How Long Does a Felony Stay on Your Record?

A felony conviction can cast a long shadow, affecting employment, housing, education, and voting rights long after a sentence is served. Understanding the persistence of a felony record and potential avenues for relief is crucial for individuals seeking to move forward.

Standard Timeframes

A felony conviction generally becomes a permanent part of an individual’s criminal history. Unlike minor infractions, it typically remains indefinitely in government databases unless specific legal steps are taken. Law enforcement agencies and courts maintain these records, often accessible for a person’s entire life. For instance, California’s Department of Justice usually keeps criminal history information until the subject turns 100.

This information is stored at state levels and often shared with federal databases, such as those maintained by the F.B.I. When someone is arrested and fingerprinted for a felony, the data is typically sent to the state’s central repository and may be forwarded to federal systems. This creates a lasting record used primarily for law enforcement and authorized background checks.

Completing a sentence, including probation or parole, does not automatically remove the felony from the record. It remains accessible through background checks for jobs, housing, professional licenses, and other purposes, subject to laws regulating access. While state laws vary, the default is that a felony conviction endures for decades, often permanently impacting various aspects of life.

Expungement or Sealing

Legal processes like expungement or sealing offer ways to limit the visibility and impact of a felony conviction, though they do not erase the event entirely. These options vary significantly by state but generally aim to remove the conviction from public view or restrict access to it.

Eligibility Factors

Eligibility for expunging or sealing a felony record depends on specific state criteria. A key factor is often the time elapsed since the conviction or, more commonly, since the completion of the entire sentence, including probation, parole, and payment of fines. Waiting periods for felonies can range from three to ten years or more. The type of felony is critical; many states exclude serious violent crimes, sex offenses, or crimes involving minors. An individual’s broader criminal history is also reviewed, often requiring only a single felony or limited prior offenses. Successful completion of all sentencing terms, like paying court-ordered restitution, is usually necessary. Some states may also require proof of rehabilitation.

Court Process

Seeking expungement or sealing typically involves petitioning the court where the conviction occurred. An individual files a formal application with details about the conviction, sentence completion, and reasons for the request, often including supporting documents. Filing fees, potentially ranging from $50 to over $300, are common, though waivers may be available. The petition is usually served to the prosecutor’s office, allowing them to object. A court hearing may follow, where a judge considers the petition, objections, and evidence, weighing the petitioner’s conduct against public safety concerns. If approved, the court orders relevant agencies to seal or expunge the record according to state procedures.

Denial Reasons

Courts can deny petitions for several reasons. Failing to meet basic eligibility requirements, such as applying too early or having disqualifying subsequent convictions, is common. Inaccuracies or omissions in the application can also lead to denial. Prosecutors might object based on the offense’s nature or public safety concerns. Even if technically eligible, a judge often has discretion and may deny the petition if it’s deemed not in the interest of justice or poses a risk to the public. Procedural errors, like improper notification or missed deadlines, can also result in denial.

Non-Expungeable Offenses

Not all felony convictions qualify for expungement or sealing. States typically exclude certain categories of offenses due to their severity. This reflects a legislative decision that public interest in maintaining access to records of serious crimes outweighs the individual’s interest in clearing their record.

Commonly excluded offenses involve serious violence, such as murder, kidnapping, arson, and armed robbery, often due to public safety concerns. Felony assaults, especially those causing severe injury or involving weapons, are frequently ineligible.

Sex offenses, particularly those involving minors or requiring sex offender registration like rape or child pornography, are almost always excluded. The perceived ongoing risk and the need to protect vulnerable populations underpin these exclusions.

Other ineligible felonies can include high-level drug trafficking, terrorism-related offenses, or crimes involving abuse of public office. Federal law is particularly restrictive, generally allowing expungement only for certain minor drug possession offenses committed before age 21 under a specific statute (18 U.S. Code Section 3607(c)), leaving most federal felonies ineligible.

Pardon Options

A pardon offers a different form of relief. Unlike expungement, which seals or removes the record from public view, a pardon is an official act of forgiveness by an executive authority—a state governor or the U.S. President for federal crimes. The conviction remains on the record, but a notation indicates a pardon was granted. This power usually stems from constitutional provisions.

Seeking a pardon involves applying to the relevant authority, like the Governor’s office or a designated board. Applications require details about the offense, the applicant’s life since, reasons for seeking the pardon, and sometimes recommendations. A waiting period after sentence completion, often five to ten years or more, is typically required. For federal pardons, the general waiting period is five years post-release or sentencing.

The review process may involve an investigation into the applicant’s conduct. Factors considered include the crime’s seriousness, evidence of rehabilitation, acceptance of responsibility, time passed, victim impact, and the applicant’s need for a pardon. The final decision rests with the executive authority.

A pardon primarily serves as official forgiveness and aims to restore civil rights lost due to the conviction, such as the right to vote, hold office, or serve on a jury, though specifics vary. Restoration of firearm rights often requires explicit mention or separate processes. While a pardon can lessen stigma and aid in employment or licensing, the conviction and the pardon typically appear on background checks.

Consequences of a Felony Record

A felony conviction brings significant “collateral consequences”—legal and regulatory restrictions that persist long after a sentence ends. Employment prospects are often severely affected. Many employers use background checks, and a felony can be a major barrier. While federal guidelines from the Equal Employment Opportunity Commission (EEOC) discourage blanket bans and suggest individualized assessments, many face rejection. The Fair Credit Reporting Act (FCRA) governs how background check companies report criminal history, generally allowing convictions to be reported indefinitely unless expunged.

Securing stable housing is another common challenge. Landlords frequently use background checks, and a felony can lead to denial. Public housing authorities often restrict access for individuals with certain convictions, potentially causing long-term instability.

Civic participation is also frequently curtailed. Many states restrict voting rights for those with felony convictions, sometimes permanently or until the full sentence, including parole, is completed. Serving on a jury is typically prohibited. A key federal law (18 U.S. Code Section 922(g)) broadly prohibits anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition, regardless of state law. Violating this carries severe federal penalties.

Access to licensed professions (healthcare, education, law, trades) can be restricted, as licensing boards may deny or revoke licenses based on felony convictions, often requiring a link between the crime and professional duties but allowing considerable discretion. While recent federal changes have eased restrictions on student aid related to drug convictions, a felony record might still hinder admission to certain educational programs. Access to other public benefits can sometimes be affected, particularly for specific felonies or non-compliance with supervision terms. These cumulative barriers highlight the profound challenges a felony record poses to full participation in society.