Do Felonies Go Away After 7 Years? Understanding Expungement and Sealing
The question of whether felonies "go away" after 7 years is a common one, but the answer isn't a simple yes or no. The truth is more nuanced and depends on several factors, including the specific state's laws, the nature of the felony, and whether you've pursued expungement or sealing. Let's break down the complexities.
The short answer: Felonies don't automatically disappear after 7 years. A criminal record remains, though its impact may lessen over time depending on state laws and individual circumstances.
What Happens to a Felony Conviction Over Time?
While a felony conviction remains a part of your criminal record indefinitely, its impact can change over time. Some states have laws that allow for expungement or sealing of certain felonies after a specific period, often after a significant period of crime-free living and meeting other requirements. These processes differ significantly by state.
What is Expungement?
Expungement essentially removes a felony (or other criminal record) from your official record. This means background checks won't reveal the conviction. The process for expungement is rigorous and varies greatly depending on the state and the specific crime. Some states may not allow expungement for certain felonies, regardless of how much time has passed.
What is Sealing?
Sealing a felony record makes the information confidential, typically meaning it won't be accessible to the public. However, law enforcement and certain authorized individuals might still have access. Sealing is a less comprehensive solution compared to expungement.
Does a 7-Year Timeframe Apply to All States?
No, there's no universal 7-year rule for felonies disappearing. Some states might have waiting periods of 7 years or more for eligibility for expungement or sealing, but others may have different timelines, stricter requirements, or not allow it at all for certain felonies.
How Can I Find Out About My State's Laws?
To understand the specific rules regarding your felony conviction, you need to research your state's laws regarding expungement and sealing. You can find this information by:
- Searching your state's legislative website: Look for statutes related to expungement, sealing, or record clearing.
- Consulting a legal professional: An attorney specializing in criminal law can provide guidance based on your specific situation and state's laws.
- Contacting your state's court system: They may offer information or resources on record clearing processes.
What Factors Influence Eligibility for Expungement or Sealing?
Beyond the time elapsed since the conviction, several factors can impact eligibility for expungement or sealing:
- Nature of the felony: Certain felonies, such as violent crimes or sex offenses, may be ineligible for expungement or sealing, regardless of time passed.
- Compliance with probation or parole: Successfully completing any probation or parole terms is crucial for eligibility.
- Subsequent criminal activity: Any new offenses will likely hinder your chances of expungement or sealing.
- Specific state requirements: Each state has its own set of criteria, which can be quite detailed.
Does a Felony Affect My Future Opportunities?
Even if a felony is expunged or sealed, its existence might still impact future opportunities, such as employment or housing. Some employers and landlords might still conduct background checks that may reveal previous convictions. However, expungement or sealing significantly improves your chances compared to having a visible, unexpunged record.
In conclusion, the idea that felonies automatically disappear after 7 years is a misconception. The process of removing or limiting the impact of a felony conviction is complex and highly dependent on individual circumstances and state laws. Seeking legal counsel is highly recommended for anyone seeking to expunge or seal their felony record.
