Expungement of Convictions

Felony convictions cannot be expunged from your record. They can, however, be dismissed if you received a deferred imposition of sentence. The dismissal of a deferred felony conviction will not happen automatically – you must petition the court for dismissal once the sentence is complete. You can apply for early termination of a deferred sentence after serving two years or one-half of the deferment, whichever is less. A suspended execution of sentence may be terminated early after serving three years or two-thirds of the time suspended, whichever is less, and a conditional discharge from supervision has been granted by your probation officer.

Misdemeanor convictions can be expunged from your record. You can apply for expungement of a misdemeanor conviction once the terms of the sentence are complete. You must file a petition for expungement in district court. All victims must be given notice of the petition and the opportunity to oppose expungement. Unless the interests of public safety demand otherwise, the district court shall order the records expunged if you have not been charged or convicted of any offense for a period of five years. There are additional exceptions for people enlisted in the military.

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