Reasons for Seeking Felony Expungement
If you get a felony expunged from your record, it can open up more options for you.
Felony convictions will make it much harder for you to get a job, qualify for professional licenses or even vote. It’s still a tough situation to be in.
You might also run into some problems – even the possibility can haunt you – if your record shows an arrest or a criminal prosecution, even if you weren’t convicted at all.
These kinds of marks can stick with you and make things harder, so if you take steps to clear them, it helps you move forward with fewer obstacles.
I’d Like to Get a Felony Expunged – Is This Possible?
Wiping a felony from your criminal record isn’t going to be easy for you. The system still doesn’t bend. When the crime is serious, you’ll find that it’s much harder for you to get it removed completely.
Felony convictions for crimes such as first-degree murder or child pornography charges almost never qualify for any expungement process in the court system.
Factors Influencing Felony Expungement
Some things can actually make it more likely for a court to look at your expungement request in a positive way. Time can still be on your side here.
Judges will also see how old you were when the crime happened, what offense it was and how much time has passed since your conviction or arrest. Make sure that you complete everything that the court ordered in your sentence – every completed job can add up. This helps your case.
The Process of Expunging a Felony
If your state lets you expunge a felony, then you’ll just need to meet the guidelines it sets out before you can ask the court to clear your record. It’s still worth taking your time with this. Once you have met these requirements, you can file a petition with the court where your case took place. Make sure that you have any of the paperwork your state may ask for – this might even mean that you need to get a certified copy of your criminal record and anything else the process calls for.
If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?
Once your felony gets expunged in most states, it’ll drop off from your public record. That can feel like a weight has been lifted from you. Because of this, you don’t have to include the charge or the conviction on any job applications, when filling out housing forms, on applications for public benefits, or when you’re applying to a school. If someone runs a background check for a possible job opportunity, then the expunged felony won’t show up on it. No looking over your shoulder anymore.
Limitations of Expungement
Even though expungement helps you in different ways, it does still have some important limits. It’s not a perfect fix. Law enforcement can still look up your expunged records and the police and the courts might also factor in those past charges if you’re ever sentenced for a future case.
When Disclosing Expunged Offenses May Be Required
Sometimes you’ll just need to share some information about your expunged offenses when you’re applying for jobs or professional licenses.
You’ll also see that law enforcement jobs ask for this information. Police officers, correctional officers and similar roles usually want to know about any of your previous offenses, even if they’ve been expunged – it can help transparency and keep public trust. It’s a tough balance to strike.
It might also come up if you’re looking at financial services jobs – especially true if the offense had to do with fraud, embezzlement or anything that’s financial. No one wants surprises down the line.
You’ll also find some disclosure requirements when you want to work with children. Teachers, daycare workers, and others who work with kids may need to share some information about their past offenses, even after the expungement – this requirement helps make the environment safer for minors. Some healthcare jobs require disclosure too.
If you’re planning on entering the legal field, you may need to disclose previous offenses.
Jobs within the government often require disclosure. That’s also the case for roles involving national security or dealing with sensitive information, which may require you to disclose your expunged offenses as well.
Educational institutions sometimes ask for information about your expunged offenses when you’re applying for a job or even for admission to programs.
Try checking the laws for your state and industry since the requirements can vary.
Is Expungement the Same as Record Sealing?
Expungement and the record sealing process work in different ways. With the record sealing process, your criminal records are just hidden from most of the public view. But they’re still out there and sometimes a court can also allow access if someone asks for it. It’s a weight that doesn’t completely lift.
The expungement process takes things a step further. When your records are expunged, all your arrest files and charges are completely erased, so it’s as if they never happened at all.
What Are the Requirements for Felony Expungement?
Felony expungement laws can be pretty different depending on where you live.
In most places, you’ll need to wait a certain amount of time after your conviction. So you have to finish everything that the court asked of you.
It matters too to stay out of trouble – you need to show that you haven’t been charged or convicted of anything else since then. That part sneaks up on people.
It also helps if you can show how you’ve been working to turn things around or give back to your community.
Can All Felonies Be Expunged?
You just can’t expunge every type of felony. The laws here are still strict. Most states don’t let you clear any violent felonies, sex offenses, or serious crimes, including weapons charges. In some places where the felony convictions don’t qualify for expungement, you can only clear your record if your charges were dismissed, withdrawn, or pardoned. You can also clear it if you ended up with a non-conviction – this could be possible through deferred sentencing or with a not guilty verdict.
Which Felonies Are Not Eligible for Expungement?
Most of the states that allow for felony expungements end up setting some limits on which felonies you can actually seal or just clear from your record. You won’t be able to use an expungement if the crime was a serious or violent one. The laws also block anyone who’s required to register as a sex offender from clearing their record or being taken off the registry. You can’t expunge any federal crimes, either. The system draws a hard line there.
Examples of Non-Expungable Felonies
When a crime involves a victim who’s younger than 18, the law takes these cases very seriously. This includes sex crimes like rape or sexual battery and cases of corrupting a minor or anything related to child pornography. If you find yourself facing accusations in one of these areas, you’re going to be dealing with strict penalties and tough restrictions.
It’s a difficult situation to be in.
Make sure you understand what you’re up against before you choose to move forward, and contact a lawyer if you’re unsure of anything.
Legal Consequences of Expunged Felonies
Some states have different expungement rules. Even if your felony doesn’t show up on your record anymore, it can still count toward the three-strikes limit in states like California – past options have long shadows – and it means that the court might bring it up if you have any new felony charges in the future. Old history can still knock on your door. You should keep this in mind with how expungement works in your state.
Felony Reduction and Wobbler Crimes
You can sometimes get crimes reduced from a felony to a misdemeanor. That’s also still the case when the crime wasn’t violent – it’ll make it much easier for you to clear your record. The states have what are called wobbler crimes. These are crimes that can go either way – they could be charged as a misdemeanor or a felony, depending on what happened in your case. It’s a bit of a tightrope walk.
If you think that your charge might qualify, you should talk to a felony reduction lawyer. They can help you figure out if your charge could be lowered to a misdemeanor – everything counts here.
Do I Need an Attorney for Help with Felony Expungement?
You can always try a criminal lawyer for some help with your felony expungement.
If you work with an experienced expungement lawyer, it can also give you a smoother process. You’ll get input at each step of the way, from filing your court petition to following the rules. If you need to present your evidence or speak in court, your lawyer can stand with you and make everything clearer.
A felony can stay on your record for the rest of your life, so when you have legal help it can give you a stronger chance. You could handle the process on your own. But each step needs to be done right and on time – it’s a tight window to work with – before a judge will even look at your request.
You can use our service at LegalMatch to connect with a lawyer who knows the ins and outs of expungement in your area and will work with you throughout the process to ensure your rights remain protected.
