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| Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Georgia | Georgia | Georgia | Georgia | Guam | Guam | Hawaii | Hawaii | |
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| Clearance policy overview | Records relating to charges that were dismissed can be sealed upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.059. | Records relating to an arrest or filing of charges for an offense committed while the person was a victim of human trafficking can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0583. | Records relating to dismissed charges can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0585(1)(b). | Records relating to charges dismissed because the person acted in lawful self-defense can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0578. | A criminal history record relating to arrests or law enforcement interaction for alleged offenses for which charges were not filed may be sealed upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.059(1)(c). | The criminal history record relating to an arrest or other law enforcement interaction for which charges were not filed may be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0585. | The criminal history record relating to charges not filed because the person acted in lawful self-defense can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0578. | A record relating to a minor who has successfully completed a diversion program can be expunged upon application to the Florida Department of Law Enforcement, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0582(1). | A criminal history record of a minor can be expunged upon application to the Florida Department of Law Enforcement before the minor reaches 21 years of age. Fla. Stat. § 943.0515(1)(b)(2). | A record of a minor classified as a serious or habitual juvenile offender or committed to a juvenile correctional facility or juvenile prison will be automatically expunged when the person reaches 26 years of age, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0515(1)(a). | A criminal history record of a minor will be automatically expunged when the person reaches 21 years of age, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0515(1)(b)(1). | A record of an arrest of a minor made contrary to law or by mistake can be expunged upon application to the Florida Department of Law Enforcement. Fla. Stat. § 943.0581, 11C-7.008(1), F.A.C. | Records relating to charges handled through the completion of informal adjustment, mediation, or other non-adjudicatory procedure or to a delinquency petition that was dismissed will be sealed. Ga. Code Ann. § 15-11-701(a). | Records relating to adjudications for committing a delinquent act can be sealed, so long as two years have passed since the petitioner's final discharge and the court determines that the petitioner has been rehabilitated. Ga. Code Ann. § 15-11-701(b). | Records relating to an adjudication for a sex crime can be sealed if such crime resulted from the petitioner being trafficked for sexual servitude or a victim of sexual exploitation. Ga. Code Ann. § 15-11-701(c). | An adjudication for a sex crime may be vacated if such crime resulted from the petitioner being trafficked for sexual servitude or a victim of sexual exploitation. Ga. Code Ann. § 15-11-32(d). | Records relating to delinquency proceedings will be sealed upon the person's turning 18, or 21 in matters where the court extended jurisdiction to age 21. 19 GCA § 5124(a). | A record relating to a delinquency proceeding will be destroyed ten years after the filing of the proceeding. 19 GCA § 5124(c). | A record relating to a juvenile arrest for a matter under family court jurisdiction can be expunged if the matter was not referred to the prosecuting attorney or the family court, and the person was not counseled and released by police. Haw. Rev. Stat. § 571-88(a). | A record relating to a juvenile arrest for a matter under family court jurisdiction can be expunged if the matter was not referred to the prosecuting attorney or the family court and the person was counseled, released by the police, and is now an adult. Haw. Rev. Stat. § 571-88(a). |
| Ineligible Category or Citation | For the list of offenses ineligible for sealing under this column, see Fla. Stat. § 943.0584. | For the list of offenses ineligible for sealing under this column, see section 775.084(1)(b). Fla. Stat. § 943.0583(3). | For the list of offenses ineligible for expunction under this column, see Fla. Stat. § 943.0585. The person is ineligible for expunction under this column if the person: (a) been adjudicated guilty of any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains or (b) is under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the petition to expunge pertains. | There is no statutory language regarding ineligible offenses. | For the list of offenses ineligible for sealing under this column, see Fla. Stat. § 943.0584. | For the list of offenses ineligible for expunction under this column, see Fla. Stat. § 943.058. The person is ineligible for expunction under this column if the person: (a) been adjudicated guilty of any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains or (b) is under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the petition to expunge pertains. | No statutory language regarding ineligible offenses. | To be eligible for expunction under this column, the person must have: (a) participated in a prearrest or postarrest diversion program that expressly authorizes or permits such expunction; (b) participated in a prearrest or postarrest diversion program based on an arrest for a nonviolent misdemeanor that would not qualify as an act of domestic violence as that term is defined in Section 741.28; (c) never been charged by the state attorney with, or found to have committed, any criminal offense or comparable ordinance violation. | A minor classified as a serious habitual offender or committed to a juvenile correctional facility or juvenile prison is not eligible for expunction under this column. Fla. Stat. § 943.0515 If a person 18 years of age or older is charged with or convicted of a forcible felony and the person's criminal history record as a minor has not yet been destroyed, the person's record as a minor must be merged with the person's adult criminal history record and must be retained as a part of the person's adult record. Fla. Stat. § 943.0515(2)(a). A minor who is designated as a "sexual offender" as per section 943.0435(1)(h) after July 1, 2007 may not have his or her criminal history records expunged. Fla. Stat. § 943.0515(3). | If a person 18 years of age or older is charged with or convicted of a forcible felony and the person's criminal history record as a minor has not yet been destroyed, the person's record as a minor must be merged with the person's adult criminal history record and must be retained as a part of the person's adult record. Fla. Stat. § 943.0515(2)(a). A minor who is designated as a "sexual offender" as per section 943.0435(1)(h) after July 1, 2007 may not have his or her criminal history records expunged. Fla. Stat. § 943.0515(3). | A minor classified as a serious habitual offender or committed to a juvenile correctional facility or juvenile prison is not eligible for expunction under this column. Fla. Stat. § 943.0515 If a person 18 years of age or older is charged with or convicted of a forcible felony and the person's criminal history record as a minor has not yet been destroyed, the person's record as a minor must be merged with the person's adult criminal history record and must be retained as a part of the person's adult record. Fla. Stat. § 943.0515(2)(a). A minor who is designated as a "sexual offender" as per section 943.0435(1)(h) after July 1, 2007, may not have his or her criminal history records expunged. Fla. Stat. § 943.0515(3). | No statutory language regarding ineligible offenses. | No statutory language regarding ineligible offenses. | To be eligible for sealing, the petitioner cannot have: (1) a subsequent conviction for a felony or of a misdemeanor involving moral turpitude; (2) a subsequent adjudication for committing a delinquent act or as a child in need of services; or (3) a proceeding seeking conviction or adjudication pending against the petitioner. Ga. Code Ann. § 15-11-701(b)(2). | No statutory language regarding ineligible offenses. | This provision applies only to a sexual crime as defined in Section 16-3-6. Ga. Code Ann. § 15-11-32(d). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | See Haw. Rev. Stat. § 571-88(a) for ineligible offenses. | See Haw. Rev. Stat. § 571-88(a) for ineligible offenses. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Automatic | By petition or court's own motion | By petition or court's own motion | By petition or court's own motion | Automatic | Automatic | Petition-based | Petition-based |
| Waiting Periods | A petition may be filed at any time following the dismissal of the case. | The petition must be filed with due diligence after the victim has ceased to be a victim of human trafficking or has sought services for victims of human trafficking, subject to reasonable concerns for the safety of the victim, family members of the victim, or other victims of human trafficking that may be jeopardized by the bringing of such petition. Fla. Stat. § 943.0583(4). | A petition may be filed at any time following the dismissal of the case. | A petition can be filed at any time. | A petition can be filed at any time. | The petition can be filed at any time. | A petition may be filed at any time. | A petition may be filed at any time. | A petition may be filed at any time. | The record should be expunged when the person reaches 26 years of age. | The record should be expunged when the person reaches 21 years of age. | The application may be made at any time. | The records should be sealed immediately following the completion of informal adjustment, mediation, or other non-adjudicatory procedure or following the dismissal of the petition. | The petition can be filed two years after the final discharge of the person. | The petition can be filed at any time following the adjudication. | The petition may be filed at any time following the adjudication. | The records are sealed at age 18, or 21 if the court's jurisdiction over that person was extended to age 21. | The record is destroyed 10 years after the filing of any juvenile proceeding. | The written request can be filed at any time. | The petition can be filed upon the juvenile reaching the age of 18. |
| Fees | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.059(2)(b). | The clerk of the court may not charge a filing fee, service charge, or copy fee or any other charge for a petition filed under this section. | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0585(2)(a). | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0585(2)(b). | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.059(2)(b). | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0585(2)(a). | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0585(2)(b). | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0582(4). | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0582(1)(b)(2)(a). | A $75 fee must be paid for the certificate of eligibility unless waived. No fee is required for automatic expungement under this column. Fla. Stat. § 943.0582(1)(b)(2)(a). | No fee is required for automatic expungement under this column. | 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 is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. |
| Effect | A criminal history record of a minor that was ordered sealed by a court is confidential and exempt from inspection as a public record. It is available only to the person who is the subject of the record, their attorney, criminal justice agencies, judges, or to the entities specified in Fla. Stat. § 943.059(6)(a). The subject person can lawfully deny or fail to acknowledge the arrests covered by the sealed record, except in the circumstances specified in Fla. Stat. § 943.059(6)(b). For further information about the effect of sealing, see Fla. Stat. § 943.059)(6). | A conviction that was expunged for a victim of human trafficking is deemed to have been vacated due to a substantive defect in the underlying criminal proceedings. Fla. Stat. § 943.0583(3). Any criminal history record of a minor victim of human trafficking that is ordered expunged as a must be physically destroyed or obliterated by any criminal justice agency having custody of such record, except that any criminal history record in the custody of the department of law enforcement must be retained in all cases. Fla. Stat. § 943.0583(8)(a). The person who is the subject of a criminal history record that is expunged due to being a victim of human trafficking can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the person is a candidate for employment with a criminal justice agency or a defendant in a criminal prosecution. Fla. Stat. § 943.0583(8)(b). For further information about the effect of expungement, see Fla. Stat. § 943.0583. | Any criminal history record of a minor which is ordered expunged by a court of competent jurisdiction must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the Florida Department of Law Enforcement must be retained in all cases. Fla. Stat. § 943.0585(6). A criminal history record of a minor which is ordered expunged by a court pursuant to this section is confidential and exempt from inspection as a public record and is not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency can retain a notation indicating compliance with an order to expunge. The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in the circumstances specified in Fla. Stat. § 943.0585(6)(b). For further information about the effect of expungement, see Fla. Stat. § 943.0585(6). | Any criminal history record of a minor which is ordered expunged by a court of competent jurisdiction must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the Florida Department of Law Enforcement must be retained in all cases. Fla. Stat. § 943.0585(4). A criminal history record of a minor which is ordered expunged by a court pursuant to this section is confidential and exempt from inspection as a public record and is not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency can retain a notation indicating compliance with an order to expunge. The subject person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in the circumstances specified in Fla. Stat. § 943.0585(4)(a). For further information about the effect of expungement, see Fla. Stat. § 943.0585(4). | A criminal history record of a minor that was ordered sealed by a court is confidential and exempt from inspection as a public record. It is available only to the person who is the subject of the record, their attorney, criminal justice agencies, judges, or to the entities specified in Fla. Stat. § 943.059(6)(a). The subject person can lawfully deny or fail to acknowledge the arrests covered by the sealed record, except in the circumstances specified in Fla. Stat. § 943.059(6)(b). For further information about the effect of sealing, see Fla. Stat. § 943.059)(6). | Any criminal history record of a minor which is ordered expunged by a court of competent jurisdiction must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the Florida Department of Law Enforcement must be retained in all cases. Fla. Stat. § 943.0585(6). A criminal history record of a minor which is ordered expunged by a court pursuant to this section is confidential and exempt from inspection as a public record and is not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency can retain a notation indicating compliance with an order to expunge. The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in the circumstances specified in Fla. Stat. § 943.0585(6)(b). For further information about the effect of expungement, see Fla. Stat. § 943.0585(6). | Any criminal history record of a minor which is ordered expunged by a court of competent jurisdiction must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the Florida Department of Law Enforcement must be retained in all cases. Fla. Stat. § 943.0585(4). A criminal history record of a minor which is ordered expunged by a court pursuant to this section is confidential and exempt from inspection as a public record and is not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency can retain a notation indicating compliance with an order to expunge. The subject person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in the circumstances specified in Fla. Stat. § 943.0585(4)(a). For further information about the effect of expungement, see Fla. Stat. § 943.0585(4). | The expungement or sealing granted under this section does not prevent the minor who receives such relief from petitioning for the expungement or sealing of a later criminal history record as provided for in sections 943.0583, 943.0585, and 943.059, if the minor is otherwise eligible under those sections. Fla. Stat. § 943.0582(3)(e)(5)(4). A criminal history record of a minor which is ordered expunged by a court pursuant to this section is confidential and exempt from inspection as a public record and is not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency can retain a notation indicating compliance with an order to expunge. Fla. Stat. § 943.0582(2)(a)(1). For further information about the effect of expungement, see Fla. Stat. § 943.0582. | The record, or portion of a record, subject to expungement will be obliterated by any criminal justice agency having custody thereof, except that criminal history records in the custody of the department must be retained in all cases for purposes of evaluating subsequent requests by the subject of the record for sealing or expungement, or for purposes of recreating the record in the event an order to expunge is vacated by a court of competent jurisdiction. Fla. Stat. § 943.045(16). | The record, or portion of a record, subject to expungement will be obliterated by any criminal justice agency having custody thereof, except that criminal history records in the custody of the department must be retained in all cases for purposes of evaluating subsequent requests by the subject of the record for sealing or expungement, or for purposes of recreating the record in the event an order to expunge is vacated by a court of competent jurisdiction. Fla. Stat. § 943.045(16). | The record, or portion of a record, subject to expungement will be obliterated by any criminal justice agency having custody thereof, except that criminal history records in the custody of the department must be retained in all cases for purposes of evaluating subsequent requests by the subject of the record for sealing or expungement, or for purposes of recreating the record in the event an order to expunge is vacated by a court of competent jurisdiction. Fla. Stat. § 943.045(16). | The record, or portion of a record, subject to expungement will be obliterated by any criminal justice agency having custody thereof, except that criminal history records in the custody of the department must be retained in all cases for purposes of evaluating subsequent requests by the subject of the record for sealing or expungement, or for purposes of recreating the record in the event an order to expunge is vacated by a court of competent jurisdiction. Fla. Stat. § 943.045(16). An application or endorsement under this section is not admissible as evidence in any judicial or administrative proceeding and cannot be construed in any way as an admission of liability in connection with an arrest. Fla. Stat. § 943.0581(6), Fla. Admin. Code r. 11C-7.008(8). | Upon the entry of the order, the proceeding will be treated as if it had never occurred. All index references will be deleted and the person, court, law enforcement officers, and departments can properly reply that no record exists pertaining to the person upon inquiry in any matter. Ga. Code Ann. § 15-11-701(e). | Upon the entry of the order, the proceeding will be treated as if it had never occurred. All index references will be deleted and the person, court, law enforcement officers, and departments can properly reply that no record exists pertaining to the person upon inquiry in any matter. Ga. Code Ann. § 15-11-701(e). | Upon the entry of the order, the proceeding shall be treated as if it had never occurred. All index references will be deleted and the person, court, law enforcement officers, and departments can properly reply that no record exists pertaining to the person upon inquiry in any matter. Ga. Code Ann. § 15-11-701(e). | The order of adjudication is vacated. Ga. Code Ann. § 15-11-32. | Any person whose record has been sealed may deny the delinquency proceedings on any official form, document, or application for public or private employment. 19 GCA § 5124(a). It is unlawful for any person to require, or to inquire into, as a condition of employment, continued employment, or promotion, any information with respect to whether or not any person has been the subject of juvenile delinquency proceedings. 19 GCA § 5124(d). | The records are destroyed. 19 GCA Section 5124(c). | Upon the entry of an expungement order, the person can respond to any question or inquiry, whether or not under oath, that they have no record regarding the specific arrest that was expunged. Haw. Rev. Stat. § 571-88(c)(2)(A). "Expunge" means a process defined by agency policy in which records are segregated and kept confidential, or destroyed. Haw. Rev. Stat. § 571-88(e). | Upon the entry of an expungement order, the person can respond to any question or inquiry, whether or not under oath, that they have no record regarding the specific arrest that was expunged. Haw. Rev. Stat. § 571-88(c)(2)(A). "Expunge" means a process defined by agency policy in which records are segregated and kept confidential, or destroyed. Haw. Rev. Stat. § 571-88(e). |
| Remedy | Seal | Expunge | Expunge | Expunge | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Seal | Seal | Vacate | Seal | Delete | Expunge | Expunge |
