A felony conviction is a serious matter with long-lasting consequences. Many people understandably wonder, "Does a felony go away?" The short answer is: it depends. A felony conviction remains part of your record, but its impact can be mitigated through various legal processes, depending on your state and specific circumstances. This article explores the different ways a felony's impact can be reduced, clarifying the differences between expungement, sealing, and pardons.
What Happens After a Felony Conviction?
Before diving into how a felony's impact might lessen, it's crucial to understand what typically happens after a conviction. This includes:
- Criminal Record: The conviction is permanently recorded with your state's Department of Corrections or a similar agency. This record is accessible to background check services and can affect future opportunities.
- Legal Restrictions: Felonies often carry significant legal ramifications, including limitations on voting rights, firearm ownership, professional licensing, and even travel to certain countries.
- Social and Economic Impacts: A felony conviction can significantly impact your ability to secure employment, housing, and even certain types of loans. It can create lasting social stigma and hinder your ability to fully participate in society.
Can a Felony Be Expunged?
Expungement is the process of officially removing a criminal record from public view. It's essentially erasing the conviction as if it never happened. However, this is not always possible, and eligibility requirements vary significantly by state. Some states allow expungement only after a certain amount of time has passed since the completion of sentencing, while others have stricter criteria, considering factors like the severity of the crime and the individual's criminal history.
Is expungement the same as sealing? No. While both expungement and sealing limit access to your criminal record, they are distinct processes.
Can a Felony Be Sealed?
Sealing a record doesn't erase it entirely; rather, it restricts access. The record still exists but is typically inaccessible to the public, including background check companies. However, law enforcement and certain authorized agencies may still have access. The eligibility criteria for sealing also vary by state and are often less stringent than those for expungement.
What is a Pardon?
A pardon is granted by a governor or the president (for federal crimes). It's a formal act of forgiveness that doesn't erase the conviction from your record, but it can restore certain civil rights, such as the right to vote or own firearms. Pardons are typically granted only after a rigorous application and review process. The criteria for obtaining a pardon are much stricter than expungement or sealing.
How Long Does It Take to Get a Felony Expunged, Sealed, or Pardoned?
The time it takes to complete any of these processes varies dramatically depending on the state, the specific crime, your criminal history, and the workload of the relevant agencies. It can range from a few months to several years.
What are the Requirements for Expungement, Sealing, and Pardons?
Each state has its own unique set of requirements for expungement, sealing, and pardons. These requirements typically include criteria such as time elapsed since the completion of sentence, absence of subsequent convictions, completion of probation or parole, and submission of comprehensive applications.
Does a Felony Affect Employment Opportunities?
Yes, a felony conviction can significantly impact your employment opportunities. Many employers conduct background checks, and a felony conviction can disqualify applicants from consideration, particularly for certain professions. However, some states have "ban the box" laws that prevent employers from inquiring about criminal history at the initial stages of the application process.
Can I Travel Internationally With a Felony Conviction?
Your ability to travel internationally with a felony conviction depends on your destination country's immigration laws. Some countries may deny entry to individuals with criminal records.
In conclusion, while a felony conviction doesn't automatically "go away," various legal avenues exist to mitigate its impact. Understanding the nuances of expungement, sealing, and pardons – and the specific laws in your state – is crucial if you're seeking to lessen the long-term consequences of a felony. It's always advisable to consult with a qualified legal professional to determine your eligibility and the best course of action.
