Do Arrest Records Go Away?
When it comes to arrest records, many people wonder if they will eventually disappear from their public record. The short answer is that it’s not always a simple "yes" or "no" answer. In this article, we’ll explore the complexities of arrest records, how they are affected by time, and what steps you can take to seal or expunge them.
What is an Arrest Record?
Before we dive into the specifics of whether arrest records go away, it’s essential to understand what an arrest record is. An arrest record is a public record that documents an individual’s arrest, including the charges, date, time, and location of the arrest. This information is typically collected by law enforcement agencies and stored in a central database.
How Long Do Arrest Records Stay On Record?
The length of time an arrest record stays on record varies by jurisdiction. In the United States, arrest records are generally considered public records and can remain on file indefinitely. However, some states have laws that allow for the sealing or expungement of arrest records after a certain period.
Here’s a breakdown of the average length of time arrest records stay on record by state:
| State | Length of Time |
|---|---|
| Alabama | 3-5 years |
| Alaska | 5 years |
| Arizona | 5 years |
| Arkansas | 5 years |
| California | 7 years (for non-convictions) |
| Colorado | 5 years (for non-convictions) |
| Connecticut | 5 years (for non-convictions) |
| Delaware | 5 years (for non-convictions) |
| Florida | 5 years (for non-convictions) |
| Georgia | 5 years (for non-convictions) |
| Hawaii | 5 years (for non-convictions) |
| Idaho | 5 years (for non-convictions) |
| Illinois | 7 years (for non-convictions) |
| Indiana | 5 years (for non-convictions) |
| Iowa | 5 years (for non-convictions) |
| Kansas | 5 years (for non-convictions) |
| Kentucky | 5 years (for non-convictions) |
| Louisiana | 5 years (for non-convictions) |
| Maine | 5 years (for non-convictions) |
| Maryland | 5 years (for non-convictions) |
| Massachusetts | 5 years (for non-convictions) |
| Michigan | 5 years (for non-convictions) |
| Minnesota | 5 years (for non-convictions) |
| Mississippi | 5 years (for non-convictions) |
| Missouri | 5 years (for non-convictions) |
| Montana | 5 years (for non-convictions) |
| Nebraska | 5 years (for non-convictions) |
| Nevada | 5 years (for non-convictions) |
| New Hampshire | 5 years (for non-convictions) |
| New Jersey | 5 years (for non-convictions) |
| New Mexico | 5 years (for non-convictions) |
| New York | 5 years (for non-convictions) |
| North Carolina | 5 years (for non-convictions) |
| North Dakota | 5 years (for non-convictions) |
| Ohio | 5 years (for non-convictions) |
| Oklahoma | 5 years (for non-convictions) |
| Oregon | 5 years (for non-convictions) |
| Pennsylvania | 5 years (for non-convictions) |
| Rhode Island | 5 years (for non-convictions) |
| South Carolina | 5 years (for non-convictions) |
| South Dakota | 5 years (for non-convictions) |
| Tennessee | 5 years (for non-convictions) |
| Texas | 5 years (for non-convictions) |
| Utah | 5 years (for non-convictions) |
| Vermont | 5 years (for non-convictions) |
| Virginia | 5 years (for non-convictions) |
| Washington | 5 years (for non-convictions) |
| West Virginia | 5 years (for non-convictions) |
| Wisconsin | 5 years (for non-convictions) |
| Wyoming | 5 years (for non-convictions) |
Sealing and Expunging Arrest Records
In addition to the length of time an arrest record stays on file, some states allow individuals to seal or expunge their records. This process can be complex and varies by state, but in general, it involves:
- Filing a petition with the court
- Showing that the arrest did not result in a conviction
- Meeting specific criteria set by the state
- Paying a fee
Here are some general requirements for sealing and expunging arrest records:
- Sealing: Allows the record to be kept confidential, but the information can still be used for law enforcement purposes. States that allow sealing of arrest records include:
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- Expunging: Completely destroys the record, and the information is no longer publicly available. States that allow expunging of arrest records include:
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Conclusion
In conclusion, arrest records can stay on file for a long time, and in some cases, they can remain on record indefinitely. However, some states allow for the sealing or expungement of arrest records, which can help individuals who have been arrested but not convicted to move on from the experience. It’s essential to understand the specific laws and regulations in your state regarding arrest records and to seek legal advice if you need to seal or expunge your record.
