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How long are felony records kept?

How Long are Felony Records Kept?

When it comes to felony records, the question of how long they are kept is a common concern for individuals who have been convicted of a felony. The answer to this question varies depending on the jurisdiction, the type of felony, and the specific laws and regulations in place. In this article, we will explore the different factors that affect the length of time felony records are kept and provide a general overview of the typical retention periods.

Federal Felony Records

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In the United States, federal felony records are typically kept for a minimum of 7 years, but can be retained for up to 20 years or more. The Federal Bureau of Investigation (FBI) maintains a database of criminal records, known as the National Crime Information Center (NCIC), which includes information on felony convictions. The FBI also has a database of fingerprints, known as the Integrated Automated Fingerprint Identification System (IAFIS), which is used to identify individuals and track their criminal history.

State Felony Records

State felony records are typically kept for a minimum of 5-7 years, but can be retained for up to 10-20 years or more. Each state has its own laws and regulations regarding the retention of felony records, and the length of time they are kept can vary significantly. For example:

  • California: Felony records are typically kept for 10 years, but can be retained for up to 20 years or more.
  • New York: Felony records are typically kept for 5 years, but can be retained for up to 10 years or more.
  • Texas: Felony records are typically kept for 7 years, but can be retained for up to 10 years or more.

Local Felony Records

Local felony records are typically kept for a minimum of 5-7 years, but can be retained for up to 10-20 years or more. Local law enforcement agencies and courts maintain their own records of felony convictions, and the length of time they are kept can vary depending on the jurisdiction.

Sealing and Expungement

In some cases, felony records can be sealed or expunged, which means that they are removed from public view and are no longer considered part of an individual’s criminal history. The process of sealing or expunging a felony record varies depending on the jurisdiction and the specific laws and regulations in place. For example:

  • California: Felony records can be sealed or expunged after a certain period of time, typically 7-10 years, depending on the type of felony and the individual’s criminal history.
  • New York: Felony records can be sealed or expunged after a certain period of time, typically 5-10 years, depending on the type of felony and the individual’s criminal history.
  • Texas: Felony records can be sealed or expunged after a certain period of time, typically 5-10 years, depending on the type of felony and the individual’s criminal history.

Table: Felony Record Retention Periods by State

StateMinimum Retention PeriodMaximum Retention Period
California10 years20 years or more
New York5 years10 years or more
Texas7 years10 years or more
Florida5 years10 years or more
Illinois5 years10 years or more
Ohio5 years10 years or more

Conclusion

The length of time felony records are kept can vary significantly depending on the jurisdiction, the type of felony, and the specific laws and regulations in place. While some states and local jurisdictions may retain felony records for a minimum of 5-7 years, others may retain them for up to 20 years or more. It is important for individuals who have been convicted of a felony to understand the laws and regulations regarding the retention of their records and to take steps to seal or expunge their records if possible.

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