The trial is over; the verdict was “GUILTY” and now the judge has just handed down a felony conviction! So now what? What actually happens? Obviously the “accused” is now officially labeled a “felon” and is on the verge of serious prison time. Maybe not; not all felons go straight to lockup. Many people have the question “What Happens If You Have a Felony On Your Record.”

But what about the future? How does having a felony “on your record” impact the rest of a felon’s life, after prison? Let’s take a look at the long-term ramifications and consequences of a felony conviction…

Clearly a felony offense is in a completely different league of crime than a mere infraction or misdemeanor. Infractions are petty crimes like jaywalking or fishing with no license. There’s no jail time involved. Misdemeanors are a step up; they are crimes of moral turpitude, and can involve fines and incarceration. Things like petty theft, being drunk in public, “simple” assault, or disturbing the peace are examples of misdemeanors. By and large, no one is seriously injured in a misdemeanor, and no real property damage is done.

Then we come to felonies. Rape, serious assault, homicide, theft of large sums, arson…these are the crimes for which a district attorney is going to push for the harshest sentences.

The primary cost of a felony conviction is the loss of freedom: freedom, in many cases, to live in society versus as an inmate; freedom to vote; freedom to possess or even to use a gun (felons can’t even go to a gun range); freedom to work in numerous career fields; freedom to obtain many federal benefits; freedom to travel overseas, even freedom to certain parental rights and adoption. So that instant loss of so many basic freedoms is quite massive in scope. Indeed it is fair to say that one’s life after a felony conviction will never be the same.

Moving beyond the loss of freedoms, let’s now exam the punishments involved in a felony case.

Punishments for Felony Convictions

Every state is different, but they all handle felony convictions very seriously. It’s not unusual for a convicted felon to spent several years in prison. At the extreme end of this spectrum, one may serve a life sentence…or more.

Convicted child rapist Charles Scott Robinson was given a sentence of 30,000 years…5,000 years for each count he was convicted of. It’s unclear why courts order sentences of such length, but the point is that many convicts can and do spend their remainder of their lives behind bars.

This article about time served for numerous types of felonies has lots of useful information.

The Point of Prison Time

Speaking of which: a prison sentence can be thought of in three ways: one, it is punitive in nature, meaning it’s a punishment for something a convict did.

It is also considered rehabilitative, to a degree, although how much rehabilitation one can receive in a prison has long been a question of debate and study. Many argue that incarceration with other criminals merely deepens the criminal mindset. Even the stark and unsettling environment itself of a penitentiary is hardly conducive to rehabilitation, but we’re not here to argue that point.

The third “benefit” of locking up an inmate is that it keeps them away from society, thus protecting the world from further potential misdeeds of the convict…at least for a certain term of time. From that perspective, incarceration is not a punishment so much as a means to an end.

Fines

Apart from time behind bars, felons very often are forced to pay heavy fines. These, too, are typically considered punitive in nature, and of course the government has to make money somehow. Fines are a major source of revenue, needed to keep the cogs of justice in motion.

Restitution

But another pecuniary penalty involves restitution. Unlike a fine, which goes to the government, restitution is the payment to victims injured or affected by the actions of the felon. Restitution is not a punishment, per se; it’s more an attempt to balance the scales. If a convict injures a person, that person may need medical attention, for instance. Who is liable for those bills? Logically, it should be the person who caused them in the first place.

Of course, not all restitution goes directly to victims. Benjamin Chason of Georgia was a multimillion dollar lottery winner later busted for illegal deer trafficking. He was ordered to pay $1.6 million in restitution and fines, although his white-tailed victims likely never saw a penny.

Although felons are very often ordered to pay restitution, the fact is that many will never actually be able to pay off the court-ordered debt due to issues of employment. An assigned probation agent can help set up the actual payments, but often the full payoff amount is simply never made.

In those cases, the released felon is not sent back to prison, but instead it is possible that their probation will be signed off as “unsatisfactory.”

The courts don’t have the time or resources to act as a “collection agency,” as it were.

A judge can monitor the situation but technically speaking, if a felon cannot pay, they cannot pay. That in itself is not a crime; they cannot be sent back to prison for their inability to pay back restitution, but…in that event, a restitution recipient may have the option to open a civil lawsuit against the felon. Much depends on the timing of the matter; they must file within a certain statute of limitations time frame.

Long story short, any person convicted of a felony offense is going to be looking at a stint behind bars, a potentially heavy fine, and maybe even an order to pay for victim expenses or other related costs. This is just another downside of being convicted and what happens if you have a felony on your record.

Probation

Everyone has heard of probation and parole, but what do these terms actually mean for a felon? There are similarities, and the differences are largely a matter of semantics.

Probation is when a court orders a felon to be supervised by an agency, versus spending that time in prison.

Probation may in some cases be combined with prison time, as a “split sentence.” In other words, a felon may serve some prison time first, then be released on probation. But by and large, probation is a method of allowing a felon to “skip” prison time, so long as the circumstances of their crime were not severe enough to warrant it.

Incarceration is meant to keep a felon away from the public, for the sake of community safety. If that safety is not directly jeopardized by the felon’s behavior, then probation is a strong possibility.

This doesn’t mean they are off the hook, by any means. The felon may need to report to an officer on a regular basis, which is considered “active supervision” of the felon. These reportings may be done in person, or sometimes by email or phone calls.

If the felon isn’t required to report in, they are on an “inactive status,” because it was deemed that their crime doesn’t warrant such restrictions as reporting in all the time. Sometimes a felon on probation begins on active supervision but then moves to inactive after establishing a reliable pattern of being trustworthy.

If a felon only has financial obligations remaining on their sentence, they will likely not be actively monitored but could still be required to follow rules of conduct while completing their probation period. Failing to adhere to those rules could land the person back in prison. In addition, a person on probation is generally required to seek gainful employment and to receive counseling for rehabilitative purposes.

A person on probation may be monitored for signs of drug or alcohol use. They will typically require permission to move to a new address. And (it goes without saying) they must keep their nose clean and not be charged with any other offense during their probationary period!

Parole

Like probation, parole allows for the “conditional release” of a felon from a state prison. The decision to release or not is made by a parole board or it is part of a mandatory parole statute done prior.

Also like probation, a parolee may be actively supervised or not. If they are meeting all of the conditions of their parole, they will likely be switched to an inactive status, same as someone on probation. So the biggest difference between probation and parole is, sometimes a person on probation never does time in prison, whereas a parolee always does time first.

Other Consequences of Having a Felony on Your Record

As mentioned, being a convicted felon directly impacts one’s basic civil rights…in many cases, forever.

The felony sits on a person’s record for the rest of their lives, unless it is removed by sealing or expungment. Assuming it will not be removed, it is going to turn up every time an agency or organization requires any type of background check. In other words, it can create a hurdle to finding a job or renting a home.

Thinking about going back to school to work in the education sector? Best of luck, but depending on the nature of the felony conviction, odds are that a school system cannot hire you as a felon. Want to be a nurse, cop, lawyer or firefighter? The obstacles aren’t easy to overcome for a felon. Even many blue collar-type jobs will be hesitant (to say the least) about hiring a felon, again, depending on the crime.

For example, if a felon was convicted for a crime of theft, they most likely won’t be able to work in a delivery service like FedEx or UPS. If there was any assault or abuse involved, they cannot be a caregiver or work around children or the elderly. If there was any crime related to operating a vehicle under the influence of alcohol or drugs, then you can rule out becoming a truck driver with a felony.

All of these bad things are what happens if you have a felony on your record but there is hope. Many felons become very successful after completing their sentences.

Appealing a Felony Conviction

As mentioned, the consequences of a felony can be mitigated via a successful appeal. But this is not the norm, and in order to appeal a conviction one must of course retain a qualified criminal attorney.

The attorney can review the case for errors or oversights during the trial. If none can be found, there is no grounds to file an appeal. If an appeal is filed, you must prove that a very specific and very damaging error was made.

Ironically, winning an appeal does not automatically guarantee a reverse of a felony conviction or even a change in sentencing. So it’s important to go into the process with some expectation management. The fact is, appellate judges don’t like tinkering with verdicts.

If an appeal cannot be filed, the last option is to file a writ, in a situation where no mistake was technically found, whoever it was discovered that the defense attorney somehow failed to make a relevant point in the case. These are long shots, at best. But, the option exists for a reason…and a long shot is better than no shot at all.

Expunging a Felony Conviction

Different states handle the erasure, or “expungement,” of a conviction differently. It’s important to read up and follow the precise rules for the state the crime was committed in, and to closely adhere to the deadlines to apply.

Expungement, if done right, can happen relatively quickly, in a matter of months. But only if one qualifies and applies properly.

As always, hiring an experienced attorney is one’s best chance at a successful expungement. If a conviction is expunged, technically the traces of it will never 100% vanish. The conviction won’t show up on a background check, and the record is considered “sealed,” but…that sealed record still exists. And it always will, in one fashion or another.

Conclusion of What Happens If You Have a Felony On Your Record

We hope this article helps explain the dire ramifications of what happens if you have a felony on your record. Suffice it to say, nothing good happens. But understanding what to expect can greatly help one plan for their future. Remember that our organization, Help For Felons,  is here to support you and help answer any questions.