The only way to remove a felony charge is to have your record expunged. The expungement process is similar to having your felony records sealed from public view. However, expungement goes one step further. It also hides your criminal record from government agencies and means you’re not legally required to tell third parties about the felony charges. It essentially wipes your record clean of criminal charges to help previous criminals move on from past mistakes. You can learn more about the process in this guide, as well as the numerous benefits that sealing your criminal record has on your future prospects.
Does a felony go away? Yes, and all states allow people to expunge their criminal records. However, each jurisdiction has its own set of processes and requirements for removing a felony on record. For example, felonies can be expunged in California only if the defendant has completed their probation. Another example is that in some states you have a waiting period that must pass before the felony on record can be removed. Others only allow the expungement of felony arrests that did not lead to criminal charges or a guilty plea.
So, does a felony go away after expungement? Most US states require one or more of the following factors to apply before expungement is considered possible:
The criminal offense happened a long time ago The individual was a juvenile when they committed the crime The felony record is for an arrest rather than a conviction The offense was for a minor crime or misdemeanorThe previous point is of particular importance when discussing “How long do felonies stay on your record?” While misdemeanors and minor crimes are readily accepted to be expunged, not all felony convictions are eligible. These ineligible offenses are generally crimes that cause danger to the public and thus must remain public knowledge for the safety of others. Examples include sex offenses, violent crimes, class A felonies (including murder, rape, kidnapping, and arson), and other dangerous crimes.
The expungement process can be complicated and typically requires a lot of legal paperwork. It is recommended to book a consultation and speak to an expungement lawyer for help completing all of the legal documents and aiding the application. With that being said, a simplified version of the legal process is detailed below:
To begin the expungement process, the person seeking to have the arrest or conviction removed from their record needs to complete an application. The exact legal paperwork that is required varies between states. Many of the documents required are hard to get your hands on, but court records are a good place to start.
Once complete, the petition for expungement needs to be filed with the courts. Before this can happen, the applicant may also have to deliver papers to agencies linked with the arrest and district attorneys. Some US states also require formal approval from the prosecutor’s office before the expungement petition is considered by the courts.
After receiving the application to have your records expunged, the courts will review the information and decide whether or not to grant the request. For most felony cases, a court hearing is required. The judge at the hearing will have the final say on whether the expungement is allowed.
When does a felony go off your record? After the expungement has been granted, how long until a felony is off your record depends on your jurisdiction. Most arrests and convictions will be destroyed and removed immediately once the courts have filed all the correct paperwork.
Felonies that are not eligible for expungements – such as murder, rape, arson, violent crimes, sex offenses, and kidnapping – cannot ever be removed from your criminal record. In terms of these crimes, does a felony stay on your record forever? No! Therefore, your best chance of maintaining a clear criminal record is to fight the criminal charge so it doesn’t lead to a conviction.
Your best chance of succeeding at this is to appoint an experienced lawyer with a professional license to help fight your case. Below are six of the most common strategies that lawyers use when helping criminal defendants fight felony charges:
Showing that there is not enough evidence to prove the defendant committed the crime Providing evidence that proves the defendant’s constitutional rights were violated Entering a plea agreement, though this is commonly reserved for misdemeanors Cooperating with the prosecution and getting the defendant to testify in another case Entering the defendant into a pretrial rehabilitation program Pleading guilty to a misdemeanor case to drop the felony chargesThere are many benefits of having your criminal record expunged. By wiping the slate clean and essentially gaining access to a fresh start, you gain access to better career and school opportunities that were previously restricted. It also protects your privacy and prevents your criminal past from showing up on background checks.
Although expunging your records is an excellent option for previous felons seeking a fresh start, it cannot fix everything.
There are some limitations to what the legal process can achieve, including the following:
But most importantly, do felonies go away when records are expunged? Yes, they do! Expunging your records is seen as a legal pardon and erases the felony charge in the eyes of the law. So, despite the few limitations of record expungement, the main benefit is undeniably welcome. You’re left with a fresh start and can put unjust crimes to bed for good.
How long do felonies stay on your record? Criminal charges stay on your record forever unless they are expunged. The expungement process is long, complex, and involves a lot of paperwork. Moreover, each US state has its laws and eligibility requirements; crimes that can be expunged in one state might not be accepted in another. Felony convictions are particularly controversial, with expungement not available for violent crimes or sex offenses.
If you have been charged with a felony and want to clear your record, speak to a certified lawyer. They will find a solid answer to the question, “How long does a felony stay on your record?” and explain your legal rights and whether expungement is an option for you besides helping you fight your criminal charges. Where the record cannot be cleared, a lawyer can at least help to reduce the offense’s associated penalties and punishments.
Please note that Lawrina does not provide any legal services. The information on Lawrina’s Site and its downloadable content, including legal articles and templates, shall not be considered legal advice and is not guaranteed to be correct, complete, and up-to-date. If you require legal advice on your issue, we recommend you contact a qualified attorney licensed in your state. You personally assume full responsibility for any consequences, damages, and costs associated with your use of any content of Lawrina Services available on Lawrina’s Site.
By using Lawrina’s Site you agree with mentioned above and give your irrevocable consent to comply with and to be bound by the provisions of Lawrina Service terms.
Murder charges are very serious. Equally serious are accessory to murder charges. An accessory to murder is anyone who helps someone commit murder or helps that person after the party commits a murder. This can include giving someone a boat or vehicle in which to escape, giving them money to help them get away, hiding the murder weapon, and much more. What Is Accessory to Murder? Accessory to murder is a criminal act that has to do with murder charges. The accessory to murder definition concerns
Bench Warrant in Florida: Understanding How It WorksWhat is a bench warrant in Florida? How do you find out if you have a bench warrant? And what can you do about it? We answer all your questions about Florida bench warrants here, from different types of warrants to how to find out if one has been made in your name, as well as what to do (and not do) when a bench warrant has been issued for you. Bench Warrants vs Arrest Warrants What is a bench warrant meaning in Florida? And are all warrants the same? No, there are actually two different kinds o
Civil Case vs. Criminal Case: What’s the Difference?According to U.S. law, there are two different types of legal cases: civil cases and criminal cases. But how is a civil case different from a criminal case? Broadly speaking, the state initiates a criminal case, which deals with issues that affect society. A business or individual seeking financial compensation initiates a civil case. However, there are many more differences between civil vs criminal cases that are important to understand. This guide will explain the difference between a civil a
Civil Contempt vs. Criminal Contempt: What Is the Difference?Understanding the law often requires distinguishing between similar legal terms with different meanings. Contempt of court meaning is a prime example. The concept may seem straightforward, but it significantly differs when it is divided into a civil and criminal contempt. Both are tools in the judiciary's arsenal to enforce orders and maintain respect for the legal process, yet they serve different purposes, have distinctive procedures, and lead to separate outcomes. This guide will set things c
Complete Guide on How to Start a Class Action LawsuitIntroduction When a group of people has the same issues against the same defendant, usually a company that operates on a massive scale, they can come together and file one lawsuit. Whether you've suffered a breach of contract, fallen victim to discriminatory employment practices, or endured the consequences of a falsely advertised product, understanding class action lawsuits could be the first step toward your rightful compensation. If you wonder, "How do I file a class action lawsuit?" this gui
Class X Felony: Ultimate Legal GuideCrimes that carry severe consequences are typically designated into one of two categories: misdemeanors or felonies. Misdemeanors are less severe crimes, while felonies are significantly more serious. Within the category of felony charges, there are various criminal charges an individual might face based on the severity of the felony. The most severe are class X felonies. But what is a class X felony in detail? In most states, a crime becomes much more severe if there is a weapon involved. When
Conspiracy Charges SentencesIn criminal law, criminal conspiracy occurs when two or more people come together and create a plan to carry out a criminal offense. To commit a conspiracy charge in Texas, the crime itself does not necessarily need to have taken place, rather there needs to be an intention for it to happen, and at least one party must commit an overt act in furtherance of the crime. For example, purchasing a gun may not be considered a criminal conspiracy Texas, but if the gun was purchased for use in a planned
Detained vs. Arrested: What’s the Difference?In legal terms, there are significant differences between being convicted vs detained. Common law dictates that investigatory detention refers to holding someone while a suspicious situation is being checked out. When the detention continues beyond a specific time limit, it can be considered an arrest. Whereas, in comparison, an arrest is usually made under the statutory authority found in Title 18 of the United States Code and its supplemental terms, in which an individual may be held for a pro