When can I apply to seal my record?

There are a few questions to consider when trying to figure out when is the right time to apply to seal your record:

  1. Do you have pending criminal charges? 

The court will not seal your record if you have any pending criminal charges. This means you will need to wait until all charges on your record are completely dealt with, including fulfilling any sentences.

  1. Are you likely to reoffend? 

The court will want to see proof that you have been rehabilitated and aren’t likely to commit another crime in the future. You also need to show that your interest in sealing your record is greater than the government’s interest in keeping those records.

  1. Has your waiting period ended? 

You cannot have your record sealed until your case is “discharged.” This just means that all of your sentence requirements have been fulfilled, including any waiting period that is related to your type of offense. This chart shows the waiting periods for the different types of offenses.