Anyone who has been found not guilty, or was involved in a case that was dismissed can apply to the Court to have their official records sealed for that case. The application can be filed any time after a not guilty finding or a dismissal of the charges.
The application must be filed with the Clerk of Court. The Court will set a date for hearing and notify the prosecutor of the hearing. The prosecutor can object to granting the application by fling an objection with the Court prior to the date of the hearing.
The Court will consider whether the person was found not guilty or the complaint was dismissed and whether criminal proceedings are pending against the person. It will also consider the prosecutor’s objections, if any, and weigh the interests of the person in having the records sealed against the legitimate needs of the government to maintain the records.
If the Court believes the factors weigh in the person’s favor, it will issue an order directing that all official records pertaining to the case be sealed.
The Court will send notice of any order to seal records of a case to any public office or agency that the Court believes may have any records of the case.
In any application for employment, license, right or privilege, or any other inquiry, a person may not be questioned about any record that has been sealed in a case in which the complaint was dismissed or the person was found not guilty of an offense. If someone questions the person whose official record was sealed, they can respond as if the arrest and all other proceedings in that case never happened.