How Long Do Felonies Stay on Your Record? A Comprehensive Guide
A felony conviction significantly impacts your life, leaving a lasting mark on your record. Understanding how long this mark remains is crucial for planning your future. The answer, unfortunately, isn't a simple one-size-fits-all. The length of time a felony stays on your record depends on several factors, including the state where the conviction occurred, the specific crime, and whether you've successfully completed any expungement or sealing processes.
What Does "On Your Record" Mean?
Before we delve into timelines, let's clarify what "on your record" entails. A felony conviction appears on several databases:
- Criminal History Records: These are maintained at the state and sometimes federal level. Law enforcement agencies, potential employers conducting background checks, and courts access these records.
- Background Check Databases: Commercial background check companies compile data from various sources, including criminal history records. These reports are often used by employers, landlords, and others during the vetting process.
It's important to understand that even if a felony is expunged or sealed, it might still be accessible to certain entities, such as law enforcement.
How Long Does a Felony Stay on Your Record for Background Checks?
This is where things get complex. There's no single national standard. Many states have specific laws regarding how long criminal records are retained by different entities. Some states might retain felony records indefinitely, while others have time limits. Furthermore, the type of background check—state-level, federal-level, or commercial—influences what information is revealed and for how long.
Can You Get a Felony Expunged or Sealed?
Yes, many states offer processes to expunge or seal felony records. This doesn't erase the conviction from existence, but it makes it less accessible to the public. The eligibility criteria vary widely by state and often depend on the nature of the offense, your criminal history, and whether you've successfully completed probation or parole.
What is the Difference Between Expungement and Sealing?
While both expungement and sealing limit access to your felony record, they are distinct processes. Expungement typically involves the destruction or removal of the record, while sealing keeps it in existence but restricts access.
What Happens After a Felony Conviction is Expunged or Sealed?
After a successful expungement or sealing, you can legally answer "no" to questions about felony convictions on job applications or other forms, except in cases where the law specifically requires you to disclose it. However, this doesn't guarantee that the record won't resurface in certain circumstances.
How Long Does a Felony Stay on Your Record for Employment Purposes?
Employers’ practices vary widely based on industry, company policy, and the specific nature of the job. Some employers might have a strict policy against hiring individuals with felony convictions, regardless of the record's status. Others may consider expunged or sealed records less impactful.
How Long Until a Felony is No Longer Considered a Felony?
A felony remains a felony. Expungement or sealing doesn’t change the classification of the crime, only its accessibility.
Where Can I Find More Information About My State's Laws?
You should consult your state's attorney general's office, bar association, or a legal professional specializing in criminal records. They can provide the most accurate and up-to-date information about your specific circumstances.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Consult with a legal professional for guidance regarding your specific situation and jurisdiction. Laws related to expungement and sealing of criminal records are constantly evolving, so staying updated is critical.
