How Long Does a Felony Stay on Your Record in California?
If you are accused of a felony in California, you’ll probably have several concerns regarding how a possible conviction will affect your future. It’s important to have an experienced Oakland felony attorney on your side to help you understand your rights and build a strong defense.
The short answer is that a felony stays on your criminal record for life unless you take legal steps to have it expunged. While nothing is guaranteed, here’s what to know about felony charges in California and your record.
Can You Get a Felony Off Your Record in California?
Yes, it is possible to have a felony expunged in California, but only if you meet specific requirements. Expungement does not erase the conviction entirely, but it can significantly improve your ability to secure employment, housing, and other opportunities.
Some felonies are not eligible for expungement, including serious violent crimes such as murder and arson. If you qualify, working with an experienced California criminal defense attorney can help you navigate the process successfully.
What Crimes Are Considered Felonies in California?
In California, some crimes can be charged as either a felony or misdemeanor charge — these are called “wobblers.” Depending on the details, penalties increase significantly. Typical crimes charged as straight felonies include but are not limited to:
Crimes that have the potential to be charged as a felony include but are not limited to:
How a Felony Conviction Can Affect Your Life
The consequences of a felony conviction could haunt you even after serving a hefty jail sentence. With the intensity of these repercussions, it’s even more vital to reach out to an experienced felony defense attorney in Oakland, CA. Some of the common ways felons’ lives are affected by convictions include:
- Issues with citizenship or immigration
- Trouble with visitation or child custody
- Temporary loss of voting rights
- Suspension or revocation of your driver’s license
- Restrictions placed on your professional license
- Professional license revocation
- Trouble maintaining relationships with friends and family
- Difficulty finding gainful employment
- Trouble obtaining affordable housing
Because of these lasting effects, seeking expungement may be a critical step in moving forward with your life.
Eligibility for Expungement in California
Expungement can provide relief by removing the felony conviction from most public records. Here are the basic eligibility requirements:
- You did not serve time in a California state prison
- At least one year has passed since your conviction
- You have completed probation and all sentence requirements
- You are not facing any new criminal charges
How to Get an Expungement in California
If you qualify, you will need to file a petition with the court. Your attorney will help prepare the necessary paperwork and submit it on your behalf. After filing, you may need to attend a court hearing, where you will present evidence of your rehabilitation and argue why your record should be expunged. The prosecuting attorney will have the opportunity to object, and ultimately, the judge will decide whether to grant the expungement.
If approved, the felony conviction will be removed from most background checks, allowing you to pursue new opportunities with fewer restrictions. Working with an experienced California criminal defense attorney can significantly increase your chances of a successful expungement.
Does Expungement Restore All Rights?
Even if you successfully have your felony expunged, some rights may still be restricted:
- Gun Rights: Expungement does not restore firearm rights lost due to a felony conviction.
- Sex Offender Registration: If your felony required registration as a sex offender, expungement does not remove this requirement.
It’s important to discuss your case with a knowledgeable attorney to understand the full impact of an expungement on your legal rights.
What Felonies Can Be Expunged in California?
Under specific circumstances, certain felony convictions may be eligible for expungement. Some common felony crimes that may be eligible include:
- Child endangerment
- Stalking
- Grand theft
- Carrying a loaded firearm in public
- Spousal battery
- Burglary
- Forgery
- Criminal threats
But, some felony offenses are not eligible, including:
- Arson
- Murder
- Rape
- Terrorism
- Assault with a deadly weapon
- Any crime that carries life in prison
- Capital crimes
Although expungement does not necessarily mean your record will be erased, it will protect you when someone runs a background check. Potential landlords, job prospects, and other parties will not be privy to your felony conviction if you get it expunged. In this way, you may be able to begin to rebuild your life in the aftermath of your felony conviction.
Contact Morris Law for Help Clearing Your Record Today
When you are facing felony charges, or if you were previously convicted and are interested in a possible expungement, reach out to an aggressive California criminal defense lawyer at Morris Law.
Schedule your free and confidential consultation with a defense attorney at Morris Law today. Complete our online form or call (510) 225-9955 to get started.
