Does a Felony Go Away After 7 Years?
When it comes to criminal records, one of the most common questions people ask is whether a felony goes away after 7 years. The short answer is that it’s not that simple. A felony does not automatically go away after 7 years. However, there are some circumstances where a felony conviction can be sealed or expunged, and we’ll explore those below.
What is Expungement?
Expungement is the legal process of sealing or clearing a criminal record. Not all states allow expungement, and even in those that do, the process can be lengthy and complex. In states that allow expungement, a court can issue an order to seal the record, making it difficult for the public to access the information.
Sealing vs. Expungement
While both terms are often used interchangeably, there is a key difference between sealing and expungement:
- Sealing: The court orders the record to be sealed, making it inaccessible to the public. However, the record is still available to law enforcement and the courts.
- Expungement: The court orders the record to be physically destroyed or erased, making it as if the arrest or conviction never occurred.
When Can a Felony be Expunged or Sealed?
Not all felony convictions are eligible for expungement or sealing. The eligibility requirements vary by state, but generally, a person can petition for expungement or sealing if:
• The conviction was for a non-violent felony: Many states allow expungement or sealing for non-violent felonies, such as drug-related offenses or property crimes.
• The person has completed their sentence: The person must have completed their sentence, including probation, parole, or fines.
• A certain amount of time has passed: Some states require a minimum amount of time to have passed since the conviction or sentence was completed before allowing expungement or sealing.
Table: State-by-State Expungement Laws
| State | Eligibility Requirements | Sealing/Expungement Process |
|---|---|---|
| California | 1-2 years since completion of sentence | Petition to the court, hearing required |
| Florida | 3-5 years since completion of sentence | Petition to the court, hearing required |
| Illinois | 4-5 years since completion of sentence | Petition to the court, hearing required |
| New York | 10 years since completion of sentence | Petition to the court, hearing required |
| Texas | 5-10 years since completion of sentence | Petition to the court, hearing required |
The 7-Year Rule: A Misconception?
The 7-year rule is a common myth that suggests a felony automatically goes away after 7 years. This is not the case. While some states may allow expungement or sealing after 7 years, it’s not a blanket rule. Each state has its own laws and procedures, and the eligibility requirements vary widely.
Other Options for Criminal Record Reform
In addition to expungement or sealing, there are other options for criminal record reform:
• Pardons: A governor or other executive official can grant a pardon, which can restore civil rights and clear a record.
• Certificate of Relief: Some states offer a certificate of relief, which can restore certain rights and privileges, such as the right to vote or hold public office.
• Certificate of Good Conduct: Similar to a certificate of relief, a certificate of good conduct can verify that a person has no criminal record.
Conclusion
In conclusion, a felony does not automatically go away after 7 years. While some states allow expungement or sealing after a certain amount of time, it’s not a blanket rule. Each state has its own laws and procedures, and the eligibility requirements vary widely. If you have a felony conviction and are interested in exploring options for criminal record reform, it’s essential to consult with an attorney who is familiar with the laws and procedures in your state.
