Felony expungement refers to a legal process where a person’s criminal records, specifically felony convictions, are removed from public records and treated as though they never existed.
This process can be beneficial for people when applying for jobs, seeking housing, or pursuing other opportunities.
There are several reasons why a person might want to have a felony expunged from their record.
Felony convictions can create barriers to obtaining employment, professional licenses, and the right to vote.
Even if not convicted, an arrest and criminal prosecution on their record can cause similar issues.
Expunging a felony from a criminal record is a challenging task. Generally, the more severe the crime, the less likely you will be able to have it expunged.
Felony convictions for crimes such as first-degree murder and child pornography are typically not eligible for expungement.
There are factors that may increase the likelihood that a court will consider a request for expungement.
These factors include the person’s age at the time the crime was committed, the nature of the crime, the amount of time passed since the conviction or arrest, and the completion of all court-ordered requirements for the sentence.
In cases where expungement of a felony is possible, a person must meet the specific criteria outlined by their state before petitioning the court for expungement.
Once the required criteria are met, the person may file a petition with the court where the criminal case occurred. The necessary documentation, such as a certified copy of the individual’s criminal record, may be required depending on the state.
In most states, a felony that has been expunged is no longer a matter of public record. This means that you are not required to report the charge or conviction on applications for employment, housing, public benefits, or education.
If a potential employer performs a background check, the expunged felony will not appear.
Despite the benefits of expungement, there are limitations.
Law enforcement agencies can still access expunged records, and both law enforcement and the courts may consider expunged charges when determining sentencing in future criminal cases.
In some cases, you may be required to disclose expunged offenses when applying for jobs or professional licenses.
Examples of these situations include:
Check the specific disclosure requirements for the job or professional license you are applying for, as these requirements may vary from state to state and among different industries. When in doubt, consult with an attorney or the relevant licensing board for guidance on disclosure requirements.
Expungement and record sealing are different processes. While record sealing restricts access to criminal records, the records still exist and may be accessible via a court order.
On the other hand, expungement results in the erasure of criminal charges and arrest files, making them non-existent.
The criteria for felony expungement vary from state to state.
Some common requirements include a waiting period after the conviction, completion of the terms of the conviction, a clear record of subsequent criminal charges and convictions, and proof of rehabilitation and contribution to society.
Not all felonies can be expunged.
Most states will not expunge violent felonies, sex offenses, and other serious crimes, including weapons charges.
In states that do not allow felony convictions to be expunged, you can expunge felony criminal records only if the charges were dismissed, withdrawn, pardoned, or resulted in a non-conviction, such as deferred sentencing or a finding of not guilty.
Most states that permit felony expungements impose limitations on which felonies can be sealed and/or expunged.
Generally, expungement is not available for people who committed serious or violent crimes.
Additionally, people required to register as sex offenders cannot have their records expunged or be removed from the registry.
Federal crimes are also not eligible for expungement.
It is difficult to provide an exhaustive list of non-expungeable felonies, but some examples of felonies that are typically not eligible for expungement include:
Certain expunged felonies may still have legal consequences in states with three-strikes laws, such as California.
Under these laws, an expunged felony may still count towards the three-strikes limit. Consequently, even if the felony does not appear on an individual’s record, it may still be cited if future felonies are committed.
Some crimes may be eligible for a reduction from a felony to a misdemeanor, which is easier to expunge, especially for non-violent crimes. Some states recognize wobbler crimes, which can be charged as either a misdemeanor or felony, depending on the case’s circumstances.
A felony reduction lawyer can help determine if a charge is eligible for reduction from a felony to a misdemeanor.
A criminal lawyer can help you with felony expungement.
An experienced expungement lawyer can guide you through the process, help with all necessary steps, and represent you during any court proceedings. Filing a petition with the court, following procedural rules, presenting evidence to support the expungement request, and potentially testifying all require legal expertise.
Since a felony stays on your record for life, it is crucial to have an attorney’s assistance to present your best case. While it may be possible to handle the process independently, many steps must be completed accurately and within specific timeframes before the court will consider an expungement request.
Use LegalMatch to find an expungement lawyer who can advise you on local laws regarding expungement and protect your rights throughout the process.
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