Do Felonies Go Away After 7 Years? Understanding Expungement and Criminal Records
The question of whether felonies "go away" after seven years is a common one, but the answer isn't a simple yes or no. The truth is more nuanced and depends on several factors. While a felony conviction remains a part of your criminal record indefinitely, its impact can lessen over time, and in some cases, the record can be sealed or expunged, effectively making it less accessible. Let's explore this in more detail.
What Happens to a Felony Conviction Over Time?
A felony conviction is a serious matter with lasting consequences. It doesn't simply disappear after seven years or any other specific timeframe. However, the impact of the conviction can diminish over time, particularly regarding employment opportunities and certain licensing requirements. Some states have waiting periods before you can apply for expungement or sealing of your record, and these waiting periods can vary considerably.
What is Expungement?
Expungement is the legal process of removing a criminal record from public view. This means that background checks will not reveal the felony conviction. The criteria for expungement vary widely by state and even by the type of felony. Some states don't allow expungement for certain serious felonies, while others have more lenient laws. Even when expungement is possible, it usually requires meeting specific criteria, such as completing probation successfully and remaining crime-free for a set period. It's crucial to understand that expungement doesn't erase the conviction completely—it merely seals it from public access.
What is Sealing a Record?
Sealing a record is similar to expungement, but the process and implications can differ by state. A sealed record remains part of your official criminal history, but it is not readily accessible to the public or most employers conducting background checks. The specific rules regarding access for law enforcement and other authorized entities vary from jurisdiction to jurisdiction.
How Long Do I Have to Wait to Apply for Expungement or Sealing?
The waiting period before you can apply for expungement or sealing varies significantly from state to state. Some states may require several years of crime-free living after completing your sentence, while others may have shorter waiting periods. There's no nationwide standard, so it's essential to research the laws in your specific state.
Can I Still Be Denied Employment After Expungement?
While expungement significantly improves your chances of getting a job, some employers may still have access to your record, particularly in specific industries with high security requirements. Employers are allowed to ask if you've been convicted of a crime, but they can't automatically deny you a job solely based on a sealed or expunged felony conviction (depending on the state's laws).
Does a Felony Affect My Ability to Own a Firearm?
Federal law generally prohibits individuals with felony convictions from possessing firearms. This restriction is unaffected by expungement or sealing of the record. This is a crucial point to understand, as it's a permanent limitation regardless of state-level expungement laws.
What Should I Do If I Want to Explore Expungement?
If you're interested in expunging or sealing your felony record, you should consult with an attorney specializing in criminal law in your state. They can advise you on your eligibility, the necessary steps to take, and the potential outcomes. Each state's laws are unique, and legal counsel can ensure you navigate the process correctly and effectively.
In conclusion, while the passage of seven years doesn't automatically erase a felony, the legal processes of expungement and sealing can significantly reduce its impact. Understanding your state's specific laws and seeking legal guidance is essential for navigating this complex area.
