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| Arkansas | Arkansas | Arkansas | American Samoa | American Samoa | American Samoa | American Samoa | American Samoa | Arizona | Arizona | Arizona | Arizona | Arizona | Arizona | Arizona | Arizona | Arizona | Arizona | Arizona | California | |
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| Clearance policy overview | An arrest record can be sealed by the court if charges have not been filed by the prosecuting attorney within one year of the date of arrest. Ark. Code Ann. § 16-90-1409(a). | Records relating to a case resulting in nolle prosequi upon motion of the prosecuting attorney can be sealed by the court one year after the date the nolle prosequi was entered. Ark. Code Ann. § 16-90-1410(a)(1). | The governor shall notify the court upon issuing a pardon, and the court shall seal the record of the conviction of the person pardoned. Ark. Code Ann. § 16-90-1411(a)(1). | Records relating to a delinquency petition dismissed pursuant to subsection (b) of 45.0332 may be expunged after two years from the date of termination of the Court's jurisdiction over the person, or two years after unconditional release from parole supervision. Am. Samoa Code Ann. § 45.0142(a). | Records relating to a delinquency adjudication may be expunged after two years from the date of termination of the Court's jurisdiction over the person or two years after his or her unconditional release from parole supervision, if he or she had been committed to the Corrections Bureau, unless waived by all parties. Am. Samoa Code Ann. § 45.0142(a). | Records relating to a matter resolved by informal adjustment may be expunged after two years from the date of termination of the Court's jurisdiction over the person, unless waived by all parties. Am. Samoa Code Ann. § 45.0142(a). | Records relating to any delinquency matter having come under the jurisdiction of the Court may be expunged by the Court on its own motion or on the motion of the juvenile officer. Am. Samoa Code Ann. § 45.0142(a). | Records relating to a delinquency petition that were dismissed because the evidence was insufficient, may be expunged immediately. Am. Samoa Code Ann. § 45.0143. | Records relating to an individual whose sentence is complete and restitution is paid; who has had their charges dismissed; who has received a not guilty verdict; or who was arrested for a criminal offense and no charges were filed, may have their record sealed by the court. Ariz. Rev. Stat. § 13-911(A). | Records relating to a person who has been convicted of a criminal offense can have their judgement of guilt set aside if they have completed the conditions of their probation or sentence and have been discharged by the court. Ariz. Rev. Stat. § 13-905(A). | A record relating to a DUI adjudication (title 28, chapter 2) can be destroyed after a petition is filed, so long as the person is at least 25 years old and is not subject to a disqualifying event. Ariz. Rev. Stat. §§ 8-349(D), (E). | Records relating to a prostitution conviction pursuant to section 13-3214 that was committed prior to July 24, 2014, can be vacated by the court if the conviction was obtained as a direct result of the petitioner's having been a victim of human trafficking. Ariz. Rev. Stat. § 13-907.01(A). | Beginning July 12, 2021 records relating to (a) possessing, consuming, or transporting two and one-half ounces or less of marijuana; (b) possessing, transporting, cultivating or processing no more than six marijuana plants at the person's primary residence for personal use; or (c) possessing, using or transporting paraphernalia for cultivating, manufacturing, processing, or consuming marijuana may be expunged by the court. Ariz. Rev. Stat. § 36-2862(A). | A record relating to charges that did not result in an adjudication can be destroyed after a petition is filed, so long as the person is at least 18 years old and is not subject to a disqualifying event. Ariz. Rev. Stat. § 8-349(B), (C). | A record relating to certain adjudications can be destroyed after a petition is filed, so long as the person is at least 18 years old and is not subject to a disqualifying event. Ariz. Rev. Stat. § 8-349(B), (C). | A record relating to a felony adjudication listed in section 13-501, subsection A or B, can be destroyed after a petition is filed, so long as the person is at least 25 years old and is not subject to a disqualifying event. Ariz. Rev. Stat. §§ 8-349(D), (E). | A record relating to an adjudication of delinquency can be set aside after a petition is filed, so long as the person successfully has completed all the requirements set by the court and is not subject to a disqualifying event. Ariz. Rev. Stat. § 8-348. | Records relating to certain drug related convictions may be expunged, if the individual completed their assigned drug court program. Ariz. Rev. Stat. § 13-3422(H)-(I). | Records of a case not resulting in conviction because of wrongful arrest, indictment, or charge can be sealed by the court. Ariz. Rev. Stat. § 13-4051. | Records relating to an arrest where no accusatory pleading is filed and the person arrested is factually innocent can be sealed by the law enforcement agency. After three years, the records of the arrest and notice of sealing are destroyed. Cal. Pen. Code § 851.8(a). |
| Ineligible Category or Citation | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | Despite a person being pardoned, certain convictions on his or her record are ineligible to be sealed. Ark. Code Ann. § 16-90-1411(a)(3).. | To be eligible for expungement, the person cannot have: (1) a conviction for of a felony or a misdemeanor; (2) a subsequent adjudication; or (3) a pending felony, misdemeanor, or delinquency matter. Am. Samoa Code Ann. § 45.0142(c). | To be eligible for expungement, the person cannot have: (1) a conviction for of a felony or a misdemeanor; (2) a subsequent adjudication; or (3) a pending felony, misdemeanor, or delinquency matter. Am. Samoa Code Ann. § 45.0142(c). | To be eligible for expungement, the person cannot have: (1) a conviction for of a felony or a misdemeanor; (2) a subsequent adjudication; or (3) a pending felony, misdemeanor, or delinquency matter. Am. Samoa Code Ann. § 45.0142(c). | To be eligible for expungement, the person cannot have: (1) a conviction for of a felony or a misdemeanor; (2) a subsequent adjudication; or (3) a pending felony, misdemeanor, or delinquency matter. Am. Samoa Code Ann. § 45.0142(c). | To be eligible for expungement, the person cannot have: (1) a conviction for of a felony or a misdemeanor; (2) a subsequent adjudication; or (3) a pending felony, misdemeanor, or delinquency matter. Am. Samoa Code Ann. § 45.0142(c). | For a list of other ineligible persons, see Ariz. Rev. Stat. § 13-911(A). | A person cannot get a judgment of guilt set aside if they have been convicted of: (a) a dangerous offense (see Ariz. Rev. Stat. § 13-105(13)); (b) an offense requiring the registration pursuant to section 13-3821; (c) a sexual offense pursuant to section 13-118; or (d) a felony offense involving a victim who is under the age of 15 years old. Ariz. Rev. Stat. § 13-905(N). | A person is not eligible to have his or her record destroyed under this section if he or she has: (a) been convicted of a felony offense; (b) a pending criminal charge; (c) not successfully completed all of the terms and conditions of probation or been discharged from the Department of Juvenile Corrections without successful completion of the individualized treatment plan; or (d) not paid all restitution and monetary assessments in the matter. Ariz. Rev. Stat. § 8-349(C). | There is no statutory language regarding ineligible offenses. The person must have been convicted of a violation of section 13-3214 that was committed prior to July 24, 2014, to be eligible to petition the court to vacate the record. Ariz. Rev. Stat. § 13-907.01(A). | There are no ineligible offenses. | A person is not eligible to have his or her record destroyed under this section if he or she has: (a) been convicted of a felony offense; (b) been adjudicated for an offense listed in section 13-501, subsection A or B or title 28, chapter 4; (c) a pending criminal charge; (d) not successfully completed all of the terms and conditions of probation or been discharged from the Department of Juvenile Corrections without successful completion of the individualized treatment plan; or (e) not paid all restitution and monetary assessments in the matter. Ariz. Rev. Stat. § 8-349(C). | A person is not eligible to have his or her record destroyed under this section if he or she has: (a) been convicted of a felony offense; (b) been adjudicated for an offense listed in section 13-501, subsection A or B or title 28, chapter 4; (c) a pending criminal charge; (d) not successfully completed all of the terms and conditions of probation or been discharged from the Department of Juvenile Corrections without successful completion of the individualized treatment plan; or (e) not paid all restitution and monetary assessments in the matter. Ariz. Rev. Stat. § 8-349(C). | A person is not eligible to have his or her record destroyed under this section if he or she has: (a) been convicted of a felony offense; (b) a pending criminal charge; (c) not successfully completed all of the terms and conditions of probation or been discharged from the Department of Juvenile Corrections without successful completion of the individualized treatment plan; or (d) not paid all restitution and monetary assessments in the matter. Ariz. Rev. Stat. § 8-349(C). | A person is not eligible to have his or her record destroyed under this section if he or she has: (a) been convicted of a felony offense; (b) a pending criminal charge; (c) not successfully completed all of the terms and conditions of probation or been discharged from the Department of Juvenile Corrections without successful completion of the individualized treatment plan; (d) not paid all restitution and monetary assessments in the matter; or (e) been adjudicated for any offenses listed in section 8-348(D). Ariz. Rev. Stat. § 8-348. | A defendant is not eligible if he or she: (a) has been convicted of a serious offense as defined in section 13-706; (b) has been convicted of an offense under chapter 14 of title 13; (c) has been convicted of a dangerous offense (see Ariz. Rev. Stat. § 13-105(13)); (d) has completed or been terminated from a drug court program other than a juvenile drug court program; or (e) has completed or been terminated from a drug diversion program other than a juvenile drug diversion program. Ariz. Rev. Stat. § 13-3422(H)-(I). | There is no statutory language regarding ineligible offenses. | This section does not apply to offenses classified as infractions. Cal. Pen. Code § 851.8(n). |
| Clearance Process | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | By petition or court's own motion | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | The petition can be filed one year after the arrest if no charges were filed. | The petition can be filed one year after the date the nolle prosequi was entered. | The record can be sealed immediately upon notice of pardon. | The petition may be filed two years after the date of termination of the Court's jurisdiction over the person. Only by stipulation of all parties involved may expungement be applied for prior to this two year waiting period. Am. Samoa Code Ann. § 45.0142(a). | The petition may be filed two years after the date of termination of the Court's jurisdiction over the person, or two years after his or her unconditional release from parole supervision, if he or she had been committed to the Corrections Bureau. Only by stipulation of all parties involved may expungement be applied for prior to this two year waiting period. Am. Samoa Code Ann. § 45.0142(a). | The petition may be filed two years after the date of termination of the Court's jurisdiction over the person. Only by stipulation of all parties involved may expungement be applied for prior to the expiration of two years from the date of termination of the Court's jurisdiction or termination of the Court's supervision under an informal adjustment. Am. Samoa Code Ann. § 45.0142(a). | The Court may order the expungement two years after the date of termination of the Court's jurisdiction over the person, or two years after his or her unconditional release from parole supervision, if he or she had been committed to the Corrections Bureau. Am. Samoa Code Ann. § 45.0142(a). | The petition may be filed immediately upon dismissal. | There is no waiting period. | There is no waiting period. | A petition can be filed if the person is at least 25 years old. | There is no statutory language regarding waiting periods. | There is no waiting period. | A petition can be filed if the person is at least 18 years old. | A petition can be filed if the person is at least 18 years old. | A petition can be filed if the person is at least 25 years old. | A petition can be filed if the person is at least 25 years old. | There is no waiting period. | There is no statutory language regarding waiting periods. | The petition must be filed within two years of arrest. Cal. Pen. Code § 851.8(l). |
| Fees | There are no fees. Ark. Code Ann. § 16-90-1419. | There are no fees. Ark. Code Ann. § 16-90-1419. | There is no statutory language regarding fees. | No statutory language. | No statutory language. | No statutory language. | No statutory language. | No statutory language. | The petitioner may be charged a fee by the department of public safety for preparing his report to the court. Ariz. Rev. Stat. § 13-911(H). | The petitioner may be charged a fee by the department of public safety for preparing his report to the court. Ariz. Rev. Stat. § 13-911(H). | 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 is no statutory language regarding fees. |
| Effect | Upon entry of the uniform sealing order, the underlying conduct is deemed as a matter of law to never have occurred, and the person can state that the conduct did not occur and that a record does not exist. Ark. Code Ann. § 16-90-1417(b). Sealed records are not available for general access unless otherwise authorized by law. Ark. Code Ann. §§ 16-90-1413(h), 16-90-1417(b)(2). An order to seal a record means to expunge, remove, requester, and treat as confidential the record in question. It does not include the physical destruction of a record of conviction unless specified. Ark. Code Ann. § 16-90-1404(4). The court clerk, prosecuting attorney, and arresting agency remove and sequester the listed records. Ark. Code Ann. §§ 16-90-1413(e)-(g). | Upon entry of the uniform sealing order, the underlying conduct is deemed as a matter of law to never have occurred, and the person can state that the conduct did not occur and that a record does not exist. Ark. Code Ann. § 16-90-1417(b). Sealed records are not available for general access unless otherwise authorized by law. Ark. Code Ann. §§ 16-90-1413(h), 16-90-1416, 16-90-1417(b)(2). An order to seal a record means to expunge, remove, requester, and treat as confidential the record in question. It does not include the physical destruction of a record of conviction unless specified. Ark. Code Ann. § 16-90-1404(4). The court clerk, prosecuting attorney, and arresting agency remove and sequester the listed records. Ark. Code Ann. §§ 16-90-1413(e)-(g). | Upon entry of the uniform sealing order, the underlying conduct is deemed as a matter of law to never have occurred, and the person can state that the conduct did not occur and that a record does not exist. Ark. Code Ann. § 16-90-1417(b). Sealed records are not available for general access unless otherwise authorized by law. Ark. Code Ann. §§ 16-90-1413(h), 16-90-1416, 16-90-1417(b)(2). An order to seal a record means to expunge, remove, requester, and treat as confidential the record in question. It does not include the physical destruction of a record of conviction unless specified. Ark. Code Ann. § 16-90-1404(4). The court clerk, prosecuting attorney, and arresting agency remove and sequester the listed records. Ark. Code Ann. §§ 16-90-1413(e)-(g). | Upon the entry of an order to seal the records, the proceedings on the case are considered never to have occurred, and all references are deleted, and the person and the Court may properly reply that no record exists with respect to that person upon any inquiry in the matter. Am. Samoa Code Ann. § 45.0142(d). | Upon the entry of an order to seal the records, the proceedings on the case are considered never to have occurred, and all references are deleted, and the person and the Court may properly reply that no record exists with respect to that person upon any inquiry in the matter. Am. Samoa Code Ann. § 45.0142(d). | Upon the entry of an order to seal the records, the proceedings on the case are considered never to have occurred, and all references are deleted, and the person and the Court may properly reply that no record exists with respect to that person upon any inquiry in the matter. Am. Samoa Code Ann. § 45.0142(d). | Upon the entry of an order to seal the records, the proceedings on the case are considered never to have occurred, and all references are deleted, and the person and the Court may properly reply that no record exists with respect to that person upon any inquiry in the matter. Am. Samoa Code Ann. § 45.0142(d). | Upon the entry of an order to seal the records, the proceedings on the case are considered never to have occurred, and all references are deleted, and the person and the Court may properly reply that no record exists with respect to that person upon any inquiry in the matter. Am. Samoa Code Ann. § 45.0142(d). | The court will order the sealing of all records relating to the person's arrest, conviction, and sentence. Ariz. Rev. Stat. § 13-911(I). Once the order is granted, with exceptions, the petitioner may be able to state on employment, housing, and financial aid or loan applications that they have never been arrested for, charged with, or convicted of the crime that is the subject of the arrest or conviction. Ariz. Rev. Stat. § 13-911(I)(5). | The court will order the sealing of all records relating to the person's arrest, conviction, and sentence. Ariz. Rev. Stat. § 13-911(I). Once the order is granted, with exceptions, the petitioner may be able to state on employment, housing, and financial aid or loan applications that they have never been arrested for, charged with, or convicted of the crime that is the subject of the arrest or conviction. Ariz. Rev. Stat. § 13-911(I)(5). | There is no statutory language regarding effect. | An order vacating the conviction releases the petitioner from all penalties and disabilities arising from the conviction. Ariz. Rev. Stat. § 13-907.01(D)(1). A vacated conviction does not qualify as a historical prior and cannot be alleged for purposes pursuant to section 13-703. Ariz. Rev. Stat. § 13-907.01(E). The petitioner can deny the existence of the record on applications for employment, housing, financial aid, or loans. However, the petitioner must disclose the record on applications for employment that require a fingerprint clearance card. Ariz. Rev. Stat. § 13-907.01(F). | The court will grant the petition for expungement; The department of public safety will seal and separate the expunged record from its records and inform all state and federal law enforcement agencies of the expungement; The arresting and prosecuting agencies must identify in their records that the petitioner was granted an expungement. Ariz. Rev. Stat. § 36-2862(C). | There is no statutory language regarding effect. | There is no statutory language regarding effect. | There is no statutory language regarding effect. | The court shall set aside the adjudication and order that the person be released from all penalties and disabilities resulting from the adjudication except those imposed by the Department of Transportation pursuant to sections 28-3304, 28-3306, 28-3307 or 28-3308. Ariz. Rev. Stat. § 8-348. | The court will discharge the defendant and dismiss the proceedings against them or dispose of the case. Ariz. Rev. Stat. § 13-3422(H). | An entry noting that the person has been cleared is added to all records. Courts and law enforcement agencies shall not release copies or provide access to the records except on order of the court. Ariz. Rev. Stat. § 13-4051(B). Any person who has notice and fails to comply with an order issued pursuant to this section is liable to the person to whom the record belongs for damages from such failure. Ariz. Rev. Stat. § 13-4051(C). | The law enforcement agency issues the petitioner a written declaration that he or she is factually innocent of the charges and is exonerated. The arrest is deemed not to have occurred and the person can answer any question accordingly. Cal. Pen. Code § 851.8(f). |
| Remedy | Seal | Seal | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Set Aside | Delete | Vacate | Expunge | Delete | Delete | Delete | Set Aside | Expunge | Clear | Delete |
