In order to have a felony conviction expunged, one must file a series of legal documents with the court that filed the charges. Not all felonies can be expunged. Different felonies are subject to unique rules to have the record on them sealed, states Clear Up My Record.
The first step in the process is seeing if the charge and person are eligible to have the charge expunged. If the person has a single, low-level felony and a good amount of time has passed with no further legal issues, chances are the felony can be expunged, states Clear Up My Record. Laws may differ from state to state, but felonies involving abuse, sexual acts and taking advantage of impaired persons are not able to be sealed, warns Clear Up My Record.
The next step is to file a petition with the court asking that the record be sealed. If the prosecuting attorney objects to the petition, a notice is received in writing or a hearing may take place. Having a felony charge expunged does not mean that it is sealed completely from the court. It can be used in repeat-offender and sentencing considerations, states LegalMatch. Many law firms offer a free eligibility check that can be used to determine if the charge qualifies to be expunged.