If you were arrested but the District Attorney's Office did not charge your case due to insufficient evidence you can file for a set aside at any time.
If you were arrested but the District Attorney's Office did not charge your case due to pending investigation you must wait one year.
If you were acquitted of a crime or your case was dismissed (including dismissals through diversions, except for DUII) you may file for a set aside at any time.
If you were convicted you must wait three years from the date of your judgment as long as:
- All terms of your judgment were completed, including fines.
- You have not been arrested within the three years and you have no pending criminal cses.
- You have no other convictions within the last ten years.
- You have not had any other convictions set aside in the last ten years.