Sealing of Records
Sealing records means officially preventing access to particular records except under very limited circumstances.
Some of the items or issues a Court must consider at the hearing to seal records of conviction include:
- whether the applicant is an eligible offender
- whether criminal proceedings are pending against the applicant
- whether the applicant has been rehabilitated
- the prosecutor’s objections, if any
- the interests of the applicant in having the records sealed against any legitimate needs of the government to maintain the records
If the court is satisfied after considering all of these factors, the court shall order the official records of the case sealed. In that circumstance, the proceedings in the original case will be treated as if they never happened.