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Can a felony conviction be expunged to qualify for Section 8 housing in 2025?
Executive summary
Expungement rules vary sharply by state in 2025: some states (for example, Ohio and Indiana) allow certain felony convictions to be sealed or expunged after statutory waiting periods (often 8–10 years) or under narrow eligibility criteria [1] [2]. Other states limit or bar expungement for major or specified felonies (Indiana’s rules disallow many violent/sex or homicide-related felonies) [3] [2]. Available sources do not present a single national rule tying expungement directly to Section 8 eligibility; instead, housing agencies apply their own screening policies and federal guidance interacts with state sealing/expungement regimes (available sources do not mention a nationwide HUD rule linking expungement to automatic Section 8 eligibility).
1. No single, nationwide answer — the law is state-by-state
There is no single national expungement law that covers all felonies in 2025; state statutes and recent reforms determine whether a felony can be sealed or expunged and on what timeline. Ohio’s code provides explicit timelines and categories for sealing felony records (ten-year waits and statutory eligibility criteria) [1], while Indiana’s 2025 guidance and practice make certain lower-level felonies potentially eligible after multi-year waits but bar sex offenders, homicide, and some violent felonies from expungement [3] [2]. Clean-slate reforms in other states—like Virginia—are changing eligibility windows but can be delayed or narrowed by later amendments [4].
2. Even if a felony is expunged, housing outcomes depend on screening rules
An expungement or sealing order does not automatically guarantee Section 8 or other federally assisted housing approval. Tenant screening rules vary among public housing authorities and private landlords; some guidance and tenant-advocacy materials discuss how dismissed or expunged convictions affect housing checks (the National Housing Law Project fact sheet covers “dismissed/expunged” convictions in tenant contexts) [5]. Practical guides state that older felonies (e.g., five-plus years) often make approval more likely in many local screening practices, but that is a pattern, not a universal right [6].
3. Timing and category matter: level of felony and waiting periods
State statutes impose different waits and carve-outs. Ohio’s sealing statute allows an eligible offender to apply to seal a felony after statutory timeframes—often ten years for felonies—subject to exclusions [1]. Indiana’s materials and 2025 practice note that Level 6/Class D felonies may be eligible after roughly eight years, whereas more serious felonies face higher hurdles and some convictions are never expungable [2]. California’s “clean slate” reforms create eligibility for some felonies after shorter waits, but serious/violent felonies and registration-required sex offenses remain excluded [7].
4. Recent reforms can expand relief — but may also exclude serious offenses
Several states continued to change expungement law in 2024–2025. Virginia’s 2025 expungement bill was amended and its effective date delayed, illustrating how reform momentum can be slowed or narrowed [4]. Minnesota’s statutory updates include retroactivity and programmatic details for certain non-felony relief, but they also show carve-outs and record-type exceptions [8]. These changes underscore that expanding “clean slate” relief often excludes violent, sexual, or homicide convictions [3] [7].
5. Remedies beyond expungement: sealing, pardon, and special certificates
When expungement is unavailable, other state tools may help with housing barriers. Ohio highlights that pardons can remove collateral restrictions and that governors can order sealing of pardoned convictions; Ohio also offers certificates aimed at employment or housing (CQE/CQH) to mitigate barriers [9]. Not every state has the same set of alternate remedies; available sources do not list a universal substitute for expungement across all states (available sources do not mention a single nationwide certificate that functions everywhere).
6. Practical steps for people seeking Section 8 after a felony
Start locally: check the criminal-record relief rules in the state where you were convicted (examples: Ohio statutes on sealing, Indiana expungement guides) and identify whether your offense is categorically excluded [1] [2]. Contact the local public housing authority to learn its screening policy, because many PHAs set lookback periods or consider the age and nature of convictions rather than solely their expungement status [6] [5]. If expungement is unavailable locally, explore pardon procedures or state certificates that may ease housing applications [9].
Limitations and competing perspectives
State statutes and administrative policies change frequently; reporting above cites state guides and nonprofits that reflect statutory language and recent legislative developments but do not create a nationwide rule [3] [1] [4]. Advocates emphasize that expungement can meaningfully improve housing access [5], while some jurisdictions retain safety-based exclusions and longer lookbacks; both perspectives appear in the cited materials [3] [6].