Does a Felony Go Away After Probation?
What is Probation?
Probation is a form of criminal sentencing that allows a defendant to serve their sentence outside of prison. Instead of serving a set term in prison, a person on probation is supervised by a probation officer and is required to follow certain rules and guidelines to ensure their rehabilitation and reintegration into society.
What is a Felony?
A felony is a serious crime that is punishable by more than one year in prison. Felonies are typically considered to be more severe than misdemeanors, which are crimes punishable by less than one year in prison. Felonies can include a wide range of crimes, such as murder, theft, drug trafficking, and fraud.
Does a Felony Go Away After Probation?
Short Answer: No, a felony does not "go away" after probation. Even if a person completes their probation successfully, the felony conviction will remain on their record.
Long Answer: While probation can be a significant consequence for a felony conviction, it does not erase the fact that the person committed a felony. The felony conviction will remain on their criminal record, and the person will still be required to disclose it on job applications, loan applications, and other forms.
Consequences of a Felony Conviction
Criminal Record: A felony conviction will remain on a person’s criminal record for the rest of their life. This can have significant consequences, including difficulty finding employment, housing, and loans.
Right to Bear Arms: In many states, a felony conviction can result in the loss of the right to bear arms.
Right to Vote: In some states, a felony conviction can result in the loss of the right to vote.
Employment and Education: A felony conviction can make it difficult to find employment or pursue higher education.
Social and Family Relationships: A felony conviction can also have significant consequences for a person’s social and family relationships.
Types of Felony Sentences
Prison Sentence: A person convicted of a felony can receive a prison sentence, which can range from a few years to life.
Probation: As mentioned earlier, a person can receive a probation sentence, which allows them to serve their sentence outside of prison.
Split Sentence: A split sentence is a combination of a prison sentence and a probation sentence.
Felony Expungement
What is Felony Expungement?
Felony expungement is the process of removing a felony conviction from a person’s criminal record. This can be a complex and lengthy process, and not all felony convictions are eligible for expungement.
Who is Eligible for Felony Expungement?
In some states: Felony expungement is available for certain types of felony convictions, such as non-violent drug offenses.
In other states: Felony expungement may not be available for certain types of felony convictions, such as violent crimes or crimes that resulted in serious injury or death.
How to Obtain Felony Expungement
Filing a Petition: The person seeking expungement must file a petition with the court.
Pay Filing Fees: There may be filing fees associated with the petition.
Attend a Hearing: The person seeking expungement must attend a hearing with the court.
Types of Felony Expungement
Full Expungement: This is the most common type of expungement, where the felony conviction is removed from the person’s criminal record.
Limited Expungement: This type of expungement allows the person to seal or expunge certain records, but not all of them.
Table: Felony Expungement Requirements by State
| State | Eligible Felony Convictions | Filing Fees | Hearing Required |
|---|---|---|---|
| California | Non-violent drug offenses | $200-$500 | Yes |
| Florida | Non-violent felony convictions | $350 | No |
| Illinois | Non-violent felony convictions | $150 | Yes |
| New York | Non-violent felony convictions | $200 | No |
Conclusion
While probation can be a significant consequence for a felony conviction, it does not "erase" the fact that the person committed a felony. A felony conviction will remain on a person’s criminal record for the rest of their life, and can have significant consequences for their future. However, in some states, felony expungement may be available, which can remove the felony conviction from a person’s criminal record. It is important for individuals to understand the laws and procedures related to felony expungement in their state.
