expungements

• Acquittal, Dismissal, or Failure to Indict-Expungement can be filed 90 days from dismissal date. Fill out Form AOC 497.2 and return to Circuit Clerk's Office window 3. If mailing in form, defendant's signature must be notarized.  Dismissal Expungement have no charge to file and no expungement certificate needed. 

• District Criminal Guilty Plea-Expungement can be filed 5 years from disposition date. Obtain an Expungement Certificate through the Administrative Office of the Courts (for further instructions see below.)  Fill out and return Form AOC 496.2, the Expungement Certificate, and payment to Circuit Clerk's Office.  Payment must be made at time of filing.  If mailing in forms/payments, defendant's signature must be notarized. Guilty Plea Expungements are $100 per case.

• Circuit Criminal Guilty Plea-Expungement can be filed 5 years from disposition date. Obtain an Expungement Certificate through the Administrative Office of the Courts (for further instructions see below.)  Fill out and return Form AOC 496.3, the Expungement Certificate, and $50 filing fee to the Circuit Clerk's Office to schedule a Expungement court date.  Once the Judge grants expungement an additional $250.00 fee is required.  If mailing in forms/payments, defendant's signature must be notarized.

• DUI Guilty Plea-Expungement can be filed 10 years from disposition date. (Same process for Guilty Pleas.)

• Automatic Expungement-All cases that were dismissed/diverted (successful Diversion Program) and dismissed with prejudice/acquitted on or after July 15, 2020, to be automatically expunged after 30 days, excluding traffic cases. No action is required by the defendant.

After Expungement order is signed by Judge, it may take up to six (6) weeks for the agencies to clear.  For example, if a company does a background check before the six (6) week mark, the case may still appear.