14 Jul 25
If you are under arrest or investigation as a suspect in a felony case, it is natural to worry about the offense’s impact on your life. Before even the prosecution process begins, you could wonder how long a conviction for a felony will remain on your criminal record.
Generally speaking, a conviction for any felony offense will stay on your criminal record indefinitely, affecting several aspects of your life, including your voting rights, employment prospects, and firearm rights. However, it is not the end of the road for you because even after a conviction, you could qualify for post-conviction relief options, like expungement.
Since a felony conviction can significantly alter your life, understanding your legal rights and options when the prosecutor secures a conviction against you is critical.
What a Felony Means
A felony is any grave criminal offense that carries more than a year of jail time after conviction at trial. Unlike misdemeanor offenses, a conviction for a felony could attract life-altering repercussions even after serving your jail time. Below are examples of common felonies you ought to know:
- Robbery
- Lewd or lascivious acts with a minor under 14
- Sale of a controlled substance
- Murder
A conviction for any of these felony offenses will affect your freedom and your future after serving your sentence.
Straight Felonies Versus Wobblers
While felonies are generally serious offenses, not every felony is the same. The lawmakers designate certain offenses as straight felonies and others as wobblers, and this distinction will affect how the prosecutor handles your case and the possible penalties you could receive after conviction. Here is what you need to know about straight felonies and wobbler offenses, respectively:
Straight Felonies
A straight felony is any crime that is charged and punishable as a felony. Also, when charged with a straight felony, you will be ineligible to have the charge reduced to a misdemeanor. Common examples of straight felonies include the following:
- Selling controlled drug substances
- Rape
- murder
Wobbler
A wobbler is any offense that the prosecutor can file as a misdemeanor or a felony. When making this decision, the prosecutor will consider the following:
- Your criminal record
- Aggravating factors in your case
- Your unique case’s facts
Working with a skilled attorney could make a significant difference in your case if you are under arrest or charged with a wobbler offense. A seasoned defense attorney can convince the prosecutor to reduce your felony to a misdemeanor, which carries lighter penalties after conviction.
Factors That Will Affect How Long a Felony Will Remain on Your Criminal Record
Generally speaking, a conviction for a felony offense will remain on your criminal history forever unless you or your attorney takes the necessary steps to have the record removed by the court. That means when you fail to take action about it, a felony conviction can affect your future for several years. The following factors will influence the duration a felony conviction will stay on your criminal background and its impacts on your life:
- Your type of felony offense — Some felony offenses are ineligible for expungement, meaning they will stay on your criminal record forever
- Completion of your sentence — Securing an expungement could be challenging if you have not completed your probation or secured an early termination of the probation
- Subsequent crimes — Remaining crime-free following your felony conviction is vital and can increase your odds of securing an expungement
- Whether you have taken any legal action on the issue — Seeking an expungement and record-sealing could remove your felony conviction from the public view
It is worth noting that even though you have a felony conviction on your criminal history, not every background check will show the offense because some checks only check your record within the past seven to ten years. Also, while an expungement can erase your felony conviction from the public view, law enforcement officers and the court can access the record when charged with another offense.
However, when you fail to take action to remove your conviction from your record, the following people can see it, affecting your opportunities and prospects.
- Landlords
- Potential employers
- Professional licensing agencies
- Educational institutions
What Expungement of a Felony Conviction Means
Securing an expungement is one of the most effective ways of removing a felony conviction from your criminal record. An expungement is a legal process that allows you to have your criminal records updated by the court and reflect dismissal of the felony offense.
While an expungement will not completely remove a conviction from your record, it will lessen and mitigate the several impacts associated with a criminal history. Unfortunately, not every person qualifies for an expungement under PC 1203.4. Some of the factors that will affect your eligibility for post-conviction relief under PC 1203.4 include the following:
- Whether you were incarcerated in the state prison
- Whether you have pending charges or are serving your sentence for a different offense
- Whether you breached any condition of your probation
- Whether you have completed all the legal penalties of your conviction, including probation (if you are still on probation, you can request early termination)
If you meet the above eligibility criteria, your attorney can help you prepare and file your PC 1203.4 petition with the court. However, it is worth noting that certain felonies could make you ineligible for an expungement under PC 1203.4, including the following:
- Acts of terrorism
- Murder
- Assault with a deadly weapon causing severe injury
- Specific sex offenses when children are involved
- Statutory rape
- Violent crimes
- Involuntary and voluntary manslaughter
If you are looking for a fresh start after serving your sentence, you should consult a seasoned attorney to help determine whether you qualify for post-conviction relief under PC 1203.4.
Benefits of Seeking an Expungement of Your Felony Conviction Record
As mentioned in the previous paragraph, a felony conviction has several other detrimental consequences beyond incarceration and hefty fines. That is why seeking an expungement is vital after serving your sentence and paying all your dues. Understanding the benefits of securing an expungement can assist you in deciding whether it is an option worth considering after serving your sentence.
To that end, below are some of the advantages of seeking an expungement of your felony conviction record:
Increased Employment Opportunities
One of the main benefits of securing an expungement is increased employment opportunities because you do not reveal your criminal record during job applications or interviews. You are only obligated to disclose your criminal record when applying to become a police officer, running for a public office, or seeking a job at the Lottery Commission.
Increased Housing Opportunities
Securing an expungement can make securing approval on your rental applications easier because your prospective landlord will not know you have a felony conviction on your record. Additionally, securing a house or apartment to live in your desired areas will become easier if your felony conviction record is not visible to prospective landlords or homeowners.
Better Education Prospects
Securing an expungement increases your eligibility for admission to universities and colleges. Also, you are more likely to qualify for grants and scholarships if your past felony conviction record is expunged.
Increased Chances of Securing Professional Licenses
Professional licensing agencies will consider your criminal record before granting a practice license. That is particularly true if you are a qualified and trained healthcare provider, attorney, dentist, or teacher. Therefore, to stand a chance of securing a professional license to chase your career goals, you should consider securing an expungement of your felony conviction record.
You Will Have Certain Legal Benefits
While an expungement will not restore your gun rights, securing an expungement can help restore other legal benefits, including your ability to serve as a witness in a criminal case. The court will not question the credibility of your testimony based on your expunged felony record. Securing an expungement will also increase your odds of securing a desirable outcome in any future legal matter.
You Will Have a Fresh Start in Your Life
Finally, securing an expungement gives you peace of mind because you do not have to disclose that you have a felony conviction record in most cases. Moving on with your life after securing an expungement will be easier because you will not experience the stigma associated with felony convictions.
Knowing that a conviction record cannot affect your future opportunities also increases your self-confidence and esteem.
Step-by-Step Guide on How to Petition the Court to Expunge Your Felony Record
Now that you understand the advantages of securing an expungement and the eligibility requirements, your next step should be to begin the process. Here is a step-by-step guide on how to petition the court to expunge your felony conviction record:
- Hire an Attorney
You are more likely to secure a favorable outcome on your expungement petition if you have legal representation by a seasoned attorney. A seasoned attorney who understands how post-conviction matters work can help you prepare your PC 1203.4 petition and attach all the evidence needed to secure a favorable outcome.
- Obtain and Fill Out all the Required Forms
When your attorney finds that you qualify for expungement under PC 1203.4, the next step is to obtain all forms necessary for the petition. If you have already completed your probation, you should file Form CR-180 (Petition to Dismiss). However, if you have not yet completed your felony probation, you must file a motion to terminate your probation.
If your offense is a wobbler, your attorney will help you file a motion to reduce it to a misdemeanor for expungement. However, if your felony offense is not a felony, you can still have it reduced to a misdemeanor by filing a 17b motion. Once the court reduces your felony to a misdemeanor, your attorney will file a petition to reduce the misdemeanor.
Your attorney can obtain all the forms necessary when seeking an expungement at the local courthouse. He/she will know which forms are necessary and how to fill them out correctly to increase your chances of securing a favorable outcome in your expungement petition.
- File Expungement Petition
Once your attorney fills out all the necessary forms and attaches the necessary supporting evidence, he/she will file your PC 1203.4 petition with the superior (trial) court that handled your criminal case. However, you should be ready to pay the necessary filing fee.
How much you will pay to file your expungement petition will depend on whether your case is a felony or the court reduced it to a misdemeanor. However, sometimes the court can waive these fees if your attorney can prove you are indigent. After filing your expungement petition, the court will schedule an expungement hearing in four to five months.
- The Expungement Hearing
Generally speaking, you do not have to attend your expungement hearing if you have an attorney. Your attorney will prepare for the hearing by compiling all the evidence that can help prove to the court you are an excellent candidate for expungement.
Unlike a trial where a judge or a jury makes the decision on a case, at the expungement hearing, you should expect a judge ready to decide whether you qualify for this post-conviction relief. The hearing will last around ten minutes. Some of the factors that will come into play when determining whether you are an excellent candidate to secure an expungement of your record include the following:
- Your criminal history
- The nature and facts of your conviction
- Whether you performed community service
- Whether you have active employment
- Whether you breached any requirements, and the terms of your probation
- Your community ties
When the court accepts your petition, you will receive a formal signed order from the judge showing a dismissal of your conviction. However, when the judge denies your petition, your attorney can inquire about the reason and what is necessary to have your PC 1203.4 petition accepted. Then, after six months, your attorney can help you refile the expungement petition with all the necessary adjustments.
Limits of an Expungement Under PC 1203.4
Securing an expungement of your felony record has numerous benefits, but this post-conviction relief option has its limits. Common limitations of an expungement you ought to know about include the following:
- It does not reinstate your firearm rights
- You will have to continue with your sex-offender registration duties if your conviction involved a sex-related violation
- It will not reinstate your driving privileges if the Department of Motor Vehicles (DMV) has suspended or revoked your license
- The court can consider your expunged felony conviction when charged with a crime that qualifies as a “strike” under the Three Strikes Law
It is also worth noting that a successful expungement petition will not remove your arrest record. You will only qualify to have your arrest record sealed and destroyed under PC 851.87 if any of the following is true:
- After an arrest, the prosecutor did not file charges against you
- The court dismissed your case
- A jury acquitted you
- You are a victim of wrongful arrest
- You appealed a conviction, and the court overturned it
If the court records sealing petition is granted, the following arrest records will cease to show on most background checks:
- Your fingerprints
- Police reports
- Booking photos (mugshots)
- Rap sheet entries
Other Alternatives You Can Consider if You Are Ineligible to Expunge Your Felony Record
Unfortunately, if you are not an excellent candidate for expungement under PC 1203.4, all hope is not lost. With the legal assistance of your attorney, you can seek the following alternatives:
A Certificate of Rehabilitation (COR)
A COR is a court-issued document that declares that you are now a rehabilitated individual after your conviction. In other words, it shows that you are no longer a threat to public safety and are a law-abiding citizen. Unlike an expungement, a COR will not dismiss your conviction from your record.
However, potential employers or any person who performs a background check on you will know you are now a rehabilitated individual.
A Governor’s Pardon
Securing a COR acts as an automatic application of the gubernatorial pardon. A gubernatorial pardon will restore specific legal rights you lost due to a felony conviction, including the right to:
- Own a firearm as long as the underlying offense does not involve the use of a lethal weapon
- Right to vote
- Serve on a jury
Generally speaking, a gubernatorial pardon is particularly helpful if you served a sentence in the state prison and are ineligible for an expungement.
Find a Credible Criminal Defense Attorney Near Me
Understanding how a felony conviction will stay on your criminal record and how an expungement can help is vital if you want to move on with your life. Although a felony conviction can attract devastating and life-altering impacts on your life, an expungement could help give you a fresh start and improve the quality of your life after serving your sentence.
Our attorneys at Leah Legal are here for you if you have more concerns about how long a felony will remain on your record. We invite you to call us at 818-484-1100, and we will guide you through the expungement process and offer you legal representation to secure a favorable outcome, wherever you are in Van Nuys.
