How Long Does a Felony Stay on Record?
A felony conviction can have a significant impact on a person’s life, making it challenging to find employment, secure housing, or even get a loan. One of the most common questions people ask is: how long does a felony stay on record? In this article, we’ll explore the answer to this question and provide an in-depth look at the different factors that affect the length of time a felony conviction remains on a person’s record.
The Basics of Felony Convictions
Before we dive into the specifics of how long a felony stays on record, it’s essential to understand the basics of felony convictions. A felony is a serious crime that is typically punishable by more than one year in prison. In the United States, the definition of a felony varies from state to state, but it is generally defined as a crime that is considered more severe than a misdemeanor.
How Long Does a Felony Stay on Record?
The length of time a felony stays on record varies depending on the state and the type of felony conviction. In general, a felony conviction can remain on a person’s record for anywhere from 5 to 10 years, although some states have longer or shorter retention periods.
State-by-State Retention Periods
| State | Retention Period |
|---|---|
| Alabama | 7 years |
| Arizona | 5 years |
| California | 10 years |
| Florida | 5 years |
| Georgia | 7 years |
| Illinois | 7 years |
| Michigan | 5 years |
| New York | 10 years |
| Ohio | 7 years |
| Texas | 5 years |
Note: The retention periods listed above are general guidelines and may vary depending on the specific circumstances of the felony conviction.
Factors that Affect the Length of Time a Felony Stays on Record
There are several factors that can affect the length of time a felony stays on record, including:
- Type of felony: Misdemeanor convictions, which are less severe than felonies, typically do not remain on a person’s record as long as felony convictions.
- State laws: As shown in the table above, different states have different retention periods for felony convictions.
- Sealing or expungement: Some states allow felony convictions to be sealed or expunged, which means that they are removed from the person’s record.
- Age of the conviction: In some states, felony convictions that are older than a certain age (e.g., 5 years) can be sealed or expunged.
- Commutation or pardon: In some cases, a person may be able to obtain a commutation or pardon, which can effectively remove the felony conviction from their record.
Sealing or Expunging a Felony Conviction
Sealing or expunging a felony conviction can be a complex and time-consuming process. In some states, it is possible to seal or expunge a felony conviction after a certain amount of time has passed, while in other states, it may be possible to do so through a petition to the court.
Benefits of Sealing or Expunging a Felony Conviction
Sealing or expunging a felony conviction can have several benefits, including:
- Improved job prospects: A sealed or expunged felony conviction may not be visible to potential employers, making it easier to find employment.
- Housing and education opportunities: A sealed or expunged felony conviction may not be considered in housing or education applications.
- Increased privacy: A sealed or expunged felony conviction is no longer publicly available, reducing the risk of discrimination or stigma.
Conclusion
A felony conviction can have a significant impact on a person’s life, but it is not necessarily a lifelong sentence. By understanding the length of time a felony stays on record and the factors that affect it, individuals can take steps to minimize the impact of their conviction and move forward with their lives. If you have been convicted of a felony and are concerned about the length of time it will remain on your record, it is a good idea to consult with an attorney who can help you navigate the process and advise you on your options.
