Do Felonies Ever Go Away? Understanding Expungement and Sealing
The question of whether felonies ever "go away" is complex. A felony conviction remains a part of your criminal record, but its impact can be mitigated through expungement or sealing, depending on your state's laws and your specific circumstances. Let's clarify what this means and address some common questions.
What does it mean for a felony to "go away"?
A felony doesn't literally disappear from existence. The record of the conviction will remain with the relevant government agencies. However, "going away" typically refers to the ability to prevent the felony from appearing in background checks or impacting your opportunities in various aspects of life. This is where expungement and sealing become crucial.
What is expungement?
Expungement is a legal process where a court orders the destruction or sealing of your criminal record. This essentially removes the felony from your official record, making it inaccessible to most people and organizations, including potential employers, landlords, and licensing boards. However, law enforcement agencies may still retain access to the expunged information. Eligibility for expungement varies greatly by state and depends on factors like the type of felony, the length of time since the conviction, and whether you've completed all conditions of your sentence (including probation and parole).
What is sealing?
Sealing is similar to expungement but often less comprehensive. Sealing a record makes it inaccessible to the public, but certain authorized entities, such as law enforcement and courts, may still have access to it. The exact rules and eligibility criteria for sealing are also specific to each state.
How long does it take for a felony to be expunged or sealed?
The timeframe varies significantly depending on state laws, the specific circumstances of your case, and the backlog of cases handled by the court system. It can take months, or even years, to complete the expungement or sealing process.
Can I get a felony expunged or sealed if I have multiple felonies?
This depends entirely on your state's laws. Some states allow for the expungement or sealing of multiple felonies, while others may have stricter limitations. You need to consult with an attorney familiar with your state's laws to determine your eligibility.
What are the requirements for expungement or sealing?
The requirements vary by state, but generally involve:
- Meeting specific time requirements: A certain amount of time must have passed since the completion of your sentence.
- A clean record since the conviction: You must not have any subsequent arrests or convictions.
- Meeting all conditions of probation or parole: You must have successfully completed any probation or parole requirements.
- Filing a formal petition with the court: You must complete a formal application and potentially appear in court.
What is the process for getting a felony expunged or sealed?
The process is complex and varies by state. It typically involves:
- Researching your state's laws: Understand the eligibility criteria and required documentation.
- Consulting with an attorney: Seeking legal advice is highly recommended. An attorney can guide you through the process, ensuring you meet all requirements and filing the necessary documents correctly.
- Preparing and filing the petition: Gathering all necessary documentation and filing the petition with the court.
- Attending court hearings (if required): You may need to appear in court for a hearing.
- Following up on the court's decision: After the court's decision, you'll receive official notice of the outcome.
Disclaimer: This information is for educational purposes only and is not legal advice. State laws regarding expungement and sealing vary considerably. It is essential to consult with a qualified legal professional in your jurisdiction for personalized advice based on your specific circumstances.
