1
Select group*
*Required fields
Jurisdiction
2
Select filters
3
Select states and territories to compare
From those matching filter criteria
From those matching filter criteria
4
Review policy summaries across selected States
2710 resultsUse filters above to refine your results.
| North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Dakota | North Dakota | North Dakota | North Dakota | North Dakota | North Dakota | North Dakota | North Dakota | Nebraska | Nebraska | Nebraska | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Clearance policy overview | Records relating to nonviolent convictions may be expunged by the court if the court finds that the person was coerced or deceived into committing the offense as a direct result of having been a trafficking victim. N.C. Gen. Stat. § 15A-145.9(b). | Records relating to a conviction for prostitution pursuant to sections 14-204 or 14-204(7) can be expunged by the court if the petitioner's participation in the offense was a result of having been a trafficking victim, so long as the petitioner has no prior violent felony or violent misdemeanor convictions and no subsequent felony or misdemeanor convictions. N.C. Gen. Stat. § 15A-145.6(b)(2)(a). | Records relating to a conviction for which a pardon of innocence is received can be expunged by the court. N.C. Gen. Stat. § 15A-149(a). | Records relating to a nonviolent offense based on section 15A-1415(b)(10) can be vacated by the court if the conviction was a result of the petitioner having been a victim of human trafficking or sexual servitude. N.C. Gen. Stat. §15A-1416.1(a), (b). | Records relating to a person discharged with a first controlled substance offense or felony and the proceedings against the person were dismissed may be expunged by the court if the person was not over 21 at the time of the offense. N.C. Gen. Stat. §§ 15A-145.2(a), N.C. Gen. Stat. § 90-96. | Records relating to felonies or misdemeanors can be expunged by the court upon dismissal or a finding of not guilty or not responsible, so long as the person has no prior felony conviction. N.C. Gen. Stat. § 15A-146. | Records relating to a felony or misdemeanor containing the name of an identity theft victim or a person mistakenly identified as the perpetrator of a crime can be expunged by the court upon a finding of not guilty or a set-aside of the conviction. N.C. Gen. Stat. § 15A-147(a). | Records relating to a felony or misdemeanor containing the name of an identity theft victim or a person mistakenly identified as the perpetrator of a crime are expunged upon dismissal. N.C. Gen. Stat. § 15A-147(a1). | Records relating to certain controlled substance and paraphernalia charges, for a person not over the age of 21 at the time of the offense, can be expunged upon dismissal, nolle prosequi, or finding of not guilty or adjudication of innocence. N.C. Gen. Stat. § 15A-145.2(b), 15A-145.3(b). | A record relating to a delinquency proceeding can be destroyed at any time if the court finds good cause. N.D.R.Juv.P. 19. | Records relating to a first marijuana misdemeanor will be sealed by the court after two years, so long as the person is not convicted of a controlled substance offense in that time. N.D. Cent. Code, § 19-03.1-23(10). | Records relating to a prostitution conviction or an offense listed in section 12.1-41-12(1) which was committed as a direct resulting of being a victim of human trafficking can be sealed by the court. N.D. Cent. Code § 12.1-41-14. | Records relating to a misdemeanor conviction can be sealed by the court after three years. N.D. Cent. Code § 12-60.1-02(1)(a). | Records relating to a felony conviction can be sealed by the court after five years. N.D. Cent. Code § 12-60.1-02(1)(b). | Records relating to a delinquency adjudication are not generally open to the public. North Dakota Rules of Juvenile Procedure, Rule 19, N.D. Code Ann. 27-20.2-23. | Records relating to a misdemeanor case dismissed after successful completion of a drug court program are sealed by the court immediately. N.D. Cent. Code §§ 19-03.1-23(11), 39-08-01.5(3). | Records relating to a DWI case dismissed after successful completion of probation are sealed by the court immediately. N.D. Cent. Code § 39-08-01.6. | Records relating to a conviction for a misdemeanor or infraction in county court, other than a traffic offense, that occurred when the petitioner was under age 18 can be sealed by the court upon sentence completion. Neb. Rev. Stat. §§ 43-2, 108.01 et seq. | A record relating to a delinquency matter where charges were filed but later dismissed must be sealed immediately upon notice of the dismissal. Neb. Rev. Stat. § 43-2,108.03(3), (4). | A delinquency adjudication that resulted from being a victim of human trafficking may be vacated, and the related records sealed, immediately. Neb. Rev. Stat. §§ 29-3005, 29-3523. |
| Ineligible Category or Citation | Eligible offenses described in N.C. Gen. Stat. § 15A-145.9(a)(1). | This provision only applies only to prostitution convictions specified in 15A-145.6(a)(1). | There is no statutory language regarding ineligible offenses. | This provision applies only to first-offense prostitution convictions under section 14-204. N.C. Gen. Stat. §§ 15A-1416.1(a)), 15A-1415(b)(10). | This provision applies only to certain drug offenses discharged and dismissed under section 90-96(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 offenses specified in N.C. Gen. Stat. sections 15A-145.2(b), 15A-145.3(b), 90-95(a)(3). | Records of an alleged sex offense or sexual performance by children must be retained for 25 years. N.D. Cent. Code § 25-03.3-04. To be eligible for destruction under this section, the person cannot have any criminal charges pending before any other court. | This statute applies only to first-offense convictions for possession of one ounce or less of marijuana. N.D. Cent. Code, § 19-03.1-23(10). | There is no statutory language regarding ineligible offenses. | This section does not apply to a felony involving violence or intimidation during the period in which the offender is ineligible to possess a firearm or an offense for which an offender has been ordered to register under section 12.1-32-15. N.D. Cent. Code § 12-60.1-02(2). | This section does not apply to a felony involving violence or intimidation during the period in which the offender is ineligible to possess a firearm under subdivision section 62.1-02-01(1)(a) or an offense for which an offender has been ordered to register under section 12.1-32-15. N.D. Cent. Code § 12-60.1-02(2). | All juvenile case files and court records relating to certain alleged offenses are not eligible under this section and must be retained for 25 years. N.D. Cent. Code § 25-03.3-04. | There is no statutory language on ineligible offenses. | This section does not apply to a person licensed as a commercial driver under section 39-06.2-10. N.D. Cent. Code § 39-08-01.6(2). | This provision applies only to those offenses listed in Neb. Rev. Stat. § 42-3, 108.01. | To be eligible for automatic sealing, any required pretrial diversion or mediation for any related charges must have been completed and no related charges remain under the jurisdiction of the court. Neb. Rev. Stat. § 43-2,108.03(3). | There are no ineligible offenses. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | By petition or court's own motion | Automatic | Petition-based |
| Waiting Periods | There is no waiting period. | There is no statutory language regarding a waiting period. | The petition can be filed upon receipt of a pardon of innocence. | The petition can be filed at any time following entry of a verdict. N.C. Gen. Stat. § 16A-1416.1(a). | The petition can be filed after the proceedings are discharged and dismissed pursuant to a conditional discharge. | The petition can be filed upon the dismissal or finding of not guilty or not responsible. | The petition may be filed upon a finding of not guilty or a set-aside of the conviction. | The procedure is automatic upon the dismissal by the prosecutor. | The petition can be filed upon dismissal, nolle prosequi, or finding of not guilty or adjudication of innocence. | A petition can be filed at any time. | The record is sealed after two years if the petitioner has no subsequent convictions. | There is no waiting period. The petition must be filed within two years of the date the conviction became final. | The petition can be filed three years from release from incarceration, parole, or probation. | The petition can be filed five years from release from incarceration, parole, or probation. | There is no statutory language regarding a waiting period. | There is no waiting period. | There is no waiting period. | The court can initiate proceedings or a petition can be filed upon sentence completion. | The records should be sealed immediately upon notice of the dismissal of the charges. | There is no waiting period. |
| Fees | The costs of expunging the records shall not be taxed against the petitioner. N.C. Gen. Stat. § 15A-145.9(k). | There is no statutory language regarding fees. | There are no fees. N.C. Gen. Stat. § 15A-149(b). | There is no statutory language regarding fees. | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.3(d). | None, unless the dismissal followed deferred a prosecution or conditional discharge, in which case the fee is $175, waivable for indigency. N.C. Gen. Stat. § 15A-146. | There are no fees. N.C. Gen. Stat. § 15A-147(c). | There are no fees. N.C. Gen. Stat. § 15A-147(c). | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. §§ 15A-145.2(d), 15A-145.3(d). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There are no fees. N.D. Cent. Code § 29-32.1-03(1). | There is no statutory language on fees. | There is no statutory language on fees. | There is no statutory language on 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 on fees. | |
| Effect | The court shall order that the person be restored to the status the person occupied before the arrest or indictment. N.C. Gen. Stat. § 15A-145.9(f). | The person need not disclose arrest or court proceedings, except in the circumstances specified in section 15A-145.6(g). | No person as to whom such an order has been entered under this section shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person's failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial. N.C. Gen. Stat. §15A-149(c). | The conviction is vacated, and the court may take such additional action as is appropriate in the circumstances. N.C. Gen. Stat. § 15A-1416.1(c). | The expungement shall restore a person to the status the person occupied before such arrest or indictment or information. N.C. Gen. Stat. § 15A-145.2(a). | The person need not disclose arrest or court proceedings, except in the circumstances specified in N.C. Gen. Stat. section 15A-153(e). | The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-147. | The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-153. | The effect of such order shall be to restore the petitioner in the contemplation of the law to the status he occupied before such arrest or indictment or information or conviction. N.C. Gen. Stat. § 15A-145.3 (c). | Upon the final destruction of a file or record, the proceeding must be treated as if it never occurred. N.D. Cent. Code § 27-20.2-25(2). Upon an inquiry in any matter, the child, the court, and representatives of agencies, except the attorney general and the directors of the Department of Transportation, the Department of Human Services, the Department of Corrections and Rehabilitation, law enforcement agencies, and county social service agencies, will properly reply that no record exists with respect to the child. N.D. Cent. Code § 27-20.2-25(2). For further details on the effect, see N.D. Cent. Code § 27-20.2-25(2). | Once sealed, the court record cannot be opened, even by an order of the court. N.D. Cent. Code § 19-03.1-23(10). | Disclosure of the existence or contents of court or prosecutor records is prohibited, unless authorized by court order. N.D. Cent. Code §§ 12.1-41-14, 12-60.1-01. | The person is subject to the provisions of section 12.1-33-02.1 on state licensure. Information is released when a requesting entity has a statutory obligation to conduct a criminal history check. N.D. Cent. Code § 12-60.1-04(9). | The person is subject to the provisions of section 12.1-33-02.1 on state licensure. Information is released when a requesting entity has a statutory obligation to conduct a criminal history check. N.D. Cent. Code § 12-60.1-04(9). | Upon an inquiry in any matter, the child, the court, and representatives of agencies, except the attorney general and the directors of the Department of Transportation, the Department of Human Services, the Department of Corrections and Rehabilitation, law enforcement agencies, and county social service agencies, will properly reply that no record exists with respect to the child. N.D. Cent. Code § 27-20-23. | The records are subject to examination by the clerk, a judge of the court, the juvenile commissioner, probation officers, the defendant or defendant's counsel, and the state's attorney. Others may examine the records only by court order. N.D. Cent. Code § 12.1-32-07.2(2). | The records are subject to examination by the clerk, a judge of the court, the juvenile commissioner, probation officers, the defendant or defendant's counsel, and the state's attorney. Others may examine the records only by court order. N.D. Cent. Code § 12.1-32-07.2(2). | The person can respond to any public inquiry as if the offense never occurred. Government agencies will reply to any public inquiry that no information exists. A sealed record is accessible to law enforcement and can be made available to others. Neb. Rev. Stat. § 43-2,108.05. | Upon the charges being dismissed, the county or city attorney will notify the government agency and court, who will then immediately seal all the records housed at that government agency and court pertaining to the citation, arrest, record of custody, complaint, disposition, diversion, or mediation. Neb. Rev. Stat. § 43-2,108.03(4). After the record is sealed, the person whose record was sealed can respond to any public inquiry as if the events resulting in such record never occurred. Neb. Rev. Stat. § 43-2,108.05(2). | The order shall seal all records, including any information or other data concerning any proceedings relating to the offense, including the arrest, taking into custody, petition, complaint, trial, hearing, adjudication, correctional supervision, dismissal, or other disposition or sentence, be deemed never to have occurred. Neb. Rev. Stat. § 43-2,108.05(1). After a record is sealed, the person whose record was sealed can respond to any public inquiry as if the offense resulting in such record never occurred. A government agency and any other public office or agency shall reply to any public inquiry that no information exists regarding a sealed record. Neb. Rev. Stat. § 43-2,108.05(2). |
| Remedy | Expunge | Expunge | Expunge | Vacate | Expunge | Expunge | Expunge | Expunge | Expunge | Delete | Seal | Seal | Seal | Seal | Shield | Seal | Seal | Seal | Seal | Vacate |
