How to Expunge a Felony Record

Most states now provide some form of post-conviction relief for felony offenses, though the specific remedy, whether called expungement, sealing, dismissal, or nondisclosure, varies by jurisdiction. As of 2026, more than 40 states have enacted statutes that allow at least some felony convictions to be cleared, sealed, or reclassified. The eligibility requirements, waiting periods, excluded offense categories, and procedural steps differ substantially from state to state, making it essential to understand both the general framework and the specific rules in your jurisdiction before filing a petition.

Can a Felony Be Expunged?

Yes, in the majority of states. The more precise answer depends on what your state means by "expungement" and which category of felony you were convicted of.

Some states offer true expungement for felonies, meaning the court orders the physical and electronic destruction of all records related to the conviction. After true expungement, the conviction is treated as though it never occurred, and the person is generally entitled to deny the record on employment and housing applications.

Other states offer functional equivalents under different names. California uses a "dismissal" mechanism under Penal Code 1203.4, which allows a person to withdraw their guilty or no-contest plea and have the court enter a dismissal. The conviction remains on the California Department of Justice record but is reclassified as "dismissed," providing meaningful protection for most private employment situations. The companion statute PC 1203.41, expanded by SB 731 (effective July 1, 2023), extended this relief to felony convictions that included state prison sentences, a category that was previously excluded.

Indiana provides one of the most comprehensive felony expungement frameworks in the country through the Second Chance Act, codified at IC 35-38-9. This statute covers felonies ranging from lower-level Class D and Level 6 offenses through serious felonies at Levels 1 through 5, with different eligibility requirements and waiting periods for each tier.

Illinois distinguishes between expungement (available only for arrests that did not result in conviction and certain diversion completions) and sealing under 20 ILCS 2630/5.2, which extends to some felony convictions. Sealed records are hidden from most background checks but remain accessible to law enforcement and certain government agencies.

Texas offers two separate pathways: true expungement under Code of Criminal Procedure Chapter 55A, which applies exclusively to arrests that did not result in conviction (dismissals, acquittals, no-bills), and orders of nondisclosure under Government Code 411.081, which seal records of deferred adjudication cases from public view while retaining law enforcement access. Neither pathway provides felony conviction expungement in the traditional sense, making Texas one of the more restrictive states for people seeking to clear a felony conviction from their record.

The distinction between these remedies matters for background checks, professional licensing, and disclosure obligations. For a detailed comparison, see our guide on expungement vs sealing.

Which Felonies Can Be Expunged?

The felonies most commonly eligible for expungement or sealing fall into several broad categories.

Nonviolent property offenses, including theft, burglary, forgery, and fraud convictions below specified dollar thresholds, are eligible in most states that allow felony expungement. These represent the largest category of expungeable felonies.

Drug possession offenses are widely eligible, reflecting a national legislative trend toward treating lower-level drug convictions as candidates for record clearing. Many states have expanded eligibility specifically for drug possession felonies in recent years, and some Clean Slate laws provide automatic sealing for qualifying drug offenses after a waiting period.

Lower-level felony classifications, such as Indiana's Level 6 and former Class D felonies, Ohio's fourth and fifth-degree felonies, and Illinois's Class 4 felonies, are generally eligible with appropriate waiting periods. These categories cover a wide range of nonviolent conduct and represent the most accessible tier of felony expungement in states with tiered systems.

White-collar offenses, including certain categories of fraud, embezzlement, and financial crimes, may be eligible depending on the state and the severity of the offense. States with tiered systems typically make these eligible if the conviction falls within the lower felony classification tiers.

First-time felony offenses receive favorable treatment in many states. Several jurisdictions have specific first-offender provisions that provide access to expungement or sealing that would not be available to someone with multiple felony convictions.

Which Felonies Cannot Be Expunged?

Nearly every state that allows felony expungement maintains a list of categorical exclusions. These excluded offenses reflect legislative judgments that certain conduct is too serious for record clearing, regardless of rehabilitation.

Sex offenses requiring registration are excluded from felony expungement in virtually every state. This includes all offenses that trigger placement on a state sex offender registry, regardless of the underlying felony classification level.

Violent felonies involving serious bodily injury or death are excluded in most states. Murder, manslaughter, aggravated assault, kidnapping, and armed robbery are among the most commonly excluded offense categories. Indiana's Second Chance Act (IC 35-38-9) carves out felonies resulting in serious bodily injury from its standard expungement provisions at Section 9-4, though Section 9-5 allows a limited form of sealing (restricting public access while maintaining law enforcement access) for some of these offenses.

Offenses against children, including child abuse, child exploitation, and child endangerment convictions, are excluded in most states regardless of the felony classification level.

DUI and vehicular offenses resulting in injury or death are excluded in many states, including Illinois, which specifically excludes DUI offenses from sealing under 20 ILCS 2630/5.2.

Domestic violence felonies are excluded in a growing number of states, reflecting federal firearms law implications under 18 U.S.C. 922(g)(9) and state-level policy decisions about domestic violence recidivism risk.

Offenses involving official misconduct or corruption, including perjury, bribery, and abuse of office, are excluded in states like Indiana, which specifically bars elected officials convicted of these offenses from using the Second Chance Act.

What Is the Step-by-Step Process?

While the exact procedure varies by state, felony expungement generally follows a consistent sequence of steps.

Step 1: Confirm eligibility. Before filing anything, verify that your specific offense is eligible under your state's statute, that you have completed the mandatory waiting period, that all terms of your sentence (including probation, parole, fines, and restitution) are fully satisfied, and that you have no pending criminal charges. Most states also require that you have no subsequent convictions, or at least no subsequent felony convictions, during the waiting period.

Step 2: Obtain your criminal history record. Request an official copy of your criminal history from your state's bureau of investigation, department of justice, or equivalent agency. This record confirms exactly what appears in the state database and helps identify every case that needs to be addressed. In states where the FBI fingerprint record differs from the state record, you may also want to request your FBI Identity History Summary (available through the FBI's website for a $18 processing fee).

Step 3: Prepare the petition. Most states require a formal petition or application filed with the court that handled the original case. The petition typically requires: your identifying information, the case number and court of conviction, the statute under which you are seeking relief, a statement of rehabilitation, documentation that you have completed all sentence terms, and in some states a sworn affidavit or declaration. Some states provide standardized petition forms, while others require a petition drafted to meet specific court rules.

Step 4: Pay the filing fee. Filing fees vary by state, typically ranging from $0 to $400. Some states offer fee waivers for indigent petitioners. The fee is paid to the clerk of the court where the petition is filed.

Step 5: Serve required parties. Most states require that you serve a copy of the petition on the prosecuting attorney's office, and some require service on the arresting law enforcement agency, the state attorney general, or victim notification through the victim notification system. Service requirements are jurisdictional, and failure to properly serve all required parties can result in dismissal of the petition.

Step 6: Attend the hearing (if required). Some states schedule a hearing where the judge considers the petition, hears from the prosecution (which may support or oppose the petition), and may ask the petitioner questions about rehabilitation. Other states allow the court to rule on the petition without a hearing if no objection is filed. Whether a hearing is required, and whether the prosecution typically objects, varies significantly by jurisdiction and by the individual prosecutor's office.

Step 7: Receive the court order. If the court grants the petition, it enters an order directing the relevant agencies to expunge, seal, or dismiss the record according to the state's statute. The court typically sends copies of the order to law enforcement agencies, the state criminal records repository, and any other entities required by statute.

Step 8: Verify database updates. After receiving the order, wait 60 to 90 days and then check your criminal history record again to confirm that the databases have been updated. If any database still shows the expunged or sealed record, you may need to send a copy of the court order directly to the agency and follow up. For more on expected timelines, see our guide on how long expungement takes.

How Long Do You Have to Wait?

Every state that allows felony expungement imposes a mandatory waiting period before you can file. These waiting periods are statutory requirements, not suggestions, and filing before the period expires results in an automatic denial.

The waiting period typically begins on the date of completion of all sentence terms, including incarceration, probation, parole, and payment of all fines and restitution. In some states it runs from the date of conviction, and in others from the date of discharge from supervision. The distinction matters and can affect your filing date by years.

Common waiting periods for felony expungement range from three years on the shorter end to ten years on the longer end, with most states falling in the five to eight year range. Indiana's Second Chance Act requires eight years from the date of conviction for Level 6 and former Class D felonies under Section 9-3, and eight years or three years from completion of the sentence (whichever is later) for more serious felonies under Section 9-4. Illinois requires three years from completion of the sentence for eligible felony sealing under 20 ILCS 2630/5.2. California's waiting period under PC 1203.4 is generally tied to completion of probation, with felony probation terms typically ranging from two to five years.

The practical implication is that if you are approaching eligibility, you should begin gathering documentation and preparing your petition before the waiting period expires so you can file promptly on the eligibility date. The waiting period is the minimum delay; it does not include the additional months the court takes to process the petition after filing.

What Does It Cost?

The total cost of felony expungement involves three categories: court filing fees, attorney or filing service fees, and ancillary costs.

Court filing fees are set by statute or court rule and vary by state. Ohio charges $50 for sealing applications. California's filing fee for a PC 1203.4 petition varies by county but is typically between $60 and $120, with fee waivers available. Indiana charges $157 for expungement petitions in most counties. Illinois generally charges $0 to file a sealing petition under the Criminal Identification Act. Texas charges $0 for an expunction petition but $0 to $500 for nondisclosure orders depending on the offense type.

Attorney fees for felony expungement petitions typically range from $1,500 to $6,000, depending on the complexity of the case, the number of convictions involved, the jurisdiction, and whether a contested hearing is anticipated. Complex cases involving multiple felonies across different jurisdictions, or cases where the prosecution is expected to object, may cost more.

Filing services like Fresh Start Expungement offer flat-fee pricing at $10,000 per record that covers the entire process from eligibility assessment through petition filing, agency notification, and post-order verification. Payment plans are available.

Ancillary costs may include fees for obtaining official criminal history records ($10 to $30 in most states), the FBI Identity History Summary ($18), notarization fees for affidavits ($5 to $15 per document), and certified mail costs for serving required parties.

State-by-State Felony Expungement Overview

The following table summarizes felony expungement availability, waiting periods, key exclusions, and filing fees across eight major states. This is a simplified overview; each state's statute contains additional eligibility criteria and procedural requirements.

Note that several states not listed here also provide felony relief. This table covers the states most commonly asked about. For your specific state, review the detailed guide on your state's expungement page.

What Happens After Your Felony Is Expunged?

Once a court grants a felony expungement or sealing order, several things change in practical terms.

For private employment, a properly expunged or sealed felony should not appear on standard background checks conducted by consumer reporting agencies under the FCRA. In most states, you gain the legal right to answer "no" when asked whether you have been convicted of a felony on employment applications. This is one of the most significant practical benefits, as felony convictions are the single largest barrier to employment for people with criminal records.

For housing, landlords using standard tenant screening services should not see an expunged or sealed felony. This removes a major obstacle to securing rental housing, which affects the stability of employment, family life, and continued rehabilitation.

For professional licensing, the effect varies by state and by licensing board. Some boards retain access to sealed records, particularly in healthcare, education, law enforcement, and financial services. Others are bound by the expungement order and cannot consider the expunged conviction. If you hold or are pursuing a professional license, verify your specific board's access rights before assuming the expunged record will not be reviewed.

For firearm rights, felony expungement does not automatically restore the right to possess firearms under federal law. The federal prohibition under 18 U.S.C. 922(g)(1) applies to anyone convicted of a crime punishable by imprisonment exceeding one year, and whether a state expungement lifts this federal disability depends on a complex analysis of whether the expungement restores civil rights under that state's specific statutory framework. This is an area where incorrect assumptions carry serious criminal consequences, and legal consultation is essential before possessing any firearm after a felony conviction.

For education, an expunged felony removes barriers to college admissions at institutions that ask about criminal history, eligibility for federal student aid (which currently does not ask about most drug convictions), and access to campus housing.

One limitation applies across all categories: state expungement does not automatically update federal databases. The FBI's Interstate Identification Index may retain a record of the original arrest and conviction even after a state court grants expungement. For positions requiring FBI fingerprint-based background checks, the expunged record may still surface through federal channels. Separately notifying the FBI and requesting a record update is an additional step that is worth pursuing after receiving the state court order.

How Fresh Start Can Help

Fresh Start Expungement handles the complete felony expungement process across all 50 states, from initial eligibility assessment through petition filing, hearing representation coordination, and post-order database verification. Our team evaluates your specific conviction against your state's statute to determine which remedy is available, whether expungement, sealing, dismissal, or nondisclosure, and which procedural pathway applies.

Felony cases involve higher stakes and more complex eligibility requirements than misdemeanor petitions. The waiting periods are longer, the excluded offense categories are more detailed, prosecution objections are more common, and the court's discretion is broader. Having a knowledgeable team manage the process reduces the risk of procedural errors that can result in denial and ensures that every required step, from proper service to complete documentation, is handled correctly.

The process begins with a free consultation where we review your criminal history, confirm your eligibility under your state's specific statute, explain the expected timeline and costs, and answer any questions about what relief will mean for your specific situation, whether that is employment, housing, licensing, or restoring rights.

A felony conviction does not have to define your future. In most states, the law provides a path to clearing your record, and that path starts with understanding whether you qualify.

Schedule Your Free Consultation to find out if your felony conviction is eligible for expungement in your state.