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You are eligible for an expunction if you were arrested but not charged; your charge was dismissed; your offense was a qualifying misdemeanor juvenile; your offense was a minor alcohol-related offense; you were convicted of Failure to Attend School; you were arrested for identity theft but another individual was actually arrested, charged and convicted of that crime; you received a governor's pardon or the U.S. president's pardon; or you were later acquitted by the Criminal Court of Appeals.

The most common way to ensure you are qualified for an expunction is successful completion of a Pretrial Diversion (PTD) or Pretrial Intervention in some counties. This is a type of plea bargain offered in some criminal matters. It is a contract between the defendant and the state that both parties agree to before the Court. PTD is very much like traditional probation there are check ins and urinalysis tests, fees, and other stipulations that the defendant must follow to the letter. At the end of the agreed term the charge is dismissed and the person is immediately eligible for an expungement.

You may not qualify for an expungement if you have received a deferred adjudication or probation, if you were convicted of a felony within five years after arrest or if the statute of limitations for that crime is not passed. Your record also cannot be expunged for criminal acts like child molestation, prostitution, sexual battery, theft and serious traffic offenses like DUI, vehicular homicide or fleeing the scene of an accident.

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