How to Get a Felony Off My Record?
Having a felony on your record can have a significant impact on your life, making it difficult to secure employment, find housing, and even travel. Therefore, it’s essential to understand the process of having a felony expunged or removed from your record. In this article, we will provide a comprehensive guide on how to get a felony off your record.
What is Felony Expungement?
Felony expungement, also known as record sealing or record rehabilitation, is the process of removing a felony conviction from your criminal record. This means that the conviction will no longer be visible to the public, and it will not be considered as part of your criminal history.
Who is Eligible for Felony Expungement?
Not everyone is eligible for felony expungement. To be eligible, you must meet certain criteria, including:
• Time elapsed: The conviction must have been completed, and you must have been free of supervision (probation or parole) for a specific period of time, typically 5-10 years.
• Type of conviction: Only certain types of felonies are eligible for expungement. These may include non-violent crimes, such as drug possession or theft, but not violent crimes, such as murder or assault.
• No probation or parole violations: You must not have violated your probation or parole during the time you were under supervision.
• No outstanding fines or fees: You must not have any outstanding fines or fees related to the conviction.
The Expungement Process
The expungement process typically involves the following steps:
• Gathering documents: You will need to gather certain documents, including your conviction records, court orders, and other relevant legal documents.
• Filing the petition: You will need to file a petition with the court to have your conviction expunged. The petition will outline the details of your case and provide evidence of your eligibility.
• Serving notice: You will need to serve notice on the district attorney and any other interested parties, such as law enforcement agencies or victims of the crime.
• Hearing: A hearing will be scheduled, during which the court will consider your petition and make a decision.
Types of Felony Expungement
There are two types of felony expungement:
• Full expungement: This involves completely removing the conviction from your record, making it as if the crime never occurred.
• Sealing: This involves keeping the conviction on your record, but making it non-public. This means that the conviction will not be visible to the public, but it will still be considered part of your criminal history.
Benefits of Felony Expungement
Having a felony expunged can have several benefits, including:
• Improved job prospects: With a felony expunged, you may have better job prospects and opportunities.
• Housing and travel: You may have easier access to housing and travel, as employers and landlords will not be able to access your felony conviction.
• Public perception: Expungement can improve public perception of you, as the felony conviction will no longer be visible.
Challenges and Limitations
While felony expungement can be beneficial, there are also challenges and limitations to consider:
• Lengthy process: The expungement process can take several months to several years to complete.
• Cost: Filing a petition for expungement can be expensive, especially if you need to hire an attorney.
• Limited eligibility: Not all felons are eligible for expungement, and some types of convictions are not eligible.
• No guarantee: There is no guarantee that your petition will be approved, as the decision is ultimately up to the court.
Conclusion
Having a felony on your record can be a significant obstacle to achieving your goals and living a normal life. However, with the right guidance and support, it is possible to have a felony expunged or removed from your record. By understanding the process and eligibility criteria, you can take the first steps towards a fresh start. Remember to be patient and persistent, and don’t hesitate to seek legal advice if you have any questions or concerns.
Additional Resources
• National Center for State Courts: A comprehensive guide to felony expungement laws in each state.
• Federal Bureau of Investigation: Information on FBI background checks and how to request an expungement.
• American Bar Association: A guide to expungement laws and procedures.
Table: Felony Expungement Eligibility Criteria
Criteria | Description |
---|---|
Time elapsed | Conviction must be completed and supervision (probation or parole) must be completed |
Type of conviction | Only non-violent felonies are eligible |
No probation or parole violations | Must not have violated probation or parole during supervision |
No outstanding fines or fees | Must not have any outstanding fines or fees related to the conviction |
Table: Expungement Process Steps
Step | Description |
---|---|
Gathering documents | Gather conviction records, court orders, and other relevant legal documents |
Filing the petition | File a petition with the court to have the conviction expunged |
Serving notice | Serve notice on the district attorney and any other interested parties |
Hearing | Attend a hearing during which the court will consider the petition |
Key Takeaways
• Understand the felony expungement process and eligibility criteria.
• Gather necessary documents and file a petition with the court.
• Serve notice on interested parties and attend a hearing.
• Consider hiring an attorney to help with the process.
• Be patient and persistent, as the process can take several months to several years to complete.