How Long Do Felony Charges Stay on Your Record?
Introduction
When an individual is charged with a felony, it can have a significant impact on their life. The consequences of a felony conviction can be severe, including imprisonment, fines, and a permanent record. But how long do these felony charges stay on your record? In this article, we will explore the answers to this question and provide a comprehensive overview of the laws and regulations surrounding felony records.
How Long Do Felony Charges Stay on Your Record?
The length of time that felony charges stay on your record varies depending on the state and the specific circumstances of the case. In the United States, most felony convictions remain on an individual’s record for the rest of their life. In some states, a felony conviction can remain on your record for up to 70 years. However, there are some exceptions and considerations that can affect the length of time a felony charge remains on your record.
Expungement
In some cases, it may be possible to have a felony conviction expunged, which means that the record is sealed and cannot be viewed by the public. Expungement is usually only available for non-violent felonies and is typically granted after a certain period of time has passed since the conviction.
- Not all states allow expungement: Some states do not provide for expungement, while others have specific laws that govern the process.
- The expungement process can be lengthy and complex: It may take several years for a petition to be granted, and even then, it is not guaranteed.
- Some convictions may not be eligible for expungement: This includes violent felonies, sex offenses, and certain drug-related offenses.
Sealing of Records
In some cases, a felony record may be sealed, which means that the record is not accessible to the public, but it is still available to law enforcement and other government agencies. Sealing of records is often granted for non-violent felonies and is typically used to allow individuals to obtain employment or housing without disclosing their felony conviction.
- Sealing of records is not the same as expungement: While sealing of records makes the record less accessible, it does not erase the conviction.
- Sealing of records may not affect immigration status: In some cases, a sealed felony record may still be used as a basis for deportation or immigration proceedings.
Collateral Consequences
Even if a felony conviction is expunged or sealed, there may still be collateral consequences that affect an individual’s life. Collateral consequences include loss of voting rights, professional licenses, and education opportunities. These consequences can have a significant impact on an individual’s life and may affect their ability to reintegrate into society.
- Loss of voting rights: In many states, individuals with felony convictions lose their right to vote.
- Professional licenses: Certain professional licenses, such as those related to healthcare or law, may be revoked or suspended as a result of a felony conviction.
- Education opportunities: Some educational institutions may have policies prohibiting individuals with felony convictions from attending or graduating.
Conclusion
Felony charges can have a significant impact on an individual’s life, and the consequences can be severe. In most cases, felony convictions remain on an individual’s record for the rest of their life. However, there are some exceptions and considerations that can affect the length of time a felony charge remains on your record. Expungement and sealing of records may be available for non-violent felonies, but the process can be lengthy and complex. Collateral consequences can still affect an individual’s life even after a felony conviction is expunged or sealed. It is essential for individuals to understand the laws and regulations surrounding felony records and to seek legal advice if they are considering expungement or sealing of their record.
Table: Felony Records and Collateral Consequences
| Felony Conviction | Expungement | Sealing of Records | Collateral Consequences |
|---|---|---|---|
| Non-violent felony | Yes | Yes | Loss of voting rights, professional licenses, education opportunities |
| Violent felony | No | No | Loss of voting rights, professional licenses, education opportunities |
| Sex offense | No | No | Registration as a sex offender, loss of voting rights, professional licenses, education opportunities |
| Drug-related felony | Yes | Yes | Loss of professional licenses, education opportunities |
Additional Resources
- National Center for Education Statistics: Expungement and Sealing of Records
- Bureau of Justice Statistics: Collateral Consequences of a Felony Conviction
- American Civil Liberties Union: Expungement and Sealing of Records
