How do I know if I qualify to get my record sealed?
Only certain people can apply to get their record sealed. And for people who can apply, only certain types of offenses are able to be sealed.
First, you need to determine if you are eligible to apply. This can be a complicated process, but there are basically two ways you can be eligible:
You have five (5) or fewer felonies, only 4th or 5th degree, and any number of misdemeanors; or
You have no more than two (2) convictions, with no more than one (1) of these being a felony charge, including some 3rd degree felonies
When the court is looking at your eligibility, they will first look to see if you qualify under the first “pathway” listed above. If you don’t, they will look to see if you qualify under the second.
There are some nuances to these rules. For example, two or more convictions from the same incident are sometimes treated like one conviction. Multiple convictions for related crimes that happened within a short time span (say, a few months) could also be treated as one conviction. So if you think you don’t qualify based on the numbers listed above, you should still talk to a lawyer to see if you may qualify.
Next, you need to determine if your offenses are ones that can actually be sealed.
Usually, any offense can be sealed except for:
Convictions with mandatory prison terms
1st or 2nd degree felonies
Most violent offenses
Most sex offenses, especially those involving a minor
To learn more about who can apply to get their record sealed, and which offenses can be sealed, click here.