We understand how fearful one may feel about a felony charge being on their record. The effects of it can indeed be damaging. Therefore, we ask the same question time and again. How long does a felony stay on your record? Can you get community service for a felony?
Well, here we are to answer your question. In this article, we will discuss all about felony charges. Additionally, we will discuss a few relevant topics like the following.
- How long does a felony stay on your record for a background check?
- Can you get your felony record expunged?
- Are all types of violent crimes felonies?
So, let’s begin.
What Is A Felony?
How long does a felony stay on your record? Before we get to this pressing issue, let’s get a simple head start. So, what does felony mean? Are all types of violent crimes felonies?
A felony is a very serious criminal offense. It is so severe in nature that the penalty may even be death. There are different types of felonies. Only the most severe kinds can get the death penalty or lifelong prison sentences.
Ideally, a felony is any crime that gets you more than one year in prison. As opposed to a felony, a misdemeanor is what can have you end up in the county jail
The Constitution refers to felonies as “high crimes.” Moreover, these high crimes often lead to the convicted felon facing imprisonment in state or federal facilities. Thus, a felony charge typically gets you a prison sentence of a year, minimum.
What Kind Of Crimes Are Felonies?
A felony can include various types of crimes. However, it is usually violent kind. For example, it may be a drug-related or white-collar crime. Sometimes, if you are facing felony charges, it is best to hire an experienced criminal defense lawyer. For example, be it a burglary vs robbery, robbery lawyers are the kind of defense lawyers that can take care of it all for you.
Can You Get Your Criminal Record Expunged?
How long does a felony stay on your record? Does a restraining order go on your record? These are some of the most frequent questions we get.
Well, the answer to the felony question really varies depending on which state you live in. Unlike a temporary restraining order, a felony does go on your permanent criminal record.
In a felony, you serve several years behind bars. Additionally, your new life can face repercussions of the punishment. With the changes going on record, getting back on your feet, career-wise is usually a struggle. Not many employers want to hire a person with a criminal record.
How Long Does A Felony Stay On Your Record For A Background Check?
Yes, felony arrests may show up when someone conducts a background check on you. But only for 7 years will the felony charges show on your background checks. This is according to the provisions of the Fair Credit Reporting Act.
However, felony convictions will, unfortunately stay on your criminal records indefinitely. Pre-employment background checks only focus on the last seven years. However, remember, employers may try to dig deep if they want to. They can trace them back to 8 years or more.
So, let us find out how long a felony stays on record, state-wise.
How Long Does A Felony Stay On Your Record In Texas?
In Texas, criminal histories remain on record until you delete them. However, to expunge or delete your records, there can be a few limitations. A Texas felony ideally stays on your background check record for seven years.
However, only after three years will be eligible for expungement. There is also quite a long waiting period for it. If you want, you can look into sealing your records. This is possible through a nondisclosure order. But even that comes with a waiting period, possibly, five years.
How Long Does A Felony Stay On Your Record In California?
A felony conviction can affect your future. In California, your felony charge will stay on the record till the very end of time. You will have to take active action to remove or clear it. The process of expungement will require that you get help from a lawyer.
Moreover, you should note that if you get an expungement, it will not seal the record. After the process is over, it will only show that you served the sentence and received dismissal under the Penal Code.
How Long Does A Felony Stay On Your Record In Florida?
In Florida, a felony conviction is a permanent record. However, under specific criteria, you may seal or expunge your record. If you’re considering this, try and get an initial consultation from a criminal defense attorney in Florida.
How to Clear Your Felony Record?
Expungement means to seal or erase a person’s criminal record. It is the process that makes it impossible to access the info during background checks. Since this procedure clears out felony records, the court needs to give permission.
- Additionally, the step to get expungement may differ by state. But this is a general process.
- Check if you meet the eligibility criteria for expungement. Moreover, it can get tricky cause state laws vary.
- Write a petition for expungement. Try taking the help of a standard form.
- Submit the petition to the court. Additionally, you will need to provide copies to all parties concerned.
- Participate in a hearing to present arguments supporting expungement.
- Wait for the court’s decision.
And there you have it!
Now that we have come to the very end of our article let us do a quick recap. A felony charge will likely be on the record for your entire life. Your only option to remove it from your record is through an expungement.
Many felons who are done serving their sentence may question the record system. They may feel like the system of having a permanent record is harmful career-wise.
But Felonies are, after all, the most serious and violent crimes.
Therefore, a crime like murder, arson, robbery or fraud needs to be public information. A felony hearing requires arraignments, motion hearings, and, finally, a trial. Thus, we need to remember that law enforcement does not simply dole out a felony charge.