What crimes can be expunged in the US?
Many felonies cannot be expunged. Each state has its own rules.
Some states allow for the expungement of all or most felony convictions. Other states do not allow felonies to be expunged at all.
Certain felonies are almost never eligible for expungement. These generally include:
- In many cases, there is a waiting period to expunge a conviction. There may be other requirements, as well.
In most states, if a felony is expunged, it will be hidden from public view. Private parties will not be able to see it on your criminal history. The felony will be hidden from:
- Each state has its own list of criminal records that can be expunged. What is eligible for expungement will depend on the state.
Certain criminal records are more likely to be eligible for expungement than others. These records are:
- Convictions are the type of records that are the least likely to be expunged.
- Convictions for a felony are less likely to be eligible for expungement than a misdemeanor. Again, there are a lot of differences between states.
In some states, no felony conviction can be expunged. These states include:
In some states, the list of felonies that can be expunged is very short. These include:
In still other states, though, most felonies can be expunged. Only the most severe offenses are ineligible. These states include:
In the states that are the most generous with expungement, there are still some felonies that cannot be expunged. Some of these crimes can include:
Certain states do not allow DUIs to be expunged from one’s record
Driving under the influence (DUI) is not eligible for expungement in a surprising number of states. Many states expressly prohibit expungement of a DUI conviction or guilty plea.
Some of these states include:
An expungement is supposed to hide a criminal record from public view.
It does not destroy the record of a felony conviction. Certain government agencies can still access it.
However, in some states, an expunged record can still be seen. These states may refer to the process as expungement or by another term, like:
Most states have a long list of requirements that need to be met for a felony to be expunged. These requirements typically include:
Each state has its own requirements. They can be very strict or relatively easy.
For example, in California, felony convictions can only be expunged if:
Expungement is not available for certain criminal offenses, even if these requirements are met. These include:
For more in-depth information on expungement laws, our criminal defense lawyers suggest you refer to these scholarly articles.
What is the new law for expungement in California?
There is a new law in California that went into effect in 2023 called the California Clean Slate Act (SB 731). Under the Clean Slate Act, authorities will automatically expunge – or dismiss – certain arrests and criminal convictions.
What cases cannot be expunged in California?
If you have been convicted of a crime in California, you may be wondering if there is a way to clear your record and what felonies cannot be expunged. A criminal defense attorney can help you get rid of as many records as possible.
Having a criminal record is like carrying a heavy weight on your back for the rest of your life. A criminal record can prevent you from getting a good job, and good housing, and also carries a significant social stigma.
There are some criminal charges that cannot be expunged, no matter what, from your record. If you are currently asking yourself “can a felony be expunged in California?” here is some useful information.
Some of the most common charges that cannot be expunged include:
- Remember that an experienced criminal defense attorney can help you seal your record, which can make it difficult for potential employers or landlords to see your criminal record.
It is important to consult with a criminal law attorney to get an accurate and personalized assessment of eligibility for expungement, as each case is unique and the law can change.
On the other hand, there are crimes that can be removed from your criminal record. For example, if you have been convicted of a crime not listed above, you may still be able to expunge your record. Some of the most common crimes that can be expunged include:
A question people often ask is how long it takes to expunge an arrest warrant. In California, this varies based on a number of factors, including the nature of the warrant, the workload of the court, and compliance with necessary legal procedures. Here is a general guide to the process and estimated time:
If you are eligible for expungement of criminal charges, an attorney can help you navigate the process and make sure everything is done correctly. The expungement process can be complicated, and an attorney can make things much easier for you. Additionally, an attorney can help you seal your record if expungement is not an option.
If you are eligible for expungement, the first step is to file a petition with the court. The petition must be filed in the county where you were convicted of the crime. Once the petition is filed, the court will set a hearing date. At the hearing, the judge will decide whether or not to grant your request for expungement.
If you are granted expungement, the court will order the California Department of Justice to remove the charge from your criminal record. Once the charge is expunged, it will be as if you were never convicted of the crime.
The time it takes to expunge a criminal record in the United States can vary depending on several factors, including the type of crime, the state in which it occurred, and the workload of the courts. Below is a general process and how long it might take:
Preparation and filing of the application: 1-3 months. This includes obtaining and reviewing the criminal record, preparing the necessary documentation, and filing the expungement application with the court.
How much is it to get your record expunged in California?
Infraction Expungement $900* Misdemeanor Expungements $900* Misdemeanor DUI Expungement $1,075. Felony Expungement $1,200* (includes a reduction to a misdemeanor when eligible)
Do I need a lawyer to expunge my record in Florida?
Do I have to have an attorney to get my criminal history sealed or expunged? There is no requirement that you have an attorney in order to request a seal or an expungement of your criminal history record.
How much does it cost to get something expunged off your record in Florida?
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David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life.
We have provided more expungements than any other law firm in the state of Florida, but don’t just take our word for it.
“My experience with this law firm was exceptional. After submitting the required documents, they took care of everything with ease, professionalism, and expediency. I was kept informed throughout the process. In only 3 months, all record of my case was erased from my background check. I used the “expunge now, pay later” option, which let me pay the fee over time with Affirm.” – Lee County
“I’m beyond happy right now, I contacted David about my case few months ago and right away he was able to help me , the whole process was very easy they kept me updated every step now my case is sealed.very professional I recommend this firm, if I can give more than 5 stars I would.” – Miami-Dade County
“I would recommend anyone that has a background to use Erase the Case Services. David is a great lawyer answers all of your questions keeps you updated during the process. The staff there are excellent people very professional. The process doesn’t even take long!” – Broward County
“After having doubts about Erase the case the expungement law firm, David and his team gave me the piece of mind I’ve been searching for after successfully expunging my case… I 100% recommend Erase the case to anybody in need of help. Again, thanks David for everything.” – Orange County
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How can I get my record expunged in California for free?
We’ll connect you to trusted public defenders or legal aid to help with your petitions for record clearance.
If you have convictions in multiple counties, apply in each county where you have convictions. Obtener informacion en español.
Contact the Public Defender or legal aid
The Public Defender or legal aid will be able to provide you with legal advice that will help determine your eligibility.
Learn about eligibility
- If you know what happened in your cases, you can read a bit about whether you may be eligible for clearance.
Get a copy of your CA DOJ RAP sheet
Knowing what cases you have on your CA Department of Justice (DOJ) RAP sheet can help you determine which of them are eligible for clearance.
This is the general process in California. We encourage you to find your county above and look up their process.
The Public Defender or legal aid in the county where you have convictions will be able to help you start the process.
In about 2-6 weeks, the Public Defender or legal aid will contact you. They’ll tell you what you qualify for and your next steps.
The Public Defender or legal aid will ask the court to grant you criminal record relief and update you with the final decision and official documents.