Does Your Criminal Record Clear After 7 Years? (Do This Instead)

Some sources estimate that as many as one-third of U.S. adults have some sort of criminal record, which causes many thousands of people to ask, does your criminal record clear after 7 years?

The quick answer is that in most states, it does not, and concerned individuals are best served by seeking expungement or sealing of records.

However, the good news is that many background checks won’t show criminal records that are older than 7 years.

So, although the answer to the question, does your criminal record clear after 7 years, is technically no (because law enforcement and other justice department agencies can still see these records), for most jobs and employment background checks, crimes committed longer than 7 years ago won’t be listed.

However, anyone can be sure that their record is clear for a background check by doing a name based criminal records search first.

After checking your record, use the following guide to make sure that criminal records are erased completely.

When Does Your Criminal Record Get Cleared? (Does Your Criminal Record Clear after 7 Years?)

An individual’s criminal record encompasses their complete history of criminal encounters. Anyone who has wondered what goes on a criminal record knows that the criminal record contains more than a list of guilty verdicts. It is a combined federal and state file that documents all of an individual’s arrests, charges, and convictions, including those arrests and charges which did not lead to guilty verdicts.²³

It’s understandable why so many people have asked “Does your criminal record clear after 7 years?” and why this idea has carried on through the years. This article looks at current state laws and stances regarding criminal record clearing and illuminates the Fair Credit Reporting Act⁴² 7-year rule which is so often entangled with the idea of automatic record clearing. In most cases, an individual’s criminal record will not be cleared until they take the proper legal steps to seal or expunge a said record, but recent legislation in states across the U.S. is changing this process.

Does Your Criminal Record Clear After 7 Years?

For anyone who is still looking for a clear answer to “Does your criminal record clear after 7 years?” the most direct response to this query is that most of the time it does not. In the vast majority of cases, a person’s criminal record sticks with them indefinitely until the record is actively expunged or sealed by the person in question. Although almost all of the states in the U.S. have a process that allows individuals to petition for their arrest records, non-convictions, and sometimes even convictions to be expunged or sealed after the state-specified time has elapsed, most of these states do not have a process currently in place to streamline the process for automatic criminal record clearing. This means that an individual usually has to initiate and navigate the expungement/record sealing process themselves or with the help of an attorney, which is both complex and costly.²³

There are a few exceptions touched on briefly here and looked at in more depth in later sections. Approximately twenty states now have some provision for the automatic clearing of arrests and/or non-convictions.^{20, 29}

A handful of other states (California, Colorado, Connecticut, Delaware, Michigan, Oklahoma, South Dakota, and Utah) have passed legislation that automates record clearing/sealing/expungement for eligible misdemeanors after a period of seven years or less.²⁹ Pennsylvania’s criteria are 10 years for most misdemeanors.

Many of these automated systems are not yet up and running, but can be expected to facilitate and expedite the record-clearing process when they are.

After 10 Years, Does Your Criminal Record Clear?

Ten years is another commonly held time frame that people believe will free them from their criminal history. In most states and situations, this is not the case. But, building on the previous section, perspectives on this are changing and several states are developing systems to automate parts of the record-clearing process. The states mentioned above have passed laws to clear certain misdemeanors automatically after 5-7 years.

Additionally, a few states (Colorado, Connecticut, Delaware, and Michigan) have also passed laws that will automate the process of clearing specific, eligible felonies after a period of 10 years. Michigan was the first state to make this progressive move, and its system will go into effect in April 2023 (see Michigan House Bill No. 4980).⁴³

When Does Automatic Expungement of Criminal Records Occur?

At this time, automatic expungement of criminal records rarely occurs, and the vast majority of states require individuals who are eligible for expungement to complete an application and navigate the proper legal pathways to seal or expunge their records. This process is a huge hassle that typically costs a considerable amount of time and money. These are some of the factors which likely contributed to 2020 the University of Michigan study⁴⁴ findings that more than 90% of eligible individuals do not apply for expungement or sealing even though it is a necessary task for people attempting to overcome a rocky past.¹⁵

In response to this, a movement known as the Clean Slate Initiative (CSI)¹¹ has been making strides across the United States since its founding in 2019, partnering with individual states to enact legislation that allows individuals with criminal records greater and easier access to expungement and record sealing. In essence, this movement is creating the opportunity for a second chance for millions of Americans.²⁰

Many laws about when a criminal record is cleared have been issued at the federal level. While this is good for federal crimes, states have their own specific laws regarding how long crimes show up on background checks.

A Congressional bill entitled “Clean Slate Act of 2021”⁴⁵ was introduced to the Senate in April 2021, but it has not yet been passed. The state governments have seen a bit more movement, creating promising policy changes across the nation.

The next few sections explore how various states are approaching the “Clean Slate” policy. Take a look at the tables below for information on the states with automatic record-clearing policies in place or in progress.

States With “Clean Slate” Legislation for Both Non-Convictions and Convictions

The following table looks at the states with active “Clean Slate” legislation. Pennsylvania was the pioneer in automatic record clearing, enacting the first clean slate legislation of its kind in 2018, and Michigan’s law passed in 2020 is considered the most progressive to date.¹⁵ This is an ever-evolving area, so it’s important to stay up-to-date on the laws in each state.¹⁰

Note that many of the new laws have been recently passed, and the automated systems may not yet be up and running. Putting the laws into effect will take some time.

^Although “automatic relief” has been available in California since 2019, set-aside records were still accessible to CRAs and the public at large. As of August 2022, all set-aside records should be sealed from public view.

*Sealed or “set aside” records are usually still available to the courts and law enforcement and sometimes employers who can demonstrate the need for this information. The records are no longer publicly accessible.

States With “Clean Slate” Movements In Progress

Additional states are in the process of developing “Clean Slate” policies or have Clean Slate campaigns that the public could potentially see passed into laws within months or years.¹⁰

States With Automatic Clearing for Arrests and Non-Convictions Only

The tables above provide comprehensive information on the states which have and are in the process of enacting laws to automatically expunge criminal convictions. However, there are several additional states with policies to automatically clear arrests and/or non-convictions from criminal records.

Additionally, the states of Illinois, New Mexico, Vermont, and New York have automatic record sealing in place for marijuana-related offenses.²⁷

What Criminal Offenses Can Become Sealed Records After 10 Years?

Individuals who are able to seal or expunge their records are strongly encouraged to do so as soon as they are eligible. Although every state has different laws concerning expungement or sealing availability and process, there are some general consistencies across the states in which types of criminal offenses can be sealed.

Most states allow arrests and non-convictions to be sealed after a specified period of time. This sometimes excludes felony arrests and felony charges that were dismissed, and these may have to go through a more elaborate process.

Though there are a few exceptions, almost all of the states allow misdemeanor offenses to be sealed after a period of seven to ten years (sometimes less) or after deferred adjudication is completed. In some states, there may be limits on how many misdemeanor offenses can be sealed within a given time or within a person’s lifetime. Also, there are often stipulations put upon misdemeanors that were violent or sexual in nature (domestic violence, assault, indecent exposure).

Some states even allow eligible felony offenses to be sealed after all sentence terms have been carried out. Some states limit an individual to one felony expungement/sealing per lifetime.³⁰ As noted in the table above, a few states have even automated this process to occur after ten years have elapsed.

However, there are many notable exceptions and criminal offenses that are almost never eligible for sealing or expungement. These crimes are usually violent or sexual in nature. A few examples include:²³

• Abuse of a vulnerable adult or child
• Sexual crimes
• Child pornography
• Murder

Most drug-related crimes can be sealed. Note that driving offenses that are sealed on a criminal record can still show up on a driving record.

What Is the FCRA 7-Year Rule: Criminal Records? (The 7-Year Rule: Background Check)

Individuals wondering “Does your criminal record clear after 7 years?” are often concerned about the impact of their criminal record upon rental or employment background checks. These concerns are well-founded, as individuals with criminal records often have trouble securing housing or well-compensated work. So what does the Fair Credit Reporting Act actually say about criminal record reporting on background checks?

Some states, like Delaware, have laws about the mandatory expungement process, making it automatic after a specific period of time.

Fair Credit Reporting Act background checks encompass all background checks which are conducted on an individual for official purposes, such as employment, loans, and housing. The FCRA requires that specific steps are followed during the background check process, and it also has stipulations on what can be reported.

Specifically, the FCRA prohibits reporting any adverse information more than seven years old, excluding criminal convictions. Examples of “adverse information” include civil suits, debt collections, paid tax liens, and arrest records. It does not include employment verification, as this information is considered neutral and not adverse, and bankruptcy cases are limited to a 10-year look-back period.¹⁶ Note: The FCRA rule does not apply to cases where the background check is being used for these purposes:

• Credit transactions greater than $150,000
• Underwriting of life insurance greater than $150,000
• Employment at an annual salary equal to or greater than $75,000

Though the restrictions do not impact reporting of criminal convictions, they do impact criminal record reporting in other ways: remember that criminal records also include records of arrest and non-convictions. Thus, no matter which state an individual lives in, arrest records and non-conviction records that did not result in a conviction, is not reported after 7 years.¹

There has been some confusion about how the 7-year window is defined. In cases of arrest records, the seven-year window begins at the date of arrest. For non-convictions, the seven-year window begins on the date of the charge, not the date when charges were dismissed or the date of disposition.³⁷

How Long Does a Felony Stay on Your Record for a Background Check?

For individuals with a felony offense on their record who are undergoing a rental background check or pre-employment background check, what shows up on their criminal record report can be cause for anxiety. A felony conviction is the most serious mark a person can have on their criminal record, and moving forward as a convicted felon can be challenging because there are no federal restrictions limiting felony reporting.

However, it is important to note that not all felonies carry the same weight or are viewed the same.For example, asking do felonies go away after 7 years depends on a number of factors.

Therefore, how long does a felony stays on your record for a background check depends upon the following factors:

• The type of felony
• The reason for the background check
• The state of residence
• If the felony is expunged/sealed

Type of Felony: The type of felony on a person’s record is extremely important in determining how long it shows up on a background check. Violent and sexual crimes (e.g. murder, rape) are very extreme examples and will most likely appear on a background check for an individual’s lifetime. Less severe felonies, such as robbery, fraud, and many drug offenses can be expunged in many states, and may not be reported on some background checks after a period of time.

Reason for Background Check: The reason for the background check is also central to the discussion. Background checks for employment in healthcare and education settings are likely to look at felonies further in the past than many other jobs and can even request exceptions to extend felony reporting in states where it is restricted.³⁹

State of Residence: Not only is the state of residence important because of sealing and expungement laws, but it is also important because many states have individual reporting statutes as well. The states of California, Kansas, Maryland, Massachusetts, Montana, New Mexico, New York, New Hampshire, and Washington have adopted the 7-year rule to apply to conviction reporting, as well.¹

Note: There are usually restrictions on the 7-year conviction reporting standard in these states, such as in Kansas where the rule only applies for jobs paying less than $20,000 per annum.³⁴

Whether Felony is Expunged/Sealed: There is some overlap here with previous sections, but less severe felonies are sometimes expugnable in various states. A felony that has been expunged or sealed should not appear on a background check (government background checks are often an exception).

Will a Felony Show Up on a Background Check After 10 Years?

Whether a felony shows up on a background check after ten years depends in large part upon who is conducting the background check. While the average employer or landlord may choose to only request a background looking back seven to ten years, certain industries (healthcare, childcare, government) are likely to look beyond ten years.

Additionally, states with restrictions on conviction reporting often have exceptions in place for jobs paying over a specified amount.

How Long Do Misdemeanors Stay on Your Record for a Background Check?

Misdemeanor convictions are less serious than felonies, yet in most states and situations, misdemeanors still remain on the criminal record indefinitely, unless an individual takes action to expunge them.^{4, 23} (See the “Automatic Expungement” section above for developments in this area). However, this does not mean that a misdemeanor will show up on every background check an individual undergoes during their lifetime.

In fact, the vast majority of background checks are limited in scope, and those which do investigate criminal history are often looking specifically for recent crimes, a pattern of criminal behavior, or severe criminal offenses such as violent felonies.

More and more employers are limiting investigative background checks to the most recent seven to ten years, as the Equal Employment Opportunity Commission⁴⁶ and state policies push for greater hiring inclusion and discretionary consideration of criminal history in hiring.^{6, 16} The background checks which are likely to see misdemeanors beyond this are those conducted for government purposes or for use in vulnerable populations as these background checks are often required to look back at least ten years.³⁷

Does a Misdemeanor Show Up on a Background Check After 7 Years?

While it is possible for a misdemeanor to show up on a background check after seven years have elapsed, it is not likely. Some states are now automating the clearance of misdemeanors from criminal records after a period of five to seven years, so in these instances, a misdemeanor offense would certainly not show up on a background check.

Many other states allow for expungement or sealing of misdemeanors after a period of time (often around seven years), and any sealed or expunged record should not show up on a background check. Note: Government background checks are the exception here.

Additionally, many states have limited the look-back period for convictions to seven years (e.g. California, Kansas, Maryland, Massachusetts, Montana, New Mexico, New York, New Hampshire, Washington), and employers are increasingly moving towards more inclusivity and forgiveness in hiring.¹

Does a Misdemeanor Show Up on a Background Check After 10 Years?

It is unlikely that a misdemeanor older than 10 years will show up on a background check for several reasons.³⁹ Most employers are more concerned about severe crimes or violent crimes when conducting background checks. The vast majority of misdemeanors are not violent offenses and do not pose the same level of potential threat to the workplace.

Employers are often more concerned with a recent criminal history and increasingly, they are moving away from excluding individuals for crimes in the distant past.

What Are Some Misdemeanors That Prevent Employment?

In most situations, it is possible for individuals to obtain jobs with misdemeanor convictions on their records, but there are some potential exceptions.³⁶ How misdemeanors impact an individual’s employability depends largely on four factors:

• The recency of the offense
• The quantity of offenses
• The type of misdemeanor
• The type of job and employer

The Recency of Offense: A misdemeanor crime committed five years ago is likely to have less bearing upon an employment application than a misdemeanor offense within the last few months. An individual’s ability to demonstrate change and growth depends a lot upon the amount of time that has passed.

Quantity of Offenses: While a single misdemeanor offense may be interpreted as a mistake or lapse in judgment, a pattern of repeated offenses is more likely to be interpreted as evidence of problematic behavior and personality.

Type of Misdemeanor: Not all misdemeanors are weighted the same. In some states, a person can be changed with an “aggravated” misdemeanor which is a step between misdemeanor and felony. Additionally, misdemeanors involving violence, drugs, and theft may impact employment more than a vandalism or trespassing charge.

Type of Job and Employer: Some companies and employers are more stringent than others when reviewing background checks for hire. In general, some employers are going to be less flexible than others. A quick internet search before applying can save individuals valuable time.

From a more specific angle, certain misdemeanors can create difficulties when applying for certain types of jobs. For example, a misdemeanor DUI may preclude employment as a taxi driver, Uber or Lyft rideshare driver, bus driver, and so on. A misdemeanor conviction for theft or fraud may make it difficult to secure a job at a bank. Meanwhile, a misdemeanor drug conviction can make it tough to find work in the medical field.³⁶

These are just a few examples, but applicants should always consider the type of misdemeanor in light of the type of job being sought.

How to Pass a Background Check With a Misdemeanor

Many individuals have wondered how to pass a background check, especially with a criminal conviction on their record. For the majority of jobs a person might apply for, the employer is probably looking to identify individuals who have exhibited violent and deceptive behavior that could be problematic in the workplace. Many employers are increasingly lenient with misdemeanor crimes, particularly outside of the specific scenarios discussed in the previous section. There are four things that all individuals with a misdemeanor on their criminal record should do to ensure they pass a background check.

1. Seek to expunge or seal the criminal record at the earliest possible date.

Though most jobs are unlikely to refuse employment on the grounds of a single misdemeanor offense, no criminal record is always preferable. Research expungement laws in the state of residence and contact an attorney if legal help is desired.³⁶

2. Apply to jobs that are less likely to be impacted by the specific offense (e.g. search for jobs without driving requirements if a DUI record is a concern).

Context is everything when applying for jobs, and having the right profile for the job is key. In other words, ensure that skill and education requirements are met and that there is nothing in the criminal history report that would preclude the type of work sought. Learn how to get a criminal background check to see the full criminal history report today.

3. Disclose any past criminal offenses (particularly if they are likely to show on a background check) to the employer.

Understandably, employers are often more upset about applicants concealing their criminal pasts than they are about the offenses themselves. Honesty in the workplace is of utmost importance, and employers need to feel that they can trust their employees to communicate openly, even in delicate matters. Use this opportunity to explain the circumstances of the conviction and demonstrate personal growth.⁴⁰

4. Bring strong references to the table.

References are incredibly valuable in showcasing an applicant’s skills, work ethic, disposition, and general employability. Strong references which highlight an applicant’s work history can overcome many obstacles.³⁶

It is often difficult for individuals to bounce back from a criminal conviction to become thriving members of the workforce and society at large. Although criminal records are not automatically cleared in most states, there are steps that people can take to increase their opportunities and chances of succeeding. The answer to the question “Does your criminal record clear after 7 years?” is not the end of the story, but a guidepost to how persons with criminal records can move forward with their lives.

If You Are Charged But Not Convicted, Does it Go on Your Record?

Not all arrests result in convictions. Furthermore, not every person who is charged with a crime is convicted. Hence, many people who ask “Does your criminal record clear after 7 years?” may be specifically wondering about criminal charges that did not result in convictions. (See Charged But Not Convicted Background Check Rules (2022 Laws))

The simplest answer is that arrests and charges not leading to conviction are still part of criminal records.²² However, non-conviction charges are easier to expunge or seal than charges which resulted in a conviction, and fortunately, approximately a large minority of states have a provision in place to automatically clear non-conviction records. Furthermore, the FCRA’s 7-year reporting rule does apply to criminal charges not ending in conviction, meaning that charges are unlikely to appear on most background changes after the seven-year mark has passed.¹

How Can I Get My Record Expunged for Free?

Unfortunately, “expungement” and “free” are two words that don’t go together easily. For individuals who live in one of the few states with laws for “automatic” expungement, it should be cost-free, but even in states that have “mandatory expungement,” the individual is usually required to pay a fee to the state.¹⁷

Expungement is generally a complex and lengthy process that requires detailed paperwork in addition to character evidence which may be requested in some cases.¹⁹ Working with an attorney is the best way to navigate the expungement process correctly, but it can often cost thousands of dollars. Individuals who choose not to use an attorney during the expungement process can still expect to pay several hundred dollars for the expungement fee (For example, in the Kentucky Court⁴⁷ system, the total cost for a felony expungement is $300.)

Sealing records is often much less expensive than expungement, and may be a good option for individuals who are ineligible for expungement or live in a state where expungement is not available (see New York Courts).⁴⁸

Frequently Asked Questions About Does Your Criminal Record Clear After 7 Years