How Long Does a Felony Charge Stay on Your Record?
When someone is convicted of a felony, it can have a lasting impact on their life, including their reputation, job prospects, and ability to secure loans and credit. One of the most common questions people have after being convicted of a felony is how long the charge will stay on their record.
The Direct Answer:
The length of time a felony charge stays on your record varies depending on the state and jurisdiction in which you were convicted. In the United States, most states have a certain period of time after which a felony conviction is no longer considered a public record. This period of time is typically between 7-15 years, with some states having longer or shorter periods.
Understanding the Process:
The process of having a felony charge removed from your record is known as "expungement" or "sealing" the record. Expungement means that the original conviction record is physically sealed and cannot be accessed by the public or potential employers. Sealing the record, on the other hand, means that the conviction is hidden from public view, but the original record still exists and can be accessed by law enforcement or the court.
How to Check the Expungement Statute in Your State:
The first step in determining how long a felony charge will stay on your record is to check the expungement statute in your state. Here is a list of the states with their respective expungement statutes:
| State | Expungement Period |
|---|---|
| Alabama | 7 years |
| Alaska | 10 years |
| Arizona | 7 years |
| Arkansas | 7 years |
| California | 7 years (some crimes excluded) |
| Colorado | 10 years |
| Connecticut | 15 years |
| Delaware | 10 years |
| Florida | 7 years |
| Georgia | 7 years |
| Hawaii | 5 years |
| Idaho | 7 years |
| Illinois | 7 years (some crimes excluded) |
| Indiana | 10 years |
| Iowa | 7 years |
| Kansas | 7 years |
| Kentucky | 7 years |
| Louisiana | 5 years |
| Maine | 7 years |
| Maryland | 5 years |
| Massachusetts | 7 years (some crimes excluded) |
| Michigan | 7 years |
| Minnesota | 10 years |
| Mississippi | 7 years |
| Missouri | 10 years |
| Montana | 7 years |
| Nebraska | 5 years |
| Nevada | 7 years |
| New Hampshire | 5 years |
| New Jersey | 5 years |
| New Mexico | 7 years |
| New York | 10 years (some crimes excluded) |
| North Carolina | 15 years |
| North Dakota | 10 years |
| Ohio | 7 years |
| Oklahoma | 7 years |
| Oregon | 10 years (some crimes excluded) |
| Pennsylvania | 7 years |
| Rhode Island | 10 years |
| South Carolina | 7 years |
| South Dakota | 7 years |
| Tennessee | 7 years |
| Texas | 7 years (some crimes excluded) |
| Utah | 10 years |
| Vermont | 5 years |
| Virginia | 5 years |
| Washington | 7 years |
| West Virginia | 7 years |
| Wisconsin | 7 years |
| Wyoming | 10 years |
Key Considerations:
While understanding the expungement statute in your state is the first step, there are several other key considerations to keep in mind:
• Timing: In some states, the clock starts ticking on the expungement period from the date of the conviction, while in others it starts from the date of release from prison or probation.
• Certain Crimes Excluded: Some states have laws that exclude certain crimes, such as violent offenses, from expungement. It is essential to research the specific laws in your state.
• Felony Expungement Process: The process of expungement varies from state to state, with some requiring a petition to be filed and others having automatic expungement after the designated period.
• Post-Expungement: After a felony is expunged, it is no longer a public record, but it can still be accessed by law enforcement and the court. In some states, an expunged record can be considered a public record for the purpose of voting.
Conclusion:
A felony charge can have a lasting impact on an individual’s life, but knowing how long it will stay on their record can help them plan for their future. Understanding the expungement statute in your state is crucial, as it will help you determine how long a felony charge will stay on your record. It is essential to research the specific laws in your state, as they may have exclusions for certain crimes or varying expungement processes.
