Felony is a grave crime according to the US Federal Law, higher in degree than misdemeanor and punishable by years in prison, or a hefty sum of fine, or both, the amount of the punishment being always determined by the seriousness of the crime. A felony conviction is a crucial decision-making matter while interacting closely with someone, or offering someone employment. It is beneficial to dig deeper into any case involving a convicted felon when performing background checks on a person.
Felony convictions may result in the loss of a professional license or permit. Employers can ask job applicants whether they have been convicted of a crime, although federal anti-discrimination laws place some restrictions on the use of criminal histories. However, the State Law does prohibit employers, including the state and its political subdivisions, from taking certain actions against people who have their conviction records erased by an absolute pardon.
Crimes categorized as felonies may include a number of offences. They are widely varied in nature. While assault, battery and arson make the offender guilty of felony, illegal possessions of drugs also fall under the same category. Other violent types of crime like kidnapping, murder and rape result in the offender being tried for felony. A few cases may be considered as misdemeanors depending on the amount of illegal possessions or the degree of the offence. Another instance of circumstial felony may be the possession of firearms. While owning a particular type of firearm may be entirely legal under the law of the United States, carrying the very same weapon into restricted areas like a school or other sesitive regions may result in Felony convictions even if the person had no intention of using the weapon.
For the conviction of a felony, many legislative acts authorize government agencies to revoke or suspend licenses or permits. However, the law also restricts the ability of agencies to do so. A person is not disqualified from state employment solely because of a prior conviction of a crime. The state can deny employment or a license, permit, certificate, or registration only if the person is found unsuitable after considering the nature of the crime, judging information relating to the degree of rehabilitation, and taking into account the time elapsed since felony conviction of the person in question.
Find Felony Convictions for Federal or State Courts
Felony convictions for murder, grand theft, burglary, robbery, kidnapping and drug-related offenses are more serious in nature than misdemeanors like petty theft. In all cases, you will be willing to know background details of a person you are likely to interact closely in the near future. Awareness of this background can save you much pain and harassment by making you alert and conscious about what and whom you are dealing with. Convictions are always uncovered in criminal background checks, so instituting this practice in your business is a wise investment.
Felony conviction records are usually kept in the courthouse in which the person was charged, ultimately pleaded, or tried and convicted, and this information can be acquired by consulting the criminal clerk of that particular courthouse. It is virtually impossible to visit each of the courthouses in the county in which this may have occurred. It is then that the online public records come to help.
Felony convictions divide the charges into three categories. Those who have committed the crime themselves are identified as First Degree Principals. Second Degree Principals are the abettors, or those who encouraged and assisted the first degree principal in doing the crime and were present when the crime was committed. The last category is the Accessory to the Principal. People categorized, as accessories to a felony are different from the abettors in the sense that they assisted in doing the crime but did not actually participate directly in doing the crime itself as compared to the principal.
Felonies can be classified into various degrees depending on the nature of their seriousness. In some states felonies are demarcated with the help of grades like A,B, C etc. However, the entire gradation of felony is slightly different for the state of New York. Here, the felonies are divided into E, D, C, B, A-II, and A-I with A-1 being awarded to the most henious crimes commited. The law of each state decides the felonies committed and the punishments are based on the type of each felony. This helps the state to avoid having a specific punishment for every type of offence committed. The severity of the may vary from imprisonment to the death penalty.
Placing felons on probation is the most common option, wherein a few rights of the individual is restricted. However, the offender placed on probation often has a chace of redeeming himself and the law is pretty lenient for first time offenders. A felony conviction can form a ground for uncontested divorce as well. All United States offenders convicted of felony do not have the right for contesting elections, nor can they exercise their voting rights. United States felons may also have to pay by loss of property for the offences committed by them. Felony convictions for people who are not citizens of the United States of America, are normally deported to the country of their origin.
Expungement or obliteration of the offences depends on the law of the State, especially when the felon in convicted for offences committed within the boundaries of the State. Federal felonies are not expunged in any circumstances. The felon convicted by the Federal Government can only hope for a Presidential pardon. However, such a pardon can only help in providing some relief from the civil restrictions imposed on the felon.
Statistics show that almost 925,000 felons were found guilty by the states system of the United States in the year 2000. The Federal system convicted 60,000 more of felony charges. Most of them had to pay fines or offer restitution to the victims of the crimes. A few others were made to serve time in jail while a mere 5% were let off after they provided community service. However, people who are charged of felony can also contact a professional criminal defense attorney for proper legal representation.
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