How to Expunge a Felony Conviction in 2026 (4 Steps to Take)
Find out how to expunge a felony conviction with these steps. First, check if your felony qualifies, then contact a lawyer to file a petition with the court. State expungement laws require a waiting period, and only 6.5% of applicants succeed. Your chances improve if the expunged felony is a lower-level offense.
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Dustyn Coontz
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Dustyn Coontz is a top-rated criminal defense attorney in Lansing, Michigan. He founded Coontz Law to serve the criminal defense needs in his state. His law firm offers defense on DUIs, traffic ticket appeals, criminal defense, civil rights, and appellate issues. Dustyn was honored with being named one of the “Rising Stars” in his state for 2019 - 2022. He is also a published author. He w...
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UPDATED: May 22, 2025
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UPDATED: May 22, 2025
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Expungement is only available after completing felony probation. The steps to expunge a felony require determining whether the conviction qualifies and then filing a petition with the court.
Felony expungement provides more opportunities. You no longer have to list criminal history on applications, but it’s not automatic — you have to meet certain requirements. Use this guide to learn how to expunge a felony conviction and what you need to qualify.
- Step #1: Meet Criteria – Not all felonies qualify, depending on the crime
- Step #2: File Petition – Fill out legal forms and pay filing fees
- Step #3: File Proof of Service – Ensure the district attorney receives your petition
- Step #4: Judge Review – Judge grants or denies expungement
Federal felony expungement can be simple, but many expungement cases require the help of a criminal lawyer. Enter your ZIP code to find a local criminal law attorney who specializes in post-conviction relief.
4 Steps to Expunge a Felony Conviction
Can you expunge a felony conviction? The answer depends on another question: can all felonies be expunged? Only qualifying felonies can be expunged. If your prior felony conviction was for a lower-level offense like theft, you have a better chance than you would for felony child endangerment or murder. Similarly, the courts are less likely to help you if you have an extensive criminal history.
What are the next steps to get a felony removed from your record? Scroll down to learn how to expunge a federal felony conviction. If you served time in prison, you should contact a criminal lawyer who handles expungements to find out what options your state provides.
Step #1: Meet Eligibility Criteria
How do you qualify to expunge felony records? Many states require that a certain number of years have passed (between three and 10 years) after a felony conviction and/or discharge from probation before a petition to expunge it can be filed. Other requirements that determine who qualifies for expungement include:
- Statute of Limitations: Many states require that you wait until the statute of limitations has run on your sentence or a certain number of years have passed after your discharge from probation.
- Criminal Activity: You are only eligible for felony expungement if you do not engage in any further criminal behavior. Certain offenses, such as those involving family violence, requiring registration as a sex offender, or resulting in serious bodily injury, are generally ineligible for expungement.
- Sentencing: The type of sentence you received will influence your qualification for expungement. If you were sentenced to prison, many states will never allow you to expunge a felony. You’ll have a better chance if you received probation.
Can a felony be expunged? Not in every case. Reach out to a criminal defense attorney who can work with you to find the best route, even if you were convicted of violent offenses. You may still be eligible for non-disclosure, provided you can show that a lengthy amount of time has passed without new criminal charges and that you are a contributing, law-abiding member of society.
Learn More: How Prior Convictions Impact Criminal Cases
Step #2: File Expungement Petition
If your charge qualifies for expungement, your next logical question is — how can you remove a felony from your record? The expungement process requires the filing of a petition with the court in the county where the conviction occurred. It can cost anywhere between $75 and $600 to file for expungement, not including attorney’s fees.
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Deliver a copy of the petition to the district attorney, either by mail, email, or a process server through the sheriff’s department. Attach any required documents, including affidavits and proof of sentence completion. Most states require you to send notice of your expungement request to local law enforcement and the Department of Public Safety. A copy must also be sent to the Attorney General for certain offenses.
Step #3: File Proof of Service
After all the relevant parties have received your request, you must file a proof of service form proving you delivered the original expungement petition. It must include how it was delivered, who received it, and when. This gives the district attorney time to respond to your expungement request.
The attorney’s office has 30-60 days to respond. If they object, a hearing will be scheduled. You can also request a hearing with the court, but you have the burden at the hearing of proving that you qualify for expungement. The courts will have certain information available, but a criminal defense attorney is your best resource.
Read More: How many judges hear an appeal in federal court?
Step #4: Judge Review
Judges consider the sentence and how much time has passed since you were discharged. They also look at your criminal history and community conduct, and will listen to objections from victims and prosecuting attorneys before expunging or sealing a felony conviction.
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Some expungements are more automated and don’t require a petition or a judge’s review. For example, most juvenile offenses are expunged when the child reaches 18 or 21, depending on the state. Even with aggravated assault or sexual assault, a young adult can request expungement of their juvenile records.
In some states, new laws are automating felony expungement for adults, depending on the crime. This means your record would automatically be expunged or sealed after the statute of limitations expired. Keep reading to learn how to get a felony expunged in your state.
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How to Get Felonies Expunged by State
Can you have a felony expunged in every state? While the process is generally the same across the country, 13 states do not expunge felony records. For instance, in Washington, D.C., only felony failure to appear convictions can be sealed. If you’re wondering how to get rid of a felony in your state, check the table below to see if you’re eligible.
How to Expunge a Felony Conviction: State Laws & Requirements| State | Felony Relief | Requirements |
|---|---|---|
| Alabama | Expungement | Limited to non-violent, non-sexual, and pardoned felonies |
| Alaska | None | Only certain marijuana felonies may be expunged or sealed |
| Arizona | Sealing | Felonies may be sealed after 5-10 years, excluding Class 1 felonies |
| Arkansas | Sealing | Only C and D felonies and certain drug offenses may be sealed |
| California | Sealing | Eligible after four years; Limited to non-violent and non-sexual felonies |
| Colorado | Sealing | Eligible after 3-5 years; Excludes violent crimes, DUIs, and sexual offenses |
| Connecticut | Erasure | Class D, E, and unclassified felonies auto-erased after 10 years |
| Delaware | Expungement | Non-violent and non-sexual felonies are auto-expunged after seven years |
| Florida | None | No statutory authority to seal or expunge adult convictions |
| Georgia | Sealing | Eligible after seven years; Limited to non-violent and non-sexual felonies |
| Hawaii | None | No statutory authority to seal or expunge adult convictions |
| Idaho | None | No statutory authority to seal or expunge adult convictions |
| Illinois | Sealing | Eligible after three years; Excludes violent and sexual crime, DUI, animal cruelty. |
| Indiana | Expungement | Eligible after eight years; Excludes repeat DUIs and violent offenses |
| Iowa | None | No statutory authority to seal or expunge adult convictions |
| Kansas | Expungement | Eligible after 3-5 years; Excludes violent sexual offenses, commercial DUIs |
| Kentucky | Expungement | Only Class D felonies may be expunged after five years |
| Louisiana | Expungement | Eligible after 10 years; Excludes violent crimes, domestic violence, sex offenders |
| Maine | None | No statutory authority to seal or expunge adult convictions |
| Maryland | Expungement | Eligible after 15 years but limited to theft, burglary, and drug-related felonies |
| Massachusetts | Sealing | Eligible after seven years; Excludes violent crimes, DUIs, fraud, weapons charges |
| Michigan | Expungement | First felony must wait five years; second felony eligible after seven years |
| Minnesota | Expungement | Non-violent felonies are eligible after four years |
| Mississippi | Expungement | Only first-time offenders are eligible after five years |
| Missouri | Expungement | Eligible after three years; Excludes violent and sexual crime, computer crime, DUI |
| Montana | None | No statutory authority to seal or expunge adult convictions |
| Nebraska | None | Felonies are set aside, nullifying the conviction but not expunging the record |
| Nevada | Sealing | Class E felony eligible after two years; Class D, C, B five years; Class A 10 years |
| New Hampshire | Annulment | Eligible after 5-10 years; Excludes incest and sexual crimes involving minors |
| New Jersey | Expungement | Non-violent and non-sexual felonies are auto-expunged after 10 years |
| New Mexico | Expungement | Eligible after 6-10 years; Excludes violent crimes, sexual offenses, corruption |
| New York | Sealing | Limited to two convictions; Excludes violent and sexual crimes |
| North Carolina | Expungement | Eligible after 10 years; Limited to non-violent, non-sexual felonies |
| North Dakota | Sealing | Eligible after 3-5 years; Limited to non-violent, non-sexual felonies |
| Ohio | Expungement | Low-level felonies eligible after one year; Third-degree or higher after three years |
| Oklahoma | Expungement | Eligible after five years; Limited to non-violent, non-sexual felonies |
| Oregon | None | Felonies are set aside, nullifying the conviction but not expunging the record |
| Pennsylvania | Sealing | Low-level felonies automatically sealed after 10 years |
| Rhode Island | Expungement | Only first-time offenders are eligible after 10 years |
| South Carolina | None | No statutory authority to seal or expunge adult convictions |
| South Dakota | None | No statutory authority to seal or expunge adult convictions |
| Tennessee | Expungement | Eligible after five years; Limited to non-violent, non-sexual felonies |
| Texas | Non-Disclosure | Eligible after five years; Excludes violent crimes, sexual offenses, parole violations |
| Utah | Expungement | Eligible after seven years; Excludes violent crimes, sexual offenses, DUI |
| Vermont | Expungement | Non-violent felonies eligible for sealing or expungement |
| Virginia | Sealing | Low-level felonies sealed after 10 years, excluding DUIs and domestic violence |
| Washington | Vacated | Set aside a guilty verdict or plea after 5-10 years; Excludes Class A felonies |
| Washington, D.C. | None | Only felony failure to appear convictions can be sealed |
| West Virginia | Expungement | Eligible after five years; Excludes violent crimes, sexual offenses, and DUIs |
| Wisconsin | None | No statutory authority to seal or expunge adult convictions |
| Wyoming | Expungement | Eligible after 10 years; Limited to non-violent, non-sexual felonies |
A handful of states have adopted the Clean Slate Law, which automatically expunges or seals a felony record after a set number of years. With this law, you do not have to file a petition — your criminal record is automatically removed from public access.
Learn More: The Difference Between Clemency And Pardons
What is the new expungement law in Minnesota? As of 2025, the Minnesota Clean Slate Act automatically expunges all misdemeanor and non-violent felonies after four years. What felonies cannot be expunged in Minnesota? Violent crimes are not eligible for expungement under Minnesota’s clean slate law.
Different Ways States Process Criminal Records
Can you get felonies expunged across the country? No, but some states seal criminal records from the public. This doesn’t destroy your criminal record the way expunging does, but still hides it from most employers, lenders, and landlords. Other states, like Texas, Washington, and New Hampshire, have other ways of clearing records:
- Annullment: Removes the conviction from public access and reinstates the offenders legal status as if the felony never occurred, although it will appear in security clearance checks.
- Non-Disclosure: Seals criminal records from public access, but the felony still exists and can be accessed by law enforcement and the courts.
- Vacated Sentence: The Court withdraws a guilty conviction, usually after a successful appeal or other post-conviction relief. The felony still appears in background checks, but the conviction is marked as vacated.
- Set Aside: The court can nullify a conviction after the offender successfully serves their sentence, but the felony record is not erased or sealed, and it still appears on background checks.
In all instances, criminal records can still be accessed by federal institutions, including the FBI, as well as certain state facilities. However, if you have an expunged felony, your criminal record is destroyed and cannot be accessed by anyone or any government entity.
What felonies can be expunged in Texas? Texas law does not expunge adult felony convictions. However, non-violent offenders can file for non-disclosure to seal adult criminal records. Can I own a gun after felony expungement in Texas? You can own a gun in Texas after a felony conviction, starting five years after your release, pending any parole violations.
3 Case Studies: How to Get a Felony Off Your Record
How do you expunge a felony? Expungement laws require you to file a petition for expunction, but this doesn’t look the same for everyone. These case studies break down how to remove a felony from your record based on different offenses, budget concerns, and state laws.
Read More: What are the differences between petty offenses, misdemeanors, infractions, and felonies?
Case Study 1: Determining Eligibility for Felony Expungement
John was convicted of a lower-level felony for theft several years ago and has since rehabilitated himself. He wants to explore the possibility of expunging his felony conviction to improve his chances in job applications and other opportunities.
If you’ve had an expungement or pardon, has your record still caused problems?
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Can you get a felony expunged? John consults with a criminal lawyer who helps him evaluate his eligibility based on the specific nature of the conviction, state laws, and the passage of time since the offense. The lawyer guides John through the expungement process, ensuring that he meets all requirements before filing a petition with the court.
Read More: Do I need an attorney to have my federal criminal record expunged?
Case Study 2: Assessing Qualifications for Drug-Related Felony Expungement
Emily has a prior felony conviction for drug possession with the intent to distribute. She wishes to expunge her record to have better job prospects and avoid the long-term consequences of criminal convictions. Emily consults a criminal defense attorney who thoroughly reviews her case and the applicable state laws regarding expungement of drug-related felonies.
The attorney helps Emily understand the possibilities and limitations of expunging her particular conviction, considering the nature of the offense, sentence type, and her current circumstances. Together, they prepare the necessary documentation and file a petition for expungement, adhering to the timing requirements set by state law.
Case Study 3: Expungement Cost and Financial Assistance
Michael was convicted of a felony in Florida, and after completing his sentence, he aims to expunge his criminal record. He’s concerned about the cost of the process, especially considering his financial situation. Michael reaches out to legal aid clinics in his area that offer low and no-cost options for legal representation to low-income individuals seeking to expunge their records.
With their help, he gathers the required information and fills out the expungement worksheet to determine if he meets the criteria for expungement. The legal aid clinic connects Michael with an experienced expungement attorney who represents him for a reduced fee. Together, they successfully file the expungement petition, and Michael obtains a clean slate.
How to Get a Felony Expunged From Your Record
Can you get a felony removed from your record? Expunging a felony record is the right step in the rehabilitation process, but not all felonies will qualify. It’s not easy to know when or how to expunge a felony conviction, but these four steps will help you get started.
- Step One: Determine if you’re eligible to expunge a felony based on your state laws.
- Step Two: File a petition for expungement. We recommend hiring an attorney to ensure you include all necessary documents (Read More: Do I need an attorney to file a petition of factual innocence?).
- Step Three: File a proof of service that lets the district attorney know you are filing for felony expungement.
- Step Four: A judge will review your case and approve or deny expungement. A hearing is not required, although you can request one.
Typically, the cost of expunging a felony includes court fees — in some cases, an application fee is also required. If you hire an attorney, those costs rise initially. You can also have a conviction sealed or vacated in some states, which may be easier and less costly.
If you’re wondering how to get a felony removed from your record and where to get legal help, contact a criminal attorney in your area. They can walk through the requirements specific to your state and jurisdiction. You can search for felony expungement attorneys near you by entering your ZIP code in our free search tool.
Frequently Asked Questions
How do you remove a felony from your record?
Can you get a felony off your record? Depending on your state laws and the nature of the crime, you can petition to have a felony expunged from your record after 3-5 years from conviction. File the petition for expungement with your district attorney’s office and the original court where your case was ruled.
How much does it cost to get a felony expunged?
How much does it cost to expunge a felony? Attorney’s fees to expunge felony offenses are usually between $1,000 and $2,500, which includes all costs for court appearances, but does not include court costs or filing fees. Enter your ZIP code to find an affordable expungement attorney near you.
How much does it cost to expunge a felony in Texas?
Expunging a conviction in Texas can cost more than $3,000 in attorney fees and $600 or more in court costs. However, Texas allows multiple arrests and convictions to be reviewed at once. Expungement costs for misdemeanors are therefore the same, but Texas law prohibits felony expunction.
How much does it cost to get your record expunged in Florida?
The process for expunging adult criminal records in Florida is much less expensive than in other states, including Texas. The application fee is $75, and court costs generally don’t exceed $75. Attorney’s fees are going to be the most expensive part of the process, but you can likely find an experienced Florida expungement attorney to represent you for less than $1,000.
How much does expungement cost in Missouri?
Court fees can cost up to $175 in Missouri, not including the $30-$200 service fees. If you hire an attorney in Missouri, you will pay an additional $1,500 to $5,000 to get a felony expunged.
How much does it cost to get your record expunged in Ohio?
In Ohio, the court costs are usually only $50, and an applicant can request expungement of multiple convictions in the same motion. As in most other states, the attorney’s fees for expunging a felony in Ohio are the most expensive cost. If you want to have your conviction sealed in Ohio, there are no court costs at all.
Learn More: Eligibility for Expunging and Sealing Adult Criminal Records in Ohio
How much does expungement cost in Minnesota?
If you don’t qualify for automatic expungement through the Minnesota Clean Slate Act, you will have to pay $300 for each offense to file a petition. Can I get a free expungement in MN? Yes, expungement is free through the Clean Slate Act, or you can apply for expungement through the state Attorney General’s HelpSealMyRecord program.
Can you get my record expunged for free?
If you can prove your financial inability to pay the filing fees and court costs, there may be legal aid clinics in your area willing to help. Organizations have popped up around the country to help low-income people defend themselves in court, expunge old records, and otherwise get their lives back on track.
Can you expunge a felony drug conviction?
That depends on the classification of the drug crime. A conviction for drug possession (possession of a controlled substance) may be easier to expunge than possession with the intent to distribute. A felony drug charge can be expunged, but whether a specific charge qualifies depends on the charge, punishment, and state law. If a dangerous weapon was found at the time of the arrest, it could complicate matters further.
Does timing matter for a felony expungement petition?
When can a felon get his record expunged? Many states require that you successfully complete probation and pay all fines and restitution before you qualify. You may also have to wait until the statute of limitations has passed, depending on the conviction.
How long before a felony is off your record?
On average, you must wait 10 years before you are eligible to expunge a felony. In some states, the wait time is shorter for lower-level felonies, usually between five and seven years.
Do I have to disclose a felony after seven years?
If your record is not sealed, vacated, or expunged, you will have to disclose your criminal record to employers, landlords, etc. Felonies will also show up on your background check unless your record is expunged or sealed.
How do I get a felony overturned?
You can overturn a felony conviction by appealing or requesting a new trial based on new evidence or legal errors. Talk with a criminal attorney to learn how to appeal a criminal conviction and discuss other options for post-conviction relief.
What is the difference between a felon and a convicted felon?
There is no difference between felons and convicted felons, since both offenders are found guilty of their crimes and convicted in a court of law. If you have your felony record expunged, you will no longer be considered a felon.
Find the right lawyer for your legal issue.
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Dustyn Coontz
Criminal Defense Attorney
Dustyn Coontz is a top-rated criminal defense attorney in Lansing, Michigan. He founded Coontz Law to serve the criminal defense needs in his state. His law firm offers defense on DUIs, traffic ticket appeals, criminal defense, civil rights, and appellate issues. Dustyn was honored with being named one of the “Rising Stars” in his state for 2019 - 2022. He is also a published author. He w...
Criminal Defense Attorney
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.