The process for having a felony charge expunged from your record begins with checking with the legal agencies and court involved in the arrest and conviction of the charge, Nolo explains. Certain states have laws on the books that allow the expungement of felony convictions, but the procedure varies by state.
The first thing a defendant must do if expungement is legal in the state of his conviction is to determine if he is eligible for expungement, Nolo advises. Each state has different eligibility requirements. For example, in California, a defendant must have successfully completed his parole and not committed any more crimes in order to be eligible. Those who have committed sexual crimes against minors or rape are not eligible for expungement, according to the Shouse California Law Group.
In North Carolina, if a person committed sex offenses, certain narcotics offenses, weapons chargers, assault, or food and beverage contamination, the defendant is not eligible for expungement, as noted by the law office of Kirk, Kirk, Howell, Cutler & Thomas. As of 2015, some states have no laws that allow for expungement. There is a process in New York state to have criminal records sealed and finger prints and mug shots destroyed, but the law does not allow for an expungement, explains the Legal Action Center.