Imagine standing on the precipice of a new opportunity, a life-changing job, or the chance to secure stable housing. You’ve worked hard, done your time, and paid your dues. There’s only one obstacle standing in your way—your past. A felony conviction looms large, threatening to overshadow your potential and progress.
What if you could rewrite that history? Imagine wiping the slate clean and emerging with a renewed sense of purpose. Welcome to the world of felony expungement, a game-changer in turning your life around. If you’re wondering, “Can a felony be expunged?” The answer is a resounding yes, and it’s a path worth exploring.
What is Felony Expungement?
To fully understand what’s at stake, we must grasp what we mean by felony expungement. Simply put, it’s the legal process of erasing or sealing a felony conviction or arrest from your record.
For anyone who’s asked, “Can you get a felony expunged?” The process can seem daunting, but the rewards are life-altering. Once a record is expunged, it’s as if the arrest or conviction never occurred.
These records become inaccessible during routine background checks, freeing you from the shackles of past mistakes when applying for jobs, housing, or higher education.
Why Should You Seek a Felony Expungement?
If you’re wondering why you should seek a felony expungement, here’s the answer in three words—opportunity, dignity, and stability.
With a conviction on your record, the world often feels like it’s stacked against you. As revealed in a report, nearly 9 in 10 employers, 4 in 5 landlords, and 3 in 5 colleges use background checks to screen applicants’ criminal records. More than 45,000 federal and state statutes and regulations impose disqualifications or disadvantages on individuals with a conviction.
Here are five compelling reasons to expunge a felony from your record:
- Increased Job Opportunities: With an expunged record, you’ll face fewer hurdles when applying for jobs, raising your chances of gaining stable employment.
- Access to Housing: With background checks being a standard part of the rental process, expunging your record can open doors to more housing opportunities.
- Access to Education: An expunged record increases your chances of being admitted into higher educational institutions, unlocking scholarship opportunities and financial aid like Pell Grants.
- Restoration of Rights: Expungement can lead to restoring certain rights, like the right to vote, bear arms, or even run for public office.
- Personal Satisfaction and Peace of Mind: Removing the stigma associated with a felony conviction can lead to improved mental well-being and a better quality of life.
It’s not just about personal benefits. Expungement is a socio-economic necessity. Economists estimate that barring individuals with criminal records from the workforce amounts to roughly $78 to $87 billion in lost gross domestic product annually, according to the Center for Economic and Policy Research.
What are the Basic Steps to Follow?
So, how do you get a felony expunged? Here’s a seven-step guide to navigating this process.
- Finish Paying Off all Court Fines: The first hurdle to cross involves settling all court-imposed fines and fees related to your conviction.
- Complete Your Sentence (Be “Off Paper”): Ensure you have served your entire sentence, including any probation or parole, known colloquially as being “off paper.”
- Wait the Mandatory Period: After serving your sentence and fulfilling your financial obligations, a waiting period typically follows before you can apply for expungement. The length varies depending on the state and the severity of the conviction.
- Avoid any New Charges: Committing another crime or getting charged with another offense can derail your expungement process.
- Complete an Application: Once eligible, you must apply for expungement. This often involves filling out specific forms and submitting them to the appropriate court.
- Interview with Board or State: Depending on the state, you may be required to attend an interview or hearing to demonstrate that you have reformed and are leading a law-abiding life.
- Get Legal Assistance: Navigating expungement laws can be complex. Seeking help from a legal professional can significantly increase your chances of successfully expunging your record.
What is the Difference Between Expungement and Pardon?
In criminal justice, the terms ‘expungement’ and ‘pardon’ are often thrown around interchangeably. However, they represent distinct legal processes, each with its own implications and benefits. Understanding the difference is crucial if you’re attempting to put your criminal history behind you.
An expungement essentially erases a criminal conviction from your record as if it never happened. Imagine having the ability to click a delete button on your past mistakes, permanently removing them from your criminal record— that’s expungement.
After successful expungement, you can legally state that you were never convicted of that crime. It’s a clean slate, a fresh start. Moreover, expunged records are not visible to landlords, employers, or even in most background checks. They are, however, still accessible to law enforcement agencies under specific circumstances.
On the other hand, a pardon, granted by the governor of your state or the President for federal crimes, does not erase a conviction but rather forgives it. It’s an official statement that the state or the federal government absolves you of the legal consequences of your crime. However, the conviction will still appear on background checks, but it’ll be marked as pardoned. It can help restore certain rights, like gun ownership, which can be lost due to a felony conviction.
Think of expungement as the judicial system’s ultimate ‘undo’ button and pardon as its ‘forgive but not forget’ function. Both are valuable tools in navigating life after a felony conviction, but their impact and the process involved in securing them vary significantly. If you’re considering either path, legal counsel is highly advised to help you understand which is more suitable for your situation.
Beyond Expungement: What About Restoration of Rights?
Navigating life post-conviction is a complex journey, and it’s not only about expunging your record. Restoration of rights is another critical piece of this puzzle, and it’s just as vital as clearing your record.
What does “restoration of rights” mean, and how does it differ from expungement? When you are convicted of a felony, you can lose a variety of rights, depending on the laws of your state. These might include the right to vote, serve on a jury, hold public office, or possess a firearm.
Restoration of rights is the legal process through which you regain these lost privileges.
The process can be automatic upon completion of a sentence in some states, while in others, it might involve a waiting period or even a pardon from the governor. It’s essential to note that restoration of rights does not erase the conviction from your record like expungement. Instead, it restores the rights that were lost due to that conviction.
What States Don’t Allow Felony Expungement?
While the prospects of expungement seem promising, it’s worth noting that not all states allow this process. Five jurisdictions currently do not allow for any expungement or record sealing, according to the Collateral Consequences Resource Center. They include:
- Federal
- Alaska
- Florida
- Hawaii
- Maine
- Wisconsin
However, the legal landscape is evolving. From 2009 to 2014, at least 31 states and the District of Columbia expanded the scope and impact of expungement and sealing remedies, marking a significant shift toward reentry and redemption.
What Felonies Cannot Be Expunged?
While the idea of erasing past mistakes through expungement is undeniably appealing, it’s crucial to understand that the law draws a line in the sand. Not all felonies are eligible for expungement. Numerous factors, such as the nature of the crime, the severity of the offense, and state laws, play into this determination.
Typically, the law is less forgiving towards violent crimes, sexual offenses, and crimes against children. These offenses, due to their grave nature, are generally considered non-expungable. For instance, in many jurisdictions, crimes like murder, rape, and child molestation do not qualify for expungement.
Another critical factor is the presence of prior convictions. If an individual has a track record of repeated offenses, the chances of getting a felony expunged decrease substantially. Courts consider repeat offenders as a threat to public safety, and thus, the leeway offered in these cases is often minimal.
Now, here’s a general list of crimes that usually cannot be expunged, keeping in mind that laws may vary between states:
- First-degree murder
- Child pornography
- Rape or sexual assault
- Serious crimes against minors
- Repeat offenses
Again, this list is not exhaustive, and the specific crimes that can’t be expunged vary significantly by state. Some states might even prohibit the expungement of DUIs or possession of controlled substances.
FAQ: Clearing up Your Queries
How long does a felony stay on your record?
Without expungement, a felony stays on your record indefinitely.
What felonies can be expunged?
The eligibility of felonies for expungement depends on your state’s laws. Non-violent and first-time offenses have a higher chance of being expunged.
How long does a DUI stay on your record?
In most states, a DUI stays on your record for 5 to 10 years but can be permanent without expungement.
Your Journey Towards a Fresh Start
Being convicted of a felony can feel like carrying a heavy burden. The implications are far-reaching—impacting everything from your ability to secure stable housing in fellow-friendly apartments to receiving public assistance like food stamps or getting a passport.
You are not alone. Around 30 million U.S. children have parents grappling with these challenges. And there is hope—felony expungement. As you navigate the winding path of reintegration, take heart in this empowering fact: research suggests that individuals with sealed or expunged criminal records commit crimes at a lower rate than the general adult population.
So, have you or someone you know successfully navigated the expungement process? We’d love to hear your story. Your experience could be the guiding light for someone else on their path to redemption. Here’s to a future defined by resilience and second chances, not by past mistakes.
If you would like to learn more about changing your life after a felony conviction, check out the guide Getting Out: success after incarceration, available on Amazon.
