All Laws Decoded

How Long Does a Felony Stay on Your Record?

Official sources do not give a felony conviction an expiration date: it stays on the record unless it is sealed, expunged, or set aside under the law that applies. For background checks, the federal Fair Credit Reporting Act's seven-year limit covers arrests and most other negative items but excludes records of convictions, and the FTC says there is no time limit for reporting criminal convictions. Federal expungement is rare, a presidential pardon does not remove the offense from the record, and each state sets its own sealing or expungement rules and waiting periods.

What the law says

FAQ

Does a felony ever fall off your record on its own?
Official sources do not describe a felony conviction expiring by itself. A conviction is cleared through a legal process such as sealing, expungement, or a set-aside, and some states run automatic processes for eligible cases. For example, Michigan's courts describe automatic set-aside of certain eligible felonies 10 years after sentencing or release from state prison, while Utah's courts say a felony case may not be eligible for automatic expungement.
Can a background check show a felony from more than seven years ago?
Yes. The Fair Credit Reporting Act's seven-year limit on adverse information excludes records of convictions of crimes, and the FTC says there is no time limit for criminal convictions. The seven-year limits also do not apply to reports for a job paying $75,000 or more a year. State laws may add their own rules.
How long can an arrest that did not lead to a conviction be reported?
Under the Fair Credit Reporting Act, records of arrest cannot be reported once they antedate the report by more than seven years from date of entry, or until the governing statute of limitations has expired, whichever is longer. The CFPB says a criminal charge that does not result in a conviction generally cannot be reported beyond the seven-year period that starts at the time of the charge.
Can a federal felony be expunged?
Rarely. The Department of Justice says expungement is a judicial remedy that is rarely granted by the court and cannot be granted by DOJ or the President; it directs people to contact the court of conviction. Federal law provides expungement in one narrow situation: a simple drug possession case handled with pre-judgment probation for a person who was under 21 at the time of the offense (18 U.S.C. § 3607).
Does a presidential pardon erase a felony?
No. DOJ says the pardoned offense would not be removed from your criminal record and that a pardon does not signify innocence. A pardon removes civil disabilities, such as restrictions on voting, holding state or local office, or sitting on a jury, and DOJ says it should lessen the stigma arising from the conviction.
What if a sealed or expunged record still shows up on a background check?
The CFPB says background screening companies should prevent the reporting of information that has been expunged or sealed, and the FTC lists sealed or expunged records as a common error. You can dispute it with the background check company, which the FTC says must investigate within 30 days and send you the results in writing.
How long do I have to wait to clear a felony in my state?
It depends on the state, because each state sets its own sealing or expungement rules. As examples from official court pages: Michigan allows an application to set aside one felony after 5 years and more than one felony after 7 years (counted from the last of sentencing, probation, parole, or prison); Utah lists 7 years for a felony; and California's courts say true expungement does not exist there, though other options may apply.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.