Do Felonies Ever Go Away? Understanding Expungement and Sealing
The question of whether felonies "go away" is complex. The short answer is: they remain part of your record, but their impact can be lessened through expungement or sealing, depending on your location and specific circumstances. This means that while the conviction will always technically exist, its visibility and impact on your life can be significantly reduced. Let's explore this in more detail.
What Happens After a Felony Conviction?
A felony conviction is a serious matter with lasting consequences. These can include:
- Criminal Record: A permanent record of the conviction is maintained by law enforcement agencies.
- Legal Restrictions: You may face restrictions on voting rights, gun ownership, professional licensing, and even travel in certain cases.
- Employment Challenges: Many employers conduct background checks, and a felony conviction can significantly hinder your job prospects.
- Housing Difficulties: Securing housing can be challenging with a felony record.
Can I Get a Felony Expunged?
Expungement is the process of having a criminal record officially erased or sealed. This essentially makes the record unavailable to the public and most employers. However, it's crucial to understand that:
- Eligibility Varies by State: The laws governing expungement are different in every state and jurisdiction. Some states have very limited expungement options for felonies, while others are more lenient. The specifics, such as the type of felony, time elapsed since conviction, and your subsequent criminal history, will all significantly impact your eligibility.
- Requirements are Strict: Typically, you need to meet certain criteria, often including completing your sentence, probation, and parole, maintaining a clean record for a specific period, and potentially undergoing a waiting period after completing your sentence.
- Not all Felonies are Eligible: Some particularly serious felonies may never be eligible for expungement.
Can I Get a Felony Sealed?
Sealing is similar to expungement, but it doesn't erase the record completely. Instead, it restricts access to it. Certain authorized individuals, like law enforcement and judges, might still have access, but it's generally kept confidential from the public and most employers. The rules and eligibility requirements for sealing a felony are also state-specific.
How Long Does it Take to Get a Felony Expunged or Sealed?
The timeframe varies widely depending on the jurisdiction and the complexity of the case. It can take anywhere from a few months to several years. You'll need to navigate the legal process, which often involves filing petitions, attending hearings, and potentially dealing with legal representation.
What is the Difference Between Expungement and Sealing?
The key difference lies in the permanence of the record. Expungement effectively removes the record, while sealing restricts access but doesn't eliminate it completely. Both processes offer significant benefits in reducing the negative impact of a felony conviction.
What are the benefits of expungement or sealing?
The benefits are substantial, including improved employment prospects, increased housing opportunities, and the restoration of certain civil rights. A clean record can open doors previously closed due to a past felony conviction.
Do I need a lawyer to help with expungement or sealing?
While you might theoretically attempt the process yourself, it's strongly recommended to consult with an attorney specializing in expungement and sealing. They can guide you through the complex legal procedures, ensure your application is properly filed, and significantly improve your chances of success. The laws are intricate, and making a mistake could delay or even prevent the expungement or sealing of your record.
In conclusion, while a felony conviction never truly disappears, expungement and sealing offer valuable pathways to mitigate its long-term consequences. The specific process and eligibility criteria differ significantly by jurisdiction, emphasizing the importance of consulting legal professionals for personalized advice and guidance.
