Can I get my record expunged if I went to prison?

Maybe. Beginning January 2023, the fact that you went to prison does not stop you from getting an expungement. Here are a few things to know:

  • Normally, you need to wait 2 years after finishing the sentence before asking for an expungement. This waiting period applies only to the crimes that you went to prison for.
  • When asking the court for expungement, you cannot be serving a sentence for a crime or charged with committing a crime.
  • You cannot be under mandatory supervision, or on parole or probation.
  • Expungement is not available for a crime that requires you to register as a sex offender.

There is also a special type of expungement if you participated in an eligible firefighting program while serving a prison sentence. You may be eligible to expunge the convictions related to that sentence when you are released. There is no 2-year waiting period and you can apply while on probation, parole, or supervised release.


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