A felony conviction significantly impacts your life, affecting employment, housing, and even travel opportunities. Many people convicted of felonies wonder, "Does a felony go away?" The answer is complex and depends on several factors, including the specific state laws where the crime occurred, the nature of the offense, and your subsequent conduct. A felony doesn't simply vanish, but its impact can be mitigated through various legal processes. This article will explore the options available to reduce the long-term effects of a felony conviction.
What Happens After a Felony Conviction?
Following a felony conviction, you'll face a range of consequences determined by the court. These can include:
- Imprisonment: Serving time in a state or federal prison.
- Fines: Significant monetary penalties.
- Probation: Supervised release with conditions to be followed.
- Community service: Unpaid work benefiting the community.
- Loss of rights: This can include the right to vote, own firearms, or hold certain professional licenses.
Can a Felony Be Expunged?
Expungement is a legal process that erases a criminal record. This means the conviction is removed from public view and, in many cases, treated as if it never occurred. However, expungement isn't always available. Eligibility criteria vary greatly by state and often depend on:
- The type of felony: Certain serious felonies, like violent crimes or sex offenses, are usually ineligible for expungement.
- Your criminal history: A clean record after the felony conviction is often a requirement.
- Completion of probation or parole: You must successfully complete any court-ordered supervision.
- Time elapsed since the conviction: A waiting period is usually mandated before applying for expungement.
Important Note: Even if expunged, some records might still be accessible to law enforcement and certain employers conducting background checks.
Can a Felony Be Sealed?
Sealing a felony record restricts access to it. Unlike expungement, the record isn't erased, but it's kept confidential and inaccessible to the public. The specific details of sealing also vary significantly by state, but generally, it requires meeting similar criteria as expungement, such as a clean record after the felony and the completion of any sentencing requirements.
What is a Pardon?
A pardon is granted by a governor (at the state level) or the president (at the federal level). It's a formal forgiveness of the crime and restores certain civil rights lost due to the conviction. A pardon doesn't erase the criminal record, but it can significantly improve your opportunities. Pardons often require a significant waiting period, a demonstrated commitment to rehabilitation, and a strong showing of remorse.
How Long Does it Take to Get a Felony Expunged, Sealed, or Pardoned?
The timeframe for each process is highly variable and depends on factors including the specific state laws, court backlogs, and the complexity of your individual case. It can range from several months to several years. It's crucial to seek guidance from a qualified legal professional to assess your eligibility and navigate the process effectively.
Does a Felony Affect Employment?
Yes, a felony conviction can significantly impact your employment prospects. Many employers conduct background checks, and a felony can lead to rejection. However, depending on the job, the time elapsed since the conviction, and the nature of the offense, some employers may be willing to consider your application.
Can I Travel Internationally With a Felony?
International travel restrictions vary based on the country you plan to visit and the nature of your felony. Some countries may deny entry to individuals with certain felony convictions. It's essential to research the specific entry requirements of your intended destination.
What Should I Do If I Have a Felony Conviction?
If you're dealing with a felony conviction, seeking legal advice is paramount. An attorney specializing in criminal record relief can help you understand your options, determine your eligibility for expungement, sealing, or a pardon, and guide you through the legal process. Remember that this is not a simple process and requires careful attention to detail and adherence to strict legal requirements. Don't attempt to navigate this alone; legal expertise is essential for success.
