Federal

Loss & restoration of civil/firearms rights:  State law governs loss and restoration of voting rights for people with state and federal convictions.  Federal jury eligibility is lost upon conviction in state or federal court of a crime punishable by more than one year if a person’s “civil rights have not been restored.”  State jury eligibility for people with state and federal convictions is governed by state law.  Federal law does not prevent holding federal office based on a conviction.  State law governs eligibility for state public office for people with state and federal convictions.

Federal law prohibits possession of firearms for persons convicted in any court of a crime punishable by imprisonment for a term exceeding one year or of a domestic violence offense.  Restoration of this right is available under 18 U.S.C. §§ 921(a)(20) & (33) (if a conviction is expunged, set aside, pardoned, or had civil rights restored unless the restoration expressly prohibits firearms rights).  Under this law, federal offenses may only be restored by presidential pardon.  An ATF firearms restoration mechanism under 18 U.S.C. § 925 has not been funded by Congress since 1990.  Read more

Pardon policy & practice:  Presidential pardons have been sparing and the federal pardon process irregular in recent years.  The president’s authority to pardon is unlimited, although he historically has relied upon advice from the Department of Justice.  Under Justice rules, a person becomes eligible to apply five years after sentence or release from confinement; there is no public hearing, and no limited on time for decision.  A pardon relieves legal disabilities and signifies rehabilitation, but it does not expunge or seal record.  Pardons have been infrequent and irregular since 1990.  Read more

Expungement, sealing & other record relief:  No statute authorizes sealing or expungement (with one narrow exception), and federal courts have very limited inherent authority to grant record relief.  Deferred adjudication and expungement authorized for first misdemeanor drug possession if under age 21 at time of offense.  Read more

Criminal record in employment & licensing:  Only statutory limitation in Title VII of the Civil Rights Act, implied from provision barring employment discrimination on grounds of race.  Read more

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Alabama 

Loss & restoration of civil/firearms rights:  All civil rights are lost upon conviction of any “felony involving moral turpitude,” defined for purposes of voting as 47 enumerated offenses.  Upon application to the Board of Pardons and Paroles (BPP), individuals who have completed their sentence are issued a “certificate of eligibility to register to vote,” except that those convicted of murder and sex offenses must apply to the BPP for a pardon.  Jury and office eligibility are restored only by pardon.  People with federal and out-of-state offenses may apply to BPP for restoration of voting rights and for pardon.  Handgun rights are lost upon conviction of a “crime of violence,” and are restored only by pardon.  Read more

Pardon policy & practice:  Several hundred pardons are issued every year, a high percentage of those who apply, and the process is regular.  An independent board appointed by governor exercises pardon power except in capital cases; board must make annual report to governor.  Eligibility upon completion of sentence.  Application a simple form filed with local probation office that is “intended to facilitate application by individuals who lack formal education.”  People with federal and out-of-state offenses may apply for restoration of rights.  Public hearing required, with reasons given; separate paper procedure for restoration of rights.  Pardon process takes about one year.  More than 500 full pardons each year, 80% of those who apply, plus many more rights restorations.  Read more

Expungement, sealing & other record relief:  No general authority to expunge or seal adult convictions.  Expungement of non-conviction records of non-violent felony and misdemeanor charges, including cases where charges were dismissed after successful completion of a drug court program, mental health court program, diversion program or veteran’s court program.  There is a 90-day waiting period and an administrative fee of $300.  If the prosecutor or victim object a hearing shall be held, and in any case the court has discretion whether to grant relief.  Felony charges (including violent) resulting in acquittal may also be expunged.  Proceedings expunged “shall be deemed never to have occurred,” except that they must be disclosed to any government regulatory or licensing agency, any utility and its agents and affiliates, or any bank or other financial institution.  Records of delinquency adjudications may be sealed two years after final discharge if conduct (including priors) did not involve violence or sexual misconduct.  Read more

Criminal record in employment & licensing:  An individual who is legally barred from obtaining a particular occupational license due to a conviction may apply for a merit-based reconsideration. The individual must apply to the circuit court for this reconsideration, termed an “Order for Limited Relief.”  Before this authority was enacted in 2019, there was no law to help individuals overcome barriers to obtaining an occupational license, except that individuals can challenge denial of certain licenses by successfully arguing there was no direct relationship between their conviction and the desired occupation or license.  Alabama does not currently have other laws adopted in many states that address broader employment or licensing concerns, such as procedural and substantive limits on consideration of criminal records (i.e. fair chance licensing reforms, ban-the-box etc.).  Moreover, there are no laws that prevent criminal records subject to a pardon or civil rights restoration from being used to deny or limit employment or licensing.  Even if they are expunged, criminal records must be disclosed to occupational licensing agencies.  Read more

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 Alaska

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Loss & restoration of civil/firearms rights:  The rights to vote, hold office, and serve on a jury are lost upon conviction of any felony, and restored upon completion of sentence.  A person with a felony conviction (or juvenile equivalent) may not possess a concealable weapon for 10 years following discharge (rights lost permanently if offense is one against the person), unless conviction set aside or pardoned.  Read more

Pardon policy & practice:  Pardons in Alaska have been rare in recent years.  The pardon power is vested in the governor, subject to consultation with the parole board and a 120-day waiting period.  The parole board investigates, consults with DA and sentencing court, and prepares a confidential recommendation to governor.  There is no provision for a hearing.  There have been no pardon grants in Alaska since 2006, when the pardon program was suspended indefinitely.  Despite the establishment in January 2018 of a rigorous administrative review process, there have been no grants since then.  Read more

Expungement, sealing & other record relief:  Alaska has no statute authorizing sealing or expungement of adult convictions or non-conviction records.  Provisions for deferred sentencing result in set-aside upon successful completion of probation, and courts may also defer judgment looking toward dismissal of charges.  These and other non-conviction records may not be made publicly available without the consent of the subject, but sealing is authorized only in cases of mistaken identity or false accusation.  Most juvenile records are sealed within 30 days of 18^th birthday, or five years after completion of sentence if charged as an adult.  Read more

Criminal record in employment & licensing:  Licensing entities may not consider pardoned convictions, although they may consider the underlying conduct.  Alaska does not currently have other laws adopted in many states that address broader employment or licensing concerns, such as procedural and substantive limits on consideration of criminal records, although a direct relationship test is applied in some disciplinary actions.  Moreover, there are no laws that prevent criminal records subject to civil rights restoration from being used to deny or limit employment or licensing.  Read more

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Arizona

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Loss & restoration of civil/firearms rights:  The right to vote, hold office and sit on a jury are lost upon conviction of any felony.  These civil rights restored to those convicted of only one felony upon completion of sentence and payment of restitution (not fine).  Those convicted of two or more felonies, or who have not paid restitution, must apply for restoration from the court after a two-year waiting period.  People with federal offenses are eligible for relief from the court where they reside, but those convicted in other states must regain rights where they were convicted.

All firearms rights lost upon conviction of any felony; may be regained for non-serious offenses from the court through a set-aside or restoration of rights two years after discharge. Persons convicted of a “serious offense” must wait 10 years, and those convicted of a “dangerous offense” may not regain firearms rights from the court, but only through pardon.  Read more

Pardon policy & practice:  The governor may not issue a pardon except upon the affirmative recommendation of the Board of Executive Clemency.  The Board conducts a public hearing, and publishes its recommendations to the governor, with its reasons.  The governor must report pardons, with reasons, to the legislature.  Pardon relieves legal consequences of conviction, but does not expunge the record.  Pardons have been increasingly infrequent since 1990.  Read more

Expungement, sealing & other record relief:  Set-aside and dismissal of charges are available from the sentencing court upon discharge for all but violent and sex offenses; relieves collateral consequences, including firearms rights for non-serious felonies, but conviction must be disclosed and serves as predicate offense.  Juvenile adjudications may be set aside upon reaching 18 years of age and discharge from sentence, except for serious violent offenses; remain predicate offense.  There is no authority for sealing or expunging non-conviction records, except in cases where someone has been wrongfully arrested or charged.   Read more

Criminal record in employment & licensing:  A person may be disqualified from public employment only if “the offense has a reasonable relationship to the functions of the employment or occupation for which the license, permit or certificate is sought.”  State hiring is subject to a ban-the-box process by executive order.

A comprehensive 2018 law established standards for occupational licensure linked to public safety, and a procedure for obtaining a preliminary determination of eligibility.  Misdemeanors and non-conviction records may not be considered, and less serious felonies that have been set aside also may not be considered.  Beginning in 2019, licensing agencies must report to the legislature on the number of applications received from and granted to persons with a criminal record.  In 2017 provisional licenses were authorized.  Read more

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Arkansas

Loss & restoration of civil/firearms rights:  The rights to vote and serve on a jury are lost upon conviction of any felony; eligibility for public office is lost upon conviction for certain crimes involving dishonesty and malfeasance in office.  Vote restored by completion of sentence; jury eligibility restored by pardon; eligibility for office restored in some cases by sealing/expungement.  All firearms rights are lost upon any felony conviction, and restored by pardon only if expressly provided, or by sealing/expungement in limited cases.  Read more

Pardon policy & practice:  Pardons are frequent and the process regular and governed by statute.  The governor must consult parole board before granting a pardon, but its recommendation is not binding.  The board and governor must each give 30 days’ public notice of intention to recommend or grant, respectively, stating their reasons, and the governor must report to the legislature on all grants.  Pardon relieves legal disabilities (except right to hold office) and is grounds for for automatic sealing; pardoned conviction may not serve as predicate or to enhance subsequent sentence.  Firearms rights must be expressly restored.  Pardons are issued on a regular monthly basis throughout the year, about 100 each year.  Read more

Expungement, sealing & other record relief:  Minor felonies and drug convictions are eligible for sealing after five years; misdemeanors and certain drug convictions are eligible after completion of sentence (presumption in favor of sealing); prostitution convictions as a result of being a victim of human trafficking are eligible for sealing at any time.  Serious violent and sexual offenses are not eligible for sealing, nor are motor vehicle violations committed by holder of a commercial driver’s license. Deferred adjudication for first-time offenses may result in sealing (serious violent offenses and certain sex offenses ineligible).  Uncharged arrests (after one year) and other non-conviction records must be sealed by the sentencing court unless there is a public safety risk.  Expungement (destruction) of records is available in for juvenile cases and after completion of drug court.  Read more

Criminal record in employment & licensing:  Under 2010 law, non-conviction records, most misdemeanors, and convictions that have been expunged or pardoned may not be considered in licensing decisions.  Other convictions may be considered but may not bar licensing; five years following completion of sentence is “prima facie evidence of rehabilitation.”  A licensing board must give reasons for denial in writing if based on conviction.  In 2019, law tightened substantially to prohibit consideration of most serious convictions that have been sealed or pardoned, to provide standards for waiver.  Most convictions may not be considered after 5 crime-free years, and vague “good character” standards prohibited.  Read more

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California

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Summary:

Loss & restoration of civil/firearms rights:  The right to vote is lost upon conviction of any felony if sentenced to a term of imprisonment, not including those serving felony sentences in county jail, and restored upon completion of parole term.  Jury eligibility is lost upon conviction of malfeasance in office or any felony, and restored for civil trials upon completion of sentence including parole or other community supervision.  Eligibility for public office lost upon conviction of bribery and other malfeasance in office, restored only by pardon.  All firearms rights lost upon conviction of any felony or misdemeanor involving violent use of a firearm; restored by pardon except when underlying offense involves use of a dangerous weapon.  Certain misdemeanor offenses, including crimes involving a weapon or domestic violence, result in loss of firearms rights for a period of 10 years.   Read more

Pardon policy & practice:  The governor’s power to pardon first felony offenders is unlimited, although he may consult with the parole board; for those with more than one felony, the board must be consulted and a pardon may not issue except upon the affirmative recommendation of four supreme court justices.  A judicial Certificate of Rehabilitation is ordinarily the first step in the pardon process, and the parole board must make a recommendation to the governor within one year of receiving certificate.  Pardon restores civil rights and removes occupational bars but does not expunge record; firearms rights are restored separately.  Read more

Expungement, sealing & other record relief: Courts may dismiss charges or set aside convictions for several categories of minor offenses, including those sentenced to probation or to a term in county jail. Certain minor felonies may also be reduced to misdemeanors and become eligible for dismissal or set-aside, including felonies for which sentencing deferred (“wobblers”).  This relief does not seal record, but restores rights and removes disabilities, and has other employment-related benefits.  Conviction may still be used as predicate offense and must be disclosed in certain contexts.

Sealing available for certain under-age misdemeanors and most juvenile adjudications after five years (if found to be rehabilitated and no subsequent convictions of felony or crime of moral turpitude).  Records of decriminalized marijuana convictions may be dismissed and sealed. Records of human trafficking arrests and convictions may be vacated and expunged after three years.  Mandatory sealing of most non-conviction records upon petition, and juvenile misdemeanor arrest records must be sealed upon request.

Effective January 1, 2021, a process for automatic record relief will take effect for both convictions and non-conviction records occurring after that time.  In addition, limits on court and repository dissemination of dismissed and sealed records will also take effect at that time.

Certificate of Rehabilitation (COR) available to people with state offenses from court in county of residence or court of conviction after crime-free waiting period of 7-10 years residence, and satisfaction of other statutory criteria.  COR relieves certain licensing restrictions as well as obligation to register as sex offender, and serves as first step in the pardon process.  Read more

Criminal record in employment & licensing:  State licensing boards may not deny (or suspend or revoke) license solely on basis of conviction that is not “substantially related” to the qualifications for the license.  It also may not deny if charges have been dismissed or set aside, if the applicant has received a COR, or if the person is “deemed rehabilitated” by licensing board standards.  Investigative Consumer Reporting Agencies Act limits reporting by background checking companies.

Fair Employment and Housing Act (FEHA) imposes state-wide ban-the-box law for public and most private employment (no inquiry into conviction history until applicant receives a conditional offer). Consideration of certain non-conviction records, including dismissed and set-aside convictions, may be an “unfair employment practice” under FEHA and subject to administrative enforcement.  FEHA also requires employers to conduct individualized assessments to determine whether conviction has a “direct and adverse relationship with the specific duties of the job” so as to warrant denial of employment.  Additional procedural requirements apply in the event the employer decides to reject an applicant based on their conviction history.  Read more

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Colorado

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Summary:

Loss & restoration of civil/firearms rights:  The right to vote is lost following conviction of a felony only while actually incarcerated.  Effective August 2, 2019, HB 19-1266 restored the vote to parolees, and requires parole authorities to inform people leaving prison of their right to vote and how to register.  Eligibility to hold office is lost if sentenced to a prison term, through a period of parole.  Eligibility to sit on a jury is not affected by conviction.  All firearms rights lost upon felony conviction; restored by pardon.  Read more

Pardon policy & practice:  Governor’s constitutional pardon power is subject to regulation in the manner of applying.  By statute, before acting favorably on an application the governor must seek the views of the district attorney, sentencing judge, and prosecuting attorney; he must report all grants to the legislature, with reasons for each action.  There is no formal system for administering the pardon power, and the governor is advised by a non-statutory 7-member board of his appointees, including corrections and law enforcement officials.  Applications are generally not accepted until 10 years after completion of sentence, and there is no hearing.  Pardon restores civil rights and firearms rights, signals rehabilitation and good character.  Exercise of power irregular and infrequent in recent years.  Read more

Expungement, sealing & other record relief:  Under a comprehensive revision of Colorado’s sealing laws in 2019, most convictions from petty offenses to all but serious felonies, including but not limited to drug crimes, are eligible for sealing.  Eligibility waiting periods range from one year in the case of petty offenses, to three years for misdemeanors and lower-level felonies, to five years for all other eligible felonies.  Minor drug felonies may be vacated and reduced to misdemeanors, making many of them eligible for sealing.  Mandatory sealing of decriminalized misdemeanor marijuana offenses.  Non-conviction records must be sealed where charges completely dismissed or person acquitted. Deferred sentencing dispositions may also lead to sealing.  Defendants may move immediately and informally to have records sealed at the time of acquittal or dismissal of all charges, including dismissal pursuant to diversion or deferred sentencing.

Juvenile record expungement mandatory in the case of most petty offenses and misdemeanors, or where no conviction results; expungement discretionary for low-level felonies after eligibility waiting period, which is longer for people with repeat offenses.

In addition to record-closing relief, sentencing courts are authorized to grant relief from collateral consequences at or after sentencing in most cases.  Read more

Criminal record in employment & licensing:  Conviction of felony or other offense involving moral turpitude cannot, by itself, prevent a person from obtaining public employment, or from receiving a license or permit required to pursue any profession or business in the state.  Language added to the law in 2018 prohibits a licensing agency or public employer from adverse action based on non-conviction records; convictions that have been pardoned, sealed or expunged; or convictions as to which a court has issued an order of collateral relief.  Licensing agencies have authority to grant conditional licenses to individuals with a criminal record.  General Assembly reviews agency licensing and certification processes to determine whether they disqualify applicants based on criminal history and if so whether such disqualification serves public safety or commercial or consumer protection interests.

State-wide ban-the-box for public employment, with some exceptions (no background check until applicant is finalist or conditional offer made).  Certain records (including non-conviction records) may not be considered in public employment decisions, and detailed standards apply to consideration of others.  Effective September 1, 2019, private employers with 11 or more employees also subject to state-wide ban-the-box on initial application forms (all private employers by effective September 1, 2021).  At later stages of the hiring process, private employers may consider all criminal history and at any time may review publicly accessible criminal history reports.  Employers protected from negligent hiring suits.  Read more

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Connecticut

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Summary:

Loss & restoration of civil/firearms rights:  Vote and office eligibility lost upon conviction of any felony only if sentenced to a term of imprisonment; jury eligibility lost upon conviction of any felony.  Vote and office eligibility restored upon completion of prison sentence, including parole, and payment of fine, except that vote remains lost while on probation for election law offense.  Jury eligibility automatically restored seven years after conviction unless person remains incarcerated.  Handgun rights lost upon any felony conviction and “serious juvenile offenses;” restored by pardon.  Read more

Pardon policy & practice:  Pardons are issued by an independent board appointed by governor, which also issues lesser relief styled in applicable statute a “provisional pardon” or “Certificate of Rehabilitation” (referred to by board as “Certificate of Employability”).  Eligibility for pardon five years after completion of sentence for felonies, three years for misdemeanors. Public hearing is required for more serious offenses, but since 2015 an expedited process has dispensed with the requirement of a hearing for about 2/3 of those that apply and are eligible.  Pardon relieves all legal disabilities, and is the basis for a court order “erasing” the conviction.  Certificates of rehabilitation/employability are available at any time after sentencing to remove mandatory bars to certain employment or licensure, and are available to individuals with out-of-state and federal convictions. The overall pardon grant rate for those deemed eligible has increased in the past five years from under 50% in 2013 to over 75% in 2018.  Read more

Expungement, sealing & other record relief:  Several deferred adjudication programs may result in “erasure” of record, with records destroyed after three years. Pardoned offenses erased three years after final disposition of criminal case. After two to four-year waiting period, people with juvenile offenses at least 17 years of age may petition for erasure of police and court records if no subsequent convictions.  Non-conviction records erased.  Read more

Criminal record in employment & licensing:  Public employers and licensing authorities, with limited exceptions, may not disqualify an applicant automatically on the grounds of a prior conviction.  Private employers may not deny employment solely on basis of conviction if provisionally pardoned or granted certificate of rehabilitation. Inquiry into erased convictions prohibited. State-wide ban-the-box in public and private employment, with some exceptions (no inquiry into criminal history on initial application). Read more

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Delaware

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost upon conviction of any felony and certain misdemeanor election law violations; jury eligibility lost upon conviction of any felony; office eligibility lost upon conviction of any “infamous crime” as determined by a court.  Vote restored upon completion of sentence for most felonies, ten years for election law violations, and by pardon only for certain violent felonies. Jury eligibility restored by pardon.  Pardon of limited effect in restoring office eligibility.  All firearms rights lost upon conviction for crimes of violence, drug offenses, and domestic violence crimes; restored only by pardon.  Read more

Pardon policy & practice:  The governor may not act without an affirmative recommendation from a clemency board composed of senior government officials, chaired by the lieutenant governor.  Persons are eligible to apply 3-5 years following completion of sentence, and earlier in extraordinary circumstances.  Public hearings are held at regular monthly intervals, and board recommendations and reasons are announced at hearing.  Process takes about 6 months. Pardon relieves all legal disabilities except constitutional provisions barring someone convicted of “infamous crime” from holding state office.   More than 300 pardons have been granted annually in recent years, about 80% of those whose cases went to hearing.  Read more

Expungement, sealing & other record relief:  Mandatory automatic expungement by State Bureau of Investigation upon application of non-conviction records, including probation before judgment, and for some misdemeanors or violations, decriminalized marijuana crimes. Discretionary expungement by the court in more serious misdemeanors and non-violent felonies, and for pardoned convictions, with burden on petitioner to show “manifest injustice.”  Records of juvenile adjudications may be expunged under a similar bifurcated scheme, some subject to mandatory expungement, others discretionary.  Read more

Criminal record in employment & licensing:  Denial or revocation of professional licenses based upon criminal conviction requires that the crime be “substantially related” to the profession or occupation at issue.  State-wide ban-the-box law for public employment, with certain positions exempt (no inquiry into or consideration of criminal history until conditional offer made).  Read more

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District of Columbia

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Summary:

Loss & restoration of civil/firearms rights:  Vote and office eligibility lost only during incarceration following conviction of any felony and certain misdemeanor election law offenses; jury eligibility lost upon conviction of any felony.  Vote and office eligibility restored upon release; jury eligibility may be restored one year after completion of sentence.  All firearms rights lost for five years for drug offenses or crimes involving threats of bodily harm and lost permanently for certain classes of sex offenses, crimes of violence, and weapons offenses.  Restored by pardon.  Read more

Pardon policy & practice:  Only the President can pardon D.C. Code criminal offenses.  Five-year eligibility period (after completion of sentence or release from confinement).  Applications submitted to Justice Department Pardon Attorney, with no time limit on process.  In 2018 a specialized clemency board to consider only D.C. Code offenses was established by the D.C. City Council, but it has not been funded.  Presidential pardons for people with D.C. Code offenses have been extremely rare in the past thirty years.  Read more

Expungement, sealing & other record relief: Court authorized to seal record of selected misdemeanor and felony “failure to appear” convictions, after waiting period that depends on prior or subsequent record.  Sealing of non-conviction records after waiting period that varies from two to 10 years, depending on prior or subsequent record.  Deferred sentencing cases may not be sealed if prior or subsequent arrest or conviction for broad range of “disqualifying” offenses.  Sealing of juvenile adjudications upon reaching age 18 after a two-year waiting period if no subsequent convictions.  More read

Criminal record in employment & licensing:  Public and private employers with more than ten employees are prohibited from inquiring into non-conviction records at any time, and prohibited from inquiring into and considering conviction history until after making conditional offer of employment (certain positions exempt). For conviction to form basis of licensure denial, the crime must “bear[] directly upon the fitness” of the person to be licensed.  Read more

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Florida

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony; vote restored upon completion of sentence, including payment of court debt and restitution.  Office and jury restored by pardon ten years after completion of sentence, or by restoration of rights five years after completion of sentence or seven years for serious offenses.  All firearms rights lost upon conviction of any felony; restored by pardon after eight-year waiting period.  Read more

Pardon policy & practice:  The governor and three cabinet officials act as pardon board; governor decides with concurrence of two of those officials.  Governor must report pardons and grants to restore civil rights (RCR) to legislature.  Pardon eligibility begins ten years following completion of sentence; restoration of rights eligibility five to seven years after completion of sentence, depending on seriousness of offense; firearms restoration eight years after completion of sentence.  Public hearing required for pardon, and for restoration of voting rights for more serious offenses.  About 300-400 RCR grants annually; pardons granted sparingly in recent years.  Read more

Expungement, sealing & other record relief:  Sealing (limited access) is available for non-conviction records, including records of deferred adjudication (“withholding adjudication of guilt”) if no prior convictions and no prior sealings/expungements.  Sex offenses and certain violent offenses ineligible. Expungement (destruction) of sealed records is available after 10 years, and immediately in the case of acquittals.  Expungement also available for juvenile first offenses upon successful completion of diversion program, and for others as early as age 24.  Also for victims of human trafficking.  Read more

Criminal record in employment & licensing:  In general, conviction may be basis for disqualification from licensure or public employment only if their crime is one that is “directly related” to the job as determined by each licensing agency.  Bars to employment or licensure in health and related professions may be waived.  Read more

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Georgia

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony involving moral turpitude.  Vote restored upon completion of sentence; jury eligibility restored by pardon or by restoration of civil rights ten years after completion of sentence if no subsequent conviction; office eligibility restored by pardon or by restoration of civil rights.  All firearms rights lost upon conviction of any felony.  People with first offenses may apply for license ten years after completion of sentence, five years after deferred adjudication, or otherwise by pardon.  Read more

Pardon policy & practice:  An independent board appointed by the governor exercises the pardon power, reporting annually to legislature, the governor, and the attorney general.  The board issues pardons both with and without restoration of firearms rights, and also restorations of civil and political rights.  Pardon also is effective to remove from the sex offender registry.  Eligibility for pardon five years after completion of sentence (including payments of court debt), restoration of rights after two years, and sex offenders after 10 years.  Board conducts paper review, decides by majority vote, and issues a written decision.  Pardon relieves all legal disabilities except return to public office.  In recent years between 400 and 600 pardons and restorations have been granted each year, about 60% with firearms restoration.  Read more

Expungement, sealing & other record relief: No provision for expungement of adult convictions or arrests, but access to certain records may be “restricted” by repository followed by sealing of court records upon petition, for first offense drug possession, youthful offense misdemeanors, defendants in “accountability courts,” and non-conviction records.  Deferred adjudication for first felony offenses may lead to “complete exoneration” with all rights restored, restriction of records and, since 2016, sealing of court records.  Sealing of juvenile records after two years with finding of rehabilitation.  Read more

Criminal record in employment & licensing:  Felony conviction that does not directly relate to occupation at issue may not be grounds for refusing or revoking license. Ban-the-box law for public employment, by executive order, with certain positions exempt (eliminates criminal record question from application).  Read more

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Hawaii

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost following felony conviction only while actually incarcerated; jury and office eligibility lost upon conviction of any felony.  Vote restored upon release from incarceration; jury eligibility restored upon completion of sentence; office eligibility restored by pardon.  All firearms rights lost upon conviction of any felony, drug crime, or crime of violence; restoration by pardon only if express.  Read more

Pardon policy & practice:  Governor decides and is authorized but not required to consult the parole board which conducts an investigation (including an interview with the applicant but no public hearing). Parole board makes a recommendation to the attorney general’s office, which conducts its own investigation and makes a recommendation to the governor.  Five-year eligibility waiting period, all fines paid and no pending charges.  Pardon relieves all legal disabilities but does not expunge the record.  Pardons infrequent in recent years.  Read more

Expungement, sealing & other record relief:  Expungement after one year for people with nonviolent first offenses who receive deferred adjudication and for certain first time minor drug offenses.  Juveniles may move court for expungement; records of adjudications are automatically sealed.  Court may expunge non-conviction records.  Read more

Criminal record in employment & licensing:  Discrimination based on conviction barred under state fair employment practices law.  Only crimes committed within 10 years may be considered if there is a rational relationship to job or occupation, with certain exceptions; arrest records may not be considered at all.  Ban-the-box for public and private employment (no inquiry into criminal history until conditional offer made; may consider conviction record within last 10 years but may withdraw offer only if conviction has “rational relationship” to duties).  Read more

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Idaho

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon sentence of custody for felony, including suspended sentence; restored upon completion of custody sentence, plus period of parole or probation.  Firearms rights lost only during period of sentence except for certain serious violent crimes, for which restoration is done through application to pardon board five years after completion of sentence.  Read more

Pardon policy & practice:  Independent board appointed by governor decides for all but most serious offenses, which must be approved by the governor.  Eligibility begins three years after completion of sentence for non-violent offenses and five years for violent offenses.  Relieves legal disabilities, but does not restore firearms rights. Pardons issued regularly and relatively frequently.  Read more

Expungement, sealing & other record relief: Broad authority to reduce felonies to misdemeanors five years after successful completion of probation (or earlier if prosecutor stipulates to reduction).  Also broad authority in court to defer adjudication and vacate plea but record not expunged or sealed.  Certain people with sex offender registration requirements may petition for removal from registry after 10 years.  Juvenile convictions, except for serious offenses, may be expunged after a waiting period.  Non-conviction records may be sealed, except for charges dismissed pursuant to deferred adjudication.  Read more

Criminal record in employment & licensing:  No general law limiting or regulating consideration of conviction.  Read more

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Illinois

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost while actually incarcerated following any felony conviction; jury service not lost; office lost upon conviction of any felony.  Vote restored upon release from incarceration; office restored upon completion of sentence for statewide offices (except for crimes involving election fraud) and by pardon only for other offices.

All firearms rights lost upon any felony conviction; restored by state police after 20 years under certain conditions, or by pardon.  Read more

Pardon policy & practice:  Governor decides and may consult prisoner review board.  No eligibility requirements.  Public hearings are held regularly, and confidential recommendations are forwarded to the governor.  Pardon relieves all legal disabilities and expunges record if pardon expressly authorizes.   Board hears 500-600 applications each year, 30% from people with misdemeanors.  Process regular but frequency of grants varies with administration.  Read more

Expungement, sealing & other record relief:  Sealing available for most misdemeanors, felonies, and deferred adjudication after three-year waiting period.  Exceptions for a handful of listed serious offenses.  Sealing makes records unavailable without court order but does not destroy.  In deciding whether to seal or expunge records, judges may consider specific collateral consequences the individual is facing, the person’s age and employment history, and the strength of the evidence supporting the conviction. Pardon may authorize judicial expungement (physical destruction of records).  Sealing of non-conviction records available immediately upon disposition; expungement after waiting period if no prior convictions.  Most juvenile records expunged automatically after brief waiting period that varies based on offense; non-expunged records are sealed (but may be shared with school authorities).

Courts also authorized to issue certificates to relief licensing restrictions (“certificate of relief from disabilities”) and Certificates of Good Conduct.  People with out-of-state and federal offenses eligible for former but not latter.  Read more

Criminal record in employment & licensing:  Effective January 1, 2020, Human Rights Act amended to bar discrimination in employment and real estate transactions based on 1) arrest not leading to a conviction; (2) a juvenile record; or (3) criminal history record information ordered expunged, sealed, or impounded.  Negligent hiring protection where employer relied on certificate of relief from disabilities.  Statutory ban-the-box for private employment (no inquiry into criminal record until first interview or at point of offer); by executive order for public employment (no inquiry into criminal history on employment application).

In 2017 comprehensive standards on licensing enacted for most non-healthcare licenses, including requirement that certain mitigating factors be considered and written reasons be given for denial.   Certain records may not be considered. including sealed or expunged records.  These general standards also extended to a number of specific licenses.  Prior to 2017, limits on consideration of conviction in connection with occupational licensing applied only to certain licenses and only where a person had received a certificate of rehabilitation.  Read more

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Indiana

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Summary:

Loss & restoration of civil/firearms rights:  Vote and jury service lost while actually incarcerated following conviction of any “infamous crime;” office lost upon conviction of any felony, and court may include 10-year ban from holding office or position of trust for misdemeanor bribery, conflict of interest, or official misconduct.  Vote and jury service restored upon release from incarceration; office restored by pardon.  Handgun rights lost upon conviction of any felony or domestic battery conviction; can be restored by state police 15 years after offense, or by pardon.  Read more

Pardon policy & practice:  Parole board has authority to review applications and make advisory recommendations to the governor, who must report annually to legislature at next scheduled meeting.  Board notifies victims, court, and prosecutor, and conducts an investigation and holds hearing where petitioner and interested parties are given an opportunity to be heard.  Recent governors have required a five-year waiting period and evidence of rehabilitation, with a 15-year waiting period for firearms restoration. Pardon alleviates punishment, and serves as basis for automatic expungement.  Pardons are infrequent.  Read more

Expungement, sealing & other record relief:  Mandatory judicial expungement of non-conviction records, misdemeanors, and less-serious felonies, if eligibility criteria met; discretionary expungement of more serious felonies.  Expungement eligibility periods range from one to ten years, based on severity of offense.  After expungement, non-conviction records, and records of misdemeanors and minor felonies are sealed; more serious felonies remain public but marked as expunged. Administrative sealing of convictions from state police after 15 years.  Pardon is automatic basis for expungement.  Deferral or continuance of prosecution for a “drug abuser” or “alcoholic” charged with a less serious felony, if they have no more than one prior conviction. Court may expunge juvenile records at any time upon petition.  Read more

Criminal record in employment & licensing:  Broad nondiscrimination protection for expunged and sealed offenses in employment process. Fair Credit Reporting Act limits reporting by background checking companies where record has been expunged.  Ban-the-box by executive order for executive branch employment (no inquiry into criminal history on initial job applications, unless conviction precludes employment in particular job); but 2017 law also prohibits local ban-the-box laws. Negligent hiring protection for expunged and sealed offenses as well as criminal history that does not directly relate to underlying civil action.

Reforms applicable to occupational and professional licensing enacted in 2018 require licensing agencies to enumerate disqualifying convictions, which must specifically and directly relate to the duties of the occupation; terminate disqualification after five years (except crimes involving sex or violence); apply specific standards to determine whether a license should be granted; and give written reasons for denial and an opportunity for a hearing.  Requirements also extended to licenses granted by units of county and local government.  Read more

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Iowa

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Summary:

Loss & restoration of civil/firearms rights:  Vote and office lost upon conviction of any “infamous crime,” which is one punishable by imprisonment; jury service not lost but conviction may serve as basis for challenge.  Vote and office restored by gubernatorial restoration of rights or pardon.  All firearms rights lost upon conviction of any felony or serious misdemeanors; restored by gubernatorial restoration of rights or by expungement after a five-year waiting period or by pardon.  No restoration for forcible felonies or firearms offenses.  Read more

Pardon policy & practice:  The governor’s pardon power is subject to regulation, and he is required to consider non-binding recommendations from the parole board.  The governor must report to the legislature every two years on his pardons, with the reasons for each one.  Application may be submitted any time, but policy of governor’s office to require ten years after completion of sentence before pardon will be considered; five-year waiting period for firearms restoration; no waiting period for restoration of rights.  People with out-of-state and federal offenses are eligible for restoration of rights, but they may also have rights restored in the jurisdiction of conviction.  Pardons relieve legal disabilities but do not result in expungement or sealing.  Relatively few people apply for pardon or restoration of firearms, but a substantial percentage (30%) of those who do apply get relief.  Read more

Expungement, sealing & other record relief:  Effective July 1, 2019, many misdemeanors may be expunged after eight years, if no pending criminal charges and no more than one deferred judgments, and if all court debt paid. Deferred judgment followed by expungement for first offenses.  A person acquitted of all charges or whose charges have been dismissed is entitled to have the record expunged after 180 days.  Automatic expungement of juvenile records at age 21 if no subsequent offenses; sealing of juvenile records at age 18 upon petition after a two-year waiting period with no subsequent offenses. Juvenile adjudication records are presumptively confidential if they do not involve forcible felony.  Read more

Criminal record in employment & licensing:  No general law regulating consideration of conviction in employment or licensure, but state applies a “direct relationship” test in connection with some licenses, and has certain lower barriers to licensing based on conviction for electrician, plumber, mechanical, contractor, and barbering licenses.  Read more

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Kansas

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony; restored upon completion of sentence, except that jury eligibility lost for a minimum of 10 years after conviction.

All firearms rights lost upon conviction of a “person felony” or drug offense if a firearm was carried at time of offense; five-year or 10-year restrictions for other person felonies; 10-year restrictions for non-person felonies only if committed with a firearm.  Restoration by pardon or expungement.  Read more

Pardon policy & practice:  The governor is required to consult with the prisoner review board, but its advice is not binding.  The governor must report pardons, but not reasons, to legislature each year.  There are no eligibility requirements, and no hearing, but applicants are required to publish application in a newspaper in the county of conviction and to provide notice to prosecutor, judge, and victims.  Pardon removes legal disabilities but does not expunge conviction.  Pardons rare (expungement preferred relief).  Read more

Expungement, sealing & other record relief:  Expungement available for most convictions, excluding serious violent and sex offenses, following a 3–5 year waiting period;  presumption in favor of expungement if court makes certain findings; no expungement for those required to register.  Juvenile expungement, except for most serious offenses, after age 23 and after a two-year waiting period with no subsequent offenses.  Non-conviction records may be expunged on petition to court, subject to certain court-ordered grounds for disclosure.  Read more

Criminal record in employment & licensing:  It is a misdemeanor criminal offense for an employer to inquire into an applicant’s criminal record without the applicant’s consent. Conviction may be considered in licensure & certification but may not operate as a bar.  Most licensing boards must list disqualifying crimes, less serious offenses may not be considered after five years, and non-conviction records may not be considered at all.  Aspirants may seek preliminary informal, written advisory opinion as to whether conviction will be disqualifying, for which a maximum fee of $50 may be charged.  Read more

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Kentucky

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Summary:

Loss & restoration of civil/firearms rights:  Vote and jury service lost upon conviction of any felony; office lost upon conviction of any felony or “high misdemeanor.”  All civil rights restored by pardon or gubernatorial restoration of rights.  All firearms rights lost upon conviction of any felony after 1994 (handguns only for felony convictions between 1975 and 1994); restored by pardon.  Read more

Pardon policy & practice:  Governor may consult parole board but is not bound by its advice, and must annually file with legislature a list of pardons with reasons.  Eligibility seven years after completion of sentence, and no public hearing.  Governor and may also restore right to vote and hold office upon expiration of sentence if no pending charges, and people with federal and out-of-state offenses eligible for this relief.  Full pardon relieves all legal disabilities. Pardons infrequent.  Current governor (Bevin) rescinded predecessor’s (S. Beshear’s) executive order restoring vote automatically.  Read more

Expungement, sealing & other record relief:  Mandatory expungement of single misdemeanor or violation (or series of misdemeanors/violations arising from same incident) after five conviction-free years.  Discretionary expungement for series of misdemeanors/violations not arising from same incident after five conviction-free years.  Under a 2016 law, pardoned convictions, and certain class D felonies may be vacated and the record expunged five years after completion of sentence, if no intervening conviction or pending charges.  Court must hold hearing and there is a $500 filing fee.  Effective June 26, 2019, all other class D felonies, with certain exceptions, are eligible and the fee is reduced to $50, with an additional $250 fee upon expungement.  Upon petition, court may expunge records of misdemeanor or felony cases resulting in dismissal with prejudice or acquittal, or if no indictment after 12 months (and effective June 26, 2019, dismissals without prejudice are eligible after a five-year waiting period).  Expungement available for all juvenile offenses, excluding sex offenses and violent offenses, after a two-year waiting period; automatic expungement of juvenile records not resulting in adjudication at time of disposition.  Read more

Criminal record in employment & licensing:  A conviction may not be sole basis for denying public employment or an occupational license unless the offense “directly relates” to position or occupation sought. Scope of agency discretion defined by various factors. Ban-the-box by executive order for public hiring (no inquiries into criminal history until contacted for interview).  Read more

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Louisiana

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony, but in the case of vote only if “under an order of imprisonment,” including parole or suspended sentence.  Vote and office restored upon completion of sentence; jury service lost permanently.  Effective 3/2019, vote regained five years after release from prison.  First offender pardons guaranteed by state constitution.  All firearms rights lost upon conviction of any crime of violence, felony drug offense, or sex offense; restored by pardon or automatically 10 years after completion of sentence if no intervening felony.  Read more

Pardon policy & practice:  Governor may not act without affirmative pardon board recommendation; eligibility begins after completion of sentence, plus payment of costs; public hearings held at regular intervals; approval of four out of five board members required; prosecutor and victims must be notified by board and applicant through publication in newspaper; full pardon restores “status of innocence.”  Pardons infrequent (but see automatic first offender pardons above).  Read more

Expungement, sealing & other record relief:  Mandatory expungement of certain felony offenses ten years after completion of sentence, if eligibility requirements met (violent offenses, sex offenses, crimes against minors, and drug trafficking offenses ineligible).  In 2019 those entitled to “first offender pardons” made eligible for immediate expungement, specifically including for drug crimes. Expungement following deferred adjudication for certain noncapital felonies. Most juvenile adjudications may be expunged immediately upon termination of juvenile court jurisdiction; 5 year waiting period for serious offenses.  Expunged records not publicly available, except to law enforcement and certain licensing agencies, but may be used as predicates. Non-conviction records may be expunged at any time but remain available for certain licensing purposes.  Read more

Criminal record in employment & licensing:  A licensing entity “shall issue” an occupational or professional license to an “otherwise qualified” convicted person unless the conviction involves a felony that “directly relates to the position of employment sought, or to the specific occupation, trade or profession for which the license, permit or certificate is sought.” Exemptions for violent and sex offenses, and for specified professions, including health, education, finance, and law enforcement.  Reasons required, APA enforcement.  Exempt licensing entities required to record and report any actions involving convicted individuals to legislature.  Ban-the-box for unclassified state service positions (no inquiry until after interview or conditional offer made). Protection from negligent hiring liability.  Read more

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Maine

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Summary:

Loss & restoration of civil/firearms rights:  No civil rights lost, even upon incarceration.  All firearms rights lost for any felony; restored by pardon; may apply to carry a black powder gun five years after completion of sentence.  Read more

Pardon policy & practice:  Governor is assisted by a non-statutory advisory scheme; eligibility begins five years after completion of sentence; public hearings held at irregular intervals, and board makes confidential recommendations to governor after conducting an investigation; applicant must notify prosecutor and post a notice in the newspaper in county of conviction; pardon relieves all legal disabilities. Pardon frequency and regularity varies with administration.  Read more

Expungement, sealing & other record relief:  Class E offenses committed between age 18 and 21 must be sealed after four years if no other offenses and other requirements met; otherwise, no general sealing or expungement laws. Non-conviction records generally not publicly available. Information regarding pardoned convictions is considered “non-conviction” data with limited availability and can be deleted from FBI database after 10 years. Juvenile sealing upon petition after a three-year crime-free waiting period.  Read more

Criminal record in employment & licensing:  Convictions more than three years old or which call for less than a year in prison may not be considered in licensing decisions; certain professions (medical, nursing) have a 10-year debarment.  Read more

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Maryland

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost upon conviction of any felony only if serving a sentence of imprisonment; jury service lost upon conviction with any prison sentence exceeding one year; office eligibility lost if convicted while in office.  Vote restored upon release from prison, except for convictions of buying or selling votes, which is restored only by pardon; jury eligibility restored by pardon; office eligibility regained when restored to the franchise.  All firearms rights lost upon conviction of any felony or violent crime or misdemeanor carrying a penalty of more than two years imprisonment; restored by pardon.  Read more

Pardon policy & practice:  Governor decides, and Parole Commission may be consulted; state constitution requires governor to publish notice of pardon in newspaper and to report each pardon, with reasons, to legislature; felony convictions must have 10 crime-free years to be eligible or seven years if Parole Commission waiver is granted; people with misdemeanors must have five crime-free years; 20-year wait for crimes of violence and for controlled substances violations; paper review by parole board, but recommendation to governor is non-binding; pardon lifts all legal disabilities and penalties imposed by conviction; firearms restoration must be express in pardon. People with non-violent first offenses who are pardoned are eligible for expungement.  Pardoning varies with administration, rare under current governor.  Read more

Expungement, sealing & other record relief:  Effective Oct. 1, 2018, expungement authorized for certain felonies involving theft, burglary, and drug trafficking.  Expungement authorized in 2017 for over 100 enumerated misdemeanor convictions after a 10-to-15-year waiting period, and is automatic unless prosecutor or victim objects.  “Shielding” (sealing) available for 12 enumerated non-violent misdemeanors after a 3-year waiting period. Expungement confers greater benefits than shielding: expunged records may be opened only by court order and are destroyed after three years. Expungement also available immediately for pardoned nonviolent first offenses; three years after completion of sentence for specified nuisance convictions; after three years for deferred adjudication (“probation before judgment”); after four years for marijuana possession offenses.  Arrest records not leading to charges automatically expunged; other non-conviction records expunged upon petition, with no waiting period effective 2018.  Expungement available after charges transferred to juvenile court; sealing of juvenile records.  Read more

Criminal record in employment & licensing:  State-wide ban-the-box in public employment (no inquiry into criminal history until opportunity for interview).  Licensing board may not deny license or certificate based on a criminal conviction unless conviction directly related to license sought or issuance would involve unreasonable risk to property or safety. DOC must issue Certificate of Rehabilitation to people with nonviolent and non-sexual felony and misdemeanor offenses who have completed conditions of supervision.  Read more

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Massachusetts

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost upon conviction of any felony or misdemeanor if actually incarcerated; jury service lost upon conviction for felony or for misdemeanors while incarcerated; imprisonment during term in office results in forfeiture of office, but office is not lost otherwise.  Vote restored upon release; jury service restored seven years after completion of sentence or upon release for misdemeanors.  All firearms rights lost upon conviction of felony or serious misdemeanor; right to possess shotgun or rifle restored to all but those with drug and violent offenses five years after conviction or release from prison, whichever is later; rights otherwise restored by pardon.  Read more

Pardon policy & practice:  Governor may not act without affirmative recommendation of Governor’s Council; governor required to report to legislature annually a list of pardons, but not reasons; eligibility begins 15 years after conviction or release from prison for felonies and 10 years for misdemeanors; petitions must be filed with Parole Board, which holds a public hearing and solicits recommendations from attorney general, prosecutor, and sentencing court; Board provides notice to victim and forwards recommendation to governor; records sealed upon pardon.  Pardons infrequent since 1990; only six since 2002 (by Gov. Patrick).  Read more

Expungement, sealing & other record relief:  With certain exceptions, including firearms offenses, crimes by public officials, and crimes “against public justice” such as perjury and resisting arrest convicted persons are entitled to have their records sealed upon application to the department of probation if they can demonstrate a period of law-abiding conduct: 5 years for a misdemeanor and 10 years for a felony.  Sex offenses subject to a 15-year waiting period.  Immediate sealing available in deferred adjudication cases (“continuance without a finding”), as well as for decriminalized offenses.  Pardon automatically seals.  Non-conviction records may be sealed on court order. Upon discharge from commitment, juvenile rights are restored and past commitment cannot be received in evidence.  Read more

Criminal record in employment & licensing:   Employers may not inquire into non-conviction records, certain misdemeanor convictions or any other misdemeanor convictions more than five years old.  Licensing agencies may not disqualify based solely on conviction in certain specific professions; licensing authorities are prohibited from disqualifying the applicant based on a felony conviction only if the conviction has been pardoned. Effective 10/2018, licensing authorities must provide a list of the specific criminal convictions that are directly related to license.  State-wide ban-the-box for public and private employment and licensing (no inquiry into criminal history on initial application); City of Boston has broader ban-the-box protection.  Read more

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Michigan

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost upon conviction of any felony or misdemeanor if actually incarcerated; jury service lost upon conviction of any felony; office lost upon conviction of offenses involving public corruption.  Vote restored upon release; jury service lost permanently unless conviction is pardoned or expunged; office restoration depends upon the offense.  All firearms rights lost for any felony until three years after completion of sentence, except for certain people with violent or drug offenses who must wait five years and have their privileges restored by a concealed weapons licensing board; earlier restoration with pardon or expungement.  Read more

Pardon policy & practice:  Governor decides after mandatory, but non-binding, consultation with parole board; governor required to report annually to legislature a list of pardons with reasons; no eligibility criteria; all applications referred to the board; if board holds a hearing, relevant officials must be notified; board’s recommendation is a matter of public record; pardon restores person to same position as if the offense had never been committed. Post-sentence pardons have been relatively infrequent in recent years despite hundreds of applications received every year.  Read more

Expungement, sealing & other record relief:  Set-aside of a felony conviction after 5-year waiting period if not more than one felony conviction and not more than two misdemeanor convictions; set-aside of one or both misdemeanor convictions after 5-year waiting period if not more than two misdemeanor offenses and no other offenses. Set-aside limits public access to the record, but remains available to law enforcement and counts as predicate. Records of convictions that have been set aside are sealed by court rule. Probation before judgment for first-time drug offenses with nonpublic records kept by law enforcement.  With certain exceptions, up to three juvenile adjudications (one felony) may be set aside one year after adjudication or release from detention, or upon reaching age 18, whichever is later.  Most juvenile diversion records must be destroyed at age 17, and most juvenile adjudication records must be destroyed upon reaching age 30.  Non-conviction records in possession of the state repository must be sealed and biometric evidence destroyed;  Michigan courts have a policy of making their own corresponding records non-public in any situation covered by the statutes applicable to law enforcement agencies.  Read more

Criminal record in employment & licensing:  Conviction alone may not be basis for licensing authority to find that a person lacks good moral character, but it may be used as evidence in that determination; non-conviction records, convictions that did not result in incarceration, and convictions unrelated to capacity to serve the public cannot be considered by licensing agency. Employers prohibited from inquiring about non-conviction misdemeanor arrests on employment application. Employer may introduce “certificate of employability” from Department of Corrections as evidence of due care in engaging in activity/business with certificate holder.  Read more

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Minnesota

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony; restored upon completion of sentence.  All firearms rights lost upon conviction of any felony; restored upon completion of sentence except for crimes of violence; also restored by court or pardon.  Read more

Pardon policy & practice:  Governor and high officials (attorney general, chief justice) act as pardon board, which is required to report to the legislature annually; for a “pardon extraordinary,” which restores all rights and effectively nullifies a conviction, eligibility requires five crime-free years from final discharge for nonviolent crimes or 10 crime-free years for violent offenses (includes drug felonies); commissioner of corrections screens applications and decides which cases should be heard by the board; public hearing with notice to officials and victim and decision announced at end of hearing; pardon extraordinary does not expunge or seal conviction.  Pardon process regular, but grants issued sparingly (about 1/3 of those heard).  Read more

Expungement, sealing & other record relief:  Effective January 2015, all misdemeanors and many minor nonviolent felonies may be expunged (sealed) after a two- to five-year waiting period; sealing also available for cases resolved in an individual’s favor or resulting in diversion or stay of adjudication, juvenile delinquency adjudications, and juveniles tried as adults after discharge; balancing test applies with presumption in favor of sealing non-conviction records.  Common law expungement available for most records not eligible for statutory expungement; balancing test applies.  Deferred sentencing for certain felony convictions which may be knocked down to misdemeanors following probation (does not make them eligible for sealing).  Read more

Criminal record in employment & licensing:  Conviction may not be basis to deny public employment or license unless a “direct relationship” between occupation/license and conviction history, and the individual has not shown “sufficient rehabilitation and present fitness to perform” the job duties or licensed occupation; rehabilitation is established by one year without an arrest after release or by successful completion of probation or parole.  Records of arrest not leading to conviction, convictions that have been expunged, or misdemeanors for which a prison sentence could not be imposed, may not be considered in connection with public employment or licensing decision. State-wide ban-the-box for public and private employment (no inquiries until interview or conditional offer made); protection from negligent hiring liability regarding certain records.  Read more

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Mississippi

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost upon conviction of any crime listed as disqualifying in state constitution; jury service lost upon conviction of “infamous crimes,” which are defined as any crime punishable by death or imprisonment; office lost for conviction of certain specified offenses.  Vote and office restored only by pardon; jury service restored five years after conviction.  All firearms rights lost for any felony conviction; restored by pardon or by petition to the court.  Read more

Pardon policy & practice:  Governor decides, and parole board may be consulted; informal policy holds that eligibility begins seven years after completion of sentence; applicants must publish notice prior to making application to the governor’s office; parole board investigates and holds hearing on facially meritorious cases; pardon restores civil rights and removes employment disabilities, but does not result in expungement.  Pardons infrequent, process irregular.  Read more

Expungement, sealing & other record relief:  Expungement of first offense misdemeanors, some enumerated minor felonies and a single more serious felony committed before age 21, all after a five-year waiting period.  Effective July 1, 2019, additional felonies made eligible for expungement.  Deferred adjudication followed by dismissal for misdemeanors and certain felonies, with expungement mandated upon successful completion.  Court may seal juvenile records for certain dispositions after reaching age 20. Non-conviction records and records of those processed through treatment courts also eligible for expungement.  Read more

Criminal record in employment & licensing:  Fresh Start Act of 2019 establishes direct relationship standard for most licenses, eliminated vague terms like “good moral character,” provides for preliminary determination, and requires written reasons from agency.  Read more

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Missouri

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Summary:

Loss & restoration of civil/firearms rights:  Vote and jury service lost upon conviction of any felony; office lost upon conviction of any felony or conviction of misconduct in office.  Vote and office restored upon completion of sentence; jury service restored only by pardon.  All firearms rights, excluding antique weapons, lost upon conviction of any felony; restored by pardon, and apparently also by expungement.  Read more

Pardon policy & practice:  Governor decides, and parole board may be consulted for non-binding advice; eligibility begins three years after discharge; pardon applications forwarded to parole board for investigation; no public hearing; pardon relieves all legal disabilities but does not expunge.   Pardons infrequent.  Read more

Expungement, sealing & other record relief:  Effective January 1, 2018, felonies and misdemeanors may be expunged, subject to a lengthy list of exceptions for violent offenses, sex offenses, and other more serious offenses; waiting period of 3 years after completion of sentence for misdemeanors and 7 years for felonies; only one felony and two misdemeanors may be expunged in a lifetime; presumption in favor of expungement if eligibility criteria met.  Expungement of non-conviction records subject to same eligibility rules and procedures as convictions, with a 3-year waiting period (eff. January 1, 2018). Arrest records not eligible for expungement under new law eligible to be “closed” under old law (which authorizes sealing for suspended and probationary sentences, and for all cases disposed of favorably to the defendant).  Court may seal and destroy juvenile records after person reaches age 17; juvenile driving records may be expunged after two years or upon reaching age 21. Expunged records unavailable to public, with some exceptions.  Read more

Criminal record in employment & licensing:  No disqualification from public employment on basis of conviction unless conviction “is reasonably related to the competency of the individual to exercise the right or privilege of which he is deprived.” No denial of licenses “primarily” because of conviction history where sentence is fully discharged; conviction may be “some evidence of an absence of good moral character,” but licensing board also considers the nature and date of the crime and evidence of good character. Ban-the-box by executive order in public employment (questions relating to criminal history removed from initial employment applications).  Read more

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Montana

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost upon conviction of any felony if actually incarcerated; jury service and office lost upon conviction of any felony.  Vote restored upon release; jury service and office restored upon completion of sentence.  All firearms rights lost if conviction involves use of dangerous weapons; restored by pardon or petition to the court.  Read more

Pardon policy & practice:  Board of pardons is now advisory, permitting Governor to grant clemency petitions over Board’s recommendation for denial; governor must report pardons, with reasons, to legislature; no eligibility criteria; board may hold a hearing in meritorious cases where all sides are heard and a record made, but not required; pardon removes “all legal consequences” of conviction and is grounds for expungement.  Pardons infrequent.  Read more

Expungement, sealing & other record relief:  All misdemeanors eligible for expungement; expungement presumed for all but certain serious offenses after a 5-year waiting period, and expungement discretionary for other misdemeanors.  Only one expungement order in a lifetime. Pardon is also grounds for judicial expungement.  Deferred sentencing for misdemeanors and first felony offenses, after which charges are dismissed and access to records is limited. Upon request, non-conviction records must be returned to defendant or destroyed.  Youth court and associated law enforcement records automatically sealed upon defendant’s reaching age 18.  Read more

Criminal record in employment & licensing:  Conviction shall not operate as a bar to licensure for any profession, but it may be considered. No law regulates public or private employment.  Read more

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Nebraska

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony.  Vote restored two years after completion of sentence; jury service and office restored only by “warrant of discharge” issued by Board of Pardons.  All firearms rights lost upon conviction of any felony; restored only by pardon.  Read more

Pardon policy & practice:  Governor and high officials (secretary of state and attorney general) act as pardon board; eligibility begins 10 years following completion of sentence for felonies and three years for misdemeanors; public hearings held at regular intervals; reasons for approval or denial not given; pardon restores civil rights other than vote; gun rights restored separately.  An average of 80 pardons granted each year, about 25% with firearms privileges. 60% of applicants are granted.  Read more

Expungement, sealing & other record relief:  Set-aside for probationers “nullifies” conviction and removes “all civil disabilities and disqualifications” but does not expunge or seal record. Sealing authorized for pardoned convictions and convictions set aside based on status as victim of human trafficking. Automatic and petition-based sealing for juvenile adjudications and non-conviction records. Court records in cases not resulting in conviction is automatically removed from the public record and available only to law enforcement; waiting periods apply depending on type of record. Court orders sealing of administrative records in cases resulting in acquittal or dismissal. Upon petition, expungement of arrest records resulting from law enforcement error.  Read more

Criminal record in employment & licensing:  Inquiry into sealed non-conviction and juvenile records prohibits in employment and licensing context.  Effective 2019 applicants for occupational licensure may request preliminary determination.  Ban-the-box for public employment (no inquiry into criminal history until determined that applicant meets minimum employment qualification).  Read more

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Nevada

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Summary:

Loss & restoration of civil/firearms rights:  Right to vote lost only during actual incarceration; Right to serve on civil jury restored after discharge from probation or parole or release from prison (if no term of parole); right to serve on criminal jury restored six years after discharge from probation or parole or release from prison.  Office is restored four years after discharge from probation or parole or release from prison.  Revision of law in 2019 replaced complicated system where term of loss and manner of restoration depended upon seriousness of offense and prior record, required out-of-state and federal offenders to obtain rights restoration where they were convicted.  All firearms rights lost upon conviction of any felony; restored by pardon.  Read more

Pardon policy & practice:  The governor and high officials (justices of supreme court and attorney general) act as a pardon board.  Current constitutional requirement that governor approve every grant may be changed in 2020.  The governor must report all grants to legislature, but need not supply reasons.  No formal eligibility requirements, but applicants typically required to wait “a significant period of time.”  Public hearings held at irregular intervals, and non-violent first offenders may be considered on consent calendar.  Pardon removes all disabilities, including firearms and licensing bars but does not seal record and may serve as predicate. Process takes about two years.  About 30 grants each year since 2013, a substantial percentage of those that apply.  Read more

Expungement, sealing & other record relief:  Petition to seal available after 2-10 years for felonies and 1–7 years for misdemeanors, if no subsequent convictions; presumption in favor of sealing if criteria met, unless dishonorably discharged from probation. Presumption in favor of sealing if eligible.  Sealed conviction may be denied and has no predicate effect. Automatic juvenile sealing for most offenses at age 21, or earlier upon petition after a three-year waiting period.   Victims of human trafficking may petition to vacate and seal any non-violent offense committed while they were a victim.  Non-conviction records presumptively eligible for sealing after the charges are dismissed, declined for prosecution, or a person is acquitted.  Convictions for subsequently decriminalized conduct are presumptively sealed upon written request to the court.  Read more

Criminal record in employment & licensing:  Prohibits discrimination based on criminal record in public employment under certain circumstances, bans initial inquiry, sets standards, and provides for enforcement.  In 2019 Nevada enacted first general law regulating occupational licensure, providing for preliminary determination whether conviction will disqualify, recommending that agencies publish disqualifying convictions, requiring each licensing agency to submit quarterly reports to the legislature on the number of petitions received, the number of determinations of disqualification, and the reasons for each.  Read more

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New Hampshire

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Summary

Loss & restoration of civil/firearms rights:  Vote and office eligibility lost upon conviction of any felony only while actually incarcerated; jury eligibility lost upon conviction of any felony that has not been annulled.  All firearms rights lost for felonies “against the person or property of another” or a felony drug offense; restored by pardon or judicial annulment of nonviolent offenses.  Read more

Pardon policy & practice:  Governor may not act without the affirmative recommendation of a majority of the Executive Council.  Persons eligible for “annulment” under state law generally are not considered for a pardon.  No public hearing; notice to prosecutor.  Pardon eliminates all consequences of conviction but does not expunge the record.  Pardons infrequent.  Read more

Expungement, sealing & other record relief:  Less serious, nonviolent offenses may be “annulled” after 1–10 year waiting period, with recidivists waiting longer. Juvenile records sealed upon reaching age 21. Non-conviction data may be annulled by court subject to “public welfare” standard.  Annulment results in being treated as if having “never been arrested, convicted or sentenced;” Effective 2013, annulled records not publicly available except to law enforcement.  In 2019 state repository required to restrict access to non-conviction records and annulled conviction records for general employment and licensing purposes.  Read more

Criminal record in employment & licensing:  2018 law requires licensing boards to justify disqualification in public safety terms, sets standards and procedures for licensing, permits preliminary determination of qualification based on conviction, requires written reasons for denial and permits appeals.  Inquiry into annulled offenses is limited.  Read more

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New Jersey

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost upon conviction only while actually incarcerated; jury eligibility lost upon conviction, and restored by pardon or restoration of rights by governor.  Public office is forfeited upon conviction of a serious crime or one involving dishonesty while in office; office eligibility is lost permanently if the offense is one “involving or touching on” the office, and restored only by pardon or restoration of rights.  All firearms rights lost upon conviction for specific violent crimes and may be denied a handgun permit or FID card for any crime or domestic violence offense.  Restored by pardon or gubernatorial restoration of rights.  Read more

Pardon policy & practice:  Governor decides and may consult parole board; governor must report pardons, with reasons, to legislature.  No eligibility criteria.  No public hearing required.  Pardon restores rights and makes eligible for expungement.  Pardons infrequent.  Read more

Expungement, sealing & other record relief:  Expungement of “indictable” offenses (felonies), “disorderly persons” offenses (misdemeanors), “petty disorderly persons” offenses, and municipal offenses, with different waiting periods depending on offense (most serious and violent offenses ineligible). Petition for expungement of indictable offense may include up to two petitions for expungement of disorderly person/petty disorderly person offenses (three, effective October 1, 2018); up to three disorderly person/petty disorderly person offenses may be expunged at same time (four, effective October 1, 2018), if no indictable offense conviction. Expungement of most drug offenses upon successful completion of drug court. Juvenile records may be expunged after a five-year waiting period with no subsequent convictions (waiting period reduced to three years effective October 1, 2018).  Deferred adjudication for minor drug offenses and expungement after six-month waiting period; expungement of arrest and other non-conviction records at time of disposition.  Sentencing court or supervisory authority may issue certificate evidencing rehabilitation that “suspends certain disabilities, forfeitures or bars to employment or professional licensure.”  Only people with state offenses eligible.  Read more

Criminal record in employment & licensing:  2014 Opportunity to Compete Law imposes ban-the-box rule in public and private employment (no inquiry into criminal history until after first interview). Licensing authorities may not discriminate on grounds of conviction unless reasonably related to occupation.  Pardon, expungement, or certificate of rehabilitation precludes licensing authorities from discriminating against or disqualifying an applicant.  A certificate of rehabilitation issued by sentencing court or supervisory agency is effective to remove bars to public employment, with certain exceptions.  Read more

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New Mexico

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony.  Vote and jury eligibility restored upon completion of sentence; office eligibility restored by pardon.  All firearms rights lost upon conviction of any felony for 10 years after completion of sentence; may be restored earlier by pardon.  Read more

Pardon policy & practice:  Governor decides and may consult parole board.  Eligibility begins after completion of sentence with current policy requiring longer waiting periods and non-consideration for certain serious offenses.  No public hearing required; victim notified.  Restores rights and removes disabilities but does not expunge.  Pardons infrequent.  Read more

Expungement, sealing & other record relief:  Deferred sentencing available for all but first-degree felony cases; civil rights restoration but no expungement under pre-2010 law.  Also under pre-2020 law, judicial expungement available for first offense drug possession only if under age 18 at time of offense, and administrative expungement of arrest records for misdemeanors only.  Court may seal juvenile delinquency records after two years.  Effective January 1, 2020, a comprehensive new expungement law will authorize courts to limit public access to non-conviction records one year after disposition as long as no other charges are pending, and to most convictions for felonies, misdemeanors and municipal ordinances after varying waiting periods.  Read more

Criminal record in employment & licensing:  In public employment and licensing decisions, agencies may consider conviction, but conviction may not be an automatic bar to employment/licensure.  There exists a presumption of rehabilitation three years after release or completion of parole/probation.  Reasons for denial must be stated in writing.  State-wide ban-the-box for public employment (no inquiry into criminal history on initial application and no consideration until applicant is finalist).  A 2019 law extends prohibition of application-stage inquiry to private employers, although they may request criminal history information during a discussion with the applicant and deny employment as a result.  Read more

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New York

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost upon conviction of any felony if sentenced to a term of actual imprisonment; jury eligibility lost upon conviction of any felony; office forfeiture and disqualification depends upon offense and office.  Vote restored upon completion of sentence, including parole; jury eligibility restored by pardon.  By Executive Order, Parolees eligible for conditional pardon to restore vote.  All firearms rights lost upon conviction of any felony or serious offense; restored by pardon or by Certificate of Good Conduct.  Read more

Pardon policy & practice:  Governor decides and may consult parole board; governor must report pardons, with reasons, to legislature annually.  No eligibility criteria; applicants generally not considered if alternative administrative remedies are available.  No public hearing required.  Pardon “exempts from further punishment” based on the conviction.  Special pardon program under Gov. Cuomo that applies to people convicted of misdemeanors or nonviolent felonies at age 16 or 17; recommended if 10 crime-free years.  Pardons infrequent and process irregular.  Read more

Expungement, sealing & other record relief:  Effective October 2017, sealing of up to two convictions (only one felony) after 10-year waiting period for all crimes except sex offenses, class A and violent felonies. Conditional sealing of certain drug and other felony offenses and up to three misdemeanor convictions upon completion of diversion program; sealing also applicable to juvenile adjudications and proceedings.  Mandatory sealing of non-conviction records upon termination of the action in favor of the accused unless DA demonstrates “that the interests of justice require otherwise.”  Automatic expungement oif minor marijuana convictions.  A Certificate of Relief from Disabilities (CRD) or a Certificate of Good Conduct (CGC) may be obtained to restore certain rights, may be limited to one or more specific rights. CRD available to individuals with no more than one felony, as early as sentencing; CGC available to individuals with multiple felonies after 1-5 year waiting period.  Persons residing in New York with convictions from other states or with federal convictions may qualify for certificates.  Read more

Criminal record in employment & licensing:  General non-discrimination law prohibits discrimination in employment and licensing based on conviction; to form basis of denial, there must be a direct relationship and unreasonable risk to property or safety; applicant is entitled to reasons for denial. Persons with CRD or CGC entitled to presumption of rehabilitation in “direct relationship” determination. Protection from negligent hiring liability. Ban-the-box by executive order in public employment (no inquiry into prior convictions until initial hiring decision made); broader ban-the-box in New York City under Fair Chance Act for public and private employment (no inquiry until initial offer made).  Read more

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North Carolina

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony; restored upon completion of sentence.  All firearms rights lost upon conviction of any felony, with certain exceptions; restored by pardon or by court for nonviolent first felony offenses 20 years after completion of sentence.  Read more

Pardon policy & practice:  Governor decides and may consult parole board.  Eligibility begins five years after completion of sentence.  No public hearing required; DA and victim must be notified, with victim allowed to offer written statement.  Depending on type of pardon, effects range from assistance in securing employment to full restoration of rights, including firearms rights.  Pardons rare.  Read more

Expungement, sealing & other record relief:  Nonviolent misdemeanors may be expunged after 5 years and minor nonviolent felonies after 10 years. (Waiting period is 15 years for all offense levels until December 1, 2017). Must have no other convictions or expunctions. Deferred adjudication for first-time minor drug offenses; expunction only if under age 22.  First offense felonies, misdemeanors, and certain juvenile offenses committed under age 18 or 21 may be expunged following a waiting period.  Records may be expunged where charges dismissed or person acquitted, if the person has no prior felony convictions.  Effective December 1, 2017, the additional eligibility requirement of no prior expungements was repealed.  In addition, courts were specifically authorized to redact conviction records to expunge dismissed charges.  Certificate of Relief available from sentencing court one year after completion of sentence; for individuals with a limited number of misdemeanors and minor felonies, and no other felony or misdemeanor convictions. Relieves mandatory collateral consequences, certifies no public safety risk, provides negligent hiring protection.  Read more

Criminal record in employment & licensing:  Occupational licensing boards prohibited from denying license unless conviction “directly related” to duties and responsibilities for the licensed occupation or the conviction is for a crime that is violent or sexual in nature. BY virtue of 2019 law, agencies must consider certain factors, including whether the individual has a Certificate of Relief, and must given reasons for denial in writing.  May apply for “predetermination” which, if favorable, is binding on board. Boards required to report number of applications received from people with a criminal record, number granted and denied based on conviction.  Certificate of Relief evidence of due care in negligent hiring proceedings.  Read more

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North Dakota

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony while actually incarcerated, with certain offenses excepted for jury eligibility.  Restored upon release.  All firearms rights lost for 10-year period upon conviction of a felony involving violence or intimidation, and for a five-year period for nonviolent felonies and Class A misdemeanors.  Restored by pardon only.  Read more

Pardon policy & practice:  Governor decides and may consult pardons board.  No formal eligibility criteria, but applicant must demonstrate “compelling need.”  No public hearing; DA notified.  Relieves collateral penalties but no expungement. Pardons infrequent.  Read more

Expungement, sealing & other record relief:  Effective August 1, 2019, misdemeanor and felony convictions may be sealed upon petition, with waiting periods of 3 and 5 years, respectively, except that violent offenses must wait 10 years after completion of sentence.  Minor felony convictions may be set aside and knocked down to misdemeanors after successful probation, but no expungement except for non-conviction records.  First offense marijuana possession may be sealed by court if no subsequent conviction for two years.  Deferred adjudication and deferred imposition of sentence available, with sealing after successful completion.  Juvenile records generally confidential, and may be destroyed upon petition and showing of good cause.  Read more

Criminal record in employment & licensing:  Licenses for most professions and occupations may be denied only if offense has direct bearing or if there is insufficient rehabilitation.  Applicant is entitled to written statement of reasons for denial.  Read more

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Ohio

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Summary:

Loss & restoration of civil/firearms rights:  The right to vote is lost upon conviction of any felony only while actually incarcerated, and is automatically restored upon release. Eligibility for jury service and office are also lost upon conviction of any felony, and restored upon completion of sentence.  Certain offenses involving malfeasance in office result in a seven-year or permanent disqualification from office.  Firearms rights are lost only for felony crimes of violence and drug offenses; restored by court upon application after completion of sentence, or by pardon.  Out-of-state and federal offenders residing in the state are eligible for relief from the court.  Read more

Pardon policy & practice:  Governor decides but must consult with the parole board for non-binding advice; governor must report pardons to legislature.  A person may apply at any time, a public hearing must be held, and no reasons are given in the event of denial.  A pardon relieves all disabilities, but does not entitle the recipient to have their record sealed. Pardon policy varies with the administration.  Read more

Expungement, sealing & other record relief:  Sealing is available for one felony, for two misdemeanors, or for one felony and one misdemeanor.  A 2018 law authorizes sealing of up to five minor nonviolent offenses.  Eligibility waiting period of 1-5 years depending on the number and seriousness of the offenses (certain serious offenses are ineligible) and a hearing is held in which the court applies a balancing test.  Sealing is available for out-of-state and federal offenses.  Intervention in lieu of conviction is available for certain non-serious first offenses.  Delinquency records may be sealed six months following discharge, except for murder or rape.  Sealing is available of non-conviction records.  Expungement is available for victims of human trafficking.  Court-issued Certificate of Qualification for Employment (CQE) removes specified mandatory occupational and licensing consequences and creates presumption of fitness; 1-year waiting period for felonies, 6 months for misdemeanors.  Read more

Criminal record in employment & licensing:  Individuals may be questioned about a sealed conviction that bears a direct and substantial relationship to the position sought.  CQE evidence of due care in negligent hiring proceeding. Ban-the-box in public employment (no question about criminal history on application).  Licensing boards are generally authorized to deny licensure based on criminal record only for specified offenses substantially related to a person’s fitness and ability to perform.  Effective April 5, 2019, licensing boards must publish on the internet a list of disqualifying convictions and conduct a preliminary determination to determine whether an individual’s conviction will disqualify them for licensing.  Read more

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Oklahoma

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Summary:

Loss & restoration of civil/firearms rights:  Vote and jury right lost upon conviction of any felony.  Office eligibility lost upon conviction of any felony and misdemeanors involving embezzlement.  Vote restored upon completion of court-imposed sentence; jury eligibility restored by pardon; office eligibility restored 15 years after completion of sentence or by pardon.  Loss of concealed weapons privileges upon conviction of any felony; restoration for nonviolent felony convictions by full pardon.  Read more

Pardon policy & practice:  Governor may not act without affirmative recommendation of Board of Pardons and Parole; governor must report pardons, but not reasons, to legislature.  Eligibility begins after completion of sentence.  Public hearings with favorable recommendations made public but no reasons given.  Applicant not required to appear. Relieves legal disabilities, except firearms; grounds for expungement for people with nonviolent offenses.  About 100 grants per year (80% of applicants).  Process takes about 6 months.  Read more

Expungement, sealing & other record relief:  A single nonviolent felony conviction may be expunged (sealed) 5 years after completion of sentence, if no charges pending.  Two nonviolent felonies may be expunged after 10 years if no charges are pending.  Non-violent felonies reclassified as misdemeanors may be expunged after 30 days. Misdemeanors may be expunged after 5 years immediately if no prior felonies and no charges pending, except that the waiting period is waived if the sentence involves a fine less than $500 and no (or suspended) prison term, upon satisfaction of fine. Pardoned offenses may be expunged with no waiting period.  Deferred adjudication and probation leading to expungement for misdemeanors and first-time minor felony offenses, after waiting period (5 years for felonies, one year for misdemeanors); deferred adjudication leading to automatic expungement for people with first-time drug offenses.  Records of juvenile adjudications may be expunged upon reaching age 21 with no subsequent convictions.  Non-conviction records may be expunged in case of acquittal or if no charges filed, and in case of dismissed charges only if no other felony convictions and statute of limitation has passed.  Read more

Criminal record in employment & licensing:  No public or private employer may ask about or consider a sealed conviction. Most specialized licensing boards may not deny/revoke license based on conviction unless substantial relationship or threat to public safety. Juvenile adjudications not considered arrest or conviction for any public or private purpose (e.g., employment, civil rights). Ban-the-box by executive order for public employment (no question about criminal history on employment application, unless felony would automatically disqualify, but may ask during interview process).  Read more

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Oregon

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony while actually incarcerated; restored upon release.  All firearms rights lost upon conviction of any felony.  Automatically restored 15 years after completion of sentence for felony first offenses except those convicted of homicide or weapons offenses; otherwise restored by pardon or expungement.  Read more

Pardon policy & practice:  Governor decides; must report pardons, with reasons, to legislature.  Eligibility generally extends only to misdemeanors and minor felonies for which set-aside is available.  No public hearing required.  Relieves all legal disabilities, results in sealing. Pardons infrequent.  Read more

Expungement, sealing & other record relief:  Less serious, nonviolent misdemeanor and felony offenses may be set aside after a 1–20 year waiting period if there are no other convictions in the past 10 years or arrests within the past 3 years; expanded availability for set-aside of marijuana offenses after 2015 legislation. Set-aside restores all rights, relieves all disabilities, and seals the record of the conviction.  As of June 2019, sealing also available for pardoned convictions. Juvenile expungement and sealing upon reaching age 18 after a 5-year waiting period.  Set-aside of non-conviction records one year after arrest if no charges filed, or any time after an acquittal or dismissal.  Read more

Criminal record in employment & licensing:  May consider conviction, but may not bar licensure solely on those grounds; teachers licenses excepted. Ban-the-box in public and private employment, with some exceptions (no inquiry into criminal history before initial interview or, if no interview, before conditional offer made).  Read more

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Pennsylvania

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost upon conviction of any offense while actually incarcerated; jury eligibility lost upon conviction of any crime punishable by more than one-year imprisonment; office eligibility lost upon conviction of any felony.  Vote restored upon release; jury and office eligibility restored by pardon only.  Firearms rights lost for specified felony offenses, drug crimes, three or more DUI offenses within a five-year period, domestic violence offenses, and additional specified criminal conduct.  Restored upon application to a court, generally 10 years after completion of sentence.  Read more

Pardon policy & practice:  The governor may not act without affirmative pardon board recommendation.  Between 400-500 applications received each year, about half of which are granted a hearing; most of those heard are recommended favorably, and under the current governor almost all recommended are granted (an average of about 200-250 each year).  Pardon is useful for employment and other purposes, but does not relieve most mandatory collateral consequences (guns excepted).  Pardon is grounds for automatic expungement (destruction of the record).  Read more

Expungement, sealing & other record relief:  Sealing (“order for limited access”) for 2nd and 3rd degree misdemeanors and ungraded offenses after 10-year waiting period; ineligible if convicted of certain offenses, offenses punishable by more than 2 years imprisonment, or four or more offenses punishable by one or more years. Sealed records not available to public, private employers, or landlords, but remain available to licensing agencies and other state and criminal justice agencies.  Effective December 30, 2018, eligibility criteria for sealing by court petition are eased, and licensing boards will not longer have access to sealed records. Effective June 30, 2019, eligible cases will be identified by computer and submitted to the court for sealing without need for a petition. Expungement available for “summary” offenses after five years; “violations” (submisdemeanors); and for those aged 70 if no arrests for 10 years.  Mandatory expungement for pardoned offenses; underage drinking offenses if over 21.  Juvenile expungement available if: charges dropped; six months after discharge of consent decree/supervision; upon reaching age 18; or five years after delinquency adjudication.  Mandatory expungement for non-conviction records if no disposition indicated after 18 months, or by court order; expungement available for “probation before judgment” cases for nonviolent, first-time drug offenses. Authority to redact conviction records to expunge dismissed charges.  Read more

Criminal record in employment & licensing:  Felony and misdemeanor convictions may be considered only to the extent they “relate to” an applicant’s suitability for employment/licensure in the position sought.  Ban-the-box in public employment by executive policy (no inquiries into criminal history on application and limits on consideration in hiring process).  Read more

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Puerto Rico

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony; restored upon completion of sentence. Since the 1980s, gubernatorial policy has allowed prisoners to vote.  All firearms rights lost for any felony conviction; restored by pardon or expungement.  Read more

Pardon policy & practice:  Governor decides and may consult parole board.  No formal eligibility requirements, but recent policy has imposed a five-year waiting period after completion of sentence.  No public hearing.  “Eliminates” conviction from police and court records.  Read more

Expungement, sealing & other record relief:  Broad expungement authority for all offenses, including violent felonies, after waiting period of six months to five years if applicant demonstrates “good moral reputation in the community.”  Certificate of rehabilitation available for persons who have not completed prison term if deemed totally rehabilitated; conviction may not then be included in criminal record.  Revoked verdicts may be expunged.  Read more

Criminal record in employment & licensing:  No general law regulating consideration of conviction.  Read more

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Rhode Island

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost upon conviction of any felony while actually incarcerated; jury eligibility lost upon conviction of any felony; office eligibility lost upon conviction of any felony or misdemeanor resulting in a jail sentence of six months or more.  Vote restored upon release; jury eligibility restored upon completion of sentence; office eligibility restored three years after completion of sentence or earlier by pardon.  Firearms rights lost for “crime of violence” convictions; restoration to people with felony domestic violence offenses after two years, otherwise by pardon.  Read more

Pardon policy & practice:  Governor may not act without affirmative recommendation of state senate, with the result that pardons are rare (none since 2000).  No eligibility requirements, and no process specified.  Restores right to hold public office and lifts occupational and licensing bars.  Read more

Expungement, sealing & other record relief:  Expungement for people with felony first offenses not convicted of specified violent offenses and for individuals with up to 6 misdemeanors 5–10 years after completion of sentence. Discretionary expungement available immediately upon completion of deferred sentence.  Automatic sealing of juvenile records with limited exceptions.  Sealing of records of acquittals or other exonerations, if no prior conviction.  A person with no more than one nonviolent felony conviction may apply to the Parole Board for a “certificate of recovery & re-entry” which may serve to relieve some collateral consequences.  Persons with federal or out-of-state convictions are eligible to apply.  Read more

Criminal record in employment & licensing:  State-wide ban-the-box for public and private employment (no inquiry into criminal history until first interview).  Read more

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South Carolina

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Summary:

Loss & restoration of civil/firearms rights:  Vote and office eligibility lost upon conviction of any felony, violation of election laws, or misdemeanor if sentenced to prison; jury eligibility lost upon conviction of any felony.  Vote and office eligibility restored upon completion of sentence; jury eligibility restored by pardon.  Handgun rights lost upon conviction for a “crime of violence,” including serious drug trafficking; restored by pardon.  Read more

Pardon policy & practice:  Independent board appointed by governor exercises pardon power, except in capital cases.  Eligibility following completion of sentence or after five years under supervision and payment of restitution in full.  Public hearings.  Pardon erases all legal effects of conviction, including sex offender registration and predicate effect. About 300 pardon grants each year, 65% of applicants.  Read more

Expungement, sealing & other record relief:  Expungement for first-offense misdemeanors if no other conviction within three years, for first-time minor drug offenses, and for various other minor offenses. Juvenile expungement at age 18 for people with non-violent first offenses, with exceptions for serious crimes.  Non-conviction records destroyed if charges dismissed or person acquitted.  In 2018, the South Carolina legislature overrode a governor’s veto to extend eligibility for expungement in several modest but significant ways, including making first-offense drug possession offenses eligible for the first time, eliminating first offense limits on eligibility of summary offenses, and authorizing relief in first offense cases prosecuted prior to passage of the Youthful Offender Act of 2010 who would have been eligible for sentencing under that law.  Read more

Criminal record in employment & licensing:  Conviction may be considered, but applicant may not be denied a license solely due to a conviction unless the criminal conviction is directly related to the profession/occupation.  Read more

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South Dakota

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost upon conviction of any felony; jury eligibility lost upon conviction of any felony only if actually incarcerated, including a suspended sentence.  By statute, office eligibility is same as jury eligibility; by state constitution, office eligibility is same as voting.  All civil rights restored upon completion of sentence.  All firearms rights lost upon conviction for any “crime of violence” and certain drug felonies; restored after 15 years if no other such convictions or by pardon.  Read more

Pardon policy & practice:  Governor refers applicants to Board of Pardons and Paroles, which must recommend pardon in order to have record sealed.  In general, must wait five years to apply. Public hearings; notice to DA and judge with publication in newspaper in county where crime committed.  Relieves legal disabilities, no predicate effect. Process takes about six months. In 2014, the Board of Pardons and Paroles implemented a policy that expedites the pardon process for certain nonviolent misdemeanors, with waiting periods of 5 and 10 years.  About 30-40 grants annually, 60% of applications.  Read more

Expungement, sealing & other record relief:  Records of petty offenses, class 2 misdemeanors, and municipal ordinance violations automatically sealed (removed from public record) after 10 years.  Sealing following deferred adjudication for first felony offenses, except for serious offenses (restores person to pre-arrest status).  Pardon automatically seals record.  Sealing of juvenile records upon petition after a waiting period with finding of rehabilitation.  Non-conviction records may be expunged one year after arrest if no charges filed; at any time after acquittal, or after dismissal with consent of prosecutor.  Read more

Criminal record in employment & licensing:  No general law regulating consideration of conviction.  Read more

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Tennessee

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony.  Vote restored upon completion of sentence; jury and office eligibility restored by application to the court.  Handgun rights forfeited upon conviction of felony; violent or drug convictions (including misdemeanors) forfeit all firearms rights.  Restoration for people with nonviolent non-drug felony offenses by pardon, judicial order, expungement, set-aside, or certificate of restoration; restoration for violent or drug crimes by expungement only.  Read more

Pardon policy & practice:  Governor decides and may consult parole board; governor must report reasons to legislature “when requested.”  Eligibility after completion of sentence and additional period of good conduct, demonstrated rehabilitation, and need.  Public hearing with notice to prosecutor; prior to a grant being made public, governor must notify AG and DA, who notify the victim.  Limited legal effect; restores firearms rights for nonviolent non-drug offenses, but does not restore civil or other rights. Pardons infrequent.  Read more

Expungement, sealing & other record relief:  Expungement for certain less-serious, nonviolent offenses 5 years after completion of sentence if no more than two convictions, both of which must be eligible (multiple contemporaneous convictions treated as single offense), and only one a felony.  Expungement in first-offense deferred adjudication & pretrial diversion cases for misdemeanors and Class D felonies.  Expungement of pardoned offenses. Mandatory expungement of juvenile record after one year if solely “misdemeanors”; discretionary expungement for other juvenile records beginning at age 17 after a one-year waiting period with certain eligibility requirements. Expunged convictions treated as if they never occurred, public records destroyed.  Court must destroy public records in cases of acquittal or where charges have been dismissed. Courts may also redact conviction records to expunge dismissed charges.  Judicial restoration of rights available upon petition after expiration of sentence if petitioner “merits having full rights of citizenship restored.” Individuals who have had or sought to have had rights restored may also petition court for a Certificate of Employability.  Persons with qualifying convictions from other states or with federal convictions may apply for restoration of rights and certificates.  Read more

Criminal record in employment & licensing:  Certificates of Employability lift certain licensing disqualifications and protect employers from negligent hiring liability. Licensing standards for some agencies relaxed. 2018 Fresh Start Act sets standards and procedures for licensing in most occupations, permits preliminary determination of qualification based on conviction, permits appeal of denials.  Ban-the-Box in public employment (no inquiry into criminal history on initial application, but may inquire after initial screening and must allow applicant to explain; employer must consider certain factors if applicant has criminal record); Memphis ban-the-box ordinance in municipal hiring prevents inquiry into criminal history until conditional offer made.  Read more

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Texas

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Summary:

Loss & restoration of civil/firearms rights:  Vote and jury eligibility lost upon conviction of any felony; office eligibility lost upon conviction for bribery, among other offenses.  Vote restored upon completion of sentence; office eligibility restored by pardon or gubernatorial restoration of rights; jury eligibility by pardon.  All firearms rights lost upon conviction of any felony; restored five years after completion of sentence only for the premises in which the individual lives.  Read more

Pardon policy & practice:  Governor may not act without affirmative recommendation of Board of Pardons and Paroles.  Eligibility upon completion of sentence; people with misdemeanors may apply.  No public hearing.  Restores civil rights and removes some legal barriers to employment and licensing; basis for expungement.  Process regular but pardons granted sparingly.  Read more

Expungement, sealing & other record relief:  Sealing (“order of nondisclosure”) for most first-offense misdemeanors, upon completion of sentence or after a two-year waiting period for more serious misdemeanors; effective September 1, 2017, sealing available for less serious first-offense DWI offenses after 2-5 year waiting period, and for victims of human trafficking. Deferred adjudication may result in sealing (OND) for most offenses, with a five-year waiting period for felonies; automatic sealing for many first-offense nonviolent misdemeanors.  “Expunction” available for deferred adjudication of class C misdemeanors; non-conviction records, pardoned convictions.  Automatic sealing at age 19 for misdemeanor juvenile adjudications and non-conviction records; discretionary sealing upon petition at age 18 or two years after discharge.  Read more

Criminal record in employment & licensing:  Licensing agencies may deny, suspend, or revoke license based on criminal record only if conviction “directly relates to the duties and responsibilities of the licensed occupation.” Certain crimes excepted.  As of 2019, licensing agencies may not consider non-conviction records (other than deferred adjudication). Standards for determining “direct relationship” enhanced in 2019, and procedures adopted that year require written reasons for denial and an opportunity to respond.  Protection from negligent hiring liability.  Read more

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Utah

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Summary:

Loss & restoration of civil/firearms rights:  Vote lost upon conviction of any felony or election-related misdemeanor, unless sentenced to probation; jury and office eligibility lost upon conviction of any felony.  Vote restored upon completion of sentence or by pardon; jury eligibility restored by expungement; office eligibility restored by expungement or after passage of 10 years since conviction and completion of sentence, including any period of supervision.  All firearms rights lost upon conviction of any felony; restored by expungement (except violent offenses) or pardon.  Read more

Pardon policy & practice:  Independent board appointed by the governor; majority vote required with reasons given.  Eligibility five years after expiration of sentence, restricted to offenses ineligible for expungement.  Public hearings; notice to DA and victim.  Restores civil rights.  Pardons infrequent.  Read more

Expungement, sealing & other record relief:  All but serious and violent offenses may be expunged after a 3–10 year waiting period, and order must issue unless court finds this would be “contrary to public interest.”  Fines and restitution must be paid.  Eligibility may also depend upon prior record, though disqualifying offenses have been restricted in recent years.  Pardon entitles person to expungement.  Expungement of non-conviction records available if acquitted; or, if charges dismissed with prejudice, or without prejudice and time for refiling passed; Class C misdemeanors receiving deferred adjudication also may qualify.  A clean slate law, effective May 1, 2020, provides for automatic expungement or deletion of certain non-conviction, infraction, and misdemeanor records.  Juvenile records may be expunged after reaching age 18 following a one-year waiting period if no adult criminal record.  Read more

Criminal record in employment & licensing:  Ban-the-box in public employment (no inquiry into criminal history until interview or conditional offer made). Persons with expunged convictions may respond to inquiry as if conviction never occurred, but licensing agency, state office of education and peace officer standards training may receive information on expunged records upon request.  Preliminary determination authorized for whether a criminal record will disqualify for licensing (effective May 14, 2019).  Read more

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Vermont

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Summary:

Loss & restoration of civil/firearms rights:  Vote and office eligibility not lost.  Jury eligibility lost upon conviction of any felony; restored only by pardon.  No firearms rights lost under state law, but court may prohibit possession of firearms as a condition of probation.  Read more

Pardon policy & practice:  Governor decides and may consult parole board.  Eligibility generally 10 years after conviction; must show rehabilitation, benefit to society, and employment-related need.  No hearing.  Restores rights and relieves disabilities, including firearms.  Pardons infrequent.  Read more

Expungement, sealing & other record relief:  Uniform Collateral Consequences of Conviction Act (UCCCA) authorizes targeted relief from court at sentencing (Order of Limited Relief), and more thorough relief after five years (Certificate of Restoration of Rights).  Persons with convictions from other states or with federal convictions are eligible for relief under these provisions.  Expungement or sealing available for “qualifying” crimes (nonviolent non-sexual misdemeanors and four minor felonies after a 5-year waiting period if no further convictions; if subsequently convicted, must wait minimum of 10 years if no felonies within prior 7 years and no misdemeanor convictions within prior 5 years).  Deferred sentencing and diversion may result in expungement; sealing available under first-offense diversion program two years after successful completion.  Convictions for offenses committed under age 21 may be sealed two years after discharge if deemed rehabilitated.  Court must expunge or seal non-conviction records after a short waiting period unless government objects.  Read more

Criminal record in employment & licensing:  In over 40 professions, conviction of any felony or a crime “related to” the profession is grounds for denial of license. Ban-the-box in public and private employment (no inquiries into criminal history until interview or otherwise deemed qualified; inquiry on initial application only into convictions that would trigger disqualification). UCCCA includes negligent hiring protections.  Read more

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Virgin Islands

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any crime for which a prison sentence of more than a year is imposed; restored by pardon.  A person convicted of a crime punishable by imprisonment for a term exceeding one year is ineligible for a license to carry a firearm; restored by pardon.  Read more

Pardon policy & practice:  Governor has power to pardon offenses of local laws.  No information on process.  Read more

Judicial expungement & sealing:  Expungement of misdemeanor convictions upon petition to court, and of any offense after 5-year waiting period if under age 21 when offense committed.  Deferred adjudication for people with nonviolent first offenses and first-time drug possession offenses, with expungement if under age 21 when offense committed.  Mandatory expungement of non-conviction records.  Read more

Criminal record in employment & licensing:  No general law regulating consideration of conviction.  Read more

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Virginia

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony; restored by gubernatorial restoration of rights (case-by-case restoration of voting rights by Gov. McAuliffe).  All firearms rights lost upon conviction of any felony and certain juvenile adjudications; restored by court order or pardon.  Read more

Pardon policy & practice:  Governor decides and may consult parole board; governor must report pardons, with reasons, to legislature annually.  Three kinds of pardon: “conditional” (commutation), “absolute” (innocence); and “simple” (forgiveness). “Simple” pardon does not expunge but serves as official forgiveness and removes some employment and education barriers; Governor may also grant restoration of rights. Five-year eligibility waiting period for simple pardon; no hearing. Pardons more frequent under Gov. McAuliffe; rights restorations freely available upon determination of eligibility.  Read more

Expungement, sealing & other record relief:  Deferred adjudication, but no expungement, for certain first-time drug offenses.  Absolute pardon entitles person to expungement.  Automatic destruction of most juvenile records if person is at least age 19 and five years have elapsed since any juvenile hearing in any case, with several exceptions.  Non-conviction records may be expunged where case results in acquittal, nolle prosequi, or dismissal.  Read more

Criminal record in employment & licensing:  May not be denied a license “solely because of” a conviction unless directly related to the occupation/profession for which a license is sought, with factors specified. Conviction may be considered in determining applicant’s fitness for the occupation/profession. Ban-the-box in public employment by executive order (criminal record question removed from initial application; no background checks until candidate has signed waiver and is being considered for specific position).  Read more

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Washington

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony.  Vote provisionally restored if an individual no longer under correctional control; fully restored upon completion of sentence by court order or gubernatorial restoration of rights.  Jury and office eligibility restored upon completion of sentence by court order or certificate of restoration issued by State Clemency and Pardons Board.  All firearms rights lost upon conviction of felony and domestic violence; restored by pardon or other executive action based on a finding of rehabilitation, or by court order after waiting period.  Read more

Pardon policy & practice:  Governor decides and may consult Clemency and Pardons Board; governor must report pardons, with reasons, to legislature.  No formal eligibility criteria, but 10 years’ wait usually required.  Public hearing; DA and victim notified.  Relieves all legal disabilities and vacates conviction.  Process regular but pardons granted sparingly.  Read more

Expungement, sealing & other record relief:  All but serious and violent offenses may be “vacated” after 5–10 year waiting period; most misdemeanors eligible after 3–5 year waiting period.  Pardon automatically vacates conviction.  Vacatur results in limiting public access to agency records, but no statutory authority to seal court records.  Automatic sealing of juvenile records of adjudication (except serious, sex, and drug offense) upon satisfaction of terms and conditions of disposition (contested hearing if state objects or court finds compelling reasons not to seal); juvenile adjudications ineligible for automatic sealing may be sealed after a crime-free 2-5 year waiting period.  Non-conviction records must be deleted from agency records after short waiting period, except that deletion is discretionary if record involves diversion, the subject has additional criminal record, or intervening charges are pending.  Court-issued Certificates of Restoration of Opportunity (CROP) prohibit licensing agencies from disqualifying individuals based on criminal conviction, and protect employers against negligent hiring liability.  Read more

Criminal record in employment & licensing:  Ban-the-box in both public and private employment prohibits inquiry until after determination of qualification; does not apply to employers authorized or required to conduct background checks. May consider a conviction only if within the last 10 years and the crime “directly relates” to the employment or license sought; several exceptions apply.  See above on court-issued Certificates of Restoration of Opportunity.  2018 Ban-the-Box law applies to most public and private employers (but not to employers required to conduct background checks, those working with vulnerable populations, financial institutions, etc.).  Read more

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West Virginia

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony or bribery in an election.  Vote restored upon completion of sentence; jury eligibility restored by pardon; office eligibility restored upon completion of sentence for felonies and only by pardon for bribery of state officials.  All firearms rights lost upon conviction for crimes punishable by imprisonment of at least one year and domestic violence misdemeanors.  Restored by petition to court, expungement, set-aside, or unconditional pardon; pardon necessary for felonies involving violence, drugs, or sexual offenses.  Read more

Pardon policy & practice:  Governor decides and may consult parole board; governor must report pardons, with reasons, to legislature. No eligibility criteria. No public hearing; board must notify DA and judge before making recommendation. Lifts most legal barriers; does not restore firearms rights. Pardons rare.  Read more

Expungement, sealing & other record relief:  Effective May 2019, many misdemeanors and non-violent felonies may be expunged after waiting periods ranging from one to five years.  Violent crimes, DUI, and crimes against children excluded.  Pardon is basis for expungement after one year and at least five years after discharge of sentence. Automatic juvenile sealing after a one-year waiting period or upon reaching age 18 unless the case is transferred to adult court.  Non-conviction records may be expunged unless person has a prior felony conviction.  Read more

Criminal record in employment & licensing:  2019 law regulates consideration of conviction in most professions (except law, medicine, law enforcement) to require crime to bears a rational nexus to the occupation.  No requirement of written reasons. Reduced misdemeanor need not be disclosed as felony on any type of application.  Read more

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Wisconsin

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony or bribery.  Vote and jury eligibility restored upon completion of sentence; office eligibility restored by pardon.  All firearms rights lost upon conviction of any felony; restored by pardon.  Read more

Pardon policy & practice:  Governor decides, assisted by a non-statutory Pardon Advisory Board.  Governor must communicate pardons, with reasons, to legislature annually.  Five-year eligibility waiting period; people with misdemeanors ineligible unless waiver granted.  Public hearing; notice to DA, judge, and victim and published in county newspaper.  Relieves legal disabilities but does not expunge or seal conviction.  Practice varies according to incumbent governor.  Read more

Expungement, sealing & other record relief:  Misdemeanor and minor felony convictions may be expunged only if committed before age 25, and only if the court authorizes at the time of sentencing.  Deferred prosecution in domestic violence and some sex offense cases may lead to dismissal of charges, no conviction.  Juvenile expungement upon reaching age 17 with finding of benefit to the person and no harm to society.  No provision for judicial sealing or expunging non-conviction records.  Read more

Criminal record in employment & licensing:  Fair employment law bars discrimination by public and private employers and licensing boards unless the crime “substantially relates” to the specific job or licensed activity.  Employer may not rely on expunged conviction to establish substantial relationship. Per 2018 reforms, denial of license based on conviction must be justified in writing, and individual who demonstrates rehabilitation and fitness may not be denied license; preliminary determination authorized.     Ban-the-box for civil service employment (no inquiries into criminal history until applicant “certified” for position).  Read more

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Wyoming

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Summary:

Loss & restoration of civil/firearms rights:  All civil rights lost upon conviction of any felony; restored by pardon or gubernatorial restoration of rights. Vote restored for people with first-time nonviolent felony offenses whose sentence was completed after Jan. 1, 2016, by certificate of restoration of voting rights, which department of corrections is required to issue.  All firearms rights lost for any “violent felony” or drug offense; restored only through pardon.  Handgun rights lost for violent misdemeanors within three years or drug misdemeanors within one year; restored only through expungement.  Read more

Pardon policy & practice:  Governor decides and must report pardons, with reasons, to the legislature every two years.  Governor also restore right to vote.  Eligibility for pardon 10 years after sentence; 5 years for restoration of rights. Sex offenses ineligible for either form of relief.  No public hearing.  Pardon relieves legal disabilities but does not expunge. Pardons granted sparingly.  Read more

Expungement, sealing & other record relief:  Certain felony convictions may be expunged 10 years after completion of sentence if no other felony convictions; court must find applicant is not a danger; certain misdemeanors may be expunged after five years if offense did not involve use of a firearm. Deferred sentencing for misdemeanors and first felony offenses, excluding certain serious crimes, but expungement is specifically prohibited. Juvenile expungement (and certain municipal and circuit court cases involving minors) upon petition after reaching age 18, with showing of rehabilitation. Expungement of non-conviction records 180 days after dismissal of proceedings if no charges pending. Effective July 1, 2019, expunged juvenile records (and certain municipal and circuit court cases involving minors) are destroyed.  Read more

Criminal record in employment & licensing:  Pursuant to 2018 law, Wyoming prohibits denial of license based on conviction except where the crime is directly related to the profession or occupation.  It also generally prohibits consideration of convictions more than 20 years in the past.  Read more

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