Felony Records: How Long Do They Last?
Serving your time doesn’t erase the past. A felony conviction can cast a long shadow, impacting everything from job prospects to housing opportunities.
A question many people ask is, “How long does a felony stay on your record?” The answer, in most cases, is: indefinitely. Unless you take specific steps to have it expunged or sealed, a felony conviction generally remains a part of your permanent record.
This article dives into the lifespan of felony records, explores the possibility of expungement, and offers strategies for minimizing the consequences of a past conviction.
How long do felonies stay on your record?
The short answer is: probably forever. Felony convictions typically stay on your record permanently. That means employers, landlords, and anyone else who runs a background check on you will likely see it.
However, there are legal ways to remove or hide a felony from public view. You may be able to get your record expunged, sealed, or vacated.
If you were charged with a state felony, you may have more options than if you were charged with a federal felony. State felonies can often be expunged or sealed, depending on state laws, but federal felonies are harder to remove.
Because laws vary widely by jurisdiction, you will need to understand the specific laws in your state to determine your eligibility for expungement.
Expungement, sealing, and vacating: What do they mean?
Depending on where you live, it may be possible to have a felony conviction expunged, sealed, or vacated. But what do those terms really mean?
Expungement
Expungement is a legal process that removes a felony conviction from public record. Although not every state offers expungement for felonies, having your record expunged can make it much easier to get a job or take advantage of other opportunities.
Expungement doesn’t erase the crime itself; it just makes the record harder for people to access. Also, expungement may not restore your gun rights or driver’s license, and it won’t remove any requirements to register as a sex offender.
Sealing
Sealing a record means that the general public can’t access it, but law enforcement and government agencies may still be able to see it. Sealing is often the best option when expungement isn’t available or the offense doesn’t qualify for expungement.
Vacating
Vacating a conviction means that the court overturns the guilty verdict, effectively canceling out the conviction. This is usually only an option when there were legal errors made during the trial.
What are the eligibility requirements for expungement and sealing?
Even if your state allows for expungement or sealing of felony records, you may not be eligible to have your record cleared.
General requirements
To be eligible, you’ll generally have to meet these conditions:
- Completion of your sentence. You’ll have to complete every part of your sentence, including probation, fines, and restitution. You generally can’t have any pending criminal charges or outstanding violations.
- Waiting period. Many states require a waiting period before you can apply to have your record expunged or sealed. The length of the waiting period often depends on the severity of the offense.
Factors affecting eligibility
These factors can also affect your eligibility:
- Type of offense. Some felonies, especially violent crimes and offenses against children, are not eligible for expungement or sealing. State laws dictate which specific offenses are ineligible.
- Criminal history. If you have a long criminal history, it may affect your eligibility to have your record cleared.
How to get a felony conviction removed from your record
If you’re eligible to have your felony conviction expunged or sealed, the process typically involves these steps:
- Filing a Petition: You’ll need to file a petition with the court where you were convicted. This petition will ask for details about your conviction and your life since then.
- Court Hearing: The court will likely schedule a hearing to review your petition and hear any objections. You may have to prove that you’ve been rehabilitated and that there’s a good reason to expunge or seal your record.
- Legal Assistance: It’s a good idea to get help from a criminal defense attorney. An attorney can guide you through the legal process and improve your chances of a successful outcome.
Frequently Asked Questions
Does having a felony ruin your life?
A felony conviction can definitely create significant hurdles in your life, impacting employment opportunities, housing options, and even your ability to vote. However, it doesn’t have to define your entire future. Many individuals with felony convictions successfully rebuild their lives, find meaningful work, and contribute positively to their communities. It requires perseverance, accessing available resources, and demonstrating a commitment to change.
Does a felony ever drop off your record?
Generally, felonies don’t simply “drop off” your record automatically. Expungement or record sealing is often the only way to remove a felony from your criminal history. The availability and requirements for expungement vary significantly by state, so you’ll need to check the specific laws in your jurisdiction.
Is a felony on your record bad?
Yes, a felony on your record can be a significant disadvantage. Background checks are common for employment, housing, and other opportunities, and a felony conviction can raise concerns for potential employers or landlords. It can also affect your eligibility for certain licenses and government programs. Transparency and honesty about your past are often the best approach.
Does your criminal record clear after 7 years in the USA?
There’s a common misconception that criminal records automatically clear after 7 years in the USA, but this isn’t generally true for felonies. While some states have laws limiting how far back employers can look into your criminal history for certain jobs, the felony conviction itself usually remains on your record indefinitely unless expunged or sealed.
Final Thoughts
Knowing exactly what’s on your record—and how it affects your life—is the first, crucial step toward a better future.
Talk with an attorney who specializes in this area of law to explore your legal options. Depending on the laws in your state, you might be eligible for expungement or record sealing.
Participating in rehabilitation programs and demonstrating that you’ve made positive changes in your life can improve your chances of a successful outcome in court—and improve your life overall.
A felony record can present challenges, but by understanding your options and taking action, you can build a brighter future for yourself.