Felony Convictions and Criminal Record Sealing Eligibility Explained

Can felony convictions be sealed from public record?

That’s a question we’re asked all the time here at Texas Criminal Justice.

Felons desperately want to know what they can do about their criminal history. Especially criminal records containing felony convictions.

The thing is, though, each state has different laws governing how criminal records are sealed.

So, getting into the specifics is kind of tricky.

Here’s the simple version…

Felony convictions don’t have to haunt you forever. But who qualifies and what crimes are eligible for sealing? Those are the big questions.

Here we break it all down…

Table of Contents

What Does Sealing a Record Actually Mean?

Criminal record sealing means the government seals or restricts access to the criminal record from the general public.

Essentially, it still exists. Police, courts, and government agencies can typically access it. But private entities like employers and landlords can’t.

It’s NOT the same thing as expungement.

Expungement means destroying or deleting a criminal record altogether.

Record sealing is more common for felony convictions since judges are reluctant to erase serious offenses from history completely.

Think of it this way…

Sealed records cannot be viewed by the public but are retained by the government.
Expunged records are physically destroyed or deleted from court systems.
Sealing and expungement of records both require a court order.

Got it?

Ok great!

Who Qualifies to Seal a Felony Conviction?

If we had to guess the #1 reason most felons don’t qualify to seal their criminal record is because they don’t know which state’s laws to follow.

There are roughly 15 states with no mechanism to seal felony conviction records whatsoever, and two more states that allow sealing only when the sentence was suspended or probation only.

That means where the felony conviction took place matters most when determining eligibility.

However, for those states that do allow felony convictions to be sealed, typical requirements include:

Completion of sentence
Waiting period after completion
No new convictions
No outstanding payments (pay off those fines!)
Not currently charged with a crime

Other states may require the judge to determine your current behavior shows evidence of “rehabilitation” before approving a petition.

Employment history, community service, and general character references would likely be considered.

Here’s something to consider…

Studies show 99 percent of people who have their criminal records sealed aren’t charged with a felony in the future, and 96 percent do not commit any crime at all within five years of record sealing.

Making a case that sealing records actually helps keep communities safe by allowing people to become productive citizens.

If that’s not incentive enough for states to loosen up on who qualifies, I don’t know what is.

States are listening btw. Slowly but surely qualifying is expanding.

Who Doesn’t Qualify?

Just as there are qualifying criteria, there are also crimes that will NEVER qualify for felony record sealing.

Violent crimes, sexual assault, crimes against children top the list of ineligible convictions in nearly every state.

Again, federal convictions also do not qualify for felony conviction sealing.

Here’s what the FBI has to say about expunging or sealing federal felony convictions…

There is no general federal statute that authorizes court expungement or sealing of valid criminal convictions. The only avenue for relief from a federal conviction is through a Presidential Pardon.

So, if you have a federal felony on your record… you’re pretty much out of luck.

Felony Record Sealing Process

Below is a general outline of how the record sealing process works.

Keep in mind, this is NOT legal advice. Each state has it’s own process.

For example, some states don’t allow employers to view sealed records at all, while others only restrict access to “non-conviction” information.

That’s why consulting with a criminal defense attorney is always your best bet.

Here’s the process…

Step 1 – Confirm eligibility

This step should be pretty self explanatory. You have to qualify before you even consider filing a petition.

Speak with an attorney who knows the ins and outs of your state’s criminal law. They can review your conviction and let you know if it qualifies.

Step 2 – Get a copy of your criminal record

You’ll need to obtain a copy of your criminal history to include with your petition.

This is easily done by requesting your criminal history from your state’s bureau of investigation or from the court where you were originally convicted.

Step 3 – File your petition

Petitions are typically filed with the court where you were originally convicted.

You’ll need to include:

The conviction you want sealed
Proof that your sentence was completed
Documentation supporting rehabilitation (if applicable)
Filed along with the required filing fee

Step 4 – Prosecutors Review

Prosecutors are almost always given a copy of the petition.

If they object to the petition being granted, the court will schedule a hearing.

If they don’t object, some courts will rule in favor of granting the petition without a hearing.

Step 5 – Hearing

If a hearing is scheduled, the judge will consider any objections by the prosecutor.

Additionally, they’ll take into consideration any factors they deem relevant.

This includes criminal history, the seriousness of the offense, behavior since the offense, and if sealing the record is in the public interest.

HINT: Showing up to a hearing with proof of gainful employment, community service, and 3-5 references from people who know you and can vouch that you’re good for will go a LONG way.