Do Felonies Go Away After 7 Years? Understanding Expungement and the Impact of a Felony Record
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, including the specific state, the nature of the felony, and whether you've pursued expungement or sealing of your record. While a felony conviction remains a part of your legal history indefinitely, its impact on your life can lessen over time, especially with proactive steps.
What Doesn't Change After 7 Years (or Any Length of Time):
- The Conviction Itself: A felony conviction is a permanent part of your criminal record. This means it will always appear on background checks performed by certain agencies, depending on their policies and the nature of the inquiry.
- Access to Certain Professions: Some professions, especially those involving high security clearances, working with children, or handling finances, may always require background checks that will reveal a past felony conviction.
- Potential for Future Legal Issues: A past felony conviction could influence future legal proceedings, even decades later, particularly if new charges are brought.
What Can Change Over Time:
- Expungement: Many states offer the possibility of expungement (or sealing) of certain felony records after a period of time, often longer than seven years, depending on the specific crime and whether the individual has fulfilled any required conditions (such as completing probation and remaining crime-free). Expungement doesn't erase the conviction, but it makes the record inaccessible to most background checks. This can significantly improve your employment prospects, housing opportunities, and ability to obtain certain licenses.
- "Sealed" Records: Similar to expungement, a sealed record is not accessible to the public or most background checks. The legal requirements and timelines for sealing a felony vary widely by state.
- Reduced Impact on Background Checks: Even without formal expungement or sealing, the impact of a felony conviction can lessen over time. Some employers may be less concerned about older convictions, particularly if they demonstrate rehabilitation and a positive employment history since the conviction.
How Long Does it Take for a Felony to Be Expunged?
The timeframe for expungement varies significantly from state to state. Some states have no expungement process for felonies, while others may require 5, 10, or even more years of clean conduct before you can even apply. The specific requirements are also dependent on the nature of the felony conviction. For instance, violent crimes often have more stringent requirements than non-violent ones. It's crucial to consult with an attorney in your state who specializes in expungements to understand your options and the specific requirements.
What are the Requirements for Expungement?
Requirements for expungement vary by jurisdiction, but generally include:
- Time Elapsed Since Conviction: You'll need to have completed your sentence and probationary period, and a certain amount of time must have passed since your conviction.
- Clean Record Since Conviction: Maintaining a clean record after your conviction is typically a requirement. Any new offenses could jeopardize the expungement process.
- No Outstanding Fines or Fees: All court-ordered fines, fees, and restitution must be paid in full.
- Filing a Formal Petition: You'll need to formally petition the court for expungement. This typically involves completing specific forms and presenting your case to a judge.
Can I Automatically Get My Felony Record Expunged After 7 Years?
No. There's no automatic expungement process after seven years (or any specific time) for felonies in any state. The process requires a formal application and often involves demonstrating rehabilitation and meeting specific state-mandated criteria.
What is the Difference Between Expungement and Sealing?
While both expungement and sealing limit access to criminal records, there are key differences. Expungement typically involves the official removal of the record from official databases, while sealing keeps the record in the system but restricts access. The terminology and specific legal effects vary across jurisdictions.
In conclusion: A felony conviction doesn't automatically disappear after seven years. However, the long-term impact can be mitigated through expungement or sealing, provided you meet the requirements of your state's laws. Always consult with a legal professional familiar with your state's laws to understand your options and the specific steps needed to pursue expungement or sealing of your record.
