Can a 3rd degree felony be expunged?
Asked by: Arne Bogan | Last update: December 2, 2025Score: 4.9/5 (67 votes)
New Waiting Period Requirements for Expungement Fourth-degree and fifth-degree felony convictions — You must wait until one year after your sentence and probation ends. Third-degree felony convictions – You must wait until three years after your sentence and probation ends.
Can you get a third degree felony expunged?
California Law
For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.
What crimes cannot be expunged in Utah?
- a capital felony, first degree felony or "violent felony" (defined in Utah Code 76-3-203.5(1)(c)(i))
- felony automobile homicide.
- felony DUI (under Utah Code Section 41-6a-501(2))
- a registerable sex offense (under Utah Code Section 77-41-102(17)) or.
What happens if you get a 3rd degree felony?
Should you or someone close receive a third-degree felony charge, gird yourself for potential incarceration of up to seven years—a stint that robs one of precious freedom and imposes overwhelming mental strife regarding familial responsibilities.
How long does a 3rd degree felony stay on your record in Florida?
A felony conviction in Florida will typically remain on your record indefinitely. It does not automatically disappear or “fall off” after a certain period. However, under certain conditions, you may be eligible to have your record sealed or expunged, which can hide or remove the conviction from public view.
📝HOW TO EXPUNGE FELONY CRIMINAL RECORD || 5 Steps
Is a third degree felony the worst?
In criminal law, a first-degree offense is the worst felony. It's worse than a second-degree offense, which is worse than a third-degree offense, and so on. So the higher the degree, the lesser the crime.
What felonies cannot be expunged in Florida?
- Arson.
- Aggravated Assault.
- Aggravated Battery.
- Illegal use of explosives.
- Child abuse or Aggravated Child Abuse.
- Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult.
- Aircraft piracy.
- Kidnapping.
How bad is a 3rd degree felony in Florida?
Under Florida law, a third-degree felony is the least severe type of felony, yet it is more serious than a misdemeanor. If convicted of a third-degree felony, a person can face up to 5 years in prison and be fined up to $5,000, according to Florida Statutes Chapter 775.
How bad is a class 3 felony?
Level 3 felonies are punishable by 3 to 16 years in prison. Aggravated battery and arson involving bodily injuries are both Level 3 felonies.
Can you go to college with a 3rd degree felony?
A felony conviction can make it more difficult to get into college, especially for those still under probation or parole supervision. Although people with certain felony convictions were once prohibited from receiving federal financial aid, this is no longer true.
How long do felonies stay on your record in Utah?
Misdemeanors under the Utah Traffic Code: 10 years. Felonies under the Utah Controlled Substance Act: 10 years. Other felonies: 7 years. Class A misdemeanors: 5 years.
Can a judge see an expunged record?
If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.
What is the new expungement law in Utah?
Utah's “Clean Slate” law was implemented on February 10th 2022 and the Utah Courts began the process of automatically expunging qualifying misdemeanor records.
Do felony charges ever go away?
Dismissed felony charges can usually be sealed or expunged right away. In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison.
Can a felon get a passport?
Yes, a convicted felon can usually get a passport, but it depends on the felony and other factors: Felony typeSome felonies can automatically disqualify you from getting a passport, including: International drug trafficking Trafficking minors "Sex tourism" offenses Treason.
Can a Class 3 felony be expunged?
If you meet all of the following criteria, you are likely to be eligible to ask the Court to expunge your record: You have a felony or misdemeanor conviction. You are not currently facing any new criminal charges. You are not actively serving a sentence for a criminal conviction.
Is 3rd degree a felony?
There are “straight” felonies which have prescribed punishment. In these cases It would not depend on the circumstances of the crime. Second and third degree felonies are generally punished by prison terms determined by statutes and judges, and other factors. There can also be fines and restitutions.
What is the lowest class felony?
State by State Felony Offenses, Felony Classes, Charges & Penalties. As to federal felonies, Congress divided federal felonies into five categories: A, B, C, D, and E. Class E felonies are the lowest class federal felony.
Can a 3rd degree felony be expunged in Florida?
Felonies Eligible for Expungement in Florida
Common ones include grand theft (3rd degree), possession of controlled substances, and certain types of fraud. Certain Drug Offenses: First-time drug possession offenses can often be expunged, especially if you've completed a drug court program.
Can you travel with a 3rd degree felony?
People with felony convictions are generally eligible for passports or visas, depending on their circumstances. If you're a US citizen, you can apply for a passport even while your felony conviction is still pending. You should have no problem if your sentence has been completed or dismissed (including probation).
Can you get probation for a third degree felony in Florida?
The legal penalties for a third-degree felony in Florida are no small matter. If convicted of a third degree felony, one could face: A maximum of 5 years in prison. Up to 5 years of probation.
Will my expunged record show up on a background check in Florida?
In Florida, an expunged record should not show up for anyone, such as during background checks performed by private employers, landlords, and other non-exempt businesses. But law enforcement officers, some licensing boards, and federal organizations may still have access to your records sealed or expunged.
How much does it cost to expunge a felony in Florida?
An expungement in Florida typically costs around $995, but can vary depending on attorney fees and the complexity of your case.
Does your criminal record clear after 7 years in Florida?
No, felonies in Florida do not automatically disappear after 7 years. Criminal records, including felonies, remain part of your public record unless they are sealed or expunged.
What is a class 3 felony in Florida?
Legal definition. A Class 3, or third-degree felony, is the least severe type of felony under Florida law. Third-degree felonies include battery, kidnapping, hit and run, aggravated assault, possessing a concealed firearm without a license and striking a law enforcement officer among other crimes.