Navigating the complexities of the legal system can be daunting, especially when dealing with criminal records. One of the most significant concerns for individuals is determining whether they have a felony conviction on their record. A felony, a serious type of crime, can have far-reaching consequences, impacting employment opportunities, housing, voting rights, and more. Understanding your criminal history is crucial for making informed decisions about your future. This comprehensive guide provides detailed steps and instructions on how to find out if you have a felony, empowering you to take control of your record and plan accordingly.
Why It’s Important to Know Your Criminal Record
Before diving into the methods for uncovering your criminal history, it’s essential to understand why this knowledge is so valuable. Here are a few key reasons:
- Employment Opportunities: Many employers conduct background checks as part of the hiring process. Knowing what’s on your record allows you to be upfront with potential employers and address any concerns proactively. It also allows you to prepare explanations and demonstrate rehabilitation.
- Housing Applications: Landlords often screen potential tenants using background checks. A felony conviction can make it difficult to secure housing, especially in competitive markets.
- Voting Rights: Felony convictions can affect your right to vote, depending on the state. Knowing your record helps you understand your voting eligibility and take steps to restore your rights if possible.
- Travel Restrictions: Certain felony convictions can restrict your ability to travel internationally, particularly to countries with strict entry requirements.
- Firearm Ownership: Federal and state laws prohibit individuals with felony convictions from owning or possessing firearms.
- Professional Licensing: Many professions require licensing (e.g., nursing, teaching, law). A felony conviction can impact your ability to obtain or maintain a professional license.
- Personal Planning: Understanding your criminal record allows you to plan for the future, whether it’s seeking expungement or record sealing, applying for jobs, or making other life decisions.
- Correcting Errors: It’s possible for errors to occur in criminal records. If you discover inaccuracies, you can take steps to correct them and ensure your record is accurate.
Understanding Felony vs. Misdemeanor
Before you start searching for a felony conviction, it’s important to understand the difference between a felony and a misdemeanor. Both are types of crimes, but they differ significantly in severity and potential penalties.
Felony
- Definition: A felony is a serious crime that is typically punishable by imprisonment for more than one year, often in a state or federal prison.
- Examples: Murder, armed robbery, aggravated assault, drug trafficking, grand theft, and embezzlement are all examples of felonies.
- Consequences: Felony convictions can have severe consequences, including lengthy prison sentences, significant fines, loss of certain rights (e.g., voting, owning a firearm), and difficulty finding employment and housing.
Misdemeanor
- Definition: A misdemeanor is a less serious crime than a felony. It is typically punishable by a fine, probation, community service, or imprisonment in a local jail for up to one year.
- Examples: Petty theft, simple assault, drunk driving (DUI), and trespassing are common examples of misdemeanors.
- Consequences: Misdemeanor convictions have less severe consequences than felonies, but they can still impact employment, housing, and other aspects of life.
Understanding the distinction between these two types of crimes is crucial when reviewing your criminal record.
Methods for Finding Out if You Have a Felony
Several methods are available to help you determine if you have a felony conviction on your record. Each method has its advantages and disadvantages, so it’s important to choose the approach that best suits your needs. Here are detailed steps for each method:
1. Reviewing Your Own Memory
This might seem obvious, but the first step is to thoroughly review your own memory. Think back to any arrests, court appearances, or legal proceedings you’ve been involved in. Consider the following questions:
- Have you ever been arrested and charged with a crime?
- Did the charges involve potential prison time of more than one year?
- Were you convicted of a crime after a trial or plea bargain?
- Do you recall the specific charges against you?
- Do you have any documentation related to past legal proceedings?
While relying on your memory alone may not be sufficient, it can provide a starting point and help you recall important details that will aid in your search.
2. Contacting the Court Clerk
One of the most direct ways to find out if you have a felony conviction is to contact the court clerk in the jurisdiction where you believe the conviction may have occurred. The court clerk’s office maintains records of all court proceedings, including criminal cases.
Steps to Contact the Court Clerk:
- Identify the Jurisdiction: Determine the specific county or city where you believe the criminal case took place. If you’re unsure, consider any locations where you were arrested or charged with a crime.
- Find the Court Clerk’s Office: Search online for the court clerk’s office in the relevant jurisdiction. You can typically find contact information, including phone number, address, and website. Look for the court that handles criminal cases (e.g., Superior Court, District Court, Criminal Court).
- Contact the Court Clerk: Call or visit the court clerk’s office. Explain that you are seeking information about a past criminal case and would like to know if you have any felony convictions on your record.
- Provide Information: Be prepared to provide the court clerk with as much information as possible, including your full name, date of birth, approximate date of arrest or court appearance, and any other relevant details. The more information you provide, the easier it will be for the clerk to locate your records.
- Request a Record Search: Ask the court clerk to conduct a search of their records to determine if you have any felony convictions. They may charge a fee for this service.
- Obtain Official Documentation: If the court clerk finds a felony conviction on your record, request official documentation of the conviction, such as a certified copy of the court judgment or sentencing order. This documentation will provide you with detailed information about the offense, the date of conviction, and the sentence imposed.
Tips for Contacting the Court Clerk:
- Be Polite and Respectful: Court clerks are often busy, so it’s important to be polite and respectful when interacting with them.
- Be Prepared: Gather as much information as possible before contacting the court clerk. This will help them locate your records more quickly and efficiently.
- Ask Specific Questions: Be clear about what information you are seeking. Ask specifically if you have any felony convictions on your record.
- Take Notes: Keep a record of your conversations with the court clerk, including the date, time, and name of the person you spoke with.
- Follow Up: If you don’t receive a response from the court clerk within a reasonable time, follow up to ensure your request is being processed.
3. Requesting Your Criminal History Record from a Government Agency
Another way to find out if you have a felony conviction is to request your criminal history record from a government agency, such as the state police or a central criminal records repository. Most states maintain databases of criminal records, which can be accessed by individuals seeking to review their own history.
Steps to Request Your Criminal History Record:
- Identify the Relevant Agency: Determine which government agency in your state is responsible for maintaining criminal history records. This is often the state police, the department of justice, or a similar agency.
- Visit the Agency’s Website: Go to the agency’s website and look for information on how to request your criminal history record. Many agencies have online portals or downloadable forms for this purpose.
- Complete the Application: Fill out the application form carefully and accurately. You will typically need to provide your full name, date of birth, Social Security number, and other identifying information.
- Provide Fingerprints: Many agencies require you to submit fingerprints as part of the application process. This helps ensure that the record you receive is actually yours and not someone else’s with a similar name. You may need to visit a local law enforcement agency or authorized fingerprinting service to have your fingerprints taken.
- Pay the Fee: Most agencies charge a fee for processing criminal history record requests. The fee amount varies depending on the state and the type of record requested.
- Submit the Application: Submit the completed application, fingerprints, and payment to the agency. You may be able to submit the application online, by mail, or in person, depending on the agency’s procedures.
- Review Your Record: Once the agency has processed your request, you will receive a copy of your criminal history record. Review the record carefully to determine if you have any felony convictions.
Tips for Requesting Your Criminal History Record:
- Follow Instructions Carefully: Be sure to follow the agency’s instructions exactly when completing the application and submitting your request. Errors or omissions can delay the process.
- Provide Accurate Information: Ensure that all the information you provide is accurate and up-to-date. Incorrect information can lead to delays or the wrong record being provided.
- Keep a Copy of Your Application: Make a copy of your application and any supporting documents for your records.
- Be Patient: Processing criminal history record requests can take time, so be patient and allow the agency sufficient time to respond.
- Understand the Record: Criminal history records can be complex and difficult to understand. If you have questions about your record, consider consulting with an attorney.
4. Using Online Background Check Services
Several online background check services claim to provide access to criminal records. While these services can be convenient, it’s important to use them with caution. The accuracy and completeness of the information provided by these services can vary, and they may not be reliable for legal purposes.
Steps to Use Online Background Check Services:
- Choose a Reputable Service: Research different online background check services and choose one that has a good reputation and positive reviews. Look for services that have been in business for a while and have a clear privacy policy.
- Create an Account: Create an account with the service and provide the necessary information, such as your name and email address.
- Pay the Fee: Most online background check services charge a fee for their services. Be sure to understand the fee structure before you sign up.
- Enter Your Information: Enter your full name, date of birth, and any other information requested by the service.
- Review the Results: Review the results provided by the service. Be aware that the information may not be complete or accurate.
Cautions When Using Online Background Check Services:
- Accuracy: The information provided by online background check services may not be accurate or up-to-date. These services often rely on data from various sources, which may not be verified or reliable.
- Completeness: Online background check services may not have access to all criminal records. Some records may be sealed or expunged and therefore not available to the public.
- Legality: Using online background check services for certain purposes, such as employment screening, may be subject to legal restrictions. Be sure to comply with all applicable laws before using these services.
- Privacy: Be cautious about providing your personal information to online background check services. Ensure that the service has a clear privacy policy and takes steps to protect your data.
- Official Records: Remember that online background check services are not a substitute for official criminal records. If you need to verify your criminal history for legal purposes, you should obtain official records from the court clerk or a government agency.
While online background check services can provide a general overview of your criminal history, they should not be relied upon as the sole source of information. Always verify the information with official records.
5. Consulting with an Attorney
If you’re unsure about your criminal history or need legal advice, consulting with an attorney is always a good idea. An attorney can review your case, conduct a thorough investigation, and provide you with accurate information about your criminal record. They can also help you understand your rights and options, such as expungement or record sealing.
Steps to Consult with an Attorney:
- Find a Qualified Attorney: Look for an attorney who specializes in criminal law and has experience handling cases similar to yours. You can search online, ask for referrals from friends or family, or contact your local bar association for assistance.
- Schedule a Consultation: Schedule a consultation with the attorney to discuss your case. Most attorneys offer free initial consultations.
- Prepare for the Consultation: Gather any documents or information related to your case, such as arrest records, court documents, and any other relevant information.
- Ask Questions: Ask the attorney questions about their experience, their approach to your case, and their fees.
- Discuss Your Options: Discuss your options with the attorney, such as obtaining your criminal record, seeking expungement or record sealing, or appealing a conviction.
- Retain the Attorney: If you’re comfortable with the attorney and their advice, you can retain them to represent you in your case.
Benefits of Consulting with an Attorney:
- Expert Advice: An attorney can provide you with expert legal advice and guidance based on their knowledge and experience.
- Thorough Investigation: An attorney can conduct a thorough investigation of your case, including reviewing your criminal record, interviewing witnesses, and gathering evidence.
- Accurate Information: An attorney can provide you with accurate information about your criminal record and your legal rights.
- Representation: An attorney can represent you in court and advocate on your behalf.
- Peace of Mind: Consulting with an attorney can give you peace of mind knowing that you have a qualified professional on your side.
Understanding and Interpreting Your Criminal Record
Once you’ve obtained your criminal record, it’s important to understand how to interpret it. Criminal records can be complex and contain legal jargon that may be difficult to understand. Here are some key things to look for:
- Arrest Records: These records indicate that you were arrested for a crime. However, an arrest does not necessarily mean that you were convicted.
- Charges: These are the specific crimes that you were charged with.
- Convictions: These records indicate that you were found guilty of a crime, either after a trial or by pleading guilty.
- Disposition: This refers to the outcome of the case, such as a conviction, acquittal, dismissal, or deferred adjudication.
- Sentencing Information: This includes the sentence imposed by the court, such as imprisonment, probation, fines, or community service.
- Felony vs. Misdemeanor: The record should indicate whether the offense was a felony or a misdemeanor.
- Date of Offense: This is the date the crime was committed.
- Date of Conviction: This is the date you were convicted of the crime.
If you have difficulty understanding your criminal record, consider consulting with an attorney for assistance.
What to Do If You Find a Felony Conviction
If you discover a felony conviction on your record, it’s important to take appropriate steps to address the situation. Here are some options to consider:
- Verify the Accuracy: Ensure that the information on your record is accurate. If you find any errors or inaccuracies, contact the court clerk or the relevant government agency to correct them.
- Understand the Consequences: Understand the potential consequences of the felony conviction, such as employment restrictions, housing limitations, and loss of certain rights.
- Seek Expungement or Record Sealing: Depending on the state and the nature of the offense, you may be eligible to have the felony conviction expunged or sealed. Expungement removes the conviction from your record, while sealing makes it inaccessible to the public.
- Restore Your Rights: In some states, you may be able to restore your voting rights, firearm rights, and other rights that were lost as a result of the felony conviction.
- Seek Employment Assistance: There are organizations that provide assistance to individuals with criminal records seeking employment. These organizations can help you prepare for job interviews, write resumes, and find employers who are willing to hire people with criminal backgrounds.
- Consider Further Education or Training: Investing in further education or training can improve your employment prospects and demonstrate your commitment to rehabilitation.
- Be Honest and Upfront: When applying for jobs or housing, be honest and upfront about your criminal record. Explain the circumstances of the offense and emphasize the steps you have taken to rehabilitate yourself.
Expungement and Record Sealing
Expungement and record sealing are legal processes that can help individuals with criminal records improve their employment and housing prospects. While the specific rules and procedures vary by state, the general concepts are the same.
Expungement
Expungement is the process of removing a criminal conviction from your record. When a conviction is expunged, it is as if it never happened. The record is typically destroyed or sealed, and you are not required to disclose the conviction on job applications or other documents.
Record Sealing
Record sealing is the process of making a criminal record inaccessible to the public. When a record is sealed, it is still maintained by the court or government agency, but it is not available to employers, landlords, or other members of the public. However, law enforcement agencies and certain other entities may still be able to access the record.
Eligibility for Expungement or Record Sealing
The eligibility requirements for expungement or record sealing vary by state. Generally, you must meet the following criteria:
- Waiting Period: You must wait a certain period of time after the completion of your sentence before you can apply for expungement or record sealing. The waiting period varies depending on the state and the nature of the offense.
- Clean Record: You must have a clean record during the waiting period, meaning you cannot have been arrested or convicted of any new crimes.
- Nature of the Offense: Certain offenses, such as violent crimes and sex offenses, may not be eligible for expungement or record sealing.
- Completion of Sentence: You must have completed all terms of your sentence, including probation, parole, and payment of fines.
How to Apply for Expungement or Record Sealing
The process for applying for expungement or record sealing also varies by state. Generally, you will need to:
- Obtain an Application: Obtain an application form from the court clerk or the relevant government agency.
- Complete the Application: Fill out the application form carefully and accurately.
- Submit the Application: Submit the application to the court or agency, along with any required documents or fees.
- Attend a Hearing: You may be required to attend a hearing to present your case to the judge.
If you are considering applying for expungement or record sealing, it is highly recommended that you consult with an attorney. An attorney can help you determine your eligibility, prepare your application, and represent you in court.
Conclusion
Finding out if you have a felony conviction is a crucial step in taking control of your future. By using the methods outlined in this guide – reviewing your memory, contacting the court clerk, requesting your criminal history record, using online background check services (with caution), and consulting with an attorney – you can gain a clear understanding of your criminal record. If you discover a felony conviction, remember that there are options available to you, such as expungement or record sealing, and resources to help you navigate the challenges it may present. Knowledge is power, and understanding your criminal history empowers you to make informed decisions and build a brighter future.