Do Felonies Go Away? Understanding Expungement and Reporting Restrictions

The question, "Do felonies go away?" doesn't have a simple yes or no answer. Whether a felony conviction disappears from your record depends heavily on several factors, primarily the laws of your state and whether you've pursued expungement. This article will clarify the complexities surrounding felony disclosure and help you understand what to expect.

Expungement: Making a Felony Disappear

Expungement is the legal process of having a criminal record sealed or destroyed. When a felony is expunged, it's as if it never happened. This means it won't appear on background checks, and you are not legally obligated to disclose it. This is the most complete way a felony can "go away."

However, the process of expungement is not automatic. It requires a formal application to the court, often involving legal representation and demonstrating rehabilitation. Not all felonies are eligible for expungement; certain violent crimes and sex offenses are typically excluded. The waiting period before applying for expungement varies significantly by state.

State Laws and Reporting Restrictions: The Seven-Year Rule (and its Exceptions)

Even if a felony hasn't been expunged, state laws play a significant role in determining how long it remains reportable. Some states have implemented "ban-the-box" laws preventing employers from initially asking about criminal history. However, background checks are still possible later in the hiring process.

Many states also have laws limiting the reporting period for felonies, often setting a seven-year limit. This means background check companies might not report felonies older than seven years. Crucially, this seven-year limit doesn't apply universally. Several states don't have such limitations, while some apply restrictions only for certain job categories, particularly those with lower salary ranges. For instance:

• Ten states have a seven-year limit on reporting convictions, regardless of salary.
• Five states restrict reporting to convictions older than seven years, but only for jobs under $20,000 or $25,000 annually.

It's important to remember that even if a felony doesn't appear on a background check due to state reporting restrictions, it remains a matter of public record. The possibility of an employer finding out through other means, such as direct inquiry to the court, still exists.

The Fair Credit Reporting Act (FCRA) and its Limitations

The FCRA is a federal law impacting how background check companies operate. It sets a seven-year limit on reporting arrests without convictions, civil judgments, and certain other information for jobs under $75,000 annually. However, the FCRA does not restrict reporting of felony convictions, regardless of their age. State laws can override the FCRA in some instances, providing more stringent restrictions on reporting old convictions.

The Importance of Knowing Your State's Laws

The information above highlights the significant variations between state laws. Therefore, it's crucial to research and understand your state's specific laws regarding felony reporting and expungement. Consulting with a legal professional specializing in expungement is highly recommended if you're considering this process.

Clean Slate Laws: A Path to Record Sealing

Many states have implemented "clean slate" laws, which automatically seal or expunge certain criminal records after a specific period, often seven years. These laws aim to facilitate rehabilitation and reduce the long-term impact of past convictions.

However, clean slate laws usually have exclusions. Serious offenses such as sex offenses, violent crimes, and those involving firearms are typically not eligible. Even if eligible, there may be waiting periods before your record is automatically sealed. Several states with clean slate laws include California, Colorado, Connecticut, Delaware, Michigan, New Jersey, Oklahoma, Pennsylvania, Utah, and Virginia, but the specific criteria and timelines vary widely.

Do Felonies Really Go Away? The Bottom Line

So, do felonies go away? The straightforward answer is: it depends. A felony can truly disappear through expungement, effectively erasing its legal existence. State laws and reporting restrictions can limit the visibility of a felony on background checks even without expungement, but it remains a matter of public record. The possibility of an employer discovering old convictions through alternate methods still exists. Therefore, understanding your state's specific laws about expungement and reporting limitations is crucial in determining how a felony might affect your future. This necessitates proactively researching your state's laws or seeking legal advice when dealing with a felony record.

Do felonies go away?

The short answer is: it depends. Whether a felony "goes away" is determined by several factors, primarily state laws and whether the conviction has been expunged.

What is expungement?

Expungement is the legal process of removing a criminal record. Once a felony is expunged, it's legally considered to never have happened; it cannot be disclosed and will not appear on background checks.

How does the Fair Credit Reporting Act (FCRA) affect felony reporting?

The FCRA limits the reporting of arrests without convictions and certain other records to seven years for jobs under $75,000 annually. However, the FCRA does not restrict the reporting of felony convictions, regardless of how long ago they occurred.

Do all states have the same rules about felony reporting?

No. State laws vary significantly. Some states have laws limiting how long background check companies can report felony convictions (often seven years), while others do not. Some states even have stricter rules than the FCRA. Ten states currently have laws prohibiting reporting convictions older than seven years, regardless of salary, in some cases. Others have salary restrictions, limiting this to jobs under a certain pay threshold.

What are "clean slate" laws?

Many states have "Clean Slate" laws that automatically seal or expunge certain criminal records after a waiting period, often seven years. However, these laws typically exclude serious crimes like sex offenses, domestic violence, and firearm offenses.

Can employers still find out about my felony even if it's old?

Yes. While state laws and the FCRA might limit what shows up on a standard background check, employers could potentially discover old convictions through other means.

What if I've been convicted of a cannabis offense?

Some states have specific expungement laws for cannabis-related offenses, especially in light of changing cannabis legislation.

How long does it take to get a felony expunged?

The waiting period for expungement or for "Clean Slate" laws to take effect varies by state and the specific crime.

Does a felony conviction always prevent me from getting a job?

Not necessarily. Many jurisdictions have "Ban-the-Box" laws that prevent employers from asking about criminal history upfront in job applications. However, background checks are still often conducted later in the hiring process. In some cases, preemptively disclosing your felony conviction after receiving a conditional job offer might be beneficial.

In summary:

Whether a felony "goes away" is entirely dependent on your state's laws, whether your record has been expunged, and the specific circumstances of your case. It's crucial to check your state's laws and consider seeking legal advice for personalized guidance.