Do Felonies Ever Go Away? Understanding Expungement and Sealing
The question of whether felonies ever "go away" is complex. A felony conviction remains a part of your criminal record, potentially impacting various aspects of your life for years, even decades, to come. However, the impact can lessen over time, and in some cases, records can be sealed or expunged, effectively making them less accessible. This doesn't erase the conviction itself, but it significantly limits its visibility.
Let's explore this multifaceted issue in detail.
What Happens After a Felony Conviction?
A felony conviction results in a criminal record that is typically accessible to various entities. This can affect your ability to:
- Obtain employment: Many employers conduct background checks, and a felony conviction can significantly hinder your job prospects, particularly in certain fields.
- Secure housing: Landlords often run background checks, and a felony conviction might lead to rejection of rental applications.
- Access education: Some educational institutions may deny admission or financial aid based on a criminal record.
- Obtain professional licenses: Many professions require background checks, and a felony conviction could disqualify you.
- Travel internationally: Certain countries may deny entry to individuals with felony convictions.
- Vote: Depending on the state and the specifics of the felony, voting rights may be affected.
Can a Felony Be Expunged or Sealed?
The process of removing or sealing a felony from your record varies significantly by state. Expungement generally means the record is destroyed or removed entirely. Sealing makes the record inaccessible to the public but still available to law enforcement and certain other authorized entities.
Not all felonies are eligible for expungement or sealing. Factors influencing eligibility often include:
- The type of felony: Some violent felonies are rarely, if ever, expunged.
- The time elapsed since the conviction: A waiting period is usually required before applying.
- Compliance with probation or parole: Successfully completing any court-ordered supervision is often a prerequisite.
- The absence of subsequent offenses: New criminal charges could prevent expungement or sealing.
The specific requirements vary widely across states; some states offer more expansive expungement options than others. It's crucial to consult with a legal professional in your state to determine eligibility and the process involved.
How Long Does a Felony Stay on Your Record?
There's no single answer to how long a felony stays on your record. While it remains a part of your official record indefinitely, its accessibility changes depending on state laws and whether you successfully petition for expungement or sealing. Even if sealed or expunged, some employers may still access it through specialized databases.
What Are the Differences Between Expungement and Sealing?
Expungement: Generally removes the record completely, as if the conviction never occurred. It's the most desirable outcome.
Sealing: Makes the record confidential and inaccessible to the public. However, law enforcement and certain other authorized parties can still access it.
The specific legal ramifications of expungement and sealing vary by state. Always consult with an attorney for precise legal advice concerning your specific situation and jurisdiction.
What is the process for getting a felony expunged or sealed?
The process for expungement or sealing is complex and varies greatly by state. Generally, it involves:
- Meeting specific eligibility requirements: These requirements are often stringent and depend on the nature of the offense, the time elapsed, and your post-conviction record.
- Filing a petition with the court: This petition must demonstrate that you meet all legal requirements.
- Submitting supporting documentation: This may include fingerprints, background checks, proof of completion of probation or parole, and other relevant documents.
- Attending a court hearing: The court will review the petition and supporting documentation and may require additional information or testimony.
- Paying fees: Court fees and attorney fees are common expenses associated with the process.
Again, seeking legal counsel is crucial as navigating the legal complexities is essential for a successful outcome.
This information is for educational purposes and should not be considered legal advice. Always consult with a qualified attorney in your jurisdiction for personalized advice regarding your specific situation and felony conviction.
