The process for restriction depends on when you were arrested and how the case was resolved. Some arrests are restricted automatically after a certain period of time if the arrest has not been referred for prosecution.
If you were arrested before July 1, 2013, and your charge(s) was not indicted or accused, the case against you was dismissed (and none of the exceptions apply), or you were acquitted at trial, you will need to apply for restriction through the arresting agency and pay any required fees. The new law requires that the application process be completed within 150 days.
If you are arrested after July 1, 2013, and your charge(s) is not indicted or accused, the case against you is dismissed (and none of the exceptions apply), or you are acquitted at trial, the charge(s) will be restricted when the clerk of court or prosecutor enters the appropriate disposition into the GCIC database. You do not need to apply for restriction or pay a fee.
The new law requires you file an action in superior court to restrict certain types of records. A court order is necessary to restrict the following types of cases: 1) charges placed on the dead docket, 2) felony charge(s) when you are convicted of an unrelated misdemeanor, 3) convictions that are vacated/reversed and 4) youthful offender convictions.
Posted in: Expungements