A felony conviction significantly impacts your life, leaving a lasting mark on your background check. Understanding how long this record persists is crucial for navigating future opportunities in employment, housing, and even travel. The answer, however, isn't straightforward and depends on several factors. This guide will delve into the complexities of felony record retention and explore common questions surrounding this sensitive topic.
What is a Felony?
Before diving into the duration, it's important to understand what constitutes a felony. Felonies are serious crimes, typically involving violence, significant property damage, or substantial fraud, carrying penalties of more than one year in prison and substantial fines. The specific definitions and classifications of felonies vary by state and jurisdiction. Misdemeanors, on the other hand, are less severe crimes with less harsh penalties.
How Long Do Felonies Stay on Your Record? (The Short Answer)
There's no single answer to this question. The length of time a felony stays on your record depends on several crucial factors:
- State Laws: Each state has its own laws regarding the expungement, sealing, or pardon of criminal records. Some states have more lenient policies than others.
- Type of Felony: The severity of the felony influences how long it remains accessible. More serious felonies often have longer retention periods.
- Whether the Record is Sealed or Expunged: Legal processes like sealing or expungement can limit or eliminate the public accessibility of your record, but this doesn't necessarily erase it from existence. In some cases, the record still exists but isn't visible to the general public.
Generally, felony records remain accessible to law enforcement indefinitely. However, their visibility to potential employers, landlords, or others conducting background checks might vary according to state laws and specific circumstances.
How Long Do Felonies Show Up on Background Checks?
The duration a felony appears on a background check depends largely on the type of background check conducted and the policies of the entity requesting it.
- Federal Background Checks: Federal agencies may have access to your criminal record indefinitely.
- State and Local Background Checks: State and local laws dictate how long records are retained and shared. This timeframe often varies, and many states provide for expungement or sealing after a specific period, assuming certain conditions are met.
- Private Background Checks: Private companies conducting background checks will adhere to relevant state laws and their own policies. Their access to records might vary depending on the information they subscribe to and the specific information requested.
It's important to note that even if a felony is sealed or expunged, it might still appear on some background checks, particularly those conducted at the federal level or by agencies with broader access to records.
Can You Get a Felony Expunged or Sealed?
Yes, in many states, it's possible to petition the court to have your felony record sealed or expunged. This process typically involves demonstrating rehabilitation, adherence to the law, and meeting certain time requirements. However, the eligibility criteria for expungement or sealing vary significantly by state and the nature of the felony. Some felonies may be ineligible for expungement, regardless of the circumstances.
This is a legal matter, and seeking advice from a qualified attorney is crucial before pursuing expungement or sealing. An attorney can advise you on your specific eligibility and guide you through the process.
What is the Difference Between Expungement and Sealing?
While both expungement and sealing limit public access to criminal records, they differ in their effects:
- Expungement: Essentially "erases" the record, making it as if the conviction never happened. However, this doesn't mean the record disappears completely; it may still exist in secure archives, accessible to law enforcement.
- Sealing: Makes the record inaccessible to the public, but it still exists and can be accessed under specific circumstances, such as by law enforcement or courts.
The terms and their legal implications are very nuanced, which underlines the importance of consulting a legal professional for your specific situation.
Does a Pardon Erase a Felony?
A pardon from a governor or the president offers a form of official forgiveness for a crime. While a pardon doesn't necessarily erase the record, it significantly reduces its impact, often restoring certain civil rights. However, a pardon's effect on background checks varies depending on the state and the specific agency conducting the check. Some employers may still consider it during the hiring process, even if the pardoned crime is sealed or expunged.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. The laws surrounding felony records vary significantly by state. Consulting with a legal professional is essential for obtaining personalized guidance on your specific situation.
