How to Remove a Felony From Your Record
Understand the difference between a sealed record and an expunged record., Make sure the required time has elapsed since your conviction., Complete the state's forms., File or mail the state forms., Attend your hearing, if necessary.
Step-by-Step Guide
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Step 1: Understand the difference between a sealed record and an expunged record.
If a criminal record is sealed, it’s hidden from the general public but still exists.
Sealed records can actually be unsealed in some instances.
Expungement, on the other hand, erases the record permanently.
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.
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. -
Step 2: Make sure the required time has elapsed since your conviction.
All states require you to wait a few years after you’ve served your sentence before you can get your record sealed.
During that waiting period, you should go out of your way to avoid any further brushes with the law.
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.
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.
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. , Documents for sealing your criminal record may be available at a state court or probation office.
Legal aid offices may also have the appropriate forms.
You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. , The forms will tell you how to direct them to the right person for review.
In some states, petitions to seal records are reviewed by a judge.
In others you can mail them to the probation office.
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. , Some states require a hearing before a judge or parole board in order to seal your record.
In other states sealing a record is an administrative process requiring nothing from you apart from your signature on the petition.
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. -
Step 3: Complete the state's forms.
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Step 4: File or mail the state forms.
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Step 5: Attend your hearing
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Step 6: if necessary.
Detailed Guide
If a criminal record is sealed, it’s hidden from the general public but still exists.
Sealed records can actually be unsealed in some instances.
Expungement, on the other hand, erases the record permanently.
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.
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.
All states require you to wait a few years after you’ve served your sentence before you can get your record sealed.
During that waiting period, you should go out of your way to avoid any further brushes with the law.
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.
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.
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. , Documents for sealing your criminal record may be available at a state court or probation office.
Legal aid offices may also have the appropriate forms.
You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. , The forms will tell you how to direct them to the right person for review.
In some states, petitions to seal records are reviewed by a judge.
In others you can mail them to the probation office.
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. , Some states require a hearing before a judge or parole board in order to seal your record.
In other states sealing a record is an administrative process requiring nothing from you apart from your signature on the petition.
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.
About the Author
Justin Pierce
Specializes in breaking down complex lifestyle topics into simple steps.
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