Quick Overview
- The answer varies dramatically by state.
- The process is similar to misdemeanor expungement but with higher scrutiny: For more information, visit the BJA.
- Felony convictions that made it into news coverage, legal databases, or data broker sites before expungement are not automatically removed by the court order.
Can You Expunge a Felony?
The answer varies dramatically by state. Some states offer broad felony expungement (Michigan, Illinois, Pennsylvania, Virginia), others limit it to specific offense categories (California, Ohio), and a few have very narrow eligibility or no felony expungement at all (Texas, Florida for most cases). For more information, visit the NCSL statutes.
Even in states with felony expungement, certain offense categories are typically excluded: violent felonies, sexual offenses, offenses involving minors, and felony DUI in most jurisdictions. Learn more about expungement vs. record sealing on our blog.
States That Allow Broad Felony Expungement
| State | Key Law | Eligible Felonies | Wait Period |
|---|---|---|---|
| Michigan | Clean Slate Act 2020 | Most non-violent felonies | 7 years after sentence |
| Pennsylvania | Clean Slate Act 2019 | F3 felonies (Grade 3) | 10 years after sentence |
| Virginia | HB 5146 (2021) | Class 5 & 6 felonies | 7 years after sentence |
| Illinois | Multiple statutes | Class 3-4 felonies (waiting period) | 4-5 years after sentence |
| Ohio | SB 288 (2022) | F4 and F5 felonies | 3 years after sentence |
| Indiana | IC § 35-38-9 | Level 5-6 felonies | 5-8 years after sentence |
| North Carolina | N.C.G.S. § 15A-145.5 | Non-violent felonies | 10 years after sentence |
How the Felony Expungement Process Works
The process is similar to misdemeanor expungement but with higher scrutiny: For more information, visit the BJA.
- Eligibility verification - Pull your full criminal history and verify you meet all criteria: waiting period, no subsequent convictions, eligible offense type
- Petition filing - File with the court of conviction; some states require filing in every county where you have eligible convictions
- Prosecution notice - Most states require the prosecutor's office to be served; felony petitions are more likely to draw a response
- Background investigation - Some states require a state police background check as part of the felony expungement process
- Hearing - Felony expungements more commonly require a hearing; having an attorney is strongly recommended
- Order service - Certified copies must be served on multiple agencies: court, state police, FBI (if prints were submitted federally)
What Disqualifies You From Felony Expungement?
Common disqualifying factors:
- Violent felonies (murder, assault, robbery with injury)
- Sexual offenses (require sex offender registration)
- Crimes involving minors
- New criminal convictions after the offense you're seeking to expunge
- Pending charges at the time of the petition
- Felonies committed while previously convicted of another felony
After Felony Expungement: Online Records Remain
Felony convictions that made it into news coverage, legal databases, or data broker sites before expungement are not automatically removed by the court order. Justia, CourtListener, and Google often continue to show the record. This is especially common with felony cases, which tend to get more coverage and indexing than misdemeanors. For more information, visit the ABA.
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