Do Felonies Ever Go Away? Understanding Expungement and Sealing
The question of whether felonies "go away" is complex. The short answer is: not entirely, but their impact can be significantly lessened through expungement or sealing, depending on your jurisdiction and specific circumstances. A felony conviction remains a part of your official record, but its accessibility and influence on your life can change. Let's delve into the details.
What Happens After a Felony Conviction?
A felony conviction has long-lasting consequences. These can include:
- Inability to vote: In many states, felony convictions result in the loss of voting rights, either temporarily or permanently.
- Restrictions on employment: Many jobs, especially those involving security clearances or working with vulnerable populations, prohibit hiring individuals with felony convictions.
- Housing challenges: Landlords may refuse to rent to individuals with felony records.
- Educational limitations: Some educational institutions may deny admission to applicants with felony convictions.
- Travel restrictions: Depending on the nature of the felony, international travel may be restricted.
- Gun ownership restrictions: Felony convictions usually prohibit owning firearms.
These consequences can significantly impact an individual's ability to reintegrate into society. Therefore, understanding the options for mitigating the effects of a felony conviction is crucial.
What is Expungement?
Expungement is the process of legally removing a criminal record. Once expunged, the record is effectively erased, and in many instances, it's as if the conviction never happened. However, expungement is not always available for all felonies. Eligibility depends on several factors, including:
- The specific felony charge: Some felonies are ineligible for expungement.
- State laws: Expungement laws vary significantly by state. Some states offer more lenient expungement options than others.
- Time elapsed since conviction: There are usually waiting periods before an individual can apply for expungement.
- Compliance with probation or parole: Successful completion of any probation or parole is typically a requirement.
- No subsequent convictions: Having additional criminal convictions may preclude expungement.
Expungement applications are often carefully reviewed, and approval isn't guaranteed.
What is Sealing?
Sealing a record is different from expungement. While sealing doesn't erase the record, it makes it inaccessible to the public. Law enforcement and certain authorized individuals may still have access, but the record is generally shielded from background checks and other inquiries. The specific rules governing sealing also vary by jurisdiction.
Can I Get My Felony Record Expunged or Sealed?
The possibility of expungement or sealing depends entirely on your specific circumstances and your state's laws. It's crucial to:
- Consult with an attorney: A qualified attorney specializing in criminal law can provide accurate guidance based on your individual case and jurisdiction. They can assess your eligibility and guide you through the process.
- Research your state's expungement and sealing laws: Familiarize yourself with the specific criteria and procedures outlined in your state's statutes. This will help you understand the requirements and timeline involved.
How Long Does It Take?
The time it takes to complete the expungement or sealing process varies considerably based on the jurisdiction, the specific circumstances of the case, and the backlog of applications. It could range from several months to over a year.
Does a Pardon Erase a Felony?
A pardon from a governor or the president does not erase a felony record. However, a pardon can significantly lessen the consequences of a felony conviction. Pardons are often considered on a case-by-case basis and typically require demonstrating rehabilitation and remorse. They can restore certain civil rights, such as the right to vote.
In conclusion, while a felony conviction never truly "goes away" in the sense that it is completely erased from existence, its impact can be significantly reduced through expungement, sealing, or a pardon. The availability and process of each vary widely depending on your location and the details of your conviction. Seeking professional legal counsel is always recommended to understand your specific options.
