If a person was arrested and the charges were dismissed prior to being formally charged by accusation or indictment the arrest will be expunged if:
(1) No other criminal charges are pending against the individual; and
(2) The individual has not been previously convicted of the same or similar offense under
the laws of this state, the United States, or any other state within the last five years,
excluding any period of incarceration.
Arrests that cannot be expunged
After the filing of an indictment or an accusation, a record shall not be expunged if the
prosecuting attorney shows that the charges were nolle prossed, dead docketed, or otherwise dismissed because:
(1) Of a plea agreement resulting in a conviction for an offense arising out of the same
underlying transaction or occurrence as the conviction;
(2) The government was barred from introducing material evidence against the individual
on legal grounds including but not limited to the grant of a motion to suppress
(3) A material witness refused to testify or was unavailable to testify against the
individual unless such witness refused to testify based on his or her statutory right to do so;
(4) The individual was incarcerated on other criminal charges and the prosecuting
attorney elected not to prosecute for reasons of judicial economy;
(5) The individual successfully completed a pretrial diversion program, the terms of
which did not specifically provide for expungement
Arrests that may be expunged
If a person's case was dismissed and did not fall into the previous two categories than a prosecutor may permit an expungement. If the prosecutor declines to exercise his discretion and approve the expungement the arrested person can still appeal the decision to the Superior Court.
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