A felony conviction significantly impacts your life, leaving a lasting mark on your record. Understanding how long this impact persists is crucial for planning your future. The answer, however, isn't straightforward, as the duration varies depending on several factors. This guide will clarify the complexities of felony record retention, addressing common questions and concerns.
What is Considered a Felony?
Before delving into the duration, let's define a felony. A felony is a serious crime, typically punishable by imprisonment for more than one year or by death. The specifics of what constitutes a felony differ between states and even between federal and state jurisdictions. Examples include aggravated assault, robbery, burglary, fraud, and drug trafficking. The severity of the crime and the specific details of the case significantly influence the sentencing and, consequently, the record's longevity.
How Long Does a Felony Stay on Your Record for Background Checks?
This is arguably the most frequently asked question. The answer depends heavily on what kind of background check is being conducted:
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Criminal Background Checks for Employment: Many employers conduct background checks, and the visibility of your felony conviction varies. Some employers might only look at the last seven years, while others might consider convictions indefinitely, especially for jobs in sensitive fields like law enforcement or education. The Fair Credit Reporting Act (FCRA) doesn't specifically mandate how far back employers can look, but it does set regulations for the accuracy and use of background checks.
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Background Checks for Housing: Landlords also perform background checks, and their policies vary widely. Some may have stricter standards for felony convictions than others.
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Background Checks for Licensing: Obtaining professional licenses (e.g., lawyer, doctor, real estate agent) often involves extensive background checks that may consider past felony convictions for many years, if not permanently.
How Long Does a Felony Stay on Your Record for Legal Purposes?
Even after a period of time, a felony conviction can still have legal ramifications. For instance:
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Voting Rights: Felony convictions can impact voting rights, with some states imposing restrictions even after the completion of a sentence. The specifics vary considerably state-by-state.
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Gun Ownership: Federal law generally prohibits felons from owning firearms, even after completing their sentences.
Can a Felony Be Expunged or Sealed?
In some jurisdictions, it's possible to petition the court to expunge or seal a felony record after a certain period. This means the record is officially removed from public view, though it may still be accessible to law enforcement and certain other authorized parties. The eligibility criteria for expungement or sealing vary widely depending on the state, the specific felony, and the individual's circumstances. It's important to consult with a legal professional to determine eligibility.
What is the Difference Between Expungement and Sealing?
While both expungement and sealing remove a felony from public view, there's a key difference:
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Expungement: Effectively erases the record, making it as if the conviction never occurred (with some exceptions, like for law enforcement).
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Sealing: Keeps the record confidential, but it still technically exists in the court's archives.
Does a Pardon Erase a Felony?
A pardon from a governor or the president can offer a form of legal forgiveness, but its impact on a felony record varies. While a pardon might restore certain civil rights, it doesn't necessarily remove the record entirely from databases.
How Can I Find Out More About My Specific Case?
To obtain precise details about how long your specific felony will remain on your record and your options for expungement or sealing, you must consult with a legal professional familiar with your state's laws. They can provide tailored guidance based on the specifics of your case and relevant state regulations.
This information is for educational purposes only and is not legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.
