A felony conviction doesn’t have to follow you forever. If you’re trying to rebuild your life—get a job, rent a home, or apply for college—getting a felony expunged could be your fresh start.
According to the Bureau of Justice Statistics (BJS), over 6.1 million adults in the U.S. have a felony conviction on their records. In Georgia alone, approximately 730,000 individuals carry a felony.
That’s millions of people who may struggle to find housing, jobs, or access to education. But here’s the good news: expungement is possible, and more states are making it accessible.
What Is Felony Expungement?
Felony expungement is the legal process of erasing or sealing a felony conviction from your criminal record. Once expunged:
- Employers and landlords usually can’t see it.
- You may legally say “no” when asked if you’ve been convicted.
- You regain access to public benefits, housing, and some licenses.
It’s not available for all crimes, and not everyone qualifies, but the process exists in over 35 U.S. states, each with its own rules.
Why Does Expungement Matter?
Here’s what a felony can affect:
| Area Affected | Impact of a Felony Record |
|---|---|
| Employment | Employers may reject applicants with felonies |
| Housing | Landlords often run background checks |
| Education | Limits access to college financial aid |
| Voting Rights | In some states, felons lose the right to vote |
| Professional Licenses | May prevent obtaining licenses in healthcare, law |
Getting a felony expunged can give you back these rights and opportunities.
More Opportunities: Does the Post Office Hire Felons?
Are You Eligible for Felony Expungement?
This is the make-or-break part. Expungement laws vary, but most states use five core eligibility criteria:
- Type of Crime: Violent crimes, sexual offenses, and crimes against children are usually not eligible.
- Time Passed Since Sentence: Typically, 5 to 10 years must pass after completing your sentence, probation, or parole.
- No New Offenses: You can’t have recent convictions on your record.
- Completed Sentence: Including all fines, fees, community service, and probation terms.
- State Residency: Some states require that the crime occurred in-state and that you still reside there.
State-by-State Expungement Snapshot
| State | Felony Expungement Available | Typical Waiting Period | Violent Felony Eligible? |
|---|---|---|---|
| Alabama | ✅ Yes (limited) | 3–5 years | ❌ No |
| Alaska | ❌ No | N/A | ❌ No |
| Arizona | ✅ Yes (Set Aside) | Immediately after sentence | ❌ No |
| Arkansas | ✅ Yes | 5 years | ❌ No |
| California | ✅ Yes | 5 years | ❌ No |
| Colorado | ✅ Yes (limited) | 3–10 years | ❌ No |
| Connecticut | ✅ Yes (Clean Slate Law) | 7 years | ❌ No |
| Delaware | ✅ Yes (limited) | 3–7 years | ❌ No |
| Florida | ❌ Very limited | N/A | ❌ No |
| Georgia | ✅ Yes (Record Restriction) | 4 years | ❌ No |
| Hawaii | ✅ Yes (limited) | 1–5 years | ❌ No |
| Idaho | ✅ Yes (narrowly) | 5 years | ❌ No |
| Illinois | ✅ Yes | 3–5 years | ❌ No |
| Indiana | ✅ Yes | 8 years | ❌ No |
| Iowa | ✅ Yes (narrow) | 8 years | ❌ No |
| Kansas | ✅ Yes | 3–5 years | ❌ No |
| Kentucky | ✅ Yes | 5 years | ❌ No |
| Louisiana | ✅ Yes | 10 years | ❌ No |
| Maine | ❌ No | N/A | ❌ No |
| Maryland | ✅ Yes | 7–10 years | ❌ No |
| Massachusetts | ✅ Yes | 5–10 years | ❌ No |
| Michigan | ✅ Yes | 3–7 years | ✅ Sometimes |
| Minnesota | ✅ Yes | 4–5 years | ❌ No |
| Mississippi | ✅ Yes (limited) | 5 years | ❌ No |
| Missouri | ✅ Yes | 3–7 years | ❌ No |
| Montana | ✅ Yes (limited) | 5 years | ❌ No |
| Nebraska | ✅ Yes | 10 years | ❌ No |
| Nevada | ✅ Yes | 5 years | ❌ No |
| New Hampshire | ✅ Yes | 1–10 years | ❌ No |
| New Jersey | ✅ Yes | 5–10 years | ❌ No |
| New Mexico | ✅ Yes | 2–10 years | ❌ No |
| New York | ✅ Yes | 10 years | ❌ No |
| North Carolina | ✅ Yes | 5–10 years | ❌ No |
| North Dakota | ✅ Yes | 5 years | ❌ No |
| Ohio | ✅ Yes | 1–3 years | ❌ No |
| Oklahoma | ✅ Yes | 5 years | ❌ No |
| Oregon | ✅ Yes | 3–7 years | ✅ Rarely |
| Pennsylvania | ✅ Yes | 5 years | ❌ No |
| Rhode Island | ✅ Yes | 5 years | ❌ No |
| South Carolina | ❌ No | N/A | ❌ No |
| South Dakota | ✅ Yes | 5 years | ❌ No |
| Tennessee | ✅ Yes | 5 years | ❌ No |
| Texas | ✅ Yes (nondisclosure/limited) | 5–10 years | ❌ No |
| Utah | ✅ Yes | 7 years | ❌ No |
| Vermont | ✅ Yes | 5 years | ❌ No |
| Virginia | ✅ Yes (as of 2025, new laws) | 7 years | ❌ No |
| Washington | ✅ Yes | 5 years | ❌ No |
| West Virginia | ✅ Yes | 5 years | ❌ No |
| Wisconsin | ✅ Yes (rare cases) | 5 years | ❌ No |
| Wyoming | ✅ Yes (very limited) | 10 years | ❌ No |
| Washington D.C. | ✅ Yes | 8 years | ❌ No |
Step-by-Step: How to Get a Felony Expunged
Here’s the expungement process.
1. Get a Copy of Your Criminal Record
Start by pulling your state-level criminal background report. You can usually request this from:
- Your state’s Department of Justice
- Local law enforcement
- Online through state websites
Example: In California, use the DOJ’s “Live Scan” fingerprinting system.
2. Review Eligibility with a Lawyer or Legal Aid
You don’t have to use a lawyer, but you should absolutely confirm eligibility before filing. Many legal aid organizations offer free consultations.
Check out LawHelp.org to find local, affordable assistance.
3. Gather Required Documents
Depending on your state, you’ll need:
- Court disposition records
- Proof of sentence completion
- Character reference letters
- Personal statement
- Government-issued ID
4. Fill Out the Petition for Expungement
This is the formal request to the court. It typically includes:
- The charge(s) you want expunged
- When and where the conviction happened
- Why you’re seeking expungement
Many states have a standardized form, which can often be downloaded from their court website.
5. Pay the Filing Fee (or Request a Waiver)
Expungement isn’t always free. Fees range from $50 to $500 depending on the state.
Example:
- California – $120 average
- Texas – $300+
- Illinois – $60, but you can request a waiver if you’re low-income
6. Attend the Court Hearing (if Required)
Some expungements are handled by paperwork only. Others require you to stand before a judge, who will ask:
- Why are you requesting expungement?
- What have you done since the conviction?
- Have you stayed out of trouble?
Bring proof of employment, community service, education, or letters of recommendation.
7. Wait for the Decision
The court will either:
- Approve your petition
- Deny your request (with an explanation)
- Ask for additional documents
This decision can take 1 to 6 months depending on the state and court backlog.
8. Follow Up and Update Background Check Services
Once approved, make sure your record is updated:
- Notify commercial background check companies
- Request updated background reports
- Check court and police department websites
Common Mistakes to Avoid
Avoid these to prevent delays or denials:
- Submitting incomplete paperwork
- Failing to pay fines or restitution
- Applying too soon
- Lying about your criminal history
- Ignoring state-specific procedures
Can You DIY or Should You Hire a Lawyer?
You can file for expungement without a lawyer—but legal guidance helps if:
- Your felony was serious or complicated
- You’re applying in a tough state (like Florida or Indiana)
- You’ve had previous denials
Legal cost: Expect to pay $500 to $1,500 for an expungement lawyer.
Final Thought
If a felony conviction is holding you back, know this—you’re not stuck. Many people have successfully reclaimed their futures through expungement. It takes time, paperwork, and patience, but it’s absolutely worth it.
FAQs
Can violent felonies be expunged?
Usually no. Most states exclude violent crimes like murder, rape, and armed robbery.
How long does expungement take?
On average, 3 to 6 months, depending on the court system.
Can a felony be expunged more than once?
Rarely. Most states allow one-time expungement only.
Will an expunged felony show up on a background check?
Not on most checks, but government agencies or courts might still see it.
Can I vote after expungement?
Yes, in many states. Voting rights are often restored once your record is cleared.
