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A felony typically remains on your record permanently unless expunged or pardoned. However, the impact and reporting requirements vary by state and case specifics.
Below, we explain how felony records affect different aspects of life and how you may be able to remove or minimize their impact.
What is a Felony?
A felony is a crime that can result in a sentence of over one year in prison. However, which offenses qualify as felonies varies by state.
Some felonies may lead to probation instead of jail time, while others result in long-term imprisonment or even the death penalty in some jurisdictions.
Related Article: How Long Does It Take To Get a Court Date for a Felony?
How Long Does a Felony Stay on Your Record?
In most cases, a felony conviction remains on your record indefinitely unless you take legal action to remove it.
Some states have automatic expungement for certain offenses after a set period, but most require a formal petition to seal or expunge the record.
Factors Affecting Record Duration:
- State laws regarding record retention
- Type and severity of the felony
- Eligibility for expungement or sealing
How a Felony Affects Your Life
Felony convictions can impact multiple aspects of daily life, including:
- Employment: Many employers conduct background checks, making it difficult for felons to secure jobs.
- Housing: Landlords often deny rental applications due to felony records.
- Voting Rights: Some states revoke voting rights for felons permanently, while others allow reinstatement after time served.
- Firearm Ownership: Federal law prohibits most felons from owning firearms.
- Public Assistance: Certain benefits, such as housing aid, may be restricted for felons.
How Can a Felony Be Removed?
There are two primary ways to remove a felony from your record:
- Expungement: A legal process that erases a felony from your record, making it inaccessible to most background checks.
- Pardon: A governor or president can issue a pardon, which forgives the crime but does not necessarily remove it from public records.
Felony Expungement Law
State laws allow individuals who have completed their sentence for a felony offense to petition to have their case dismissed.
If the petition is granted, the court will permit the person to withdraw their plea of guilty or no contest, or if convicted, the court will drop the guilty verdict.
The court will also then dismiss the information or accusations against the defendant.
How is a Felony Expunged?
In order to get a felony conviction expunged from your record, you must first ask the court to reduce your felony to a misdemeanor.
Felony charges that are eligible for expungement are typically those that the prosecutor could have charged as a misdemeanor but did not. In most cases, the court will grant this kind of petition.
Also Read: 5 Effective Ways to Get Felony Charges Dropped
Eligibility for Expungement
Not all felonies can be expunged. Crimes more likely to qualify include:
- Juvenile offenses
- Non-violent crimes
- Arrests without convictions
- Low-level drug offenses
Each state has different criteria for expungement. Some require a waiting period, while others limit eligibility to first-time offenders.
Which Felonies Cannot be Expunged?
Even in states that are generous with expungement, there are still certain felonies that cannot be sealed, including:
- Murder
- Rape
- Assault with a deadly weapon that causes a serious injury
- Arson
- Terrorism
- Capital offenses
- Crimes that carry life in prison
Steps to Take for Record Clearance
If you are looking to remove a felony from your record, follow these steps:
- Check State Laws: Each state has different expungement policies.
- Consult an Attorney: A legal expert can guide you through the petition process.
- File a Petition: Submit paperwork to the court requesting expungement.
- Attend a Hearing: Some cases require a judge’s approval.
- Follow Up: If approved, ensure that your record is updated in background check databases.
What Rights Do You Lose With a Felony?
While all states have slightly different penalties, there are some common rights that are almost always revoked. In most states, convicted felons will lose the following rights:
- Voting rights
- Ability to travel abroad
- Gun ownership
- Jury service
- Employment in certain fields
- Public assistance and housing
- Parental rights
Related Article: Is Robbery a Felony?
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FAQs
1. Can a Felony Be Removed from a Background Check?
If a felony is expunged or sealed, it may not appear on most background checks.
2. How Does a Felony Affect Your Civil Rights?
A felony conviction can affect your right to vote, serve on a jury, and own firearms, among other rights.
3. Can a Felony Conviction Be Pardoned?
Yes, a felony can be pardoned by the governor or president, but this process is often lengthy and not guaranteed.
4. How Does a Felony on Your Record Affect Housing?
A felony conviction can make it difficult to rent or buy a home, as many landlords and lenders conduct background checks.
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