Can a Felony Be Expunged or Sealed?

The short answer is: it depends on your state and the specific offense. Many states allow expungement or sealing of at least some felony convictions, but eligibility rules vary enormously — and a significant number of states either prohibit felony conviction expungement altogether or allow it only for a narrow list of offenses. Federal felonies face an even steeper climb: there is almost no general federal expungement statute, making a presidential pardon the main avenue for most people with a federal felony conviction. Understanding what relief is available starts with knowing what type of conviction you have, where you were convicted, and what your state's current law actually says.

Expungement, Sealing, and Set-Aside: What the Words Actually Mean

These terms get used interchangeably, but they describe different legal outcomes — and the meaning of each word depends on state law:

• Expungement typically means the record is destroyed or treated as if it never existed. This is usually the strongest form of relief.
• Sealing hides the record from public view (and most private background checks), but the record still exists and can be seen by certain agencies, courts, and law enforcement.
• Set-aside or vacatur formally sets the conviction aside, but the record of the underlying case often remains visible.
• Certificate of rehabilitation or relief from disabilities does not erase or hide the record but formally restores rights or removes specific legal barriers.

Which of these options exist — and whether any of them apply to felonies — is answered exclusively by your state's statutes. Do not assume that an outcome someone else obtained in another state will work for your situation.

State Felonies: Eligibility Is Possible but Uneven

Most states have expungement or sealing laws, but felony eligibility is never automatic and is almost always narrower than for misdemeanors. Common patterns include:

• Waiting periods. Most states require a crime-free period after completing the sentence — often several years after release, and sometimes after the end of probation or parole — before a petition can be filed. The length varies by state and by offense.
• Offense restrictions. Serious violent felonies (such as murder, rape, or kidnapping) and felonies involving children are commonly excluded. Sex-offense convictions that require registration are almost universally ineligible. Drug felonies and lower-level non-violent felonies are more likely to qualify in states that allow felony expungement at all.
• Prior-conviction limits. Many states limit expungement to first or second offenders. A prior felony on your record can disqualify you even if the current offense would otherwise qualify.
• Some states never allow conviction expungement. In those states, the only routes may be sealing (if the state offers it), a governor's pardon, or a certificate of relief — none of which erases the underlying conviction record. Because this is state-specific, you must look up your state's current law.

Laws in this area change frequently. Several states have expanded eligibility in recent years while others have tightened restrictions. The fact that a friend or co-defendant got a felony expunged does not mean the same rule applies to your offense or your state today.

Clean Slate Laws: Automatic Sealing Without a Petition

A newer trend is "Clean Slate" legislation. Pennsylvania enacted the first Clean Slate law in 2018, and several other states have followed. These laws automatically seal certain eligible records after a defined crime-free waiting period — without requiring the person to file a petition. Felony eligibility under Clean Slate laws is typically narrower than for misdemeanors, and serious offenses are usually excluded. If you think you might qualify, check whether your state has a Clean Slate law, which offenses it covers, and how long the waiting period is, because the mechanics vary from state to state.

Federal Felonies: Almost No Path Exists

If you were convicted in federal court, the situation is much more limited. There is no general federal expungement statute for most federal convictions. The one narrow exception is 18 U.S.C. § 3607(c), the Federal First Offender Act, which covers only certain first-time simple drug-possession offenses committed by someone who was under 21 at the time — a very small category.

For everyone else with a federal felony conviction, the primary avenue is a presidential pardon under Article II, § 2 of the U.S. Constitution. A pardon forgives the offense and can restore certain federal civil rights, but it typically does not erase the underlying conviction record. Presidential pardons are discretionary, infrequent, and often take years. As the Supreme Court held in Beecham v. United States, 511 U.S. 368 (1994), a state's restoration of civil rights does not cure a federal felony conviction — only federal-level relief (a pardon or the narrow § 3607 expungement) counts for federal purposes.

Firearms After a Felony Conviction: A Separate Federal Question

Even if a state felony is expunged or sealed under state law, federal firearm rights are a separate and more complicated matter. 18 U.S.C. § 922(g)(1) makes it a federal crime for any person convicted of a crime punishable by more than one year in prison — generally a felony — to possess a firearm or ammunition.

Under 18 U.S.C. § 921(a)(20), a conviction does not count for the § 922(g)(1) ban if the person's civil rights were restored — or if the conviction was expunged, set aside, or pardoned — unless that restoration, pardon, or expungement expressly prohibits the person from possessing firearms. This "unless clause" is critical: state expungement can lift the federal firearm disability only if your state's expungement order also fully restores firearm rights without reservation.

The Supreme Court added a further wrinkle in Caron v. United States, 524 U.S. 308 (1998): if a state restores civil rights but still restricts any category of firearm (for example, handguns), federal law treats firearm rights as not restored at all — an all-or-nothing rule. In Logan v. United States, 552 U.S. 23 (2007), the Court held that rights that were never taken away in the first place cannot be "restored" within the meaning of § 921(a)(20).

On paper, 18 U.S.C. § 925(c) creates a federal "relief from disabilities" process through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In practice, it is a dead letter for individuals: since fiscal year 1993, Congress has blocked ATF from spending any funds to investigate or act on individual relief applications. The Supreme Court confirmed in United States v. Bean, 537 U.S. 71 (2002) that federal courts cannot step in to grant the relief that ATF refuses to process.

Bottom line on firearms: Whether a state expungement actually lifts the federal firearm disability is a federal-law question that turns on the exact terms of your state's expungement order and how federal courts interpret it in your jurisdiction. Do not assume your firearm rights are restored simply because a state expungement was granted. Verify current ATF guidance and consult a licensed attorney before possessing or purchasing any firearm.

What About Background Checks?

Even a successful expungement or sealing does not guarantee your record disappears from every database. Private background-check companies often compile data from public court records and may not update their files promptly — or at all. Under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., sealed or expunged records generally should not appear on background reports used for employment, housing, or credit. If an old record shows up anyway, the FCRA gives you the right to dispute the inaccurate information with the reporting company. You may need to proactively send a certified copy of your expungement order directly to private database companies that still show the old record.

Pardons vs. Expungement: Not the Same Thing

A pardon and an expungement serve different purposes. A pardon — whether from the President for a federal offense or from a governor for a state offense — is an act of executive forgiveness. It can restore civil rights but usually does not seal or destroy the underlying record of conviction. An expungement clears or hides the record itself. Some people pursue both; others find only one is available. For a state conviction, your state's governor's office or board of pardons can explain the pardon process.

What You Can Do

• Determine the type of conviction. State felony or federal felony? That single fact determines which set of laws governs your options.
• Look up your state's current expungement and sealing law. Your state legislature's website or your state court system's self-help page is the most reliable starting point. Laws change — check the current version, not an old summary.
• Check whether a Clean Slate law applies. If your state has one, you may qualify for automatic sealing without filing a petition or paying a filing fee.
• Gather your court records. You will need the judgment, sentence, and case number to file a petition. Your local court clerk can tell you how to obtain certified copies.
• For a federal felony, research the presidential pardon process. The Office of the Pardon Attorney at the U.S. Department of Justice handles pardon applications and publishes eligibility rules and waiting periods.
• Do not assume firearms rights are restored. Even a granted expungement may not lift the federal firearms disability. Verify current ATF guidance before acquiring any firearm.
• If old records keep appearing in background checks, dispute them. The FCRA gives you the right to challenge inaccurate background-check information, and you may need to send your expungement order directly to private data companies.

Important: Expungement and sealing laws are highly state-specific, change frequently, and often turn on details that are hard to assess without knowing your full record. This article is general legal information only — it is not legal advice and does not create any attorney-client relationship. For guidance on your specific situation, check your state's current statutes and consult a licensed attorney in your state.