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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I was looking for general info. To keep it as short as I can I have a felony for second degree arson. which happened in MD. 2 years ago I moved to IL. I never worried about it much because I always had contacts that would hire me but since I moved I'd be luck if I worked more then a year in the past 2..

So I live almost 900 miles away, I have little money( wife works, or id have nothing ) so what are some steps I should take? it happened in 07 or 08.. info on waiting, changes of getting it removed. act now or wait? I am lost and just want a happy stable life, don't we all? thanks!

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don s
Monday, January 30, 2012

i have 4 felonies on my record all state jail here in tx. first one was burg. of building, delivery of marj., poss of controlled substance under a g, poss of controlled substance under a g and bur of building. is there any hope for me to ever get any of these expunge? i work in the telecommunications industry and get tired of losing jobs for past mistakes

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Craig
Sunday, January 29, 2012

I had my record expunged back in 1996 or 97 and for the first time ever it showed up on a background check in Dec of 2010. Isn't it illegal to be fired if the record was expunged? I have proof.

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DaysieE
Friday, January 27, 2012

I was plead guilty to felony malicious wounding without malice. Served a yrs probation because it was my first offense. This is the only thing on my record and I trying to go to school.. Can I have it expunged?

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Raquia Harris
Thursday, January 26, 2012

I had a 3rd degree felony dist of marijuana in 1997. did 2 yrs probation. and havent had any convictions since. basicly a dumb kid scenerio. this was in nebraska. what do u think my chances are?

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ron
Sunday, January 22, 2012

over 20 years ago I was charged with theft under

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Nancy
Thursday, January 19, 2012

my boyfriend received a charge in 2003 of a statutory rape with a minor. He was 17 and the girl was 15. The female didnt show up in court, and charges were supossed to be dropped. He just recently applied for a new job and was turned away bc they said that he had this charge on his record. Even after 9 years. Do you think that if we pay to have this expunged it will come off or will it be a waste of time

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mere
Saturday, January 14, 2012

Get the girl to speak up that she chose to have sex with him. If you know where she is. I can not imagine it not being dropped then!

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beth
Thursday, January 26, 2012

If case was dropped and not convicted I suggest expungement either yourself our with lawyer. Should be easy, but sex crimes can be tricky. G/L

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Michael Wright
Friday, January 20, 2012

I live in MO and have a male friend that has a felony due to unpaid child supportl. As a result, now he's unemployable. Can he get his record expunged? If so, what must we do 1st and where can we go to get more information?

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Kim
Thursday, January 12, 2012

to whom this is concern i luis robles submited forms to expunge a 1990 felony and a 1994 dui was receaved both letters stating that felony reduse to a misterminer and and dui was granted now i would like to know if that's good news

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luis robles
Wednesday, January 11, 2012

In 2008 I got caught in the border crossing Marijuana. spent 3 months in correctional in 2009 and did 2 year probation, finished in April 2011. Can I consider applying, I finished my school and sucks so bad because this record is holding me back!

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Isaac
Wednesday, January 4, 2012

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