A felony conviction significantly impacts your life, affecting employment, housing, and even the right to vote. Many people convicted of felonies naturally wonder, "Does a felony go away?" The simple answer is: it depends. A felony record doesn't simply vanish, but its impact can be lessened or even erased through several legal processes. This article will explore the different ways a felony's consequences can be mitigated over time.
What Happens After a Felony Conviction?
Immediately following a felony conviction, the consequences are immediate and impactful. These include:
- Criminal Record: A permanent record of the conviction is maintained by law enforcement agencies and may be accessible through background checks.
- Legal Restrictions: Various legal restrictions apply, including limitations on firearm ownership, voting rights (depending on the state), and the ability to hold certain professional licenses.
- Social and Economic Impact: Finding employment, securing housing, and accessing certain educational opportunities can become significantly more challenging.
Can a Felony Be Expunged?
Expungement is a legal process that seals or removes a criminal record from public view. However, not all felonies are eligible for expungement, and eligibility criteria vary by state. Generally, factors considered include:
- The nature of the felony: Some felonies, particularly violent crimes, are rarely eligible for expungement.
- Time elapsed since conviction: A waiting period is usually required before applying for expungement.
- Compliance with probation or parole: Successful completion of any court-ordered probation or parole is typically a prerequisite.
- No subsequent offenses: Having additional criminal charges pending or convictions after the original felony will usually disqualify you.
It's crucial to consult with a legal professional in your jurisdiction to determine eligibility for expungement. The process can be complex, and seeking professional guidance is highly recommended.
What About a Pardon?
A pardon is a formal act of forgiveness granted by a governor (at the state level) or the president (at the federal level). Unlike expungement, a pardon doesn't erase the criminal record but forgives the offense. The impact of a pardon varies depending on the jurisdiction and the specific terms of the pardon. Some pardons explicitly restore certain rights, such as the right to vote or possess firearms, while others do not.
Does Time Automatically Erase a Felony?
While time doesn't automatically erase a felony conviction from your record, its impact diminishes over time. Many employers and landlords have policies that only consider convictions within a certain timeframe, for example, the past seven or ten years. However, this is not a universal rule, and some employers may still consider older convictions.
What About Sealing Records?
Sealing a record is similar to expungement, but it doesn't always result in complete removal. Sealed records are typically kept confidential and are not accessible to the public. However, law enforcement and certain other agencies may still have access to them. The specific rules for record sealing also vary by state and the type of offense.
How Can I Find Out More About My Specific Situation?
The best way to understand your options regarding a felony conviction is to consult with an attorney specializing in criminal law or expungement. They can assess your specific situation, explain the applicable laws in your jurisdiction, and guide you through the process of expungement, pardon application, or other relevant legal actions.
Disclaimer:
This information is for educational purposes only and should not be considered legal advice. The laws regarding expungement, pardons, and the impact of felony convictions vary significantly by jurisdiction. Always consult with a qualified legal professional to obtain advice tailored to your specific situation.
