Answer By law4u team
Burglary charges can have long-lasting consequences on a person's criminal record. The duration for which these charges remain on the record largely depends on the nature of the charge (whether it is a conviction, a charge that was dismissed, or a case that ended in acquittal) and the laws in the specific jurisdiction. In many cases, burglary convictions can be permanent unless expunged or sealed through legal processes.
How Long Do Burglary Charges Stay on a Criminal Record?
Permanent Record for Convictions:
If an individual is convicted of burglary, the conviction generally remains on their criminal record for life. A conviction is a formal determination of guilt, and in most places, it is part of the permanent criminal history unless the person is eligible for expungement or record sealing.
A burglary conviction on a criminal record can appear in background checks conducted by potential employers, landlords, and other entities.
Possibility of Expungement or Sealing:
Depending on the jurisdiction, individuals convicted of burglary may be able to apply for expungement (removal of the conviction from the record) or sealing (making the record inaccessible to the public).
The eligibility for expungement or sealing varies based on several factors, including:
- Type of offense: Some offenses are not eligible for expungement, particularly serious crimes like violent felonies.
- Time elapsed: The person may need to wait a specific number of years after completing their sentence (including probation) before applying for expungement or sealing.
- Rehabilitation efforts: Demonstrating that the individual has been rehabilitated and has stayed out of trouble can increase the likelihood of success in expungement requests.
- First-time offenses: In some jurisdictions, first-time offenders or individuals with no prior criminal record may have a better chance of having their burglary conviction expunged or sealed.
Charges That Are Dismissed or Dropped:
If the burglary charges were dismissed or dropped before trial or conviction, they generally will not appear as convictions on a criminal record. However, they may still appear as charges unless formally expunged or sealed.
In cases where charges are dropped or dismissed, individuals may be able to request that the record be cleared or sealed to prevent any potential harm from having these charges appear on background checks.
Effect of a Burglary Conviction on Future Opportunities:
A burglary conviction can significantly impact a person’s future, including their ability to find employment, secure housing, or obtain certain licenses. Many employers conduct background checks and may be hesitant to hire someone with a felony conviction for burglary.
Some jurisdictions have ban the box laws, which prohibit employers from asking about criminal history until later in the hiring process, but a conviction will still be visible on a background check when it is requested.
Example:
Example 1:
John is convicted of burglary at age 25 and serves a sentence. After 10 years of good behavior and no further crimes, he applies for expungement. Depending on his jurisdiction’s laws, he may be able to have the conviction removed from his criminal record entirely, improving his chances of employment and housing.
Example 2:
Sarah is arrested and charged with burglary, but the case is dismissed due to lack of evidence before it goes to trial. While the charges will not appear as a conviction, they may still show up as part of her criminal history unless she takes action to seal the record.
Conclusion:
Burglary charges, if resulting in a conviction, typically remain on an individual’s criminal record for life unless expunged or sealed. The length of time a charge stays on the record and whether it can be cleared depends on the jurisdiction’s laws, the severity of the crime, the individual’s criminal history, and whether they meet the requirements for expungement. It is crucial for individuals with a criminal record to understand their rights and explore options for clearing their record to avoid long-term legal and personal consequences.
