How Long Does a Felony Stay on Record?
If you’ve just been charged with a felony conviction, you’re probably asking a few questions: How long does a felony stay on record? Does a felony ever go away? And when does a felony go off your record? Unfortunately, these criminal charges will remain on your criminal record forever. The only way to remove a felony charge is to have your record expunged.
The expungement process is similar to having your records sealed from public view. However, expungement goes one step further. It also hides your criminal record from government agencies and means you’re not legally required to tell third parties about the felony charges. It essentially wipes your record clean of criminal charges to help previous criminals move on from past mistakes. You can learn more about the process in this article, as well as the numerous benefits that sealing your criminal record has on your future prospects.
Expungement Process and Record Expungement Requirements
All states allow people to expunge their criminal records. However, each jurisdiction has its own set of processes and requirements for doing this. For example, felonies can be expunged in California only if the defendant has completed their probation. Another example is that in some states you have a waiting period that must pass before the offense can be removed from your record. Others only allow the expungement of felony arrests that did not lead to criminal charges or a guilty plea.
Nevertheless, most US states require one or more of the following factors to apply before expungement is considered possible:
- The criminal offense happened a long time ago.
- The individual was a juvenile when they committed the crime.
- The felony record is for an arrest rather than a conviction.
- The offense was for a minor crime or misdemeanor.
The previous point is of particular importance when discussing felonies. While misdemeanors and minor crimes are readily accepted to be expunged, not all felony convictions are eligible. These ineligible offenses are generally crimes that caused danger to the public and thus must remain public knowledge for the safety of others. Examples include sex offenses, violent crimes, Class A felonies (including murder, rape, kidnapping, and arson), and other dangerous crimes.
How Does the Expungement Process Work?
The expungement process can be complicated and typically requires a lot of legal paperwork. It is recommended to book a consultation and speak to an expungement lawyer for help completing all of the legal documents and aiding the application. With that being said, a simplified version of the legal process is detailed below:
1) Complete an application
To begin the expungement process, the person seeking to have the arrest or conviction removed from their record needs to complete an application. The exact legal paperwork that is required varies between states. Many of the documents required are hard to get your hands on, but court records are a good place to start.
2) File the petition
Once complete, the petition for expungement then needs to be filed with the courts. The applicant may also have to deliver papers to agencies linked with the arrest and district attorneys before this can happen. Some US states also require formal approval from the prosecutor’s office before the expungement petition is considered by the courts.
3) Court overview and hearing
Having received the application to have your records expunged, the courts will look over the information and decide whether or not to grant the request. For most felony cases, a court hearing is required. The judge at the hearing will have the final say on whether the expungement is allowed.
A plea hearing is a court proceeding during which the justice system gives an individual (defendant) a chance to respond to the charge...
After the expungement has been granted, how long until a felony is off your record depends on your jurisdiction. Most arrests and convictions will be destroyed and removed immediately once the courts have filed all the correct paperwork.
How Can You Fight a Felony Charge?
Felonies that are not eligible for expungements – such as murder, rape, arson, violent crimes, sex offenses, and kidnapping – cannot ever be removed from your criminal record. In terms of these crimes, does a felony ever go away? No! Therefore, your best chance of maintaining a clear criminal record is to fight the criminal charge, so it doesn’t lead to a conviction.
Your best chance of succeeding at this is to appoint an experienced lawyer with a professional license to help fight your case. Below are six of the most common strategies that lawyers use when helping criminal defendants fight felony charges:
- Showing that there is not enough evidence to prove the defendant committed the crime;
- Providing evidence that proves the defendant’s constitutional rights were violated;
- Entering a plea agreement, though this is commonly reserved for misdemeanors;
- Cooperating with the prosecution and getting the defendant to testify in another case;
- Entering the defendant into a pretrial rehabilitation program; and
- Pleading guilty to a misdemeanor case to drop the felony charges.
What Are the Benefits of Expunging a Prior Conviction?
There are many benefits of having your criminal record expunged. By wiping the slate clean and essentially gaining access to a fresh start, you gain access to a better career and school opportunities that were previously restricted. It also protects your privacy and prevents your criminal past from showing up on background checks. Below are just some of the other benefits you get:
- You do not legally have to disclose your criminal record on job applications, opening up more opportunities within your career.
- You can easily obtain professional licenses and join professional organizations that you previously weren’t eligible for because of your criminal past.
- You will be eligible for government funding such as public grants, student loans, and scholarships that you would have previously been denied.
- You do not have to deal with prejudice and negative opinions from neighbors and other members of the local community, which could negatively impact your life.
Is There Anything That an Expungement Will Not Do?
Although expunging your records is a great option for previous felons seeking a fresh start, it cannot fix everything. There are some limitations to what the legal process can achieve, including the following:
- An expungement cannot restore gun rights to felons.
- An expungement cannot end the right of sex offenders to register their whereabouts.
- An expungement cannot give people with DUI crimes back their driver’s license.
But most importantly, do felonies go away when records are expunged? Yes, they do! Expunging your records is seen as a legal pardon and erases the felony charge in the eyes of the law. So, despite the few limitations of record expungement, the main benefit is undeniably welcome. You’re left with a fresh start and can put unjust crimes to bed for good.
Conclusions
So, if you wonder “how long till a felony is off your record?” criminal charges stay on your record forever unless they are expunged. The expungement process is long, complex, and involves a lot of paperwork. Moreover, each US state has its laws and eligibility requirements; crimes that can be expunged in one state might not be accepted in another. Felony convictions are particularly controversial, with expungement not available for violent crimes or sex offenses.
If you have been charged with a felony and want to clear your record, speak to a certified lawyer. They can explain your legal rights and whether expungement is an option for you, besides helping you fight your criminal charges. Where the record cannot be cleared, a lawyer can at least help to reduce the offense’s associated penalties and punishments.
