How Can You Get a Felony Off Your Record?
Having a felony on your record can have a significant impact on your life, making it difficult to find employment, secure housing, and even get a loan. However, there are ways to expunge or seal a felony record, allowing you to start fresh and move forward. In this article, we will explore the different options available and provide guidance on how to get a felony off your record.
What is Expungement?
Expungement is the process of sealing or destroying a criminal record, making it unavailable to the public. This means that the record will not be accessible to potential employers, landlords, or creditors. Expungement is available for certain types of crimes, including misdemeanors and felonies.
Who is Eligible for Expungement?
Not everyone is eligible for expungement. The eligibility criteria vary by state, but generally, you must meet the following conditions:
- Time Limit: You must have completed your sentence, including probation and parole, and a certain amount of time must have passed since your sentence was completed. This time limit varies by state, but it is typically 5-10 years.
- Type of Crime: You must have been convicted of a non-violent crime. Felonies that are considered violent, such as murder, rape, or robbery, are not eligible for expungement.
- No New Charges: You must not have any new charges pending or have been convicted of a new crime since your sentence was completed.
How to Get a Felony Off Your Record
There are several ways to get a felony off your record, including:
- Expungement: As mentioned earlier, expungement is the process of sealing or destroying a criminal record. This is available for certain types of crimes, including misdemeanors and felonies.
- Sealing: Sealing a record is similar to expungement, but it is not available in all states. Sealing a record means that the record will not be accessible to the public, but it will still be available to law enforcement and the court.
- Pardons: A pardon is a formal forgiveness of a crime, which can allow you to have your record expunged or sealed. Pardons are typically granted by the governor or a state board.
- Certificate of Rehabilitation: A certificate of rehabilitation is a document that certifies that you have been rehabilitated and are no longer a threat to society. This can be used to overcome the stigma of a felony conviction and may be required for certain types of employment or licenses.
The Expungement Process
The expungement process typically involves the following steps:
- Filing a Petition: You must file a petition with the court where you were convicted, requesting that your record be expunged.
- Fees: You will need to pay a fee to file the petition, which varies by state.
- Waiting Period: You will need to wait a certain amount of time for the court to review your petition. This can take several months to a year.
- Hearing: If your petition is denied, you may be able to request a hearing to appeal the decision.
- Order of Expungement: If your petition is granted, the court will issue an order of expungement, which will seal or destroy your record.
Benefits of Expungement
Expungement can have several benefits, including:
- Improved Employment Opportunities: With a expunged record, you will be able to truthfully answer "no" to questions about your criminal history on job applications.
- Housing and Education Opportunities: Expungement can also improve your chances of getting housing and education opportunities.
- Reduced Stigma: Expungement can help to reduce the stigma associated with a felony conviction.
- Increased Self-Esteem: Having a clean record can boost your self-esteem and confidence.
Conclusion
Getting a felony off your record can be a complex and time-consuming process, but it is possible. By understanding the different options available, including expungement, sealing, pardons, and certificates of rehabilitation, you can take steps to overcome the stigma of a felony conviction and start fresh. Remember to consult with an attorney to determine the best course of action for your specific situation.
Table: Expungement Eligibility Criteria
| State | Time Limit | Type of Crime | New Charges |
|---|---|---|---|
| California | 5 years | Non-violent | No |
| Florida | 7 years | Non-violent | No |
| New York | 10 years | Non-violent | No |
| Texas | 5 years | Non-violent | No |
Bullets: Benefits of Expungement
• Improved employment opportunities
• Housing and education opportunities
• Reduced stigma
• Increased self-esteem
