CLEAN UP (EXPUNGE) YOUR RECORD

A person who has fulfilled the conditions of probation for the entire period of probation or has been discharged before the termination of the period of probation is entitled to have his or her plea of guilty expunged and the accusations dismissed. The judge has no choice and must dismiss the case if the person successfully fulfilled all the conditions of probation for the entire period of probation, is not presently serving a sentence or is charged with a crime, and has, since judgment, "lived an honest and upright life" by obeying all laws.

If the person previously pled guilty or no contest, the judge must permit the person to withdraw his plea of guilty or no contest and enter a plea of not guilty. If a jury found the person guilty, the judge must set aside the jury verdict of guilty and dismiss the case. The person is thereafter "released from all penalties and disabilities resulting" from the conviction, except as provided by statute. For example, despite expungement, the person must still disclose the conviction in an application for state license or public office.