Table of Contents
Expungement is a powerful tool for achieving a fresh start, allowing individuals to clear their records of past mistakes. However, it is not a universal remedy. State legislators balance the desire for rehabilitation with public safety, meaning certain severe convictions are permanently etched into your criminal record. If you are seeking to clear your name, the most critical question is: What felonies cannot be expunged?
While laws vary significantly from state to state, making it essential to check your specific local statutes or use our free eligibility checker, there are broad categories of crimes that are almost universally barred from expungement. Understanding these limitations can save you time, money, and false hope as you navigate the legal system.
The Limits of Expungement Laws
The underlying philosophy of expungement law is that people who commit low-level, non-violent crimes should not be punished for the rest of their lives, especially after they have completed their sentences and demonstrated rehabilitation.
Conversely, lawmakers have determined that society has a compelling interest in knowing about convictions for highly destructive, violent, or predatory behavior. When an employer runs a background check, or when a landlord screens a tenant, the law dictates that certain past actions must remain visible to protect the public.
Because of this, states categorize felonies into different classes (e.g., Class A, B, C, or First Degree, Second Degree). The highest classes of felonies are generally excluded from expungement statutes altogether. Let's examine the specific types of offenses that typically cannot be erased.
Violent Crimes and Capital Offenses
In almost every jurisdiction in the United States, severe violent crimes are ineligible for expungement or record sealing. The state's interest in public safety far outweighs the individual's interest in a clean record in these cases.
- Murder and Manslaughter: Capital offenses and first-degree felonies involving the loss of human life are permanent. There is no legal mechanism to expunge a murder conviction.
- Aggravated Assault and Battery: While a simple assault (a misdemeanor) might be expunged after a waiting period, aggravated assault, especially involving a deadly weapon or resulting in serious bodily harm, is typically barred.
- Kidnapping and False Imprisonment: Crimes involving the restriction of another person's liberty through force or threat are heavily penalized and rarely qualify for relief.
- Armed Robbery: Theft offenses are often expungable, but when a weapon is introduced, elevating the crime to armed robbery, it crosses the threshold into a non-expungable violent felony.
Unsure about your specific charge?
State laws are complex, and the classification of your felony determines your eligibility. Don't guess. Use our automated system to find out for sure.
Start Free Eligibility CheckSex Offenses Involving Minors
Perhaps the most strictly guarded records are those involving sexual offenses, particularly those against children. States maintain rigorous sex offender registries, and the laws governing these registries explicitly forbid the expungement of qualifying convictions.
Crimes such as statutory rape, possession or distribution of child pornography, and sexual assault of a minor are permanently affixed to a criminal record. The rationale is purely protective; schools, daycares, and vulnerable communities require access to this information to prevent recidivism.
It is worth noting that some states are beginning to reconsider how they handle low-level, non-violent sex offenses, or cases involving "Romeo and Juliet" laws (where the age gap between teenagers was small). However, as a general rule, any felony sex offense that requires registration as a sex offender cannot be expunged.
Federal Charges: A Different Jurisdiction
A massive point of confusion for many people is the difference between state and federal court. If you were convicted in state court, you must look to state law for expungement options. If you were convicted in a federal court (e.g., federal drug trafficking, wire fraud, federal tax evasion), you face a much steeper climb.
Currently, there is no general federal expungement statute.
With very few, incredibly narrow exceptions (such as certain first-time drug possession charges for individuals under age 21 at the time of the offense), a federal felony conviction is permanent. The only way to clear a federal felony conviction is through a Presidential Pardon, which is exceptionally rare and difficult to obtain. If your felony was federal, you should assume it cannot be expunged.
What to Do If You Are Ineligible
Hearing that your felony cannot be expunged is devastating. It feels like a life sentence to secondary citizenship, affecting your ability to find employment and secure housing. However, if your record cannot be legally destroyed, you still have options to mitigate its impact.
First, explore Record Sealing (or Orders of Nondisclosure). In some states (like Texas), a charge that cannot be expunged might still be sealed. While law enforcement can still see it, it is hidden from the general public and private employers.
Second, focus on Reputation Management. While you cannot erase the court record, you can take control of what people see when they search your name on Google. Suppressing old news articles, removing mugshots from extortion sites, and burying negative search results can drastically improve your chances of passing informal background checks by employers and landlords.
Third, look into Certificates of Rehabilitation. Some states offer these certificates to individuals with non-expungable felonies who have demonstrated good moral character for a set number of years. While it doesn't erase the record, it serves as an official state endorsement of your rehabilitation, which can help with state licensing boards and sympathetic employers.
Exploring Your Options
The laws surrounding expungement are constantly evolving. What was permanent five years ago might be eligible for relief today under new "Clean Slate" initiatives passing across the country. Because the rules are so highly dependent on your specific state, the exact statute you were convicted under, and how much time has passed, you should never assume you are out of options until you've run a proper check.
Don't guess about your future.
Our intelligent platform analyzes your specific charges against current state laws to tell you exactly what can be cleared, sealed, or removed.
Frequently asked questions
- Which felonies usually cannot be expunged?
- Most states permanently exclude serious violent felonies (such as murder and aggravated assault), sexual offenses, especially those involving minors, and often certain weapons and repeat DUI offenses from expungement eligibility.
- Does expungement eligibility depend on the state?
- Yes. Each state sets its own list of excluded offenses and waiting periods, so a felony that can be sealed or expunged in one state may be permanently barred in another.
- If a felony can't be expunged, are there other options?
- Sometimes. Depending on the state, you may still pursue record sealing, a certificate of rehabilitation, or a pardon, which can reduce the impact of a felony that cannot be fully expunged.
Get the free Record-Clearing Starter Kit
A plain-English guide to expungement and record sealing: who qualifies, waiting periods, the documents you need, and the mistakes that get petitions denied.
Community Discussion & Questions
20Ask questions, share job application experiences, or learn from verified community members.
Join the conversation or ask a question
For your privacy, please use first name and last initial only (e.g. Marcus B*). No personal contact info.
Be careful with anything labeled Domestic Violence. I had what I thought was a simple misdemeanor assault charge that had a domestic enhancement. When I tried to file for expungement, the prosecutor objected citing state domestic violence exclusions. Make sure you get the full docket sheet and police narrative before filing so you aren't surprised.
I have an armed robbery conviction from when I was 19 (now 38). I know it’s permanently barred from expungement in New York. Does that mean I can never work in logistics management or obtain a state professional license?
Hi Derrick, you have options! In states like New York, while you can't expunge violent felonies, you CAN apply for a 'Certificate of Relief from Disabilities' or a 'Certificate of Good Conduct'. Under NY Correction Law Article 23-A, this legally bars state licensing agencies and employers from denying you a license or job solely because of your past conviction unless there is a direct relationship to the duties.
@Derrick P* Seconding this! My brother obtained a Certificate of Relief in Albany after an ineligible 2008 conviction and was able to obtain his real estate appraiser license. Don't let ineligibility for expungement stop you from getting legal relief certificates.
I was originally indicted on aggravated assault with a deadly weapon (which I know can't be expunged in my state), but my attorney negotiated it down to misdemeanor disorderly conduct, no jail time. When employers run checks, do they see the original violent felony charge or just the misdemeanor plea?
Dominic, this happens all the time! Private background screening companies often scrape the initial arrest or booking docket, which shows the scary original felony arrest charge even though you were never convicted of it. In many states, you can file a petition to expunge or seal the dismissed felony count so only the misdemeanor disposition remains, or seal both once the waiting period expires.
@Dominic T* Exactly what happened to me in Ohio. Checkr was flagging the original robbery charge even though I only pled to trespassing. Expunging the dismissed count saved my commercial electrician apprenticeship.
If a violent felony cannot be expunged by the county judge, does getting an official Governor’s Pardon allow you to expunge it afterward?
@Gary K* In Pennsylvania and Texas, yes! If the Governor grants an unconditional pardon, you then take the executive pardon document to the county court of common pleas and file a petition for full expungement. The pardon forgives the crime, and the subsequent expungement actually destroys/seals the court records.
I have a 2015 Class D felony for possession with intent to sell (marijuana) in New York. Now that cannabis is legalized recreationally, is this permanently barred or can it be cleared under the new Clean Slate and MRTA laws?
Hi Andre! Great news on this: cannabis offenses that were categorized as intent or possession under old thresholds are prime candidates for automatic vacatur and expungement under NY's MRTA and Clean Slate. Many people assume their felony is permanent when it can legally be wiped clean. We recommend checking your exact statute code!
@Andre W* Check your court disposition! I had the exact same 2014 charge in Erie County. It took about 3 months, but the court expunged both the arrest and conviction records completely. Don't wait on it.
I was convicted of a 'wobbler' felony grand theft in California 5 years ago. The article says severe felonies can't be expunged, but can wobbler felonies be reduced to a misdemeanor first before requesting Penal Code 1203.4 dismissal?
@Mateo R* Yes!! I did this exact 2-step process in Los Angeles County. My attorney filed a Penal Code 17(b) motion to reduce the grand theft felony to a misdemeanor, and at the same hearing requested 1203.4 relief. Now on all private job forms, I legally state I have never been convicted of a felony.
@Mateo R* Brenda is spot on. If you were granted probation and didn’t serve state prison time, a PC 17(b) reduction followed by expungement is one of the most effective paths for California wobblers. You can run your charges through our eligibility checker to confirm your case qualifies.
The article mentions federal charges are almost impossible to expunge. I have a non-violent federal mail fraud conviction from 2011. Is there literally no court process for federal records, or can a judge grant an expungement under special circumstances?
Unfortunately, there is currently no general federal expungement statute (unlike state courts). Federal courts only expunge under exceedingly rare narrow exceptions (such as government misconduct or unlawful arrests) or very specific Federal First Offender Act cases for youth drug possession. For standard federal felonies, the constitutional remedy is applying for a Presidential Pardon through the Office of the Pardon Attorney.
@Victor M* I spent $5,000 on an attorney who promised they could 'seal' my federal conspiracy charge, and the federal judge denied it in 10 minutes citing lack of statutory jurisdiction. Be very careful with anyone promising federal expungements—pardons or civil rights restoration are the only real route.
Are felony DUIs permanently barred in all states? I have a 3rd DUI from 2018 (classed as a low-tier felony). No injuries, but it was within 10 years.
@Trevor B* It strictly depends on the state. In Illinois, DUIs can almost never be expunged, but in states like Indiana (under their Second Chance law) or Missouri, you can petition for record expungement on certain DUIs after a strict waiting period (usually 5 to 8 years clean) provided there were no fatal injuries. Look up your state's exact statute.