Can you have a felony without knowing?
Asked by: Ms. Tianna Schulist | Last update: October 27, 2025Score: 4.3/5 (17 votes)
However, there are circumstances in which you may have a felony on your record and not know it. For example, you may have thought your record was expunged – only to find out it wasn't when a potential employer gets the results of a criminal background check. There also could be an error on your record.
Can you have a felony and not know?
Yes, it is indeed possible to have a criminal record without knowing it. There are several scenarios where this could happen: Mistaken Identity: Sometimes, individuals may be wrongfully accused of a crime due to mistaken identity.
Is a felony always on your record?
In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison.
Is it possible to have a criminal record without knowing?
It is possible for you to be charged with a crime without knowing about it. While there are many situations where you could be arrested on the spot for allegedly committing a crime, there are other times where the police investigate crimes after the fact.
Can you be charged with a crime and not know it?
Unfortunately, in most cases, ignorance of the law does not let you off the hook if you have committed a crime. You can still be charged for doing something illegal even if you did not know that it was illegal. If you have been charged with a crime, do not delay.
Things You Can't Do If You're a Felon
Can a person be charged with a crime without evidence?
There are some rare instances of individuals being charged with a crime without evidence, but it is an extremely rare occasion when it comes to the California Department of Justice. The police need to have probable cause in order to be able to charge a person with a crime.
Can you be charged for a crime you didn't know existed?
Generally, claiming you didn't know an act was illegal isn't a defense to criminal charges. For most state and federal crimes, prosecutors don't need to prove the defendant knew their actions were unlawful.
Can you be a criminal and not know it?
Regardless of whether you did not know something is illegal, you can still be arrested and subject to harsh penalties. In most cases, ignorance of the law is no defense to criminal charges because most crimes do not require defendants to know their actions are unlawful.
Can you be charged for knowing about a crime and not saying anything?
Failure to report a crime, also known as misprision of a felony, is a crime committed when someone is aware that a felony has been committed but fails to disclose it to the authorities. The crime stemmed from English common law, which required citizens to report crimes or face criminal charges.
Can lawyers look up criminal records?
Criminal records can usually be found, even if you do not provide them to the other side. Lawyers routinely perform background checks and look at court records to see what legal history a party has. Even if you don't tell the other side about your criminal past, they will most likely find it on their own.
Can you get a job with a felony?
A company may hire ex-offenders, but they may have a policy of terminating anyone for lying on their job application. It is up to you whether you tell an employer about your convictions. But, we believe that honesty is the best policy. Our experience shows that HOW you communicate this information makes the difference.
What is defined as a felony?
In US law, a felony is typically defined as a crime punishable by a term of imprisonment of not less than one year or by the death penalty. Misdemeanors, in contrast, are often defined as offenses punishable only by fines or by short terms of imprisonment in local jails.
Do felonies go away when you turn 18?
Many people believe that if you commit a crime as a minor, your criminal record is automatically sealed or erased once you turn 18. However, this is not necessarily true. In California, juvenile records do not automatically disappear when you become an adult.
Will a felony always be on my record?
A felony will stay on your record forever in California unless you choose to take action and get the conviction removed. This is called the “expungement process” and generally requires the help of a legal representative to get underway. Rather than the federal courts, state courts handle the expungement process.
What is the most common felony?
By far, one of the most common felonies in the United States is drug crimes. Whether this is possession or trafficking, any time you are discovered with illegal, controlled substances, you will likely face a felony.
What makes you a convicted felon?
In the United States, where the felony–misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor.
Can you be charged for a crime you don't remember?
In the criminal context, amnesia may be relevant to an offender's mental state when committing a crime (criminal responsibility), standing trial (competency), or determining the penalty (mitigating factor). But courts do not recognize amnesia as its own defense.
What is misprision of a felony?
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three ...
Can I have a felony and not know?
However, there are circumstances in which you may have a felony on your record and not know it. For example, you may have thought your record was expunged – only to find out it wasn't when a potential employer gets the results of a criminal background check. There also could be an error on your record.
Do I have to say I have a criminal record?
You only have to disclose your record to an employer if they ask you. Many employers ask at some point and if your convictions are unspent, you legally need to disclose them. If an employer asks and you don't disclose, they could later revoke the job offer or you could be dismissed.
Is it a crime if you didn't know?
As judges like to say, ignorance of the law is no defense to criminal charges. There are exceptions, but the overwhelming majority of crimes don't require that the defendant know that their conduct is illegal.
Can I be charged if there is no evidence?
A person may be charged based on the testimony of a witness or victim, even if there is no physical evidence. Testimony is evidence, even though it may not be tangible. Other types of evidence include the following: Witness Testimony.
What is considered an undetected crime?
Undetected Crime
This includes activities like minor frauds, some forms of cybercrime, and crimes occurring in secluded areas without witnesses.
Would I know if I was charged with a crime?
The simplest and most direct way to find out you are being charged with a crime is if a police officer or detective places you under arrest. Most of the time, the police are required by law to present an arrest warrant in order to detain you.