Whether a crime is classified as a felony or misdemeanor is a function of state law. While more serious crimes that may result in incarceration often are felonies, and misdemeanor crimes are typically less serious crimes, the classification of a felony or misdemeanor will vary widely from one state to next. Although any criminal charge and/or conviction may have negative effects on a person’s life, in terms of employment, housing, and other types of opportunities, a felony charge has much greater impact than a misdemeanor. For instance, persons convicted of certain felony drug offenses may not be eligible for government assistance such as low-income housing, student loans, and welfare benefits. A felony conviction may keep a person from being hired at certain companies or in some occupations altogether. Therefore, the ability of a person to obtain an expungement of his or her felony conviction can be crucial.
Felony Crimes
Some typical examples of felony crimes include burglary, robbery, sex offenses, murder, and manslaughter. Furthermore, other types of crimes that usually are classified as misdemeanors may also be charged as felonies based on a person’s past criminal record or severity, such as a repeat offenses for driving while intoxicated (DWI).
States Laws for Felony Criminal Record Expungement
All states have different procedures and requirements for obtaining expungement of criminal offenses, and, as a result, your ability to expunge your offense will vary widely from one state to another. Generally, most states do not permit the expungement of arrests or convictions of serious, violent felonies, or some enumerated types of offenses. Some states do not permit expungement of felonies at all, and may even limit expungement eligibility to first-time misdemeanor offenses. If a state does permit the expungement of felony offenses, then it might only permit the expungement of non-violent felonies, or other specified felony crimes. Finally, there may be strict time periods that must elapse since the arrest or conviction before becoming eligible for expungement.
Expungements, Records, and Background Checks
During the expungement process, you file a motion or petition with the appropriate court in order to ask for your arrest and/or conviction to be expunged. The judge considering the expungement must ensure that the arrest or conviction in question meets the qualifications for expungement under state law. While each state’s expungement process is different, a successful expungement usually results in the arrest or conviction being legally erased by a court order. Thus, if a company or employer conducts a criminal background search, the expunged record will not appear. However, you may still be required to disclose an expunged record in certain circumstances, and law enforcement generally can still access the record, even if expunged.
How an Attorney Can Help
Expungement can be a complex process that requires the assistance of a skilled attorney with experience in expungements. Therefore, it is advisable that you contact an attorney in order to obtain a successful expungement of your criminal offense.
