The criminal justice system has a lasting impact on people’s lives. Therefore, it is important to comply with all laws, because committing a serious crime can be detrimental in all areas: social, economic, and even work. One of the most common questions that arise in relation to this topic is: how long does a felony stay on your record? A criminal defense lawyer can help.
In the following lines of this article, this issue will be explored in detail; in addition, the concepts of criminal records, public records, and the possibility of eliminating or sealing records will be analyzed and even certain questions will be answered, such as how long does it take to erase a felony? All this is to understand whether a serious crime can affect a person throughout their life or if there are mechanisms to mitigate its consequences.
Key Takeaways
- How can a felony be removed from the criminal record? You can work with an attorney to vacate your conviction, request a pardon from the governor or president, or ask for the expungement of your criminal record.
- What crimes are considered serious? Crimes such as murder, rape, robbery, kidnapping, among others, are punishable by more than a year in prison and can have a negative impact on a person’s life.
- What are the negative aspects of having a felony on your record? It can make it difficult to find a job, rent a home, obtain loans, vote, and travel to certain countries.
How long does a felony stay on your record and how can it be removed?
If you are convicted of a felony, it will be a milestone that will remain on your record forever, which means it will be visible to any authority that checks your background. However, there are some situations in which an attorney can help you remove the felony from your record. For example, if the conviction was based on false evidence or if you were wrongly sentenced, a legal professional can help you vacate the conviction.
If you have a felony on your record, it’s important to speak with a specialist to help you improve your situation. Having a felony on your record doesn’t have to be the end of the world, but it’s important to understand what’s going on.
Some options to consider regarding whether a felony on your record can be removed include:
- Working with an attorney to vacate the conviction.
- Asking the governor or president for a pardon.
- Applying for an expungement
Each option has different requirements and may not be available in all cases. For this reason, it’s important to speak with a professional to find out what options are available to you so you understand the requirements for each option. At S&B Legal, we can help you sort through these types of issues.
What crimes are considered serious?
Serious crimes are those that are punishable by more than one year in prison. Some of them are the following:
- Murder
- Rape
- Robbery
- Arson
- Intentional homicide
- Human trafficking
- Kidnapping
- Torture
- Drug trafficking
If you have been convicted of any of these, do not hesitate to seek the assistance of a lawyer who specializes in these crimes. Only he can provide you with the help you need, in addition to advising you on whether a felony can be removed.
What are the negative aspects of having a felony on your record?
A felony on your record can make it difficult to find a job or rent an apartment. Many employers and landlords perform background checks, and a conviction for the offense will appear on them. That means they could ignore you for a job, or deny you an apartment. It is worth mentioning that, if these offenses are serious, they can also make it difficult to obtain a loan or the right to vote. As if that weren’t enough, a felony on your record can also make it difficult for you to travel to certain countries around the world, such as Canada, Australia, the United Kingdom, Japan, China, or New Zealand because you will not be allowed entry if you have been convicted of a felony [1].
Criminal Records and Public Records
Following a conviction for a felony, a criminal record is generated, which contains information about the conviction, including the crime committed, the date of the conviction in question, and, in some cases, additional details. These records are maintained by law enforcement agencies and can be accessible to the general public through a variety of sources, such as online databases and court records.
The existence of a public criminal record can have significant implications for an individual, as it can affect their ability to find employment, purchase or rent housing, access certain government benefits, and even limit their ability to travel to certain countries. Additionally, the social stigma associated with a felony can have a lasting impact on someone’s reputation as well as personal relationships.
Expungement and Record Sealing
Although criminal records do exist, many jurisdictions have implemented mechanisms to allow for the removal or sealing of these records in certain circumstances. These vary by jurisdiction and local laws.
- Expungement or Erasure: Some jurisdictions allow for the expungement of records, which involves the complete removal of the criminal record. In this case, the felony will no longer appear on the person’s record and, in theory, should not affect their future opportunities. However, it is important to note that the process regarding whether a felony can be expunged may have strict requirements, such as meeting certain deadlines, having no additional convictions, and even demonstrating good conduct for a certain period of time.
- Sealing of Records: In other jurisdictions, it is possible to seal criminal records. This means that they will not be expunged, but public access to them will be restricted. Sealing records may mean that only certain government institutions or judicial authorities have access to the information, and the general public will not be able to see it. However, in some cases, certain employers or government agencies may be allowed to access these sealed records in specific situations, such as applying for jobs in certain sensitive industries or background checks for certain professional licenses.
If you think that criminal records are expunged on their own, you should keep in mind that this process is not automatic and generally requires making a formal request as well as meeting certain criteria set out in current legislation. Additionally, not all serious crimes may be eligible when it comes to whether a felony can be expunged or record sealing.
How long does it take to expunge a criminal record in the United States?
In the US, a felony can be removed from a public record through a process known as expungement or sealing, depending on the state in which the conviction took place.
Generally, the amount of time that must pass before a person can apply to have their criminal record expunged varies from state to state. Typically, a reasonable amount of time must have passed since the conviction was served or the crime was committed, which can range from years to decades.
It is important to note that not all crimes are eligible for expungement, so it is critical to consult with an attorney who specializes in expungement laws to determine if a felony can be removed.
What about criminal records?
If you now want to know how many years a criminal record is expunged, keep in mind that in the United States, criminal records are not automatically expunged after a certain amount of time. State and federal laws vary as to the ability to have a criminal record expunged or sealed. In some cases, it may be possible to apply for expungement or sealing of certain criminal records after a significant period of time has passed.
Serious crimes can have long-lasting consequences. If you have been convicted of a felony, it is important to speak with an attorney to see what options are available to you and to understand the full extent of the consequences. S&B Legal can help you with this. We are experienced in handling serious crimes and can help you understand your rights and options, as well as clarify in which cases a felony can be expunged. Contact us today to start discussing your case!
Conclusion
In summary, the question of whether a felony remains on a person’s record forever does not have a single, definitive answer. Criminal records do exist and, in many cases, are accessible to the general public. However, in some jurisdictions, mechanisms have been implemented to expunge or seal these records in certain circumstances.
The process of expunging or sealing records varies by jurisdiction and local laws and may involve both strict requirements and deadlines that must be met. It is critical to consult with competent legal professionals or government agencies for accurate and up-to-date information on the mechanisms available in a specific location.
While expungement or sealing of records may offer some degree of relief for individuals with a criminal record, it is important to note that the impact of a felony on someone’s life can transcend beyond official records. Social stigma and personal and professional implications can persist even if records are expunged or sealed.
Summary
Being fully aware of whether or not a felony can be expunged, as well as what felonies are and what happens to a person when they have a criminal record, helps raise awareness of their actions and will make them reflect on the impact of committing a felony. For this reason, it never hurts to educate yourself on this topic from professionals willing to provide you with all the assistance you need.
Frequently Asked Questions
Do misdemeanors go away?
Misdemeanors typically don’t “go away” automatically, but in some cases, they can be removed from your criminal record through a legal process called expungement or sealing. The eligibility for expungement depends on the laws of the state where the offense occurred and the nature of the misdemeanor.
Do felonies go away?
Felonies, like misdemeanors, do not automatically “go away.” However, in some cases, they can be removed from your criminal record through expungement or sealing, depending on the type of felony and the laws of the state where the conviction occurred. Felonies are generally more serious than misdemeanors, so expunging them is often more difficult, and not all felonies are eligible for this process.
Can a felony be expunged?
Whether a felony can be expunged depends on the laws of the state in which the conviction occurred, as well as the nature of the felony itself. In many states, expungement of felony convictions is limited or restricted, but it may be possible in certain cases, especially for non-violent or first-time offenders. Typically, violent felonies, serious drug offenses, and sex crimes are more difficult or impossible to expunge.
