Felony Expungement and Sealing by State (2026)
Which states let you expunge or seal a felony conviction, with waiting periods and main exclusions.
| State | Felony convictions |
|---|---|
| Alabama | A felony conviction can be expunged only if the person has received a pardon from the Board of Pardons and Paroles with restoration of civil and political rights, all forfeited rights have been restored, and 180 days have passed since the pardon was issued. Violent offenses, sex offenses, crimes involving moral turpitude (with a narrow exception) and serious traffic offenses are excluded, along with certain commercial-driver offenses. A few listed violent offenses may be expunged by human-trafficking victims. Only one pardoned-felony expungement is allowed in a lifetime. Ala. Code §§ 15-27-2(b), 15-27-2(c), 15-27-2.1(a)(2) |
| Alaska | The same SIS set-aside applies to felonies: the court system states it does not matter whether the crime was a felony or misdemeanor, but SIS is barred for the listed serious offenses, firearm offenses, and for a felony when the person has certain prior felony or assault convictions (counting set-aside convictions). There is no general petition to expunge or seal a felony conviction. AS 12.55.085(f); Alaska Court System PUB-41 |
| Arizona | Sealing: a class 4, 5 or 6 felony may be sealed five years after completing the nonmonetary terms of the sentence and discharge, and a class 2 or 3 felony after ten years. A later felony after a sealing adds five more years. Not eligible for sealing: dangerous offenses, dangerous crimes against children, serious offenses and violent or aggravated felonies, offenses involving use or threatening display of a deadly weapon or knowing infliction of serious physical injury, sex trafficking, and class 2-5 felonies in the sexual offense and child sexual exploitation chapters. Set-aside: available after completing the sentence, except for dangerous offenses, offenses requiring sex-offender registration, offenses with a finding of sexual motivation, and felonies against a victim under 15; a certificate of second chance is included two years after completion for a class 4-6 felony or five years for a class 2-3 felony, and only one such certificate for a felony set-aside is allowed. A.R.S. §§ 13-911(E), (F), (O); 13-905(K), (L), (P) |
| Arkansas | According to the ACIC felony petition form, a person may petition once the felony sentence is complete, court costs and restitution are paid, and the person has no more than one prior felony. Non-violent Class C and D felonies (and other offenses named in § 16-90-1406(a)(1)-(5)) can be sealed right after the sentence is completed; other eligible felonies require five years after completing the sentence. Not eligible: Class Y, A and B felonies (except as § 16-90-1406 allows), manslaughter, unclassified felonies with a maximum sentence over ten years, felony sex offenses, felonies involving violence under § 5-4-501(d)(2), and felony traffic offenses by commercial license holders. The court may seal a felony if it finds by clear and convincing evidence that doing so furthers the interests of justice. Ark. Code Ann. §§ 16-90-1406, 16-90-1408, 16-90-1415(b); ACIC Petition to Seal Felony (rev. 2021) |
| California | A felony conviction can be dismissed if no new case is pending and the person is not on probation or parole. With a probation or county jail sentence, the court must grant dismissal if probation was completed (otherwise it is discretionary), and a "wobbler" can also be reduced to a misdemeanor. For a felony county jail sentence under § 1170(h)(5), the person may petition one year after completing the sentence if it included mandatory supervision, or two years after if it did not. Since January 1, 2023, a person who served a state prison sentence may petition two years after completing it, unless the conviction requires sex-offender registration. Fire camp participants may seek dismissal under § 1203.4b. Under Proposition 47, certain pre-November 2014 felony drug possession and theft convictions of $950 or less can be reduced to misdemeanors; the filing deadline was removed effective October 8, 2023. Cal. Penal Code §§ 1203.4, 1203.41, 1203.42, 1203.4b, 17(b), 1170.18 |
| Colorado | Class 4, 5 and 6 felonies and level 3 and most level 4 drug felonies can be sealed three years after the end of proceedings or release from supervision (some level 4 drug felonies after two years). Not eligible: class 1, 2 and 3 felonies and level 1 drug felonies, crimes of violence, felonies listed in the Victim Rights Act, convictions involving unlawful sexual behavior, child abuse or domestic violence, extraordinary-risk and aggravated-circumstance crimes, crimes with a pregnant victim, special-offender drug crimes, identity theft, pandering, prostitution and animal cruelty, among others. Up to a limited number of convictions from multiple cases can be sealed together through a separate petition (JDF 641) with longer waiting periods (up to ten years for felonies). C.R.S. §§ 24-72-706(2), 24-72-709; JDF 611; Colorado Judicial Branch sealing presentation (Feb. 2025) |
| Connecticut | Class D and E felonies, unclassified felonies punishable by up to five years, and motor vehicle violations punishable by more than one and up to five years are erased ten years after the most recent conviction (automatically for offenses on or after January 1, 2000; by petition for older ones), once the sentence including parole and probation is complete and no charge is pending. Family violence crimes, sexual offenses and specified offenses are excluded. More serious felonies (class A, B and C) are not covered by Clean Slate; an absolute pardon from the Board of Pardons and Paroles is the route to erase them. Conn. Gen. Stat. § 54-142a(e)(1)(A)(ii), (e)(2), (d) |
| Delaware | Mandatory: certain listed felonies (such as miscellaneous drug crimes, maintaining a drug property, possession of burglar's tools, second-degree forgery and unlawful use of a payment card) qualify ten years after conviction or release, whichever is later, and drug possession under 16 Del. C. § 4756 after five years. Discretionary: other felonies may be expunged by petition seven years after conviction or release if the person has no prior or subsequent convictions, except violent felonies listed in § 4201(c), certain other listed offenses, and felonies involving physical or sexual assault under the Beau Biden Child Protection Act. Some convictions, such as incest and second-degree vehicular assault, can never be expunged. A person convicted of a felony after a prior felony expungement is not eligible, and generally only one conviction expungement is allowed in ten years. 11 Del. C. §§ 4372(f), 4373(a)(2)b.-c., 4374(a)(3), (b) |
| District of Columbia | Felony convictions may be sealed by motion after 8 years from completion of the sentence if the court finds it is in the interests of justice. Offenses in Offense Severity Groups 1, 2 or 3 of the D.C. Sentencing Commission's Master Grid (the most serious felonies) are not eligible. Felony convictions are not covered by automatic sealing. D.C. Code § 16-806(a)(3)(A)(ii) |
| Florida | The same rules apply to felonies: a felony with adjudication withheld may be sealed if the person has no prior adjudication of guilt and no prior sealing or expunction, and the offense is not on the ineligible list. Ineligible offenses (even with adjudication withheld) include murder, manslaughter, sexual offenses and any offense requiring sex-offender registration, aggravated assault and battery, felony battery, domestic assault or battery, stalking, kidnapping, robbery, carjacking, home-invasion robbery, arson, burglary of a dwelling, child abuse, abuse of an elderly or disabled adult, human trafficking, terrorism, drug trafficking and manufacturing a controlled substance, among others. Fla. Stat. §§ 943.0584, 943.059(1) |
| Georgia | Felony conviction restriction rules were not verified for this entry. A person who completes a First Offender Act sentence (including probation, early release by the court, or release from confinement and parole) is exonerated of guilt and discharged as a matter of law, and the record is treated as sealed, though it may be disclosed for certain employment purposes under § 42-8-63.1. O.C.G.A. §§ 35-3-37, 42-8-60, 42-8-63.1; GBI FAQ |
| Hawaii | Felony convictions generally cannot be expunged. Exceptions: a first-time nonviolent drug offender sentenced to probation with substance abuse treatment may get a court order expunging the conviction (one time only) after completing treatment and probation; and a person convicted for the first time of a class C felony property offense who was sentenced to treatment-based probation may get the conviction expunged after completing the program, if the person has no prior felony conviction. People sentenced before June 22, 2006 who would have qualified for the property-offender program may also apply. Haw. Rev. Stat. §§ 706-622.5(4), 706-622.9(3)-(4) |
| Idaho | Felony convictions cannot be expunged, except that felony possession of a controlled substance under § 37-2732(a), (c) or (e) may be shielded on the same five-year terms as misdemeanors. A defendant who received a withheld judgment, a suspended sentence, or was not sentenced to prison may ask the court to set aside the plea or conviction and dismiss the case if there were no probation violations, which restores civil rights. A person discharged from felony probation may ask to have the felony reduced to a misdemeanor; within five years of discharge this requires the prosecutor's agreement, as it does after five years for listed serious offenses (such as murder, robbery, kidnapping and trafficking). Offenses requiring sex-offender registration cannot be dismissed or reduced. Idaho Code §§ 67-3004(11)(a), 19-2604(1), (3), (4) |
| Illinois | Most felony convictions can be sealed three years after the end of the person's last sentence, or immediately at the end of the sentence if the person earned a high school diploma, GED, associate's or bachelor's degree, or career or vocational certificate while serving the sentence or supervised release. Felonies with completed probation or conditional discharge can be sealed after two years. Convictions requiring arsonist, sex offender, or violent offender against youth registration cannot be sealed while registration is required, and the sealing exclusions for sex offenses, domestic battery and certain other offenses apply. Felony convictions generally cannot be expunged unless pardoned with authorization to expunge. 20 ILCS 2630/5.2(c)(2)(D), (F); (c)(3)(B), (C), (E); (a)(3) |
| Indiana | Class D or Level 6 felonies (not involving bodily injury) can be expunged eight years after conviction, and the court must grant expungement if the conditions are met; records are sealed. Other felonies not involving serious bodily injury can be expunged at the later of eight years after conviction or three years after completing the sentence, at the court's discretion; records are marked as expunged. Remaining eligible felonies (including those causing serious bodily injury, and certain offenses by elected officials) require the later of ten years after conviction or five years after the sentence, no conviction in the prior ten years, and the prosecutor's written consent. Not eligible: sex or violent offenders, felonies resulting in death, homicide, human or sexual trafficking, sex crimes, official misconduct by elected officials or judges, serious violent felon firearm possession, and people with two or more separate deadly-weapon felonies. A person may file only one expungement petition for convictions in a lifetime (petitions in different counties within 365 days count as one). Ind. Code 35-38-9-3, -4, -5, -9(i) |
| Iowa | The expungement provisions reviewed do not allow expunging felony convictions. A felony charge that ended in acquittal or dismissal can be expunged under the non-conviction rule, and a felony that received a deferred judgment is expunged after successful discharge from probation and payment of financial obligations. Iowa Code §§ 901C.2, 901C.3, 907.9(4)(b) |
| Kansas | Lower-level felonies (class D or E, nondrug severity levels 6-10, nongrid felonies, and lower drug levels) may be expunged three years after the sentence is satisfied or supervision ends. Higher-level felonies (class A, B or C, off-grid, nondrug levels 1-5, upper drug levels) and felonies involving a motor vehicle require five years. Never eligible: rape, indecent liberties with a child, aggravated criminal sodomy, sexual exploitation of a child, child pornography trafficking, aggravated incest, endangering or abuse of a child, capital or first- or second-degree murder, voluntary or involuntary manslaughter, sexual battery of a minor, aggravated sexual battery, commercial-vehicle DUI, and attempts of these; and no expungement while sex-offender registration is required. For a felony, the court must also find that the person's possession of a firearm is not likely to threaten public safety. K.S.A. 21-6614(a)(1), (c), (e), (f), (h)(4) |
| Kentucky | Most Class D felony convictions (Kentucky's lowest felony class) can be vacated and expunged, along with convictions for any felony if the person received a full pardon. Excluded are DUI, fourth-degree assault, impersonating a peace officer, abuse of public office, sex offenses, offenses against a child, and offenses that caused serious bodily injury or death. The application may be filed 5 years after the sentence, probation or parole ends, whichever is later, and the person must have had no felony or misdemeanor conviction in the 5 years before filing and no pending case. For Class D felonies not on the statute's specific list, the court must also find the person is rehabilitated; if the prosecutor objects, the person must prove at a hearing, by clear and convincing evidence, that expungement is in the public interest. Class A, B and C felonies cannot be expunged unless pardoned. KRS 431.073(1), (2), (4), (5) |
| Louisiana | A felony arrest and conviction can be expunged if: the conviction was set aside and the case dismissed after a deferred sentence (Article 893(E)); more than 10 years have passed since the person completed the sentence, deferred adjudication, probation or parole, with no other conviction in those 10 years and no pending charge; or the person qualifies for a first-offender pardon for an offense that is not a crime of violence or a sex offense. Not eligible: crimes of violence, sex offenses or offenses against a minor victim, domestic abuse battery, and most drug-law violations. Drug possession, possession with intent to distribute, and drug offenses carrying up to 5 years can be expunged. After a hearing, a court may expunge some listed violent offenses (such as aggravated or second-degree battery, simple robbery, purse snatching, aggravated criminal damage to property, and illegal use of weapons) after 10 years with no other conviction and no pending charge. More than one eligible felony may be expunged in a 10-year period. La. C.Cr.P. art. 978 |
| Maine | Maine's more serious crimes (Classes A, B and C) cannot be sealed under the general sealing law. The only exception is the separate process for people whose crimes were a substantial result of their being victims of sex trafficking or sexual exploitation, which can apply to any conviction. 15 M.R.S. §§ 2261(6), 2262-B |
| Maryland | Only a few felonies can be expunged: possession with intent to distribute a controlled dangerous substance, felony theft, and first-, second- and third-degree burglary under certain sections. The wait is 7 years after the sentence is completed, but 10 years for felony theft and first- and second-degree burglary (Crim. Law §§ 7-104, 6-202(a), 6-203), and 3 years for possession with intent to distribute cannabis. If the prosecutor or a victim objects, the court holds a hearing. It must find that the person is not a risk to public safety, has paid any restitution or cannot pay it, and that expungement is in the interest of justice. Md. Code, Crim. Proc. § 10-110(a)(2), (c), (f) |
| Massachusetts | Felony records can be sealed through the same request to the Commissioner of Probation after 7 years since the disposition, including any incarceration or custody, with no conviction and no imprisonment in the past 7 years. The same exclusions apply as for misdemeanors (certain firearms offenses, offenses under chapters 268 and 268A except resisting arrest, and the sex-offense limits). Violations of abuse prevention orders and harassment prevention orders are treated as felonies. M.G.L. c. 276, § 100A |
| Michigan | A person with up to 3 felony convictions (and any number of misdemeanors) may apply to set aside all Michigan convictions. The wait is 5 years for 1 felony and 7 years for more than 1 felony, counted from the sentence, probation, parole or prison term, whichever ends last. Limits: no more than 2 assaultive-crime convictions in a lifetime, and no more than 1 felony for the same offense if it is punishable by more than 10 years. Not eligible: felonies punishable by life imprisonment, certain child abuse, child sexually abusive material and criminal sexual conduct offenses, human trafficking and terrorism offenses, and felony domestic violence when the person has a prior domestic violence misdemeanor. MCL 780.621(1), 780.621c(1), 780.621d(1)–(2) |
| Minnesota | Only felonies on a list in the statute can be sealed by petition, after 4 years with no new conviction since the sentence was discharged. The list includes, for example, lower-level drug possession, third-degree burglary, theft of $5,000 or less, receiving stolen property, forgery, and criminal damage to property. Felonies later treated as gross misdemeanors or misdemeanors (because of the sentence) can be sealed after 4 years for listed offenses or 5 years for other offenses. Most listed felonies are also eligible for automatic expungement after 5 years (4 years for fifth-degree drug possession). Offenses that require predatory offender registration can never be expunged. Minn. Stat. §§ 609A.02 subds. 3(a)(6)–(8), 3(b), 4; 609A.015 subd. 3(b)(4), (c) |
| Mississippi | A person convicted of a felony who has paid all criminal fines and court costs may petition to expunge one felony conviction, 5 years after successfully completing all terms of the sentence. The court decides after a hearing. All convictions arising from a common set of facts count as one. A person may get only one felony expunction. Not eligible: crimes of violence, first-degree arson, drug trafficking, third or later DUI, felon in possession of a firearm, failure to register as a sex offender, voyeurism, witness intimidation, abuse or exploitation of a vulnerable person, and embezzlement. Miss. Code § 99-19-71(2)(a) |
| Missouri | Felonies can be expunged by petition at least 3 years after the person completed the sentence or other disposition, with the same conditions as misdemeanors (no new guilty findings, all fines and restitution paid, no pending charges). The lifetime limit is 2 felonies. Not eligible: class A felonies, "dangerous felonies," offenses requiring sex offender registration, felonies where death is an element, felony assault, felony domestic assault, kidnapping, and the other specific offenses listed in the statute. Related crimes from the same course of conduct can be included in one petition and count as one. RSMo § 610.140(2)–(3), (6), (13) |
| Montana | Montana's expungement law covers only misdemeanors, so felony convictions cannot be expunged. If a felony sentence was deferred and the deferral period ends without a petition to revoke, the court must strike the guilty plea or verdict and dismiss the charge. The records then become confidential criminal justice information. Felony marijuana convictions for conduct that is now legal or less serious may be expunged or redesignated under the marijuana law. MCA §§ 46-18-1104, 46-18-204, 16-12-113 |
| Nebraska | Felony convictions cannot be expunged, but they can be set aside under the same rules as misdemeanors: after completed probation, a fine or community service, or a sentence that did not include more than one year of imprisonment. Felonies with prison sentences longer than one year cannot be set aside. They can be pardoned by the Board of Pardons after a 10-year wait, and a pardoned conviction can then be sealed. Neb. Rev. Stat. §§ 29-2264(2)–(3), 29-3523(5); Nebraska Judicial Branch, Pardons |
| Nevada | Most felonies can be sealed, with waiting periods counted from release from custody or discharge from parole or probation, whichever is later: 10 years for category A felonies, crimes of violence and residential burglary; 5 years for category B, C and D felonies; and 2 years for category E felonies. The person must have no convictions (other than minor traffic violations) and no pending charges during the period. Excluded: crimes against a child, sexual offenses, home invasion with a deadly weapon, felony DUI (with a limited exception for people who completed the statewide sobriety program), DUI causing death or substantial bodily harm, vehicular homicide involving intoxication, and certain felony boating-under-the-influence offenses. NRS 179.245(1), (6), (7) |
| New Hampshire | Felony convictions can be annulled after completing the sentence with no new convictions: 5 years for a class B felony, 10 years for a class A felony, and 10 years for felony sexual assault or felony indecent exposure or lewdness. Never eligible: violent crimes (such as murder, manslaughter, first-degree assault, aggravated or felonious sexual assault, kidnapping, class A arson, robbery, and felony child sexual abuse images), felony obstruction of justice, and any offense that received an extended term of imprisonment. If any conviction on the record is barred, none can be annulled. RSA 651:5, III(d)–(g), V, VI, XIII, XIV |
| New Jersey | A person may apply to expunge one crime (indictable offense) plus up to three disorderly or petty disorderly persons offenses; multiple crimes in a single judgment; or closely related crimes committed in a short period of time. The wait is 5 years after the most recent conviction, payment of fines, completion of probation or parole, or release, whichever is later. A court may allow filing after 4 years if it finds compelling circumstances, or when unpaid fines are not due to willful noncompliance. Never eligible: criminal homicide (except death by auto and strict-liability vehicular homicide), kidnapping, luring, human trafficking, sexual assault, aggravated criminal sexual contact, robbery, arson, perjury, terrorism, several child sexual-exploitation offenses, and crimes by public officials related to their office. Drug sale or distribution convictions are not eligible except small amounts of marijuana or hashish, or third- or fourth-degree offenses where the court finds compelling circumstances. "Clean Slate" expungement lets someone with any number of eligible convictions expunge their entire record 10 years after the most recent conviction, payment, supervision or release. N.J.S.A. 2C:52-2(a)–(c), 2C:52-5.3 (as enacted by P.L.2019, c.269) |
| New Mexico | Felony convictions can be expunged on the same terms after these conviction-free periods: 4 years for a fourth-degree felony, 6 years for a third-degree felony, 8 years for a second-degree felony, and 10 years for a first-degree felony or any offense under the Crimes Against Household Members Act. Not eligible: offenses against a child, offenses causing great bodily harm or death, sex offenses, embezzlement, and DWI/DUI offenses. NMSA 1978, § 29-3A-5(C)(4), (G) |
| New York | Under the Clean Slate Act, a felony conviction is sealed automatically at least 8 years after the person's last release from incarceration for that sentence, or after sentencing if there was no incarceration. There must be no pending New York charge and no current supervision for that conviction. Excluded: sex offenses and sexually violent offenses, and class A felonies other than class A drug felonies. Under CPL 160.59, one felony (and no more than two convictions in total) may be sealed by application after 10 years. Sex offenses, sexual performance by a child, homicide, violent felonies and class A felonies are ineligible. N.Y. Crim. Proc. Law §§ 160.57(1)(b)(ii)–(vi), 160.59; Unified Court System, CPL 160.59 Sealing Application |
| North Carolina | Up to three nonviolent felonies can be expunged by petition. The wait is 10 years for one felony (15 years for one felony breaking or entering under G.S. 14-54(a)), or 20 years for two or three felonies, counted from the conviction or the end of the sentence, probation or post-release supervision, whichever is later. Two or three felonies must have been committed within the same 24-month period. Not eligible: Class A through G felonies, assault offenses, offenses requiring sex offender registration, felonies involving methamphetamine, heroin or selling cocaine, felonies committed with a commercial motor vehicle, certain hate-crime and other listed offenses, and attempts to commit them. The court may grant the petition if the person is of good moral character, has had no misdemeanor (other than traffic) in the past 5 years and no other felony during the waiting period, and meets the other conditions. N.C. Gen. Stat. § 15A-145.5(a), (c)(2), (c3) |
| North Dakota | A person who pled guilty to or was found guilty of a felony may petition to seal the record if they have not been convicted of a new crime for at least five years before filing. Excluded: offenses requiring sex-offender or offender-against-children registration, and felonies involving violence or intimidation during the period the person cannot legally possess a firearm. The Self Help Center describes that period as ten years after conviction or release from incarceration, parole or probation, whichever is latest. The court weighs the same factors as for misdemeanors, including the severity of the crime, risk to society, rehabilitation, and the views of victims and law enforcement. N.D.C.C. §§ 12-60.1-02, 12-60.1-04, 62.1-02-01 |
| Ohio | Waiting periods for sealing run from final discharge. Fourth- and fifth-degree felonies can be sealed after one year, unless the offense is a felony offense of violence. One or two third-degree felonies can be sealed after three years. Felony expungement is available ten years after the date the person became eligible for sealing. Cannot be sealed or expunged: first- and second-degree felonies, felony offenses of violence (other than sexually oriented offenses), sex offenses that require registration, offenses against a victim under 13 (with a limited exception), certain public-office offenses, and third-degree felonies when the person has more than the allowed number of other convictions. The court must find the person rehabilitated, with no pending criminal case, and the person's interest must outweigh any government need to keep the records. Ohio Rev. Code § 2953.32 |
| Oklahoma | According to OSBI's summary, a single nonviolent felony conviction (an offense not listed in 57 O.S. § 571) can be expunged five years after the sentence is completed. The person must have no other felony conviction, no separate misdemeanor conviction in the last seven years, and no pending charges. A person with no more than two felony convictions can seek expungement ten years after completing the sentence, if none of the offenses is on the list in 21 O.S. § 13.1 or requires sex-offender registration and no charges are pending. A nonviolent felony that was later reclassified as a misdemeanor can be expunged 30 days after the sentence ends, if restitution is paid and any ordered treatment is completed. 22 O.S. § 18 (as summarized by OSBI) |
| Oregon | Class C felonies can be set aside five years after conviction or release from imprisonment, whichever is later. Class B felonies can be set aside after seven years, except person felonies (as defined by the Oregon Criminal Justice Commission) and violations of ORS 166.429. Class A felonies are not on the list of eligible convictions. The person must have no other conviction during the same period before filing, not counting motor vehicle violations or drug-enforcement misdemeanors. Also excluded are most sex crimes (with limited exceptions for people relieved of registration), criminally negligent homicide as a Class C felony, certain third-degree assaults, and certain criminal mistreatment or child-endangerment offenses. ORS 137.225(1)(b), (5), (6), (7) |
| Pennsylvania | Felony convictions generally cannot be expunged, except through a pardon or in the age-70 or deceased situations. A petition for limited access is available ten years after conviction for certain lower-level felonies (not first- or second-degree), once restitution and the fee are paid. These include criminal mischief, criminal trespass, theft offenses, forgery and fraud, certain public-assistance fraud, and "qualifying offenses" (a term the statute defines). A "qualifying offense" also becomes Clean Slate limited access automatically after 10 years free from conviction for an offense punishable by a year or more. Limited access is barred for murder, first-degree felonies, offenses punishable by 20 or more years, and people with certain recent violent, firearms, sex, or multiple serious convictions. Separately, any record may be expunged once the person reaches age 70 and has been free of arrest or prosecution for ten years after final release from confinement or supervision, or three years after the person's death. 18 Pa.C.S. §§ 9122(b), 9122.1(a.1), (b), 9122.2(a)(1.1), 9122.3 |
| Rhode Island | A first offender can move to expunge a felony conviction ten years after completing the sentence. In the ten years before filing, the person must have no convictions or arrests, no pending case, all court debts paid or waived, good moral character, and rehabilitation to the court's satisfaction. Crimes of violence can never be expunged. They include murder, manslaughter, first-degree arson, robbery, larceny from the person, first- and second-degree sexual assault, child molestation, burglary, and certain assaults. R.I. Gen. Laws §§ 12-1.3-1(1), 12-1.3-2(a), (d), 12-1.3-3 |
| South Carolina | Felony expungement is limited to specific situations. A first-offense youthful offender conviction can be expunged five years after the sentence (including probation and parole) is completed, if the person has no other conviction. Violent crimes, Chapter 25 (domestic violence) offenses with limited exceptions, sex-offender-registry offenses, and motor-vehicle offenses are excluded. A first-offense conviction for possession with intent to distribute a controlled substance can be expunged 20 years after completing the sentence, if the person has no other drug or felony conviction during that period. Each of these can be used only once. S.C. Code Ann. §§ 22-5-920, 22-5-930(B) |
| South Dakota | South Dakota has no petition to expunge a felony conviction. A person never before convicted of a felony may receive a suspended imposition of sentence for most felonies (not those punishable by death or life imprisonment). When the person completes probation, the court discharges them without a judgment of guilt and orders the records sealed. This can happen only once. Otherwise, a felony conviction record is sealed only through a pardon granted under the Board of Pardons and Paroles process. SDCL 23A-27-13, 23A-27-14, 23A-27-17, 24-14-11 |
| Tennessee | Only listed felonies committed on or after November 1, 1989 are eligible. These are mostly theft, fraud, forgery, vandalism, certain drug offenses, and similar Class C, D and E felonies. Class E felonies can be expunged five years after the sentence is completed, and the listed Class C and D felonies after ten years. All sentence conditions, fines, restitution and costs must be satisfied, the offense must predate any ineligible conviction, and it is generally a one-time remedy. Drug convictions do not qualify if the offense was committed with a commercial driver license in a motor vehicle, or in a commercial motor vehicle. The court weighs the petitioner's interest against justice and public safety. For eligible petitioners who meet the requirements, the law presumes, subject to rebuttal, that the petition should be granted. Tenn. Code Ann. §§ 40-32-107(a), 40-32-108(d) |
| Texas | A felony conviction can be expunged only after a pardon or an acquittal on appeal. A person who completed deferred adjudication for a felony, with discharge and dismissal, may petition for an order of nondisclosure five years after the discharge. Excluded are offenses requiring sex-offender registration, family-violence offenses, and certain listed offenses such as murder, capital murder, aggravated kidnapping, human trafficking, injury to a child or elderly person, and stalking. The court must find the order is in the best interest of justice. Tex. Gov't Code §§ 411.0725(e)(3), 411.074; Tex. Code Crim. Proc. arts. 55A.003, 55A.004, 55A.101 |
| Utah | Most felonies can be expunged by petition 7 years after the case ended or supervision ended, whichever is later. Felony drug possession has a 5-year wait, and a felony conviction under Utah Code § 58-37-8(2)(g) has a 10-year wait. The following cannot be expunged: capital and first-degree felonies, "violent felonies" as defined in Utah Code § 76-3-203.5, felony DUI, registrable sex offenses, and registrable child-abuse offenses. Also ineligible are people with two or more felonies (other than drug possession), three or more felony drug-possession convictions, or other high conviction counts. The Courts suggest that people who are ineligible may try a motion to reduce the conviction or a pardon, and then seek expungement. Utah Code § 77-40a-303; Utah Courts Self-Help |
| Vermont | Only listed felonies qualify for sealing. These are: burglary (but not burglary of an occupied dwelling, unless the person was 25 or younger and unarmed); designated property felonies such as forgery, grand larceny, embezzlement, retail theft, identity theft, unlawful mischief and computer crimes; regulated-drug offenses; and any offense for which the Governor granted an unconditional pardon. The court must grant the petition seven years after the sentence was completed, if restitution and surcharges are paid, unless the prosecutor shows sealing would be contrary to the interests of justice. 13 V.S.A. §§ 7601(4)(B), (5), 7602(d) |
| Virginia | Class 5 and 6 felonies, and felony larceny punished under § 18.2-95, can be sealed by petition (offense date on or after January 1, 1986). The person must have had no new reportable conviction for ten years and must meet the same restitution, rehabilitation and manifest-injustice requirements. The person must never have been convicted of a Class 1 or 2 felony or any felony punishable by life imprisonment, no Class 3 or 4 felony in the past 20 years, and no other felony in the past 10 years. Excluded are violent felonies listed in § 17.1-805(C), felonies involving a firearm (unless firearm rights were restored), registrable sex offenses, and other listed offenses. Va. Code § 19.2-392.12(A), (F), (L) |
| Washington | A person who has received a certificate of discharge may ask the sentencing court to vacate a felony conviction. Class C felonies require five years since the latest of sentencing, release from confinement, or release from community custody, with no new conviction in the last five years. Class B felonies require ten years on both counts. Violent offenses and crimes against persons are not eligible. The exceptions are second-degree assault, third-degree assault (not against an officer), and second-degree robbery, if there was no firearm, deadly weapon or sexual motivation enhancement. Felony DUI and felony physical control cannot be vacated. Pending charges also bar relief. The statute's waiting periods cover only class B and C felonies. RCW 9.94A.640 |
| West Virginia | A person convicted of a nonviolent felony (or felonies from the same transaction) may petition five years after the latest of conviction, release from incarceration, or end of supervision. Excluded: felony crimes of violence against the person, felonies with a minor victim, sex offenses, offenses involving a deadly weapon, burglary of a dwelling, DUI, offenses the judge found sexually motivated, and other listed offenses. The court must also find that the felony did not involve violence or potential violence. People who completed an approved substance-abuse treatment program, or a job-readiness training course approved by the state Department of Education, may petition sooner: three years for a nonviolent felony. W. Va. Code §§ 61-11-26(a)(2), (b)(3), (c), (p)(5), 61-11-26a |
| Wisconsin | Felonies qualify only under the same rule: the person was under 25 at the time of the offense, the maximum prison term is 6 years or less, and the judge ordered expungement at sentencing. Class H and Class I felonies cannot be expunged if the person has a prior felony conviction, if the offense is a violent offense, or if it is one of certain listed offenses such as stalking or specified crimes against children. Wis. Stat. § 973.015(1m)(a) |
| Wyoming | A person with felony convictions from a single occurrence or related course of events may petition ten years after the sentence (including probation) is completed, any court-ordered program is finished, and restitution is fully paid. The person must have no other felony conviction. Not eligible: felonies involving the use or attempted use of a firearm (except those punishable under Title 23, the game and fish laws), violent felonies, sex offenses, offenses requiring sex-offender registration, and other listed offenses. A felony expungement can be granted only once. It restores any rights lost because of the conviction. Wyo. Stat. § 7-13-1502 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.