Criminal Defense Lawyers

Expungement of a Felony: A Second Chance at a Clean Slate

Getting a felony conviction expunged can be a complicated process, but it may provide someone who made mistakes in their past a path to clearing their record. An expungement doesn’t erase the fact that someone was convicted of a crime, but it can remove the conviction from their criminal record, allowing them to truthfully deny they were convicted when applying for jobs, housing, loans and other opportunities.

What is Expungement?

Expungement is the process of sealing criminal records from general review. While the records may still be accessible to police, courts, and other authorized parties, they are removed from reports generated for employment, housing, financial aid, and other purposes. Essentially, an expungement allows someone to legally deny the existence of a criminal record when applying for most opportunities.

Each state has its own laws regarding which crimes can be expunged and the process for securing an expungement. Typically, only less serious felonies are eligible for expungement, while more serious violent crimes are not. Factors like the amount of time that has passed since the offense, the number of crimes committed, and the age of the offender at the time of the crime can impact eligibility.

Why Get a Felony Expunged?

Having a felony on your record can make many aspects of life extremely difficult. From finding a job and renting an apartment, to qualifying for student loans and business licenses, a felony conviction can lead to a lifetime of closed doors.

While an expungement can’t force employers or landlords to overlook your past, it does allow you to truthfully claim you don’t have a criminal record. Essentially, it gives you a chance to start over with a clean slate.

Benefits of Expungement

Some of the benefits of having your felony expunged include:

• Improved Job Prospects – Many employers conduct background checks and automatically disqualify applicants with a criminal record. Expungement allows you to legally deny the existence of a record, improving your chances of landing a good job.
• Access to Housing – Landlords often deny housing to anyone with a felony. Expungement removes this barrier, opening up rental options.
• Eligibility for Loans & Financial Aid – From auto loans to small business funding to college financial aid, a felony can lead to automatic denial. Expungement may allow access to funding options.
• Restoration of Gun Ownership Rights – Felons are prohibited from owning firearms. While expungement does not restore this right in all cases, it can provide a pathway in some states.
• Avoiding Status as a “Habitual Offender” – Having multiple felonies on your record can lead to harsher sentences for any future crimes. Expungement can reduce this risk.
• Increased Access to Travel Visas – Many countries bar entry to individuals with a criminal record. Expungement opens up international travel opportunities.
• Eligibility for Professional Licenses – Doctors, nurses, real estate agents and other licensed professionals can lose their licenses permanently with a felony. Expungement removes this threat.

The Expungement Process

The expungement process varies by state, but generally involves the following:

Determining Eligibility

Not all felonies are eligible for expungement. Typically, the more serious the crime, the less likely expungement is possible. Factors like violence, drug trafficking, amount stolen in a theft, etc. often determine eligibility. Consulting a lawyer is the best way to evaluate if your crime qualifies.

Gathering Required Documentation

Filing a petition for expungement requires collecting extensive records, including your criminal history, trial records, proof of completion of all court ordered terms, and letters of recommendation.

Filing the Petition

You must file a formal petition for expungement in the court where you were convicted, following all local laws and procedures. There are usually filing fees involved.

Attending a Hearing

If the petition is accepted, the court will schedule a hearing. This provides an opportunity for the prosecution to object to the expungement request. You must attend and make your case.

Waiting for Approval

The waiting period for a decision varies. If approved, you still must wait an additional period, usually a few months, for the expungement order to fully process.

Confirming Completion

Once the waiting period has passed, you must confirm the expungement is complete by requesting a background check, which should now be clear.

This process can take over a year in some cases. Having an experienced attorney assist greatly improves the odds of success.

Limitations to Expungement

While expungement provides a clear slate for many purposes, there are some limitations to be aware of:

• Government Agencies – While private employers and landlords cannot access your sealed records, government agencies like law enforcement and social services still can.
• Specialized Background Checks – Extremely thorough, fingerprint-based checks required for certain positions may still uncover expunged records.
• Immigration – Immigration authorities still consider expunged convictions when evaluating visa and residency applications.
• Sex Offender Registries – Many sex crimes lead to registration on public databases that are not cleared by expungements.
• Firearm Rights – As noted above, expungement does not automatically restore all firearm rights in every state.
• Repeat Offenses – Most states do not allow expungement of multiple felonies. One-time offenders have the best chance for expungement.

Should You Hire an Expungement Lawyer?

Trying to navigate the expungement process without legal guidance can be extremely challenging. An expungement lawyer can help:

• Determine Your Eligibility – They can review the specifics of your case and advise if it qualifies under your state’s laws.
• Compile Necessary Documentation – They’ll handle collecting all records, letters of recommendation, and other required documents.
• File the Petition – They’ll prepare the petition customized to your situation and file it properly with the court.
• Represent You at Hearings – They can argue on your behalf at any hearings for the best chance of success.
• Deal with Any Complications – If any issues pop up, a lawyer can help resolve them smoothly.
• Ensure Completion – They will walk you through confirming the expungement went through correctly in the end.

While hiring a lawyer does involve fees, for most the benefits are well worth the cost.

Conclusion

For those who made regrettable choices in their past, expungement provides a chance to clear your record and access opportunities that may have previously been blocked. With the help of a lawyer, and assuming you meet the eligibility criteria, you can petition the courts to have your felony sealed from public view. While limited access still exists in some cases, an expungement provides the best chance to put your past behind you and start fresh. It’s an opportunity worth exploring.