Expungement is Not Always an Option

It is important to remember that expungement of an arrest and/or a criminal conviction is not an option in all states and counties (called "jurisdictions"). Depending on the jurisdiction in which the arrest or conviction occurred:

• Expungement may not be available at all
• Expungement may be an option for arrests, but not for convictions
• Expungement may be an option only for certain criminal convictions
• Expungement may be an option only for arrests and/or convictions that occurred while the offender was a juvenile
• Expungement may be available only after a person is acquitted (cleared) of an offense (i.e. charges are dismissed)
• Expungement may be possible only when a criminal conviction is reversed (i.e. after a successful appeal of the conviction).

For example, Arizona does not allow expungement of a criminal record. Records of crimes in Arizona will stay on the offender's record until they reach age 99.
In New York, expungement of an arrest record is available when the matter is resolved in favor of the person who was arrested (i.e. charges were dismissed or the person was acquitted at trial). But once a criminal conviction is entered (and assuming that the conviction is not overturned), expungement of that criminal conviction is not available in the state of New York.
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