Does a Felony Go Away After 7 Years in California?
A common misconception is that felonies automatically disappear from your record after seven years in California. However, the truth is more complicated. While certain convictions may become eligible for expungement or sealing after a specific period, the process is not automatic and depends on various factors.
Understanding the Different Types of Records
It's important to differentiate between two types of records: criminal history and rap sheet. A criminal history is a comprehensive record maintained by the state that includes all arrests, charges, and convictions. A rap sheet, on the other hand, is a condensed version of your criminal history that may be used for specific purposes like employment or licensing.
Expungement vs. Sealing
The terms "expungement" and "sealing" are often used interchangeably, but they have slightly different meanings. Expungement involves the complete removal of a conviction from your criminal history. Sealing, on the other hand, hides the conviction from public view but does not erase it from your records.
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Factors Affecting Eligibility for Expungement or Sealing
Several factors determine whether you are eligible to expunge or seal a felony conviction in California:
- Type of Felony: Not all felonies are eligible for expungement or sealing. Certain offenses, such as violent crimes or sex offenses, may have stricter eligibility requirements or may never be eligible.
- Time Elapsed: Even if your felony is eligible, you must generally wait a specific period before applying for expungement or sealing. This waiting period can vary depending on the offense and whether you have completed any required sentences or parole.
- Prior Convictions: If you have a history of prior convictions, it may affect your eligibility for expungement or sealing. Multiple convictions can make it more difficult to obtain relief.
- Completion of Terms: You must have completed all sentences, including any probation or parole, associated with the felony conviction.
- Payment of Fines and Restitution: Any outstanding fines or restitution must be paid in full before you can apply for expungement or sealing.
The Expungement Process
If you meet the eligibility requirements, the expungement process involves filing a petition with the court that handled your original conviction. You will need to provide evidence that you have met all the necessary conditions. The court will then review your petition and may hold a hearing to determine whether to grant expungement.
Sealing a Conviction
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Sealing a conviction is generally a simpler process than expungement. You may be able to seal your record by submitting a request to the California Department of Justice. However, sealing does not completely erase your conviction from your records.
Important Considerations
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Even after a conviction is expunged or sealed, it may still have some lingering effects. For example, certain employers or licensing boards may still be able to access your criminal history through specialized databases. Additionally, expungement or sealing does not guarantee that you will not be subject to background checks in the future.
Related FAQs
How to Check if a Felony is Expunged or Sealed?
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You can check the status of your criminal record by requesting a copy from the California Department of Justice. The report will indicate whether any convictions have been expunged or sealed.
How to Find a Lawyer for Expungement or Sealing?
You can find an attorney who specializes in expungement or sealing by searching online directories or contacting your local bar association.
How Long Does the Expungement or Sealing Process Take?
The expungement or sealing process can take several months to complete. The exact timeline will depend on various factors, such as the complexity of your case and the workload of the court.
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What Are the Benefits of Expungement or Sealing?
Expungement or sealing can have several benefits, including:
- Improved employment opportunities
- Easier access to housing
- Restoration of certain rights, such as the right to vote or serve on a jury
How to Appeal a Denied Expungement or Sealing?
If your petition for expungement or sealing is denied, you may be able to appeal the decision to a higher court. You will need to file a notice of appeal within a specific timeframe.
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