Expunged Felony – How Can it Make a Difference

A Felony is regarded as a serious offense. The majority of  states unintentionally impose limitations on Felons by making their record accessible to anyone. In terms of the public interest, it is important for employers, schools, and other organizations to know about the criminal history of individuals but, for some people, the judgements rendered can be unfair.  Most of the time, hiding a felony record is not so easy.  Expungement is an opportunity to recover from the hurdles of having a criminal history.

What is a Felony?

In general, Felony is a crime wreaking a larger loss. Felonies are categorized usually into violent and non-violent crimes. Felonies include higher levels of punishments from a bulkier penalty fee to a death sentence. Felons are locked in jail for more than 12 months. Majority of misdemeanors inflict a bearable penalty. But, a felony usually has harsh consequences on a  person’s life.

Common Types of Felonies

  • Murder, Rape and series of physical attacks inflicting irreparable damage
  • Invoking a fire in human settlements or forest lands
  • Theft and house-breaking
  • Betrayal of one’s own country, especially the higher powers of the nation
  • Illegal attainment of another individual’s property or goods
  • False oath
  • Kidnapping, copyright breach and counterfeiting checks
  • Destructing a public property

Grouping of Felonies

The felonies are categorized to make people understand that certain crimes are still eligible for the process of felony expungement.  In most states, felonies are grouped using alphabets and the word Class.

In New York, Class A Felony represents the death sentence, the harshest punishment. Class B Felony is a 25 year imprisonment and Class C Felony is a prison term somewhere above 10 years and below 25 years. Class D will detain the convict for more than 5 years but well less than 10 years. Class E Felony is the least punishment in the classification of felonies which just lasts more than a year and never detains the convict for more than 5 years.

Most of the times, if punishments do not go beyond a term of 12 months, those are misdemeanors. Simply put, misdemeanors can be easily expunged. Almost every convict would know procedures on expunging a criminal record. But, when it comes to Felony, there are intricacies.

Need of an Expungement procedure

The expungement of felony conviction is not simple because a Felony will lead to the loss of convict’s voting rights. It is called as Felony Disenfranchisement.  By losing the privilege of voting, the convict might also be obstructed from buying a property or a house. Also, he becomes extinct in society’s view. Once on release, the convict should think of an option like Expungement. Unless the convict applies for expungement, he might not be able to think of an employment to lead the rest of his life independently.

Possibilities of Expungement in Felony

By transforming a felony’s structure to suit expungement, modern laws have brought rules which allow less severe punishments to be enforced on the convict.  Also, some courts let the replacement of a death sentence to a smaller punishment. Sometimes, the court completely agrees to dispose an offender’s sentence if he completes his probation period without the intervention of another crime.

Expungement- “The course of Action”

  • Expunging a felony will undeniably take more time. Every state has its own rules for expungement. Most of the times, the waiting periods for a felony are 4-5 years after the completion of a probation period. Something to be understood is that, patience is more important while applying for the process.
  • As the first step, the convict must have served the punishment or charge completely without any cropping up of second offense.  If there are any other misdemeanors already on the convict, all the trials must be completed. But it is to be borne in mind, expunging a felony for the second time is not generally possible. It is rare.
  • The court might decide to discharge the case because of perfect restoration of conduct well before the actual date of release. In such instances, it is possible for a felon to have his record expunged.
  • A term of probation should be fulfilled before submitting the plea for expungement. The trial could include a fee, some additional charges and restriction from performing certain activities.
  • A felon is expected to display perfect manners with no offense on the line. After that, the felon needs to file a petition for expungement. Most of the times, the petition involves a written details about all the crimes performed so far and the successful end of the trial and watch periods. The forms for expunging a felony can be gotten from the courthouse or the Department of Justice. A lawyer can also assist in the process by providing forms and helping the convict in filling it up correctly.
  • After that, the dates are to be gotten from the respective court. During the hearing, the felon must elucidate his need to expunge the criminal record. On behalf of the convict, if hired, a lawyer could also explain things. That would be more effective.
  • Once the Jury finds the reasons definite and credible, he will order for expungement. If the record is ordered to be expunged, then the record would be concealed from sources of public view. Even if the expunged felony background check performed, the background of the convict will not appear in the search.

There are a lot of points to be understood. An expunged felony has the criminal record concealed from public search and with that it is possible for the convict to take this lucky chance positively and step into a new life.

About Angela

Hello, Cyber world! I currently work as the Web Content Editor for the Expunge Center page and through my whole life writing and blogging has been in my Top priorities.

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