Does a Felony Go Away? Understanding Expungement, Sealing, and the Passage of Time
The question of whether a felony "goes away" is complex and depends heavily on several factors. While a felony conviction remains a part of your permanent record, its impact can lessen over time, and in some cases, it can be legally sealed or expunged, effectively hiding it from public view. Let's break down the different possibilities.
What Happens After a Felony Conviction?
Immediately following a felony conviction, you'll face legal consequences, including potential imprisonment, fines, probation, and restrictions on certain rights, such as voting or owning firearms. These consequences can significantly impact your life, affecting employment, housing, and even your ability to travel internationally.
Does a Felony Disappear After a Certain Number of Years?
No, a felony conviction does not automatically disappear after a set number of years. The record remains permanently on file. However, the impact of the felony can diminish over time. Background checks often prioritize more recent offenses, and employers might be more willing to overlook older convictions, especially if you've demonstrated rehabilitation and a clean record since.
What is Expungement?
Expungement is the legal process of removing a criminal record. This means that the conviction is officially erased from your record, and it will not appear in background checks. Eligibility for expungement varies widely by state and the type of felony. Some states have very limited expungement options, while others allow expungement after a certain period of time and a clean record.
Can a Felony Be Sealed?
Sealing a felony record is different from expungement. Sealing makes the record inaccessible to the general public, but it remains on file and can be accessed by law enforcement and certain authorized individuals. The conditions for sealing a felony conviction also vary by state and depend on factors such as the nature of the offense and the individual's subsequent record.
What is the Difference Between Expungement and Sealing?
The key difference is access:
- Expungement: The record is completely erased and unavailable to anyone, including law enforcement.
- Sealing: The record remains on file but is hidden from public view. It is still accessible to authorized parties.
How Can I Find Out About Expungement or Sealing in My State?
The process for expungement and sealing varies significantly by state. You should consult with a qualified attorney in your jurisdiction to determine your eligibility and navigate the legal process. Each state has its specific requirements, timelines, and procedures. Searching "[Your State] felony expungement" or "[Your State] felony sealing" online can be a good starting point to find resources and information relevant to your location.
What Are My Chances of Getting My Felony Expunged or Sealed?
Your chances of success depend heavily on several factors, including:
- The specific felony conviction: Some felonies are more difficult to expunge or seal than others.
- Your subsequent record: Maintaining a clean record after your conviction significantly improves your chances.
- State laws: The laws regarding expungement and sealing vary greatly by state.
- Your attorney's expertise: Having a skilled attorney who understands the intricacies of expungement and sealing laws in your state is crucial.
Ultimately, while a felony conviction never truly "goes away" in the sense of complete deletion from all records, the impact can be mitigated through expungement, sealing, and the passage of time. Seeking legal counsel is essential to understand your options and navigate the complexities of the process in your state.
