set aside and sealed between one to seven years depending on the offense. Or. Rev. Stat. § 137.223(2).	Records relating to arrests and charges are extracted from police department files when three years have passed since an arrest without conviction and there are no pending proceedings. 18 Pa. Cons. Stat. § 9121(b)(2)(i).	Records relating to a conviction can be expunged for a person at least 70 years of age with no arrests or charges in the 10 years following the completion of their sentence. 18 Pa. Cons. Stat. § 9122(b)(1).	Records relating to an underage alcohol conviction for a person over the age of 18 can be expunged when the person reaches 21. 18 Pa. Cons. Stat. § 9122(a)(3).	Access to records relating to certain misdemeanor convictions can be limited by the court ten years after the date of conviction, so long as the person has no subsequent felony or misdemeanor conviction. 18 Pa. Cons. Stat. § 9122.1. See section section 9122.1(b) for ineligible offenses. 18 Pa. Cons. Stat. § 9122.1.	Records relating to a summary offense can be expunged five years after conviction, so long as the person has no arrests or charges in that time. 18 Pa. Cons. Stat. § 9122(b)(3), Pa. R. Crim. P. 490.	Records relating to certain offenses can be vacated by the court if the petitioner committed the offense as a direct result of being a victim of human trafficking. 18 Pa. Cons. Stat. § 3019(d).	Access to records relating to convictions for summary offenses and certain misdemeanors are limited by the court after 10 years. Pa. Cons. Stat. § 9122.2	Records relating to a first controlled substance offense are expunged upon dismissal following probation without verdict. 35 P.S. §§ 780-117, 780-119.	Records of a first-time offense can be expunged upon the dismissal following an accelerated rehabilitative disposition (ARD). 18 Pa. Cons. Stat. § 9122, Pa. R. Crim. P. 320.	Records relating to an arrest are expunged if no charges are filed within 18 months. 18 Pa. Cons. Stat. § 9122(a)(1).	Records relating to arrests and charges resolved without conviction can be expunged immediately. 18 Pa. Cons. Stat. § 9122(a)(2), Pa. R. Crim. P. 790.	Access to records of charges for which the disposition was not a conviction are limited by the court without a waiting period. Pa. Cons. Stat. § 9122.2.	Records relating to a misdemeanor conviction can be eliminated from the Criminal Record Certificate six months after sentence completion, so long as the person has not committed another crime and has a good reputation in the community. P.R. Laws Ann. tit. 34, § 1725a.	Records relating to a felony conviction can be eliminated from the Criminal Record Certificate five years after sentence completion, so long as the person has not committed another crime, has a good reputation in the community, and has given a DNA sample, if required. P.R. Laws Ann. tit. 34, § 1725a.
Ineligible Category or Citation	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	See ORS § 813.215 (b)-(e) for ineligible offenses.	Only Or. Rev. Stat. § 137.225 (5) - (8) is eligible.	See subsections (5), (6), (7), and (8) of this section for ineligible offenses. Or. Rev. Stat. § 137.255.		There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	This statute applies only to violations of section 6308 of title 18 which occurred on or after the person turned 18 years old. 18 Pa. Cons. Stat. § 9122.	See section section 9122.1(b) for ineligible offenses. 18 Pa. Cons. Stat. § 9122.1.	There is no statutory language regarding ineligible offenses.	This provision applies only to certain convictions, including offenses for simple possession of a controlled substance. 18 Pa. Cons. Stat. § 3019(d)(1).	See Pa. Con. Stat. § 9122.3.	See 35 P.S. section 780-117(1) for offenses ineligible for probation without verdict.	Offenses listed in section 9122(b.1) of title 18 where the victim was less than 18 years of age.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language on ineligibility.	There is no statutory language regarding ineligible offenses.	The records of a person with a qualifying offense for the Register of Persons Convicted for Violent Sexual Crimes and Abuse of Minors or the Register of Persons Convicted for Corruption cannot be expunged. P.R. Laws Ann. tit. 34, § 1725a.
Clearance Process	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Automatic	Automatic	Automatic	Petition-based	Automatic	Petition-based	Petition-based
Waiting Periods	There is a 1-year waiting period.	There is no waiting period.	There is no waiting period.	There is a 60 day waiting period.	The petition can be filed any time after the dismissal or acquittal, if the petitioner has no arrests in the preceding three years excluding minor vehicle violations, and no convictions in the past 10 years, excluding minor vehicle violations.	Depending on the offense, the petition may be filed one to seven years after the date of judgment.	The information is removed three years after arrest.	The petition may be filed once petition reaches age 70 and 10 years have passed since sentence completion.	The petition can be filed once petitioner reaches the age of 21.	The petition can be filed 10 years after the date of conviction.	The petition can be filed five years after the date of conviction.	There is no statutory language regarding a waiting period.	Access will be limited 10 years after conviction in the case of a summary offense, and 10 years after the person's last criminal conviction in the case of a misdemeanor, provided that all financial obligations of the sentence are complete.	The record is destroyed upon dismissal following probation without verdict.	The record is expunged upon the dismissal following an accelerated rehabilitative disposition, unless the prosecutor presents compelling reasons why the record should be retained.	The information is expunged 18 months after the arrest.	The petition can be filed at any time.	There is no waiting period.	The petition can be filed six months after sentence completion.	The petition can be filed five years after the sentence is completed.
Fees	The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. The prosecuting attorney may not charge the person a fee for performing the requirements described in this section. ORS § 137.225 (2)(d)-(e).	There is no statutory language regarding fees.	The filing fee paid by a defendant at the time of filing a petition for a driving while under the influence of intoxicants diversion agreement as provided in ORS 813.210 is $490. ORS § 813.240.	The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. The prosecuting attorney may not charge the person a fee for performing the requirements described in this section. ORS § 137.225 (2)(d)-(e).	The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. The prosecuting attorney may not charge the person a fee for performing the requirements described in this section. ORS § 137.225 (2)(d)-(e).	The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. The prosecuting attorney may not charge the person a fee for performing the requirements described in this section. ORS § 137.223 (3)(c)-(d).	There is no statutory language regarding fees.	A $132 fee must be paid to the clerk of courts. 42 Pa. Cons. Stat. § 1725.7.	A $132 fee must be paid to the clerk of courts. 42 Pa.C.S. § 1725.7.	A $132 fee will be paid to the clerk of courts. 42 Pa. Cons. Stat. § 1725.7.	A $132 fee must be paid to the clerk of courts. 42 Pa.C.S. § 1725.7.	There is no statutory language regarding fees.	There are no fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	A $132 fee must be paid to the clerk of courts. 42 Pa. Cons. Stat. § 1725.7.	There are no fees.	A $20 internal revenue stamp is required. P.R. Laws Ann. tit. 34, § 1725a.	There is no statutory language regarding fees.
Effect	The conviction is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(4).	The presiding judge shall issue an order sealing the record of conviction and other official records in the case, including the records of arrest, citation or charge. The clerk of the court shall forward a certified copy of the order to such agencies as directed by the court. ORS § 144.653, ORS § 144.655.	The completion of the diversion agreement dismisses the charges with prejudice. ORS § 813.250.	The arrest is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(4)	The arrest is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(4).	The person is deemed not to have been found guilty except for insanity, and the court issues an order sealing the records of the case, including the records of arrest. Or. Rev. Stat. § 137.223(5)(a)(A).	The person's non-conviction information in police department records is not disclosed to the public. 18 Pa. Cons. Stat. § 9121(b)(2)(i).	Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa. Cons. Stat. §§ 9102, 9122(c).	Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa.C.S. §§ 9102, 9122(c).	The person's record can only be disseminated to a criminal justice agency or government agency specified in section 9121(b.1) and (b.2). 18 Pa. Cons. Stat. § 9122.1.	Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa. Cons. Stat. §§ 9102, 9122(c).	The conviction is vacated and the court strikes the adjudication of guilt and orders the expungement of the criminal proceedings. 18 Pa. Cons. Stat. § 3019(g).	The person's record may only be disseminated to a criminal justice or government agency specified in 18 Pa.C.S. section 9121(b.1) and (b.2). 18 Pa.C.S. § 9122.1.	Records are destroyed. No person is permitted to learn of an expunged arrest or prosecution. 35 P.S. § 780-119.	Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa. Cons. Stat. §§ 9102, 9122(c).	Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa. Cons. Stat. §§ 9102, 9122(c).	Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa. Cons. Stat. §§ 9102, 9122(c).	The person's record may only be disseminated to a criminal justice or government agency specified in 18 Pa.C.S. section 9121(b.1) and (b.2). 18 Pa.C.S. § 9122.1.	There is no statutory language regarding fees.	There is no statutory language regarding the effect of expungement.
Remedy	Set Aside	Seal	Dismiss	Set Aside	Set Aside	Seal	Delete	Expunge	Expunge	Seal	Expunge	Vacate	Seal	Expunge	Expunge	Expunge	Expunge	Seal	Delete	Delete

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.