Felony expungement is more complex than misdemeanor expungement - but it's possible in far more states than most people realize. The key is understanding what your specific state allows, which offenses qualify, and what happens to your online record after the legal process.
By Anthony WillEst. 2013Published May 27, 2026Read time: 10 min
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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
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Your record is probably showing in more places than you realize - and each one can be addressed.
Most people who reach out to us had no idea how many places their record had spread. Justia, Google Scholar, UniCourt, background check sites - each one a new place where employers, landlords, or dates might find you. A free scan shows you exactly where you stand, so you can do something about it.
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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Frequently Asked Questions
Can violent felonies be expunged?
Generally no. Most states categorically exclude violent felonies from expungement eligibility. Some states allow expungement of lower-level violent offenses (like simple assault) after long waiting periods, but murder, rape, robbery with injury, and similar serious violent crimes are almost universally excluded.
Does felony expungement restore gun rights?
This varies by state and the specific offense. In some states, expungement restores civil rights including firearm rights. In others, gun rights require a separate restoration petition. Federal law also has independent restrictions on felons and firearms - a state expungement does not necessarily restore federal firearm rights.
How long does felony expungement take?
Longer than misdemeanor expungement. Allow 6–18 months from filing to court order in most states. Felony petitions draw more prosecutorial attention, hearings are more common, and background investigation requirements add time. Attorney representation is recommended to move the process forward effectively.
Will a felony expungement show on a background check?
After expungement, the felony should not appear on standard FCRA-compliant background checks for employment or housing. However, certain employers (law enforcement, government agencies) may retain access. Professional licensing boards often have independent access. Federal agencies typically see state-expunged records through FBI databases.
Can I become a licensed professional after felony expungement?
Licensing decisions are made by state licensing boards, which often have independent access to criminal records and their own policies on felony disqualification. Expungement improves your situation but doesn't guarantee license approval. Contact the specific licensing board before or during expungement to understand their policies for your offense type.