Anyone with a criminal conviction can apply to the sentencing court for an expungement and sealing of that conviction if he or she has no prior or subsequent convictions. Most criminal offenses are expungable with certain exceptions. An individual will not be eligible for expungement if the offense for which he was convicted required a mandatory prison sentence, was a sex offense, was an offense of violence, was a felony of the first or second degree, or was an OVI conviction.
If the offender is eligible for expungement, a motion for expungement can be filed on his or her behalf at the expiration of three (3) years after the offender’s final discharge if convicted of a felony and after the expiration of one (1) year if the offender was convicted of a misdemeanor. Upon receipt of this motion, the court will set a hearing and will weigh the interest of the applicant in having the conviction expunged against the government’s interest in maintaining those records.