Two groups of offenders who qualify for sealing of records.
- Those undergoing a current drug court program as the Court supervising such offenders can order expungement of the offenses to which the offender pleaded to in that particular court; and
- Individuals, who in addition to the above, have other convictions in other courts they wish to have expunged.
Furthermore, to get into drug court, the judge will have to be convinced by your attorney to allow you in the program. People who complete a current drug court program and the court views the individuals rehabilitated.
What if there is not a drug court program in my county?
Yes. Therefore, offenders seeking expungement of convictions from other courts as part of the Drug Court Program must fall within the target group as is outlined in the Community Punishment and Corrections Act.
Do I get my gun rights back?
After the settlement of drug court charges, your firearm rights are back. If in doubt, talk to your criminal defense attorney for more help understanding the process and outcomes.
What to plead into drug court?
The “target group” are offenses determined to be, but not limited to:
- Theft by receiving
- Hot checks
- Residential or commercial burglary
- Failure to appear
- Fraudulent use of credit cards
- Criminal mischief
- Breaking or entering
- Drug paraphernalia
Therefore, “Violent or sexual” are all offenses against the person codified and any crime containing as an element of the offense of:
- Use of physical force
- The threatened use of serious physical force
- The infliction of bodily harm
- Creation of a substantial risk of severe bodily harm
Any misdemeanor conviction except a misdemeanor for which the offender has requirements to register as a sex offender or if found guilty of driving while intoxicated.
How Do I Seal Records After I Complete Drug Court?
Every drug court is familiar to the next step, but when in doubt, talk to your attorney for help with the following steps.