Record Sealing

• A Category A Felony, a crime of violence, or burglary can be sealed after 10 years from the date of release from custody or the last date of parole or probation (whichever is later).
• A non-violent Category D, C, B Felony can be sealed after 5 years from the date of release from custody or the last date of parole or probation (whichever is later).
• A Category E Felony can be sealed after 2 years from the date of release from custody or the last date of parole or probation (whichever is later).
• A gross misdemeanor can be sealed 2 years from the date of release from custody or discharge from probation (whichever is later).
• Most misdemeanors can be sealed 1 year from the date of release from actual custody or from the date when the person is no longer under a suspended sentence (whichever is later).
• A misdemeanor of battery, harassment, stalking or violation of a protective order can be sealed after 2 years from the date of release from custody or from the date the person is no longer under a suspended sentence (whichever is later).
• A misdemeanor of battery domestic violence can be sealed 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence (whichever is later).

Federal Court does not allow for record seals. Instead, Federal Court allows for expungement of criminal records for minor drug offenses when an offender is under the age of 21. Other than this narrow category of offenses, federal convictions are not able to be expunged unless extraordinary circumstances exist. There may be other options when dealing with past federal convictions. However, these options will vary from case to case and would require researching the facts.

Record sealing is a detail-oriented process that involves filing a petition to the appropriate court. An error in your petition can cause the petition to be delayed or denied. The process of sealing a record usually takes months to complete. Most courts have instructions on their website on how to file your petition for a record seal. However, we can take the stress and burden out of sealing your record. Your Defenders at Law will handle all the paperwork and court appearances so you can be stress free.