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For people who are not able to assert actual innocence, the second way to have an arrest record sealed is to wait a period of time (2 years for “eligible misdemeanors,” 3 years for ineligible misdemeanors that were never papered, and 4 years for every other offense) before filing the motion.  Any open cases or any convictions after the arrest for which relief is sought render a person ineligible for such relief.

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