How Long Does a Felony Stay on Your Record?
By Jonathan Blecher on August 30, 2024
A felony is a serious crime that carries significant legal consequences and social stigma. In Florida, felonies are classified into several categories, ranging from third-degree felonies, which are the least severe, to capital felonies, which can result in the death penalty. Convictions can lead to long prison sentences, hefty fines, and long-term impacts on employment, housing, and civil rights.
How Long Does a Felony Stay on Your Criminal Record in Florida?
In Florida, a felony conviction generally stays on your criminal record for life. Unlike misdemeanors, which might be more easily expunged or sealed, felonies leave a permanent mark. This lifelong impact is due to the state’s strict regulations regarding the expungement and sealing of criminal records. However, there are exceptional circumstances and legal processes that could alter the length of a felony on record.
Factors that Influence Felony Record Duration
In exceptional situations, the time a felony remains on record may be influenced by:
Nature of the Felony
- The Severity of the Offense: The gravity of the felony (e.g., violent crimes versus non-violent crimes) can influence opportunities for record expungement or sealing. A conviction will prevent any record sealing or expungement.
- Repeat Offenses: Repeat offenders typically face more stringent restrictions than first-time offenders.
- Juvenile vs. Adult Convictions: Juvenile felonies might be handled differently, with more opportunities for record sealing.
State Laws and Variances
- Florida Statutes: State laws, particularly Chapter 943 of the Florida Statutes, govern the eligibility and process for record expungement and sealing.
- Case Law: Judicial interpretations and precedents can also influence how long a felony stays on record.
Mitigating Circumstances
- Plea Bargains and Reduced Charges: In some cases, negotiating plea bargains to reduce felony charges to misdemeanors can alter the permanence of a criminal record.
- Post-Conviction Relief: Successful appeals or post-conviction relief can potentially remove or reduce felony records.
Legal Options for Reducing the Impact of a Felony Record in Florida
Expungement and Sealing of Records
If you were arrested for a felony in Florida and were found not guilty, the charges were dropped, or the state decided not to prosecute, you might be able to have your case sealed and expunged through a proper felony expungement process.
Pardons and Their Effects
- Governor’s Pardon: A pardon from the Governor of Florida can restore civil rights and, in some cases, lead to expungement or sealing of records.
- Federal Pardons: For federal felonies, a presidential pardon is required.
Consequences of Having a Felony on Your Record in Florida
Employment Barriers
A felony crime on your record can significantly hinder job opportunities. Many employers conduct criminal background checks and may hesitate to hire someone with a criminal history. Certain professions, such as teaching, law enforcement, and healthcare, have strict regulations that disqualify felons from employment.
Loss of Civil Rights
In Florida, felons lose several civil rights, including the right to vote, serve on a jury, and hold public office. Restoring these rights can be a complex and lengthy process, often requiring a pardon or clemency from the state.
Housing Challenges
Securing housing can be difficult with a felony record. Many landlords perform background checks and may deny rental applications from individuals with criminal histories. Public housing options are also limited for felons.
Professional Licenses
Obtaining professional licenses becomes challenging for individuals with a felony record. Many licensing boards have stringent requirements that can disqualify applicants based on their criminal history.
Financial Aid and Education
Felony convictions for those facing state or federal felony charges can affect eligibility for federal student loans, grants, and other financial aid. This can make pursuing higher education and career advancement more difficult.
Firearm Restrictions
Federal and state laws prohibit felons from possessing firearms. Violating these restrictions can lead to additional criminal charges and severe penalties.
Social Stigma
A felony record carries a social stigma that can impact personal relationships, social interactions, and overall quality of life. The social consequences of a felony conviction can be isolating and challenging to overcome.
Immigration Consequences
For non-citizens, a felony conviction or a felony staying on criminal record indefinitely can lead to deportation or removal proceedings. It can also hinder the ability to obtain visas, green cards, or citizenship.
How Miami Criminal Defense Attorney Jonathan Blecher Can Help You
Experienced criminal defense lawyer and expungement lawyer in Miami, Jonathan Blecher, brings over 40 years of legacy to the table, offering you a fighting chance to clear your name and get your felony expunged.
Thorough Investigation
Attorney Blecher conducts a thorough investigation into the circumstances surrounding your arrest. He scrutinizes all evidence, witnesses, and reports of law enforcement agencies to identify inconsistencies or procedural errors that could weaken the prosecution’s case.
Challenging Evidence
One of the key ways Attorney Blecher may get your charges dropped is by challenging the evidence. This includes questioning the legality of searches and seizures, the credibility of witnesses, and the reliability of forensic evidence. By casting doubt on the prosecution’s evidence, he can get critical pieces of the case dismissed.
Negotiation Skills
Jonathan Blecher is known for his negotiation skills. He can engage in plea bargaining with the prosecution to reduce the charges or penalties. His ability to negotiate effectively can lead to a more favorable outcome, including the possibility of having felony charges downgraded to misdemeanors or dismissed altogether.
Pre-Trial Motions
Attorney Blecher files pre-trial motions to suppress evidence that was obtained unlawfully or dismiss charges due to insufficient evidence. These motions can significantly weaken the prosecution’s case and increase the likelihood of having your charges dropped.
Strong Courtroom Advocacy
If your case goes to trial, Jonathan Blecher’s knowledge of the criminal justice system, courtroom experience and advocacy skills come into play. He presents a compelling defense, cross-examines witnesses, and argues persuasively on your behalf. His goal is to create reasonable doubt in the minds of the jurors, leading to an acquittal.
Past Prosecutorial Experience
Jonathan Blecher’s experience as a former prosecutor gives him unique insights into the prosecution’s strategies and weaknesses. He knows how the state builds its case and can anticipate their moves, allowing him to stay one step ahead in developing a defense.
Focus on Mitigating Circumstances
Attorney Blecher identifies and presents any mitigating circumstances that could influence the outcome of your case. This could include factors such as lack of prior conviction, evidence of good character, or other personal circumstances that might warrant leniency from the court.To schedule your free consultation with Jonathan Blecher, P.A., call us at 786-882-0410 or contact us online.
