Being convicted of a felony is a long process that requires arraignments, pre-trial conferences, motion hearings, and a trial. Felonies aren't doled out lightly. When someone is convicted of a felony, the crime is deemed serious enough and the trial thorough enough that all felonies stay on your record permanently.
This means landlords, employers, banks, and law enforcement can see any felony you've ever been convicted of. How employers use felony background information varies by state.
In those 13 states, employers can use background checks, but can't ask about convictions until later in the hiring process. If you are charged with a felony in the state of Florida, but not convicted, the charge will permanently remain on your record unless you successfully apply to remove, expunge, or seal the record, if possible.
However, this rule does not apply to those who have been convicted of a felony crime. Felony convictions remain on your record for the rest of your life and cannot be removed through the expungement process. The only way to have a felony conviction removed from your record is through a pardon from the president or governor. Expungement refers to the legal process of permanently wiping your record clean of criminal charges. When your criminal record is expunged, neither state nor federal courts can access previous charges brought against you.
Similarly, those searching for your criminal background will not be able to find any evidence of the charges on your public record. If you have been arrested on a felony and the charges have been dropped, dismissed, or not filed, you may be eligible to have the charges expunged from your record.
Likewise, if you have been found not guilty on felony charges or have pled guilty to certain crimes without actually being convicted in a court, you may also apply for expungement. Expunging a felony charge is a two-step process that can take 15 to 18 months to complete.
This certificate alone will not impact your record but is necessary to move forward with the expungement process. Common conditions of probation include:. Let's say Melissa shoplifts a bracelet from a jewelry store. The penalty for theft generally depends on the value of the stolen item s and varies from state to state. However, because Melissa has no prior offenses on her record, the judge decides to sentence her to probation rather than incarcerating her.
But the threat of incarceration remains. Her probation requires her to obey all laws, report to a probation officer, perform 50 hours of community service, pay restitution of the amount stolen to the jewelry store, and stay away from the jewelry store. As long as she fulfills these obligations, she can avoid incarceration. Parole and supervised release differ from probation.
A judge imposes probation as an alternative to prison, whereas parole and supervised release occur near the end of a person's sentence and involve systems of early release. In states that use parole, parole boards not judges decide if a felon should be released on parole, and the board takes into consideration the felon's behavior while incarcerated.
Persons on parole called parolees must remain law-abiding no new crimes and meet certain conditions in order to maintain their freedom. Parole conditions vary but often include staying away from victims, maintaining employment and a residence, and avoiding alcohol and drugs. Supervised release. Other states and the federal system use a system of supervised release instead of parole.
Supervised release differs from parole in that judges set the supervised release period at the time of sentencing. For instance, a judge might sentence a person to 15 years—12 years of incarceration and three years of supervised release. The actual amount of time spent on supervised release can be less if the inmate commits a crime or any disciplinary violations in prison. Like parole, supervised release comes with conditions. Violations of conditions. That doesn't mean that ex-offenders are shut out completely of quality professions.
Many jobs in outreach services value the perspectives of ex-offenders. For example, in the fields of youth violence prevention, inner city youth mentoring, gang outreach and advisory services. However, there are those employers who look to employ ex-convicts and take advantage of their compromised social status by paying lower wages, not paying over-time, not offering health insurance and dismissing their employees without notice.
Be careful! Be informed! Also see How long does a misdemeanor stay on your record. Rights that are in Jeopardy after Serving Time Voting privileges 14 states permanently revoke the right to vote to ex-convicts 25 states restrict the right to hold public office Security clearances for certain professions teaching, working with children, security Cannot obtain a passport or a visa for entry into certain countries Convicts are pulled into police line-ups as a potential suspect Cannot legally obtain firearms Loss of federal financial aid money for college in drug related convictions Parenting rights can be taken away custody, visiting rights Ways of handling a permanent record Jail time for a felony can range from months to a lifetime sentence.
How long does a felony stay on your record? What makes robbery a felony? Is theft a felony?
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