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An individual has the right to have his or her record expunged if the prosecuting attorney determines that:

  • The offense was not referred to prosecuting attorney for prosecution;
  • The prosecuting attorney dismisses the charge without seeking an indictment or filing an accusation;
  • No other criminal charges are pending;
  • The individual has not been previously convicted of the same or a similar offense.


The record will not be expunged if the charges were nolle prossed, dead docketed or otherwise dismissed because:

  • Of a plea agreement resulting in conviction for an offense arising out of the same underlying transaction;
  • The government was barred from introducing material evidence;
  • A material witness refused to testify or was unavailable;
  • Individual was incarcerated on other criminal charges and the prosecuting attorney elected not to prosecute;
  • The conduct was part of a pattern or criminal activity; or
  • The individual had diplomatic or similar immunity.

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