Felony Guide

Expungement of Felony Conviction

Under what circumstances can a felony be expunged? Who makes this decision? What is the typical waiting period? Are there certain felonies that can't be expunged?

"Expungement" is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. Your conviction will not simply disappear on its own even if you wait 10 or 20 years - you have to take action (see how long does a felony stay on your record). As a result, if you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order.

You must convince the judge
Ultimately, it is up to the judge of the court in which you were convicted to decide whether to grant you an expungement. You must follow the law of the state in which you were convicted in order to try and get your felony conviction expunged. Depending on the state, this legal process can take anywhere from three months to a year or more.

If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view. Thus, if a prospective employer performs a criminal background check on you, your criminal conviction will not show up in those records. It may take additional time after you receive a court order expunging the offense before it is completely removed from all local, state, and federal criminal history databases.

Follow your state's procedures
All states have different procedures for expunging felony convictions. Generally, you must file a motion or petition for expungement with the court that convicted you of the felony. In your petition, you must request that your felony conviction be removed, explain why you wish to have this done (for school, employment, etc.), and prove how your situation meets the requirements of your state's laws. You may also have to give details about whether you successfully completed the terms and conditions of the sentence that you received for your felony conviction, whether you have been charged with and/or convicted of any new crimes, and whether you are currently on probation or parole for another offense.

Furthermore, all states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all. For instance, many state laws do not permit specified sexual offenses or violent crimes to be expunged under any circumstances. It is also common for some state laws to prohibit the expungement of the most serious felony convictions, such as those resulting in death or bodily injury.

Can be a waiting game
Additionally, you usually cannot have your felony conviction expunged until a certain period of time has passed since the date that you completed your sentence or period of probation related to the conviction. This timeframe can range from one year up to five years or more following the date you completed your sentence or probation. Therefore, it may be several years following your conviction before you are eligible to try and have it expunged.

How to expunge a felony — get help!
Going through the process of removing a felony is difficult - you should seek the counsel of a local attorney who knows local laws and can help you through this process. Find a local attorney today (no obligation required).

Also see: Expungement lawyer

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if you violate parole by going on a family vacation for 7days w/o permission, how long do they keep you in jail again?(never violated parole before).

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dani
Saturday, May 22, 2010

first of all you know better your lucky they don't make you do all your time in prison you must have permision to leave your on parole they own you until your done with parole.

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kelvin
Monday, May 24, 2010

bueno quiero saver de noe ramirez piƱa q m tnga informado de el por eso les di mi correo zi es posible quisiera conversar con el pra zaver de el po favor bueno q tnga buen dia


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lupita
Monday, July 19, 2010

yes, i understnd im not the parolee. im fam.i just wanted to kno how long thy keep him?

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dani
Thursday, May 27, 2010

i was convicted of resisting arrest with violence in 1995 no more conviction. it was in florida if i get it expunged will i be able to own a gun

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rick
Saturday, May 15, 2010

i was convicted on augest,23,06 of a c felony for buglary it was my first and last offense i did 45 days in marion county jail and served and completed 2 years probation i was released off probation in july of 2008, do you think i would be elegible to expunge my felony charge? Ive been living with my parent for the last 8 months and my wife left me cause i cant find a job.ive actually seen employers throw my applications in the trash cause of my felony charge and no temp service in my area is willing to help me i currently resite in lebanon,in. any info would be greatly appreciated.

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chris l
Thursday, May 13, 2010

To Whom It May Concern: With all due respect, why is there NO drop-down menu or box to enter whatever state the person asking the question is from? After all, "all states have different procedures for expunging felony convictions" - it sure seems like a no-brainer to require this vital information if this website is to be realistically set up to help those who might inadvertantly overlook the importance of mentioning their state. Thanks in Advance/"There but for the grace of the Lord go I"

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Michael
Monday, May 10, 2010

Is it possible to have a Federal felony for possession of marijuana with intent to sell expunged? This occurred 5 yeas ago and prison time was completed.

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Alice
Sunday, April 25, 2010

i caught an F5 felony 18 years ago in the state of Ohio. what are my realistic chances of getting this case expunged?

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L. Terry
Tuesday, April 20, 2010

I was convicted of a felony, 16 yrs ago (theft by receiving), and applied for a pardon for the restoration of my rights - 6 mths ago. How can I find out the results; in Georgia? THANKS for any info.

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Austin
Friday, April 9, 2010

The courts should notify you if you are approved. This process can take a long time. Did you do it yourself or use an attorney? If you used an attorney they should be able to check with the court to see if it's been reviewed.

The good news is at least you haven't been rejected yet. It is anecdotal, but I've had friends tell me expungement requests are usually handled quicker when they are rejected.

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Mike
Sunday, April 18, 2010

If I got 4 arrest warrent how much time do i do?


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Emmanuel
Wednesday, March 31, 2010

3-6 months for warrants; unless the judge gives u a bond and if she/he does then anyone can bond you out. But the bond will be high.

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Beata
Sunday, July 18, 2010

Depends on what they're for

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Mike
Sunday, April 18, 2010

how long u do for a felony

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wanna
Tuesday, March 23, 2010

I have a few felony's from 7 years ago and longer. I am having trouble finding employment because of them. Can they be expunged?

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Josh
Saturday, March 20, 2010

How long has it been since you completed probation? That's more important than when the original convictions were...

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Mike
Sunday, April 18, 2010

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