Does a Felony Ever Disappear?

Does a Felony Ever Disappear?

Even after everything court and penalty-related is finished, the word “felon” has a reputation of following people around for life — when they’re searching for a job or housing, for example — because felony charges show up on a background check. If you’re wondering how and when a felony disappears, you need to know that it’s not a simple question because In Indiana the likelihood of the felony disappearing depends on the nature of the felony. At Danks & Danks, a major felony attorney can help you understand your options.

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State Laws

In most states, a major felony conviction is permanent and will remain on a person’s criminal record for life. This is because most felonies require time in state prison, and this nullifies the possibility of expungement. However, some states — like Indiana — allow for the expungement or sealing of certain non-violent felony offenses.

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Expungement is the major outlier when it comes to felony convictions. As previously stated, felonies are most of the time permanent and never go away. To have a felony expunged in Indiana is possible, but the wait period depends on the class of felony committed. Typically, a class D felony takes eight years after conviction before it can be expunged in Indiana.

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Exceptions to Expungement

Not all felonies are eligible for expungement or sealing. Violent felonies, sex offenses, and crimes against children are generally not eligible. Also, depending on the state, offenses such as DUIs and drug trafficking may not be eligible for a criminal record expunge.

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Misdemeanor Reduction

In some cases, a felony can be reduced to a misdemeanor. This option isn’t available in all states, and is available only for certain non-violent offenses. It may also mean completing a probationary period successfully. In Indiana, this route is a possibility.

Felony crimes are, by their nature, serious. A felony conviction, in most cases, stays with a person for life. At Danks & Danks, we can help you craft a plan for a major felony defense.

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