How Long Does A Felony Last Before It Can Be Expunged? In some cases, those convicted with a felony can have it stick with them for a lifetime, severely hurting their employ-ability chances as a result. Felony Expungement – Everything you need to know!
One potential method to remove a felony from one’s record is to seek to have it expunged. In the case that it is deleted, the offense can be removed from one’s history along with so that it no longer is displayed on their record.
This procedure generally goes to show that the person has been rehabilitated. It also serves as a way to prevent such felony from showing on the person’s record so that it no longer hinders their chances of getting employed
This blog post will go into detail about how long it takes for a felony to be expunged.
Felony Expungement Eligibility:
It’s important to keep in mind that not all felonies can be expunged. However, if the felon hasn’t committed any previous felonies, then it’s more than likely that his offense can be expunged.
While clemency can be granted by the governor or Pardon Board official in the case of a state felony, or by the President of the United States if it’s a Federal felony. In the use of expungement, it’s the governor of the state where the person has been convicted who grants expungement.
The laws differ from state to state when it comes to felony expungement. This is why it’s crucial to check this process for a particular state before going forth. Having legal counsel is recommended in this case.
It’s crucial that the felons complete their sentence. The person cannot qualify for felony expungement unless he’s been out of prison anywhere from five to ten years which varies from state to state.
They must have also finished probation and have paid any fines they owed or restitution incurred from their felony.
First-time felons have good chances to have their felonies expunged. However, those chances diminish as the person commits more convicts. Having one’s offense expunged while having a lengthy record of felons is extremely hard.
The nature of the felony committed also makes an essential factor. If one has committed an offense that involves sexual crimes, child pornography, crimes involving a victim who is a minor or any other violent crimes, then that felony cannot be expunged.
It’s also required that the felon keep a clean record after being released from prison.
They must also remain free from alcoholism or substance abuse for at least one year and had been deemed rehabilitated by the court if that was a part of the sentence.
It’s mandatory that felons have obtained a GED or a high school diploma and have completed at least one year of community service, according to the court.
As a felon, keeping track and documenting self-improvement be it involving education, training or work can prove to be very useful and can increase one’s chances of getting their felony expunged.
Effect Of Felony Expungement
Those with an expunged record must have their records still available in some cases.
For example, their records must be shown to a licensing office when attempting to obtain a license to carry a gun or law enforcement if the felon is involved in a criminal investigation.
Another case would be the federal state, or city employers when it comes to applying for a job related to the investigation or prosecution of people under civil or criminal statutes.
Some states also require access to expunged records if the felon wishes to apply for a job as a school teacher, police officer, or correction officer.
There are also other states that allow consideration of expunged records for jobs in courts or within the juvenile legal system
Applying for professional licenses such as medicine or law also require access to said deleted records.
In most of the states, felony expungement can only be granted once, after which it’s impossible to repeat the procedure.
If a felon is later arrested for another crime, his legal history will increase the gravity of the new offense that’s been committed, even if the convict had his previous felony expunged.
Felonies that have been expunged are also brought up again when evaluating the seriousness of the new crime.
Such an offender is considered a repeat offender. In this case, previous felonies, though expunged, are again, recognized by the court when sentencing the repeat offender.
In the case that a felony expungement request is denied, the felon will be informed as to why his application wasn’t accepted, along with the steps they need to follow to reapply, and also how long they have to wait to reapply.
The first thing to do would be to send a petition to the court in the jurisdiction where the felony was committed. A copy must be sent to the District Attorney in that jurisdiction.
The District Attorney should then respond with a recommendation to the court within the course of 60 days, which it will the consider along with the information from the applicant and the District Attorney.
After that, the court will decide whether or not the eligibility criteria for felony expungement have been met or not and whether or not granting the expungement will put public safety at risk of jeopardy. The felons are then notified by the decision of the court.
If expungement is given, all records relating back to the crime will be sealed with the exception of a court opinion that is already available to the public and documents related to the appeal.
As a result of the expungement, felons are no longer required to show information related to the felony and their status will not disqualify them from any profession.
A hidden record of the conviction would still be maintained by the Department of Justice for any future legal action. Felons can also deny having committed a felony when they’re asked.
Supporting Felons After Expungement:
The felon who seek felony expungement should have the support of their family.
Once they’ve been granted expungement, should always provide moral support and acknowledge their efforts at repenting for their offenses in order to keep them motivated and help them reintegrate into society.
In the case that their felony isn’t expunged, it’s important not to lose hope as the court will provide all the information so that the next time they reapply, their chances will be better
It’s important to keep in mind that felons are, above all, human and should be allowed second chances.
Robert Gomez was born and raised in the Bronx, New York. He currently lives in Northern California with “the wifey,” “the kids,” “the dog,” and “that cat,” 🙁 He is also a former journalist who has interviewed murderers on death row. Felonyfriendlyjobs.org was born to help ex-felons get a second chance in life.