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
- Under the Fair Credit Reporting Act, a consumer report may not contain any other adverse item of information, other than records of convictions of crimes, that antedates the report by more than seven years. Records of criminal convictions are carved out of this seven-year limit. 15 U.S.C. § 1681c (Fair Credit Reporting Act), via govinfo.gov, subsection (a)(5)
- The same law bars reporting civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. 15 U.S.C. § 1681c (Fair Credit Reporting Act), via govinfo.gov, subsection (a)(2)
- The seven-year limits in subsection (a) do not apply to a report used for the employment of an individual at an annual salary which equals, or which may reasonably be expected to equal, $75,000 or more, or for a credit transaction or life insurance underwriting involving $150,000 or more. 15 U.S.C. § 1681c (Fair Credit Reporting Act), via govinfo.gov, subsection (b)
- The FTC says that for tenant background checks there is no time limit for criminal convictions, while arrest records can't be included in a report after seven years. It lists criminal record information that was sealed or expunged as a common type of error in these reports, and says the background check company must investigate a dispute within 30 days. Federal Trade Commission, Tenant Background Checks and Your Rights
- The CFPB says background screening companies should prevent the reporting of public record information that has been expunged or sealed, and that 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. Consumer Financial Protection Bureau, press release on background screening advisory opinion (Jan. 11, 2024)
- The FTC says an employer that uses a background report must tell you about your right to dispute information in the report that's wrong or incomplete, and that if you ask within 60 days of getting turned down for the job, you won't have to pay for a copy of the report. Federal Trade Commission, Employee Background Checks: Know Your Rights
- The U.S. Department of Justice says expungement is a judicial remedy that is rarely granted by the court and cannot be granted within the Department of Justice or by the President. People seeking expungement of a federal offense are told to contact the court of conviction. U.S. Department of Justice, Office of the Pardon Attorney, Frequently Asked Questions
- DOJ describes a presidential pardon as an expression of the President's forgiveness. It removes civil disabilities such as restrictions on voting, holding state or local office, or sitting on a jury, but it does not signify innocence, and the pardoned offense would not be removed from the criminal record. U.S. Department of Justice, Office of the Pardon Attorney, Frequently Asked Questions
- One narrow federal expungement provision: in a federal simple drug possession case handled with pre-judgment probation (no conviction entered), the court must issue an expungement order on application if the person was under 21 at the time of the offense. The order removes references to the arrest and proceedings from official records, except a nonpublic Department of Justice record. 18 U.S.C. § 3607, via govinfo.gov
- Example (California): the state court self-help site says true expungement does not exist in California, but there may be options to clean your record depending on your situation. Judicial Council of California, California Courts Self-Help Guide, Clean Your Record
- Example (Michigan): an application to set aside 1 felony conviction may be filed 5 or more years, and an application to set aside more than 1 felony conviction 7 or more years, after whichever occurs last: sentencing, completion of probation, discharge from parole, or completion of any prison term. Separately, an eligible felony conviction is automatically set aside 10 years after sentencing or completion of any state prison term, whichever is later; not more than 2 felony convictions can be set aside automatically, and assaultive crimes, crimes of dishonesty, and offenses punishable by 10 or more years are among those excluded. Michigan Supreme Court, State Court Administrative Office, Michigan Clean Slate Legislation Overview (MCL 780.621d, 780.621g)
- Example (Utah): the court self-help page lists a 7-year waiting period for a felony conviction, counted from the date the case finished or the date the person got out of jail or prison or ended probation or parole. It says a felony case may not be eligible for automatic expungement, and that once records are expunged no one can see them without permission from the court. Utah State Courts, Expunging Adult Criminal Records
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
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- Do I Need a Lawyer for a Misdemeanor?
- Federal Drug Charges: Penalties and Mandatory Minimums
- Federal Gun Charges: Felon in Possession, 924(c), and Penalties
- Federal vs. State Crimes: What's the Difference?
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- How Much Does a Criminal Defense Lawyer Cost?
- How Do Plea Deals Work?
- How to Appeal a Criminal Conviction
- How to Get a Public Defender
- Illegal Reentry After Deportation: Federal Charges and Penalties
- Should You Talk to Police Without a Lawyer?
- What Happens After an Arrest?
- What Is a Bench Warrant?
- Misdemeanor vs. Felony: What's the Difference?
- What Is an Arraignment?
- What Is Extradition?
- What Is Mail Fraud?
- What Is Wire Fraud?
- What to Do If You Have a Warrant
- Criminal Law by state
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.