How Long Does a First Offense Stay on Your Record and Can You Remove It?

A first offense is a criminal offense committed by an offender with no prior criminal record or conviction. If a person is convicted of a crime for the first time, a criminal record is created that outlines the offense. This record can affect how others view you and may make it more challenging to secure a good job.

As a first-time offender, you might be wondering if your offense will stay on your record forever. You may also want to know if you can have it removed. This article aims to provide a comprehensive overview of whether a first offense is permanent on your record.

What Is a First Offense?

A first offense is a crime committed by someone with no previous criminal history. This differs from a second or subsequent offense, which usually happens when someone commits the same crime again. First offenses often have lighter penalties, while repeat offenses usually have lengthy sentences because they show a pattern of reoffending. This indicates that the person may be a serious risk to public safety. 

Common first offenses include infractions, misdemeanors, and felonies. 

Infractions are minor violations, such as traffic offenses, speeding, littering, and simple assault. Misdemeanors are less serious crimes, such as driving under the influence (DUI), trespassing, and shoplifting. 

Felonies are serious crimes that result in at least one year in prison. Examples include burglary, assault, arson, kidnapping, and murder. The punishment for a first offender depends on the crime committed. If the crime is a felony, the offender might go to jail. However, they can appeal the sentence length because they do not have a prior criminal record.

What Happens If It's Your First Offense?

Although first-time offenders might receive lighter sentences or options like parole, first offenses are usually treated the same way as later offenses in court.

When someone commits a crime, they get arrested and charged after an investigation. Whether they need to go to court depends on the type of crime. For example, serious crimes, known as felonies, often go to trial in front of a judge or jury. The first-time offender will present facts to respond to the charges against them. Then, the judge or jury will decide the case. If they find in favor of the offender, there will be no conviction. If they do not, the judge or jury will give a sentence based on how severe the crime is. Possible penalties for first-time offenses include losing licenses, paying fines, or going to jail.

What Happens If Your First Offense Is a Felony?

A felony is a crime punishable by a minimum of one year imprisonment or death, and it does not matter whether it is your first offense or not. What matters is the nature of your crime and the circumstances surrounding the event.

If you are charged with a felony for the first time, a state representative will file a complaint against you. This document explains why they believe you broke the law. Once the court accepts the complaint, it will issue an arrest warrant. 

Next, the court will schedule an initial appearance. Here, you will meet with a judge, who will explain your rights and let you know if you can be released on bail. The state attorney who filed the complaint must provide evidence showing a good reason to believe you committed the crime. If the court accepts this evidence, the judge will set a date for your trial.

During the trial, both the prosecutor and the defendant will present their cases and evidence. If the court finds you guilty after the trial, it will schedule a date for sentencing. The judge will consider both positive and negative information about you before deciding on your sentence. Once the sentence is given, your name will go into the state's criminal record database. 

Some states allow people to erase their records after completing their sentences, but most do not allow this for serious felonies, like murder, violent crimes, and sex offenses involving children.

Will I Go to Jail for a First Offense?

The likelihood of going to jail for a first offense depends on how serious the crime is, the laws in your state, and whether there are other options for sentencing. For first-time infractions and misdemeanors, people usually do not end up in jail. However, a first felony offense can result in a long jail sentence. Also, a first felony will be added to your criminal record.

Does a First Offense Stay on Your Record?

Criminal offenses stay on your record for life unless you take specific legal steps. You can file a petition for expungement or get an expungement order from the governor. Most states require a waiting period of one to five years before you can file this petition, depending on the type of offense. In some areas, whether your record is permanent depends on the outcome of your court case, such as if you were convicted, acquitted, or made a plea deal. It's important to research the expungement laws in your state, as they can differ and may impact your chance to clear your record.

How Long Does a First Offense Stay on Your Record?

The amount of time a first offense stays on your record varies based on the nature of the offense, your state law regarding the offense, federal statutes, and the expungement eligibility of the offense. An offense that cannot be expunged under state law remains indefinitely.

Factors That Determine If a First Offense Stays on Record 

Some factors determine if a first-time offense can be removed from your record. These factors explain why some offenses may stay on your record for a long time:

• The type of offense
• State and federal laws
• The offender's age at the time of the offense
• First-time offender programs and diversion options

Type of Crime Committed

In the United States, less serious crimes, such as infractions and minor misdemeanors, can be expunged from your record after successfully completing your sentence. However, serious misdemeanors and most felonies are not as easy to expunge. 

In some states, like Texas, these types of offenses remain on your record permanently. In other states, such as New Jersey, all forms of homicide cannot be expunged. Meanwhile, Kansas requires you to file a petition to expunge eligible criminal records three to five years after completing your sentence.

State and Federal Laws

State and federal laws outline the criteria for determining if a specific offense is eligible for expungement. Each state has its regulations regarding eligibility, including factors such as the nature of the offense and whether the individual has completed their sentence. To navigate the expungement process effectively, it is essential to research and understand the specific laws and requirements in your state before initiating the expungement of a record. Consulting with a legal professional can also provide valuable guidance tailored to your situation.

The Offender's Age At The Time of The Offense

When a juvenile commits an offense, the details of the crime and the conviction may be sealed by the court. This means the records are not available to the public, protecting the juvenile's privacy. Most states have strict rules that limit public access to the criminal records of young offenders. 

These laws recognize the importance of rehabilitation and allow young people to return to society without a criminal record. While the rules vary by state, they all aim to help young individuals learn from their mistakes without facing the lasting stigma of a public criminal record.

First-Time Offender Programs and Diversion Options

Most states have first-time offender programs and diversion options that ensure that eligible offenders receive some punishment without the offense going up on their criminal record. The eligibility criteria for pretrial diversion and rehabilitation programs vary by state. However, the offender must acknowledge they committed the offense and show willingness to follow court orders.

Can You Remove a First Offense from Your Record?

There are several options for removing the first offense from your record, including expungement, record sealing, and pardon. Expungement means completely removing your criminal record from state or federal databases. To do this, you must file a petition asking for the record to be destroyed. 

Record sealing involves asking the court that handled your case to limit access to your first offense records. This way, the public cannot see your record unless they get a court order to access it. A pardon is when you are forgiven for your offense, and all remaining punishments are canceled. This doesn’t erase your record but separates the information about the offense from other records.

Expungement: What Is It and How Does It Work

Expungement is erasing or destroying an offense from a criminal record. The eligibility criteria for expungement vary by state. Some states only allow expungements in cases that resulted in the dismissal of the charges before the entry of a plea, such as through the successful completion of a deferred prosecution agreement. Other states might allow expungements after a conviction, but serious felonies are rarely, if ever, eligible.

An expungement process begins when a person files a petition to destroy records, often in the court that handled the case. You need to file a petition for each offense on your criminal record. Once the petition is submitted, the judge will review the petitioner's file to determine if their case qualifies for expungement.

Records Sealing Vs. Expungement

While record sealing and expungement are ways of removing an offense from your record and limiting public access to the record, there is a noticeable difference between the two. While expungement erases or destroys a particular offense from your criminal record, record sealing does not erase or destroy your record but only limits access to it.

Pardons and Clemency for First Offenses

A governor or president may pardon an individual for an offense they committed. First-offense pardons typically excuse the individual from any other legal punishment tied to the offense. After a person is forgiven, records of their offense are usually separated from other records if it's not their first offense. However, if it is their first offense, such documents may be erased.

FAQ About First Offenses and Criminal Records

Discussed below are frequently asked questions about first offenses and criminal records in the United States.

Does a First Offense Automatically Disappear Over Time?

No, a first offense does not automatically disappear over time. You must either file a petition for expungement to erase the record or get an order from the governor.

Can a First Offense Be Expunged Immediately?

First offenses can be expunged only when the offender meets specific eligibility criteria or after the individual has served the conviction.

What's the Difference Between a First Offense and a Repeat Offense?

A first offense is when a person commits a crime for the first time and has no previous criminal record. A repeat offense happens when a person commits the same crime again after being convicted and completing the first sentence.

Does a First Offense Affect Your Credit or Financial History?

A first offense does not directly affect your credit or financial history. However, the legal fees and social stigma that come with criminal charges can impact your finances over time.