What is a waiting period?
There are two types of waiting periods. An expunction waiting period is a period of time that must pass before a person is eligible to file for an expunction, when their case has not been filed.
A non-disclosure waiting period is a period of time that must pass before you are eligible to file a petition for non-disclosure. The waiting period does not begin until your sentence has been completed (ex. you are discharged from probation, or released from jail). During the waiting period, you cannot be convicted of, or placed on deferred probation for any offense, except a traffic ticket.
How long is the waiting period for my case?
Expunction waiting periods
- 180 days for Class C misdemeanors
- 1 year for all other misdemeanors
- 3 years for all felonies
Non-disclosure waiting periods
- 5 years from your discharge from deferred probation for any felony.
- 5 years from the completion of your sentence, if you were convicted of a DWI and did not have an interlock device.
- 3 years from your release, if you were sentenced to jail for a DWI, and had an interlock for at least 6 months.
- 2 years from the date you were discharged from probation, if you were placed on straight probation, for a DWI, and you had an interlock device for at least 6 months.
- 2 years from the date you were discharged from probation, if you were placed on deferred probation for a DWI.
- 2 years from the completion of your sentence, if you were sentenced to jail time or straight probation for any other misdemeanor.
- 2 years from your discharge from probation for the below misdemeanors:
- Unlawful restraint
- Public lewdness
- Indecent exposure
- Voyeurism
- Unlawful disclosure or promotion of intimate visual material
- Certain assaults
- Aiding suicide
- Leaving a child in vehicle
- Terroristic threat
- Deadly conduct
- Enticing a child
- Harboring runaway child
- Violation of certain court orders of conditions of bond in a family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking or trafficking case
- Violation of protective order preventing offense caused by bias or prejudice
- Advertising for placement of child
- Disorderly conduct
- Obstructing highway or other passageway
- Disrupting meeting or procession
- Funeral service disruptions
- False alarm or report
- Silent or abusive calls to 9-1-1 service
- Interference with emergency request for assistance
- Harassment
- Unlawful disclosure of residence address or telephone number
- Disclosure of confidential information regarding family violence or victims of trafficking shelter center
- Abuse of corpse
- Cruelty to livestock animals
- Attack on assistance animal
- Cruelty to nonlivestock animals
- Dog fighting
- Cockfighting
- Possession of animal by person convicted of animal cruelty
- Destruction of flag
- Discharge of firearm in certain municipalities
- Use of laser pointers
- Illumination of aircraft by intense light
- Operation of unmanned aircraft over airport, military installation, or spaceport
- Prostitution
- Obscene display or distribution
- Sale, distribution, or display of harmful material to minor
- Obscenity
- Electronic transmission of certain visual material depicting minor
- Certain sexually oriented performances prohibited
- Unlawful carrying weapons
- Unlawful possession of firearm
- Unlawful transfer of certain weapons
- Hoax bombs
- Making a firearm accessible to a child
No waiting period for all other misdemeanors