Expungement acts to dismiss the felony, almost as though it never happened. Only 16 states allow expungement of a conviction. The general public may not know about your expunged felony, but law enforcement agencies and courts still have access to that part of your record. If you’re convicted of another crime after having a prior conviction expunged, the expunged conviction may add to the severity of your sentence. Most states don’t allow expungement of serious, violent felonies. Some states do not allow you to expunge felonies at all. If you live in a state where this is true, you will have to work to get your felony reduced to a misdemeanor, and then you could possibly get that misdemeanor expunged.
Some states allow the expungement of arrests only. If you live in a state like this, you might not be able to expunge felony or misdemeanor convictions at all.
Even if you’re successful in getting your conviction expunged, you may still have to disclose it in some instances, such as if you’re applying for a professional license or a job in law enforcement. , Depending on the state, you might have to wait several years after your conviction before you can file to have your record expunged.


The length of time you have to wait can depend on several factors, including your age and the severity of the crime. Those factors vary from state to state.
The waiting period doesn’t start until after you’ve finished all aspects of your sentence. This includes successfully completing any probation period and paying all fines. , In many states you’ll have to present police and court records about your felony when you file for expungement. You probably will have to pay fees for certified copies of those documents. You also will need copies of your criminal history and fingerprint records from the arresting police department. In some states, such as Florida, you also must have new fingerprints taken to submit with your expungement petition. , States have a form, typically called a Motion or Petition for Expungement, to be filed with the court. All you have to do is fill in the blanks. You should consider talking to a criminal defense attorney if you find the forms or process difficult or have problems obtaining the documents or related information. You may be able to talk to someone in the public defender’s office or even the attorney who handled your case originally.
 After you’ve finished filling them out, you need to file your forms with the proper court clerk. Some states also require you to serve the form to district attorneys or law enforcement agencies. If the state requires you to serve your expungement papers to law enforcement officials, understand that you cannot do this yourself. The clerk’s office will have a list of local process-serving companies, and you’ll have to use one of those.
You’ll pay fees to file your expungement request, which usually amount to a few hundred dollars. If your state requires you to serve the forms, there will be fees for that service as well. These fees are nonrefundable. When the clerk stamps and files your petition, s/he will give you a docket number and schedule your hearing. , In some states judges hold expungement hearings, while others use parole boards. The hearing may be less formal than a trial, but you should treat it with the same respect. Dress neatly and conservatively, and arrive early with copies of all the documents you’ve filed. The judge or parole board must decide if you’ve been successfully rehabilitated, so you may be asked questions about your education, home and family life, financial health, physical well-being, and employment.
Police officers and district attorneys may attend your hearing to object to the expungement of your record.
If the judge grants your expungement, you need copies of the signed Expungement Order to deliver to law enforcement agencies. The clerk’s office will let you know where to send them. If the judge denies your request for expungement, ask him/her to list the reasons for the denial and to explain what you can do in response. After a period of time, during which you resolve those issues, you may well be able to reapply for expungement.
Find out if expungement is available in the state where you were convicted.
Make sure the required time has elapsed since your conviction.
Gather your records.
Complete the required forms.
File and serve your expungement forms.
Appear in court for your hearing.
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