Past Felonies (opinions needed)

caliblondieus

As we gear up for adoption, I'm trying to find a safe place to ask the question about past history for my partner who has had felony convictions for drug possession. There are no crimes against children or anything of that nature as I know that's a deal breaker, but I'm trying to figure out if other past convictions could potentially hurt our chances. The last conviction was about 15 years ago and my partner is fully reformed with a solid work history, full sobriety and a healthy life.

I hesitate to ask the adoption agency we're starting to work with because I don't want to be "pegged" but I can't seem to get an answer from anyone that knows enough to give a good option. I know in foster-to-adopt in can actually be seen as a positive because there is an "understanding" of the type of situation a child came from, but I don't know if this is the same for domestic adoption.

jillianmb

With international adoption I do not believe you would be able to adopt with a felony, however domestic adoption may be another story. Because it was so long  ago and not a crime against children, you may still be able to adopt. I think you really need to ask your agency before paying the application fee etc. Don't worry about getting "pegged," as they will find our eventually anyway.  Better to know before you are financially invested! Here's a short article I found.

firecracker8

My husband got a DUI when he was 21, over 10 years before we adopted. We disclosed the DUI to our agency immediately in case it would keep us from adopting. They said it was no issue, especially because we were upfront with it and didn't try to hide it. The felony will come up in a background check, so tell them now! That way you're not worried and you might as well know now if they can't work with you. I hope it works out for you!

bhead81

Can he have the felony "set aside" or "expuged"?  DH has a felony that we had set aside here in AZ from when he was 18 for DUI (AZ has really tough DUI laws).  We had to disclose it even though it was set aside and it did cause HUGE delays in fingerprint clearance.  It also gets mentioned in your homestudy so your EM will see it if you go with private or agency adoption.  Just be honest about it, it is part of what made him who he is as it was a learning and grown opportunity.

KdgTeacher

bhead81:

Can he have the felony "set aside" or "expuged"?  DH has a felony that we had set aside here in AZ from when he was 18 for DUI (AZ has really tough DUI laws).  We had to disclose it even though it was set aside and it did cause HUGE delays in fingerprint clearance.  It also gets mentioned in your homestudy so your EM will see it if you go with private or agency adoption.  Just be honest about it, it is part of what made him who he is as it was a learning and grown opportunity.

In general, unless a judge finds grounds (flawed evidence etc) you won't get a felony conviction set aside or expunged.

As PPs have said, it'll come up anyway and I'd imagine it'll fair better for you if you are upfront about it. 

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bhead81

KdgTeacher:

bhead81:

Can he have the felony "set aside" or "expuged"?  DH has a felony that we had set aside here in AZ from when he was 18 for DUI (AZ has really tough DUI laws).  We had to disclose it even though it was set aside and it did cause HUGE delays in fingerprint clearance.  It also gets mentioned in your homestudy so your EM will see it if you go with private or agency adoption.  Just be honest about it, it is part of what made him who he is as it was a learning and grown opportunity.

In general, unless a judge finds grounds (flawed evidence etc) you won't get a felony conviction set aside or expunged.

As PPs have said, it'll come up anyway and I'd imagine it'll fair better for you if you are upfront about it. 

Here in AZ you can do a set aside if it has been so many years. It allows you to get your rights back. It is not the same thing as an conviction being overturned. The process did not involve proving anything was wrong with the conviction. It was actually quite the opposite you own up to everything and ask for right to be restored and the conviction to be set aside. The felony will show on records if a background check is done but it also shows that it was set aside and rights restored. It also allows my husband not to have to say yes when asked if he has been convicted of a felony.

caliblondieus

Thanks, everyone. We never intended to hide it (heck no!) but I like to get my ducks in a row before approaching the professionals. You know what that's like! Kind of just trying to get my head screwed on right.

You can work to get a sentence reduced from a felony to a misdemeanor based on certain parameters. But it takes time and it might just be best for us to move forward and face it head on then try to modify a past record. And the record is more than one offense (one felony, multiple misdemeanors) so it would be a lengthy process for sure.

Thanks again for the thoughts!

bhead81

caliblondieus:

Thanks, everyone. We never intended to hide it (heck no!) but I like to get my ducks in a row before approaching the professionals. You know what that's like! Kind of just trying to get my head screwed on right.

You can work to get a sentence reduced from a felony to a misdemeanor based on certain parameters. But it takes time and it might just be best for us to move forward and face it head on then try to modify a past record. And the record is more than one offense (one felony, multiple misdemeanors) so it would be a lengthy process for sure.

Thanks again for the thoughts!

I completely understand.  My husband had his mistakes (felony and misdemeanors) in the past.  Both the state for foster-to-adopt and private adoption were okay with them since they were over 10 years and he had been good since then.  One thing you may want to do is write a letter about what happened and what he has learned.  We had to include one like this for the board of fingerprints to get our fingerprint card (felonies are automatic rejections even if they are set-aside) and also one for the homestudy.  Just plan for some extra time for fingerprints in case your state has something like AZ did where you have to appeal to a board for denials.  I think ours took almost 10-12 weeks to come in.