How Long Does A Felony Stay on Your Record in California? Does a Felony Go Away?
How Long Does A Felony Stay on Your Record in California? Does a Felony Go Away?
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If you have a felony on your record in California, you might be wondering “Does a felony go away?”. A criminal record can affect your employment opportunities, housing applications, and even your personal life. While felonies are serious offenses, there are legal avenues available in California that may help reduce the impact of a felony on your record with the help of a criminal defense lawyer. Let’s dive into what happens to a felony on your record and how you might be able to make it “go away.”
Key Takeaways
- Felonies Do Not Automatically Go Away: In California, a felony remains on your criminal record for life unless specific legal actions are taken to remove or reduce it. Unlike misdemeanors, felonies are serious offenses that do not disappear over time without intervention.
- Expungement and Reduction Options: Legal avenues, such as expungement under California Penal Code 1203.4, can help remove a felony from your record by dismissing the conviction, although it does not erase the record completely. For certain offenses, known as “wobblers,” a felony can first be reduced to a misdemeanor before seeking expungement, making it easier to improve employment and housing opportunities.
- Additional Remedies – Certificates and Pardons: If expungement is not an option, individuals may seek a Certificate of Rehabilitation or a Governor’s Pardon, which can restore some civil rights and signify rehabilitation. However, these options do not remove the felony from your record but can positively impact your personal and professional life.
Understanding Felony Records in California: Does a Felony Go Away?
A felony is a serious criminal offense that often carries significant consequences, including imprisonment, fines, and probation. Unlike misdemeanors, felonies are considered more severe and can remain on your record for life. In California, a felony does not automatically “go away” after a certain period. It will remain on your criminal record unless you take specific legal steps to remove or reduce it [1].
Options for Reducing or Clearing a Felony in California
Can you get rid of a felony? As we mentioned, yes, but you need to get help and guidance from an expungement lawyer.
1. Expungement of Felony Convictions
Expungement is one of the most common methods people use to remove a felony conviction from their record [2]. Under California Penal Code 1203.4, expungement allows you to withdraw your guilty or no contest plea and have the case dismissed. However, expungement does not completely erase your record. Instead, it updates your record to show that the conviction was dismissed, which can make a significant difference when seeking employment, housing, or professional licenses.
To qualify for expungement, you must:
- Have completed probation, or if probation was not part of your sentence, completed jail time and any other conditions of your sentence.
- Not be currently charged with, serving a sentence for, or on probation for any other criminal offense.
- If the felony is a “wobbler” (an offense that can be charged as either a felony or a misdemeanor), you may first be able to request a reduction to a misdemeanor before seeking expungement.
2. Reduction of Felony to Misdemeanor
Certain felonies, known as “wobblers,” can be reduced to misdemeanors under California Penal Code 17(b). This reduction can significantly improve your circumstances, as misdemeanors are generally considered less severe than felonies. Once your felony is reduced to a misdemeanor, it may also qualify for expungement.
To qualify for a felony reduction, you must:
- Have been convicted of a wobbler offense.
- Have completed all probationary terms.
- Petition the court for the reduction.
3. Certificate of Rehabilitation and Governor’s Pardon
For those who do not qualify for expungement, a Certificate of Rehabilitation may be an option. This court order declares that you are rehabilitated and recommends that the governor grant you a pardon. While it does not erase the felony from your record, it can restore certain rights, such as the right to own a firearm and the ability to serve on a jury.
A governor’s pardon is the highest form of relief available for a felony conviction in California. It is granted by the Governor of California and can restore many of your civil rights, including the right to vote and own firearms.
4. Sealing of Arrest Records
If you were arrested but not convicted, or your charges were dismissed, California law allows for the sealing of your arrest record under Penal Code 851.91. Sealing an arrest record makes it as though the arrest never occurred, and it does not show up in most background checks.
So, can a felony be removed from your record? Yes, in certain cases, it can.
Factors That May Affect Eligibility
While these options are available, it’s important to remember that not everyone will qualify. Factors that may affect your eligibility include:
- The nature and severity of your felony.
- Your criminal history and any subsequent offenses.
- Compliance with probation or parole requirements.
- Whether the felony is a wobbler offense or not.
Why Clearing Your Record Matters
Clearing or reducing a felony from your record can significantly improve your life. It opens doors to employment opportunities, professional licenses, housing, and educational programs that might otherwise be closed to you. It also helps you regain a sense of normalcy and self-worth.
Steps to Take
If you’re interested in exploring these options, here’s what you can do:
- Consult an Attorney: A qualified criminal defense attorney can help you determine your eligibility and guide you through the legal process.
- Gather Your Documents: Obtain copies of your court records, probation reports, and any other relevant documents that will be needed for filing your petition.
- File the Petition: Your attorney will help you file the necessary paperwork with the court.
- Attend the Hearing: If required, attend the court hearing where a judge will review your case and decide whether to grant your request.
Summary
In California, a felony does not simply go away on its own. However, there are legal remedies such as expungement, felony reduction, and pardons that can help mitigate the impact of a felony on your life. By understanding your options and taking proactive steps, you can work towards a brighter future, free from the shadow of a felony conviction.
If you’re unsure about your eligibility or the process, consulting with a legal professional at Kannan Law can provide the clarity and guidance you need to make informed decisions. Contact us today for a free consultation!
Frequently Asked Questions
Are felonies permanent?
Felonies are not necessarily permanent, but their impact can last a lifetime unless specific actions are taken to reduce or remove them from your record.
Does a felony go away?
A felony does not automatically go away on its own; it remains on your criminal record indefinitely unless you take specific legal steps to remove or reduce its impact.