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RECORD SEALING 
 

     

 

    Persons whose arrests did not result in a conviction may qualify to have their arrest records sealed when: 1) they were arrested but no criminal charges were filed;   2) they were arrested and charged but those charges were dismissed; 3) they successfully completed diversion and the charges were dismissed; 4) they successfully completed DEJ ("Deferred Entry of Judgment") and the charges were dismissed; or 5) they went to trial and were found not guilty. However, record sealing cannot be granted when: 6) the statute of limitations for the offense on which the arrest was based has not expired; 7) the arrest was for murder or another offense that has no statute of limitations; or 8) the person arrested intentionally evaded law enforcement efforts to prosecute the arrest. If a person's eligibility for record sealing is not at issue, the court must seal the case. When eligibility is disputed, the court "in the interests of justice" can still order a case sealed when the arrest caused hardship to the petitioner and evidence before the court confirms the petitioner's good character. A compelling argument that achieving the interests of justice requires record sealing is critical to achieving a favorable outcome in the case.

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