Published by Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
Which Felonies are Ineligible for Expungement?
Each state has its own rules regarding which felonies can and cannot be expunged. Some states allow for the expungement of most or all felony convictions, while others allow no felonies to be expunged. However, certain felonies are almost never eligible for expungement in any state. These typically include crimes of murder, serious violent crimes, and sex crimes involving children.
Also Read: Sealing Your Record in Colorado
Which States Allow Felony Expungement?
No felony conviction can be expunged in the following states:
- Iowa
- Arizona
- Nebraska
- Texas
- Montana
In the following states, very few felonies can be expunged:
- Colorado
- California
- Wisconsin
In the following states, most felonies (other than the most severe offenses) can be expunged:
- Oregon
- Washington
- Utah
- Nevada
Are DUIs Eligible for Expungement?
Believe it or not, a DUI conviction is difficult to get erased from your permanent criminal record. Most states have laws stating that anyone convicted of DUI receives a mandatory adjudication of guilt, meaning that once you have been adjudicated guilty (formal conviction of a crime), you are ineligible to seal or expunge your record.
However, depending on your prior criminal history (no prior convictions), you may be eligible to seal or expunge your DUI from your record, eliminate it from public view, and oftentimes deny it ever happened.
Sealing vs Expungement
When an individual's record is sealed, said record is not destroyed but instead no longer accessible to the public, except with a court order. The Clerk of Court stores the court file and erases your name from the electronic court docket system. However, prosecutors and law enforcement officials may still have access to the record.
On the other hand, when a person's criminal record is expunged, the record is either returned to the individual or destroyed. The Clerk of Court will also erase the person’s name from the court’s docket system and store the file. No one has access to an expunged record.
Related Article: What Does Disposition Mean?
Not Eligible for Expungement? Try a Certificate of Rehabilitation
As noted above, there are certain criminal offenses that are ineligible for an expungement, but people who have been convicted of these crimes may still be able to “clean up” their criminal record for the purpose of rehabilitating themselves. Certain states allow felons to petition the court for a certificate of rehabilitation so that they can clean their criminal record.
A certificate of rehabilitation is essentially a court finding that an individual has been rehabilitated since their conviction. The certificate also acts as an automatic application for a Governor’s pardon. In essence, it is a court’s declaration that the person who had been convicted is now a law-abiding citizen.
FAQs
Are violent felonies eligible for expungement?
Violent felonies, such as murder, assault with a deadly weapon, and armed robbery, are typically not eligible for expungement due to the serious nature of these crimes and their impact on public safety.
Can sex offenses be expunged from a criminal record?
Sex offenses, including rape, child molestation, and possession of child pornography, are generally ineligible for expungement. These crimes carry significant societal impact and long-term consequences, making expungement laws stricter for such offenses.
Are felonies involving minors eligible for expungement?
Felonies involving minors, such as child abuse, kidnapping, and endangerment, are usually not eligible for expungement. These crimes are considered particularly heinous and carry severe penalties and long-term legal restrictions.
Can felonies related to fraud or embezzlement be expunged?
Felonies related to fraud or embezzlement are often ineligible for expungement, especially if they involve significant financial loss or breach of public trust. Courts tend to be stricter with white-collar crimes due to their complex and impactful nature.
Related Articles:
- What Is Criminal Protective Order?
- How is a Felony Expunged?
- 5 Effective Ways to Get Felony Charges Dropped
See all related personal injury lawsuits our lawyers covered so far.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers focusing on plaintiffs' representation in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with such matters, you should contact Schmidt & Clark immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.