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What felonies can you get expunged?

Published in Felony Expungement Eligibility 3 mins read

The ability to expunge a felony conviction is not universal and largely depends on the specific laws of the jurisdiction where the conviction occurred, as well as whether certain conditions related to the offense and the individual's record are met. There isn't a single, fixed list of felonies that can be expunged across all states; eligibility is determined by statutes in each jurisdiction.

Understanding Felony Expungement Eligibility

Expungement laws vary significantly from one state to another. Generally, the eligibility for expunging a felony is determined by the nature of the crime, the sentence received, the successful completion of all court-ordered requirements, and the individual's subsequent criminal record. It's not about a specific category of felonies (e.g., "all drug offenses") but rather the circumstances surrounding the conviction and the individual's conduct afterward.

Key Conditions for Felony Expungement (Example: California)

In many jurisdictions, specific criteria must be met for a felony conviction to be eligible for expungement. For instance, in California, felony convictions can only be expunged if certain conditions are satisfied. These conditions focus on the individual's legal history and compliance rather than the specific type of felony, though the nature of the crime can impact initial sentencing and thus expungement eligibility.

Here are the primary conditions that must be met for a felony conviction to be considered for expungement in California:

Condition Description
No State Prison Time Served The individual must not have served time in a state prison for the felony conviction. This often means the person received a sentence of county jail, probation, or an alternative sentencing program.
Successful Probation Completion Felony probation must have been successfully completed. This implies that all terms and conditions set by the court were fulfilled.
No Current Legal Issues At the time of the expungement petition, the individual must not be currently facing new criminal charges, on probation for another offense, or serving another sentence.

If these conditions are met, many felony convictions, particularly those that did not involve incarceration in a state prison, may become eligible for expungement.

Important Considerations

While meeting the above conditions opens the door for expungement of many felony convictions, it's crucial to remember that laws vary. Additionally, certain serious felonies are often statutorily excluded from expungement eligibility in many jurisdictions, regardless of whether the individual meets the general conditions. These typically include:

  • Serious Violent Crimes: Felonies such as murder, aggravated assault, or certain sex offenses are often permanently ineligible for expungement.
  • Sex Offenses: Convictions requiring lifetime sex offender registration are typically not eligible for expungement in most states.
  • Other Specific Offenses: Some states may have specific lists of felonies that are explicitly excluded due to their nature or severity.

Understanding the specific laws of the state where the felony conviction occurred is the first step in determining eligibility for expungement. For more general information on expungement, you can refer to resources like FindLaw's overview of expungement.