Felonies are severe crimes that come with significant penalties and long-term consequences. Unlike misdemeanors, a felony conviction can impact many aspects of your life.
If you’ve been convicted of a felony, you may be wondering, “How long does a felony stay on your record?” Understanding the answer is crucial, especially when you’re looking for employment, housing, or other opportunities.
In this article, we’ll explore how long felonies remain on your record and discuss ways to mitigate their impact, such as expungement and vacating convictions.
How long do felonies typically stay on your record?
The short answer is: probably forever.
In many states, a felony conviction will stay on your record unless you take legal action to have it expunged or vacated. However, laws about criminal records vary quite a bit from state to state. For example, Washington State and Oklahoma have different regulations about felony records.
Felony convictions are usually part of the public record, meaning potential employers, landlords, and other people can find them when they run a background check on you.
With that said, it is sometimes possible to remove a felony conviction from public view through expungement, vacating, or record sealing. We’ll talk more about that later.
Understanding Expungement, Vacating, and Record Sealing
Depending on where you live, there may be ways to remove or hide a felony conviction from your record. Here’s a quick look at some of those options:
Expungement
Expungement is a legal process that removes a conviction from public records. If you’re successful in getting a conviction expunged, it’s essentially removed from your public record.
This can make it easier to get a job, find housing, or pursue educational opportunities.
Keep in mind that the requirements for expungement vary from state to state and depend on the type of offense. Often, violent felonies aren’t eligible for expungement.
Vacating a Conviction
Vacating a conviction removes the guilty plea or verdict from the record. While it doesn’t completely erase the record, it can still improve your situation.
Record Sealing
Record sealing hides the record from public view. However, it’s important to know that certain entities may still be able to access it.
Factors Affecting the Duration and Impact of a Felony Record
How long a felony conviction affects your life depends on several factors, including the type of felony and the laws in your state.
State vs. Federal Felonies
State felonies are governed by the laws of the state where the conviction occurred, including the state’s rules for expungement (more on that below) and record sealing. Federal felonies, on the other hand, are often harder to remove from your record. In fact, federal felony records are typically not expungeable.
Violent vs. Non-Violent Felonies
Violent felonies are often ineligible for expungement in many states. Non-violent felonies, however, may be eligible for expungement after a certain amount of time has passed and you’ve met specific requirements.
Deferred Sentences
A deferred sentence means that a judge doesn’t impose a sentence as long as you meet certain conditions, such as staying out of trouble and completing a treatment program.
If you successfully complete a deferred sentence, it can lead to a cleaner record. Although the felony may still show up on background checks, the fact that you completed a deferred sentence can demonstrate rehabilitation and potentially mitigate the negative impact of the conviction.
How a felony record can affect your life
Even after you’ve served your time, a felony conviction can follow you in several ways:
- Employment: Many employers run background checks. A felony conviction can make it hard to get a job, especially in certain fields.
- Housing: Landlords also run background checks. If you have a felony record, you may have trouble renting an apartment or house.
- Education: Some educational programs, especially those leading to professional licenses, might be unavailable to people with felony convictions. You might also find it harder to get financial aid.
- Social life, travel, and civic rights: A felony conviction can also affect your social life and ability to travel. Depending on the conviction and where you live, you might lose your right to vote or own a firearm.
Frequently Asked Questions
Does a felony ever fall off of your record?
Generally, a felony conviction doesn’t simply “fall off” your record. It remains a part of your criminal history permanently. However, there are legal avenues in some states to mitigate the impact of a felony conviction, such as expungement or sealing of records. These options can effectively remove the conviction from public view under specific circumstances, but eligibility varies widely.
How long does a felony show up on a background check in California?
In California, felony convictions generally remain on your record indefinitely. This means they will appear on most standard background checks. However, California law does allow for expungement in certain cases, which can remove the conviction from some types of background checks. Certain employers are also restricted from asking about or considering certain convictions. The specific rules vary depending on the employer and the type of job.
The Bottom Line
If you have a felony conviction on your record, you might be wondering how long it will stay there. The answer depends on where you live and whether you’re eligible to have the conviction expunged or vacated.
To navigate the complicated process of expungement, it’s best to consult with a qualified criminal defense attorney. You can also explore rehabilitation programs and other resources that can help you mitigate the negative effects of a felony conviction.
It’s also important to understand your state’s specific laws and eligibility requirements for expungement. And, when you’re asked to disclose your criminal record, honesty and transparency are always the best policy.