How Long Does a Felon Stay on Public Records?
A felony is the most serious crime of which people in the United States can be convicted. While there are different degrees of felonies, this type of crime stays on a person's criminal record forever unless the ex-convict takes certain steps to get his records expungement or a pardon is granted. Though a felony will never be erased off a record, each state has its own laws regarding how a felon can cleanse his status so employers do not continue to see the black mark on his record.
-
Expungement
-
An expungement is when a judge seals the records of the person seeking to have their felony hidden from public records. If this person commits another crime, the records automatically unseal and can be used in the prosecution of any subsequent crime.
Expungment steps
-
The first step is to hire an attorney who deals with helping ex-criminals expunge felonies. This attorney will help determine if you meet the guidelines for expungement in the state the crime was committed. Some states only allow expungement if a person was convicted of a felony but did not serve any jail time. Other states allow expungement after serving jail time but only if the person has a clean record for five to 10 years after the completion of the prison sentence. The cost to hire an attorney and go through the process can be up to $3,000, which includes research, filing fees, creation of the petition and any court appearances. The process can take up to one year to complete.
Pardon
-
When presidents are leaving office, you often see a wave of pardons handed down to friends of the leaders but this tool is not just for the connected. Any person may request a pardon from the president or from the governor of the state where the crime was committed.
Pardon Steps
-
The first step in attempting to get a pardon is hiring an attorney who specializes in this matter. Unlike an expungment, a pardon can be granted while the person is still serving a jail sentence. The cost to obtain a pardon can be as high as $10,000, as the time that an attorney can work on it is unlimited. A governor receives hundreds of pardon requests per year, and may choose to ignore them all; therefore, attorneys will prepare new pardon requests for clients every year.
Reasons to Request Expungement or Pardon
-
While each convict has his own reason for wanting to expunge or pardon a felony, the most common include: not being hired for certain jobs, cannot travel freely, may not hold certain licenses, unable to restore voting rights, more difficult to rent an apartment, buy a car or rent a house, and cannot own a firearm.
-
