Question: How long does a felony stay on your record?

Answer: All felony convictions will stay on you record for your entire life unless you take action to remove it. Options for removing a felony from your record include expungement, record sealing and pardons. It is worth noting that a few states limit how far back an employer can go during a background check.

Felonies are not the sort of crimes which just drop off after a few years; they are often extremely serious, often involving life and death, robbery, arson…the list goes on, but all these crimes have one thing in common. It’s time consuming and expensive to prosecute them, and once prosecuted, the crime sticks. Please continue reading for more in depth information about how long felonies stay on your record and what you can do about it.

Remember in school we used to joke about things “going on your permanent record?” Well, actually there is a permanent record, and felony crimes are the sort of things which go on them.

What Are the Consequences of a Permanent Felony Record?

A criminal record is considered a “public record” in that it’s maintained by governmental and law enforcement agencies. It’s a brave new world and now these agencies are able to share such information quickly, sometimes instantly, via networked databases.

Just because it’s called a public record doesn’t mean the general public can go read it, though. Apart from those government and police agents, no one can access your full record without your permission. That’s why you have to give consent for a background check; otherwise people could just run one without asking you.

Maybe you or someone you know has a criminal felony on their record, and they’d rather not have that fact seen by potential employers or landlords, etc. There’s not a whole lot of options for you. In all likelihood, anyone who runs a background check is clearly going to see the conviction.

So what are the consequences of this permanent albatross around your neck? You guessed it! It’ll be harder to get a job with a felony, harder to get housing, harder to do many things. That’s a fact one has to stop trying to fight with and just accept. Life will be harder with a criminal past. But there’s no way to erase it and start over…is there? Well, maybe. Let’s take a quick look at felony expungement.

What About Felony Expungement?

Expungement is a terrible-sounding word for a potentially great thing. If you were wrongly or improperly convicted of a felony offense, there’s a process to get that off your record. This article isn’t focused on expungement proceedings, because we’ve already got an article on that...but in a nutshell, when successful, expungement can make it seem as if you were never convicted at all. Each state treats the process differently, as you might expect. Some want proof of rehabilitation, even. Others limit which felonies may be considered for erasure.

Keep in mind, there are sometimes time limits related to expungement, so do your homework and don’t wait. Make certain that any fines are paid, if owed. And it probably goes without saying, but keep your record clean of any other crimes while trying to expunge the past one. Then get in touch with a qualified lawyer who can take up your case and present it to the court for consideration.

Again, expungement of a convicted criminal offense isn’t easy; it’s a whole lot of trouble to go through. But if it’s an option at all, then it’s one you should absolutely explore. Having a conviction disappear will save you a lot of trouble down the road, so consider it an investment in your future. Deal with it now and it’ll solve some problems waiting down the line.

Non-felony petty offenses and misdemeanors are simpler to get expunged. Things taken into consideration include the time elapsed since the date of the crime, any other prior convictions, any incidents during the probationary period, the time served incarcerated, and things of that nature.

And of course if you are acquitted, it’ll be a relatively easy task to expunge the cleared charges.

Likewise, if a record is sealed versus expunged, then the “charges, court files, arrest, detention and initial conviction will be erased from public record.” Okay, with all that said, one more thing to consider (there’s always one more thing) is that some states, no matter what, will not expunge a guilty plea!

Background Check Limits

Lets take a break from expungment for a moment. It is important to understand that some states have laws regarding how far back a criminal background check can go. While you will still have a felony on your record in any state some states will not allow employers to go back more than seven years. We consider those states to be the most felon friendly states to live in. Here are the laws.

Twelve states do not allow any felony conviction information older than seven years to be reported.

• California
• Colorado*
• Kansas*
• Maryland*
• Massachusetts
• Montana
• Nevada
• New Hampshire*
• New York *
• Texas *
• Washington*

(* exceptions based on pay/salary) Learn More Here

Some states will not report court cases where you were found NOT guilty: Hawaii, Indiana, Kentucky, Massachusetts, Alaska, California, New York and Michigan.

These states will report unlimited numbers of years back of felony convictions and also report NOT guilty verdicts: Mississippi, Missouri, Nebraska, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Rhode Island, Alabama, Arizona, Arkansas, Connecticut, Delaware, DC, Florida, Idaho, Indiana, Iowa, Louisiana, Maine, South Carolina, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.

Successful Expungement Results

If you are successful at getting a record expunged, it will no longer exist at either state or local levels, but will stay available to federal agencies only. So bear this in mind. The FBI, for instance, would still be able to see the expunged files, should you ever go up for a security clearance investigation, for example, because the record stays with their National Crime Information Center. So even expungement isn’t a 100% fix, but it is certainly better than the alternative.

Bottom line here is, if you are seriously troubled by having a permanent black mark on your record, and you believe there’s a strong change it can be removed, then by all means read up on this difficult but doable process. Felons have their records expunged all the time, so let their success encourage and motivate you! But understand, you’ll have a tough road to hoe.

A Bit More on Expungement

Last notes on expungement: it isn’t just a conviction which must be examined for erasure, you’ll want to ensure all traces of charges and arrests, even court dates themselves, are all stripped from the files. Little traces can linger, so it’s important to be thorough and sometimes an attorney is required to make sure everything is done properly.

What If Expungement Isn’t an Option?

If you cannot have that conviction expunged, then it’s not going anywhere. You’re going to be asked about it, maybe a few times, over the course of your life. For this reason, it is very helpful to make rehabilitation efforts, efforts which can be proven in writing. If you volunteer, do community service, advance your education, attend counseling sessions, or do anything which can be documented, then do it and keep copies of the proof. Submit these as evidence, along with any and all letters of recommendation, when you are confronted with a problem related to your felony record.

Some crimes will stop you from obtaining some jobs. Some crimes will stop you from living in certain places. All you can do is to try and leverage your rehabilitation efforts, to show that whatever you did in the past, you are making amends as best as you can. There is no guarantee these efforts will make a difference. But in many cases, they will…and, if you do not do them, then obviously you are missing the chance to make a demonstrable change for the better.

Living With a Felony Record

If the felony can’t be expunged, that is not the end of the world. Yes, challenges will present themselves at certain times, due to the conviction. Usually these hurdles can be overcome with some effort. Sometimes, they can’t, but that, too, is not the end of the world. When one door closes, another opens. Our organization, Help For Felons offers tons of helpful resources for felons including; legal information, jobs for felons, financial help and information, reentry programs and much more.

Remember, a felony conviction isn’t a small crime; it’s not a misdemeanor. So felons will need to be tolerant and understand that sometimes people are going to have serious concerns hiring or renting a home to a convict. These concerns need to be understood and empathized with, for they are generally legitimate…especially if the felony crime was violent in nature.

So consider your felony. How serious was it? If you were an employer, would you prefer to hire someone with the same felony on their record, or someone with a clean record? What factors would make you reconsider the felon? Put yourself in the hiring manager’s shows and do a serious, objective analysis.

How could you convince that hiring manager that you are not only worth hiring, but that you’re a better candidate than the person with no record? You’ve got to think and act persuasively. You’ve got to go the extra mile to sell yourself.

We hope this post helped answer the question of how long a felony stays on your record. If it’s not sealed or expunged, it’ll sit there like the last guest at a house party, who refuses to leave. Ever. Be proactive, and do what you can to give that unwanted guest a boot out the door!