Do Felonies Go Away After 7 Years? Understanding Expungement and the Passage of Time
The simple answer is: no, felonies don't automatically "go away" after 7 years. While the impact of a felony conviction may lessen over time, it remains a part of your permanent record unless legally removed through a process like expungement or sealing. The timeframe for such legal actions varies significantly depending on the state, the specific crime, and your individual circumstances.
This misconception stems from a misunderstanding of several legal concepts related to criminal records:
What Happens to a Felony Conviction Over Time?
- Record Retention: Felony convictions are typically retained indefinitely in state and sometimes federal databases. Law enforcement, potential employers conducting background checks, and other entities may access this information.
- Impact on Background Checks: Even years after the conviction, a felony will show up on background checks, potentially impacting your ability to secure employment, housing, professional licenses, or even firearms ownership.
- Legal Consequences: Certain rights, like voting rights, may be restricted or suspended following a felony conviction, and these restrictions may not automatically lift after a specific period.
What is Expungement and Sealing?
These are legal processes that can remove or seal a felony record from public view. They don't erase the conviction entirely, but they make it less accessible to the public and many employers. However, it's crucial to understand that:
- Eligibility Varies Widely: State laws dictate eligibility criteria for expungement and sealing. Factors considered include the type of felony, the length of time since the conviction, and whether you've fulfilled all conditions of your sentence (probation, parole, etc.).
- The Process is Complex: Obtaining expungement or sealing requires navigating the legal system, often involving legal representation and court filings. It's not a simple, automatic process.
- Not All Felonies Are Eligible: Some felonies, particularly violent crimes or those involving significant harm, may not be eligible for expungement or sealing, even after many years.
How Long Does it Take to Get a Felony Expunged?
The timeframe for expungement or sealing varies greatly depending on state laws and individual cases. It can range from a few months to several years, and it often involves waiting a specific period after completing your sentence and any probation or parole.
Are There Any Exceptions to the 7-Year Rule?
There is no universal "7-year rule" for felonies disappearing. Some states may have specific laws regarding the removal of certain criminal records after a set period, but these laws are not uniform across all states and do not apply to all felony convictions.
What Should I Do If I Have a Felony Conviction?
If you have a felony conviction and want to explore options for expungement or sealing, you should consult with a qualified attorney specializing in criminal law in your state. They can advise you on your specific eligibility and guide you through the process.
In Conclusion
The belief that felonies disappear after 7 years is incorrect. While the impact of a felony conviction can lessen over time, the record itself generally remains. Understanding the nuances of expungement and sealing, as well as the specific laws in your jurisdiction, is vital if you're aiming to reduce the long-term consequences of a felony conviction. Seeking professional legal advice is crucial to determine your eligibility and navigate the legal processes involved.
