How to Remove a Felony From Your Record

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Having a felony on your record can cause serious problems even after you’ve served your sentence. Felons may have difficulty finding a job, renting an apartment or getting higher education. You may pay higher insurance premiums or higher interest on credit cards. These issues can be even more difficult to contend with if you never committed the crime in the first place. Fortunately, most states have procedures in place that can prevent these consequences and allow you to move on with your life.

Getting Your Record Sealed

• If your record is sealed, the felony typically will not appear when someone runs a criminal background check on you, as when you apply for a job or seek to rent an apartment. [1] X Research source
• Some states (Illinois, for example) do not allow records of any felony convictions to be either expunged or sealed under any circumstances absent pardon from the governor.

• The waiting period may differ depending on the severity of your crime. For example, Massachusetts requires you to wait ten years before applying to have a felony record sealed, compared to five years for a misdemeanor conviction. [2] X Research source
• Know when the waiting period starts. In some states you must first complete any period of probation and pay all fines. In other states the waiting period begins the day you’re convicted. Elsewhere it may begin on the day you leave jail. [3] X Research source
• In many states, records may be sealed upon request after a certain period of time has elapsed without further review. However, you must maintain a clean record during that waiting period.

• You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction.

• If you have to file your forms with a clerk of the court, expect to pay filing fees ranging from less than a hundred dollars to a few hundred dollars.

• You generally don’t have to do anything if your petition is granted. Your records will automatically be sealed, although it may take some time for that to happen.
• If your petition is denied, you’ll be informed of the reasons for its denial, the steps you can take to address those reasons, and when you can reapply to have your record sealed. [7] X Trustworthy Source State of Massachusetts Official website for the State of Massachusetts Go to source

Getting Your Record Expunged

• 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. [9] X Research source 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. [10] X Research source 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.

• 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.

• 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.

• 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.

• 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.

• 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. [13] X Research source

Getting a Certificate of Actual Innocence

• Generally you can file a petition for this certificate if you believe you are innocent of a crime for which you were convicted, and you’ve discovered new and exonerating evidence that wasn’t available at the time of your conviction. [15] X Research source
• Certificates of Actual Innocence serve to overturn wrongful convictions. For example, an accused person might be pressured to give a false confession after being unlawfully interrogated. [16] X Research source
• Constitutional claims leading to Certificates of Actual Innocence often are brought by nonprofit legal-aid societies such as the Innocence Project or by clinics at law schools. [17] X Research source

• Unlike petitions for expungement or sealing of records, there is no waiting period to file an actual-innocence petition. [18] X Research source
• If you cannot afford an attorney, you may be eligible for the free assistance of one appointed by the court. Do not pursue a Certificate of Actual Innocence without legal representation.

• Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. You’ll pay fees for these documents, which can be expensive, depending on the length and involvement of the trial. [20] X Research source

Have the petition served on the state attorney general. You cannot serve this document yourself. The sheriff’s office or a private process-serving company of your choice will serve the document and file proof of service. [21] X Research source

Attend your trial. Unlike expungement or record-sealing hearings, getting a Certificate of Actual Innocence requires a formal trial at the appeals-court level, and you must be represented by counsel. If you cannot afford an attorney, the court will appoint one to guide you through this process.

Getting a Certificate of Rehabilitation

• There are strict standards for proving you are rehabilitated, and these standards differ from state to state. Generally you cannot have had any further brushes with the law and must be a responsible and law-abiding member of the community.
• Not all convictions can be cleaned up with a Certificate of Rehabilitation. For example, in California those with convictions of certain felony sex offenses are not eligible. [22] X Research source Not all convictions can be cleaned up with a Certificate of Rehabilitation.

• For example, if you’ve been working for the same employer since you were released or have earned an associate degree, documentation of these accomplishments should accompany your petition.

• Some states also require letters from witnesses testifying to your character and rehabilitation since your release.

File your petition. Your petition for a Certificate of Rehabilitation should be filed at the court or parole board of the county where you live. In some states such as California you may be eligible for an appointed attorney if you can’t afford to hire one to represent you during this process. [23] X Research source

• At the hearing, the judge will hear testimony from witnesses about your conduct while incarcerated and while on parole, as well as your subsequent rehabilitation. [24] X Research source
• In some states such as California, if you are granted a Certificate of Rehabilitation, it is automatically transmitted to the governor’s office as an application for a pardon. [25] X Research source
• Some states such as Ohio may revoke your certificate if you plead guilty or are convicted of a criminal offense after the certificate has been issued.

Getting a Pardon

• If you are pardoned, the conviction will remain on your record. However, a notice will be added, stating that you’ve been pardoned (forgiven) for committing the crime. Your civil rights, including the chance to own a firearm and serve on a jury, will be restored. [26] X Research source
• Rules and procedures for applying for a governor’s pardon are different from one state to the next. Some require that you complete your sentence, including any probation, and establish that you’ve engaged in no criminal activity for a prescribed period of time since. [27] X Research source

Complete an application for a pardon. State parole boards, prisoner review boards, and governor’s offices will normally provide fill-in-the-blank applications for you to complete. You can ask your local public defender’s office for assistance, although you do not need an attorney to apply for a pardon.

• There typically is no application fee, although you might have to pay for certified copies of orders or transcripts to accompany the application. [28] X Research source
• In many states applications are first reviewed by the state’s parole or prisoner review board. The board then submits its recommendations to the governor’s office.
• Once you apply for a governor’s pardon, you typically cannot follow up on or check the status of your application. You simply wait until you hear back, and that can take six months or more. [29] X Research source
• There is no appeal if your application is denied, although you may be able to reapply after a few years. [30] X Research source

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1. ↑https://www.workforcecentralma.org/additional-programs/re-entry/how-to-seal-your-criminal-record
2. ↑https://www.workforcecentralma.org/additional-programs/re-entry/how-to-seal-your-criminal-record
3. ↑https://www.masslegalhelp.org/criminal-records-cori-licenses/criminal-offender-record-information-cori/sealing-my-cori
4. ↑https://www.masslegalhelp.org/criminal-records-cori-licenses/criminal-offender-record-information-cori/sealing-my-cori
5. ↑https://www.masslegalhelp.org/criminal-records-cori-licenses/criminal-offender-record-information-cori/sealing-my-cori
6. ↑https://www.mass.gov/how-to/request-to-seal-your-criminal-record
7. ↑https://www.mass.gov/how-to/request-to-seal-your-criminal-record
8. ↑https://epic.org/privacy/expungement/
9. ↑https://www.nolo.com/legal-encyclopedia/expungement-of-criminal-records-basics-32641.html

1. ↑https://www.nolo.com/legal-encyclopedia/expungement-of-criminal-records-basics-32641.html
2. ↑https://www.findlaw.com/criminal/expungement/the-expungement-process.html
3. ↑https://www.findlaw.com/criminal/expungement/the-expungement-process.html
4. ↑https://saclaw.org/wp-content/uploads/sbs-expunging-criminal-records.pdf
5. ↑https://www.nolo.com/legal-encyclopedia/expungement-of-criminal-records-basics-32641.html
6. ↑https://www.courts.state.va.us/courts/cav/forms/petition_for_writ_packet.pdf
7. ↑https://www.innocenceproject.org/news-events-exonerations/three-certificates-of-actual-innocence-issued-in-illinois
8. ↑https://www.utexas.edu/law/clinics/innocence/tcai/
9. ↑https://www.courts.state.va.us/courts/cav/forms/petition_for_writ_packet.pdf
10. ↑https://www.courts.state.va.us/courts/cav/forms/petition_for_writ_packet.pdf
11. ↑https://www.courts.state.va.us/courts/cav/forms/petition_for_writ_packet.pdf
12. ↑https://www.courts.state.va.us/courts/cav/forms/petition_for_writ_packet.pdf
13. ↑ Not all convictions can be cleaned up with a Certificate of Rehabilitation.
14. ↑https://www.co.shasta.ca.us/index/pd_index/cor/cor_app_procedure.aspx
15. ↑https://www.co.shasta.ca.us/index/pd_index/cor/cor_app_procedure.aspx
16. ↑https://www.co.shasta.ca.us/index/pd_index/cor.aspx
17. ↑https://thelawdictionary.org/article/how-to-apply-for-a-governors-pardon/
18. ↑https://thelawdictionary.org/article/how-to-apply-for-a-governors-pardon/
19. ↑https://www.gjp.org/faqs/get-a-pardon-in-georgia/
20. ↑https://thelawdictionary.org/article/how-to-apply-for-a-governors-pardon/
21. ↑https://www.gjp.org/faqs/get-a-pardon-in-georgia/

About This Article

This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 609,190 times.

To remove a felony from your record, look into getting your record sealed or expunged. If you want to get your record sealed, which means it’s hidden from the general public but still exists, you'll have to wait at least a few years after your conviction. Then, go to the state court or probation office to fill out the appropriate forms. After you submit your documents, prepare to attend a hearing, if necessary. Alternatively, to have your record expunged, which means it’s erased from public record, first see if your state offers this option. If it does, make sure you’ve waited long enough since your conviction, then go to the arresting police department to get copies of your criminal history and fingerprints. You’ll also need to fill out a Motion or Petition for Expungement, file it with the court, and appear in court for your hearing. To learn how to get a certificate of actual innocence, keep reading!

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