When Does a Felony Go Off Your Record?
A felony conviction can have a significant impact on an individual’s life, from employment and education opportunities to housing and financial stability. While a felony conviction can remain on an individual’s record for a lifetime, there are certain circumstances under which it can be expunged or sealed. In this article, we will explore when a felony goes off your record and what you need to do to achieve this.
What is Expungement?
Expungement is the process of removing a criminal record from public view. This means that the record will no longer be accessible to the public, and it will not appear on background checks or other searches. Expungement is not the same as sealing a record, which means that the record is still maintained by the court but is not accessible to the public.
When Can a Felony be Expunged?
In the United States, the laws governing expungement vary from state to state. Some states allow for expungement of certain felonies, while others do not. In general, a felony can be expunged if:
- The individual was convicted of a non-violent felony
- The individual completed their sentence, including any probation or parole
- The individual has not committed any other crimes since the conviction
- The individual has not been convicted of any other crimes while the expungement petition is pending
Types of Felonies that Can be Expunged
Not all felonies can be expunged. The following types of felonies are typically not eligible for expungement:
- Violent felonies, such as murder, rape, or assault
- Felonies involving drug trafficking or distribution
- Felonies involving weapons or firearms
- Felonies involving sexual offenses
The Expungement Process
The expungement process typically involves the following steps:
- Determine eligibility: The individual must determine whether they are eligible for expungement based on the laws of their state and the type of felony they were convicted of.
- Gather required documents: The individual must gather all required documents, including their criminal record, proof of completion of sentence, and proof of good behavior.
- File the petition: The individual must file a petition for expungement with the court that handled their original conviction.
- Wait for the court’s decision: The court will review the petition and make a decision on whether to grant or deny the expungement.
- Obtain a court order: If the expungement is granted, the court will issue a court order stating that the record has been expunged.
How Long Does it Take to Get a Felony Off Your Record?
The length of time it takes to get a felony off your record can vary depending on the state and the complexity of the case. On average, the process can take anywhere from 6 months to 2 years. However, it’s important to note that the process can take longer if there are any issues with the petition or if the court needs additional information.
What Happens After a Felony is Expunged?
After a felony is expunged, the individual’s record will no longer be accessible to the public. This means that the individual will not have to disclose the felony on job applications or other forms. Additionally, the individual will not have to disclose the felony to most employers, educational institutions, or licensing authorities.
Table: Felony Expungement Laws by State
| State | Eligible Felonies | Waiting Period | Documents Required |
|---|---|---|---|
| California | Non-violent felonies | 1 year | Proof of completion of sentence, proof of good behavior |
| Florida | Non-violent felonies | 3 years | Proof of completion of sentence, proof of good behavior |
| Illinois | Non-violent felonies | 4 years | Proof of completion of sentence, proof of good behavior |
| New York | Non-violent felonies | 10 years | Proof of completion of sentence, proof of good behavior |
Conclusion
A felony conviction can have a significant impact on an individual’s life, but it is possible to have it removed from your record through the expungement process. The laws governing expungement vary from state to state, so it’s important to research the laws of your state and consult with an attorney if you are considering expungement. By understanding the process and requirements for expungement, individuals can take steps to remove the stigma of a felony conviction and move forward with their lives.
Additional Resources
- National Expungement Resource Center: www.expungementresourcecenter.org
- American Civil Liberties Union (ACLU): www.aclu.org
- National Association of Criminal Defense Lawyers (NACDL): www.nacdl.org
