Does a felony go away at 18?

Does a Felony Go Away at 18?

The Short Answer

In the United States, a felony conviction can have long-lasting consequences that extend far beyond the age of 18. The answer to the question "does a felony go away at 18?" is a resounding no. In most cases, a felony conviction will remain on an individual’s criminal record, regardless of their age, and can have significant implications for their future.

Why Felonies Don’t Automatically Expunge at 18

There are several reasons why felonies don’t automatically expunge at 18:

• Federal Law: Under federal law, a felony conviction remains on an individual’s record for life. The Fair Credit Reporting Act (FCRA) requires that felony convictions be reported on background checks, regardless of age.
• State Laws: Most states have laws that prohibit the expungement of felony convictions. Even if a state does allow expungement, it is typically only available for certain types of felony convictions, such as misdemeanors or non-violent crimes.
• Sealing vs. Expungement: Some states offer sealing or pardons for felony convictions, which can have different legal implications than expungement. Sealing or pardons may not completely erase the conviction from an individual’s record, but rather restrict access to the information.

The Consequences of a Felony Conviction

The consequences of a felony conviction can be far-reaching and devastating. Here are a few examples:

• Employment: A felony conviction can make it difficult to find employment, particularly in certain industries such as healthcare, education, or finance.
• Education: A felony conviction can impact an individual’s ability to access higher education or receive financial aid.
• Housing: A felony conviction can make it difficult to find housing, particularly in areas with strict rental laws.
• Criminal Justice: A felony conviction can lead to lengthy prison sentences, fines, and restitution.

Exceptions and Options for Expungement

While most felonies do not automatically expunge at 18, there are some exceptions and options for expungement:

• First Offenders: Some states offer first-offender programs that allow individuals to have their felony convictions expunged after completing a certain period of probation or community service.
• Misdemeanors: Misdemeanors, which are typically considered less serious crimes than felonies, can often be expunged after a certain period of time.
• Non-Violent Crimes: Some states offer expungement for non-violent felony convictions, such as drug possession or theft.
• Pardons: A pardon is a formal declaration that an individual’s crime has been forgiven, and can be used to seal or expunge a felony conviction.

Table: Felony Expungement Laws by State

Conclusion

In conclusion, a felony conviction can have long-lasting consequences that extend far beyond the age of 18. While there are some exceptions and options for expungement, most felonies do not automatically expunge at 18. It is essential for individuals who have been convicted of a felony to understand the implications of their conviction and to seek legal advice on potential options for expungement or sealing.