Will a 20-year-old felony show on a background check?
A felony will show indefinitely on a background check, so a 20-year-old felony will show on a person’s record for the rest of their life.
Written by Background Check Repair
Criminal Records | June 11, 2024
Table of Contents
Many people undergoing a background check often wonder, “how long does a felony stay on your record?”
Because different crimes garner different levels of punishment, the same is true for details that appear on background checks. Since felonies are the most serious crime, these tend to stay on the record longer than other infractions.
But, there is one big exception about how long a felony can stay on someone’s record…whether or not the felony has been ‘expunged,’ which seals it from the record and prevents it from showing up on a criminal background check.
Although traditionally, an expunged crime is one that is ‘erased’ from the criminal record, when considering felonies, many states now allow former convictions to apply for expungement, which although it doesn’t erase the record for good, it does prevent the conviction from appearing on employment background checks.
This means it would also not show on a pre employment background check which can save someone from a job offer being retracted following a background check.
But keep in mind that even as more and more states increase the ability to expunge felonies, some felonies can never be erased from the record.
However, there are a number that can if they meet certain conditions, such as:
This guide explains the state statutes and time limits related to having felony charges removed from the criminal record, and outlines how long the ones that can’t be erased are reported on out of state background checks (also known as level 2 checks and federal background checks).
And, of course, anyone can run a criminal background check on themselves to find out whether the felony will show up as well.
Many felony charges, such as robbery, manslaughter, drug trafficking, or reckless driving are reported on a criminal history check, but the answer to how long does a felony stay on your record depends on the state and other factors.
Crimes that cannot be erased a generally violent, such as murder and crimes involving children.
However, even without any action, there are 11 states where felony convictions will be ‘removed’ from showing up on a person’s criminal record after seven years, regardless of the charge.1 This is because these states have limits on background checks, preventing neighbors, friends, family and potential employers from accessing criminal records prior to that time.
But, in the other 39 states, felony crimes stay on the person’s permanent record (and show up on a background check) unless the person has it expunged by the court system.
Unlike a misdemeanor or a civil conviction, a felony charge remains available for law enforcement agencies to access, and many background checks will report them.
The fact remains that all states have their own laws concerning criminal and judicial activity. Although some federal laws are applied universally, over the past few decades, more and more states have overridden federal law to enact their own values.
Therefore, some states allow ‘some’ felonies to be sealed using the expungement process, while others do not. The following table outlines which ones:
States Where No Felony Can be Expunged | States that Allow Some Felonies to Be Expunged | States Where Most Felonies can be Expunged |
Montana | Wisconsin | Utah |
Nebraska | California | Oregon |
Texas | Colorado | Washington State |
Arizona | Nevada | |
Iowa |
For states that do allow a felony to be expunged (sealed), there are usually stipulations that must be met before the record is cleared. Common conditions include:
And, keep in mind that this type of sealing doesn’t erase the record, it simply removes the felony from public records. Therefore, law enforcement agencies may still see it (such as for federal background checks or government jobs).
How long does a felony stay on your record? The law varies depending on where the crime was committed, which can influence the duration of how long the felony charge is on the person’s criminal record.
For individuals who are worried, conducting a free-of-charge criminal background investigation can provide the answer to what will show up. The following table provides links to state laws concerning felony sealing, including the number of years it will stay on the record.
How Long A Felony Lasts in Each State | State Law | Number of Years a Felony Stays on Your Record |
How Long Does a Felony Stay on Your Record in Alabama | Alabama Statute12 | 2 years for misdemeanors, 5 years for felonies |
How Long Does a Felony Stay on Your Record in Alaska | Alaska Statute13 | Indefinitely |
How Long Does a Felony Stay on Your Record in Arizona | Arizona Statute14 | Until the person is 99 years old |
How Long Does a Felony Stay on Your Record in Arkansas | Arkansas Statute15 | 5 years before it can be expunged |
How Long Does a Felony Stay on Your Record in California | California Statute16 | Indefinitely |
How Long Does a Felony Stay on Your Record in Colorado | Colorado Statute17 | 3 years after disposition or release |
How Long Does a Felony Stay on Your Record in Connecticut | Connecticut statute18 | 7 years 10 years for Class D or E felonies |
How Long Does a Felony Stay on Your Record in Delaware | Delaware Statute19 | 5 years |
How Long Does a Felony Stay on Your Record in Florida | Florida Statute20 | 7 years |
How Long Does a Felony Stay on Your Record in Georgia | Georgia Statute21 | 4 years 7 years for violent and sex-related felonies |
How Long Does a Felony Stay on Your Record in Hawaii | Hawaii Statute22 | 7 years |
How Long Does a Felony Stay on Your Record in Idaho | Idaho Statute23 | 5 years |
How Long Does a Felony Stay on Your Record in Illinois | Illinois Statute24 | Indefinitely |
How Long Does a Felony Stay on Your Record in Indiana | Indiana Statute25 | 8 years |
How Long Does a Felony Stay on Your Record in Iowa | Iowa Statute26 | 8 years or 180 days after dismissed or deferred cases |
How Long Does a Felony Stay on Your Record in Kansas | Kansas Statute27 | 2 years |
How Long Does a Felony Stay on Your Record in Kentucky | Kentucky Statute28 | 5 Years after the persons’ sentence is completed or parole ends |
How Long Does a Felony Stay on Your Record in Louisiana | Louisiana Statute29 | 10 years |
How Long Does a Felony Stay on Your Record in Maine | Maine Statute30 | Indefinitely |
How Long Does a Felony Stay on Your Record in Maryland | Maryland Statute31 | Indefinitely |
How Long Does a Felony Stay on Your Record in Massachusetts | Massachusetts Statute32 | 7 years |
How Long Does a Felony Stay on Your Record in Michigan | Michigan Statute33 | 10 Years2 |
How Long Does a Felony Stay on Your Record in Minnesota | Minnesota Statute34 | 5 years |
How Long Does a Felony Stay on Your Record in Mississippi | Mississippi Statute35 | 5 years |
How Long Does a Felony Stay on Your Record in Missouri | Missouri Statute36 | 7 years before it can be expunged |
How Long Does a Felony Stay on Your Record in Montana | Montana Statute57 | 5 years 10 years for rape |
How Long Does a Felony Stay on Your Record in Louisiana | Louisiana Statute29 | 10 years |
How Long Does a Felony Stay on Your Record in Nebraska | Nebraska Statute37 | 10 years |
How Long Does a Felony Stay on Your Record in Nevada | Nevada Statute38 | 5 years Category B-E felony 10 years Category A felony |
How Long Does a Felony Stay on Your Record in New Hampshire | New Hampshire Statute39 | 5 years Class B felonies 10 years Class A felonies |
How Long Does a Felony Stay on Your Record in New Jersey | New Jersey Statute 40 | 10 years |
How Long Does a Felony Stay on Your Record in New Mexico | New Mexico Statute 41 | 6 years Fourth-degree felonies 8 years second-degree 10 years first-degree |
How Long Does a Felony Stay on Your Record in New York | New York Statute 42 | 7 years |
How Long Does a Felony Stay on Your Record in North Carolina | North Carolina Statute 43 | 10 years |
How Long Does a Felony Stay on Your Record in North Dakota | North Dakota Statute 44 | 5 years |
How Long Does a Felony Stay on Your Record in Ohio | Ohio Statute 58 | 3 years after one felony 4 years for two felonies 5 years for 3-5 felonies Indefinitely for Felony convictions F-4 or F-5 |
How Long Does a Felony Stay on Your Record in Oklahoma | Oklahoma Statute 45 | 10 years |
How Long Does a Felony Stay on Your Record in Oregon | Oregon Statute 46 | 10 years |
How Long Does a Felony Stay on Your Record in Pennsylvania | Pennsylvania Statute 47 | 10 years |
How Long Does a Felony Stay on Your Record in Rhode Island | Rhode Island Statute 48 | 10 years |
How Long Does a Felony Stay on Your Record in South Carolina | South Carolina Statute 49 | 20 years |
How Long Does a Felony Stay on Your Record in South Dakota | South Dakota Statute 50 | 5 years |
How Long Does a Felony Stay on Your Record in Tennessee | Tennessee Statute 51 | 5 years |
How Long Does a Felony Stay on Your Record in Texas | Texas Statute 52 | 3 years |
How Long Does a Felony Stay on Your Record in Utah | Utah Statute 59 | 7 years |
How Long Does a Felony Stay on Your Record in Vermont | Vermont Statute 53 | 10 years |
How Long Does a Felony Stay on Your Record in Virginia | Virginia Statute 54 | Indefinitely |
How Long Does a Felony Stay on Your Record in Washington | Washington Statute 55 | 5 years before it can be expunged |
How Long Does a Felony Stay on Your Record in West Virginia | West Virginia Statute 56 | 3 years |
How Long Does a Felony Stay on Your Record in Wisconsin | Wisconsin Statute 60 | 75 years Class A felony 50 years Class B – I felony |
How Long Does a Felony Stay on Your Record in Wyoming | Wyoming statute 61 | 10 years |
Having a felony and criminal conviction can harm a person’s life in many ways. Not only will they have a criminal charge on their permanent record, but it can hurt their financial standing, employment opportunities, and travel options.5
Varying circumstances will affect the answer to “how long does a felony stay on your record?” There are different types of felonies that can affect how long they stay on a person’s record. 6
Knowing the difference between a felony charge and a felony conviction is key to seeing what a person is charged with and how long it may stay on their record.
Felony Crime | Years the Felony Will Show up on a Background Check |
Drug Violation | 7 Years |
Aggravated Assault | Indefinitely |
Assault | 5 Years (before the record can be sealed) |
Domestic Violence | Indefinitely |
Grand Theft Auto | 7 Years |
Forgery | 7 Years |
Burglary | Indefinitely |
Violent Crimes | Indefinitely |
Child Crimes (any crime involving a child) | Indefinitely |
Kidnapping | Indefinitely |
Individuals who have been charged with a felony in the past may wonder if this will show up on a background check after 10 years. The short answer is yes — but it depends on the check. Since a felony conviction can typically last indefinitely on a person’s record, the employer’s specific time frame of the check (and state law) will determine if they find the felony on the record.
Knowing what will or will not appear on a background check and the answer to “how long does a felony stay on your record,” is just a matter of searching the type of crime and the state where it was committed.
A felony will show indefinitely on a background check, so a 20-year-old felony will show on a person’s record for the rest of their life.
A felony will show on a background check after 7 years unless it has been expunged or the records have been sealed.
A felony will show on a background check indefinitely unless the person has had their records sealed or expunged.10
A felony conviction will stay on a person’s criminal record indefinitely if nothing is done to remove it from the record. However, if the person has been unlawfully charged and they are innocent, they can take the necessary steps to have the conviction removed to expunge the charges.
All felonies will be reported on a background check, regardless of the class of felony. However, the FCRA allows felony arrests only to be included on background checks of up to 7 years. If the person was convicted, it will show on their record forever.11
In other words, the normal rules for states with 10-year background checks do not apply.
Driving while under the influence or driving while intoxicated can be considered a misdemeanor or felony. If the DUI were classified as a felony, it would remain on a person’s record forever. If the DUI was classified as a misdemeanor, it could be expunged by filing a petition for expungement. Regardless it will show up on an MVR report.
First and second-degree theft is considered a felony offense, whereas third-degree theft is a gross demeanor.
Individuals can get a felony expunged from their record if they meet the specific criteria of the state in which they were charged and petition the court for the expungement of their record.
Even if a felony is dismissed by a judge, there is a high chance it will still show up on a background check.
It depends on the reason for the harassment order as well as if the order of protection was violated which led to further criminal charges.
How long can a felony charge stay pending after a crime is committed? The answer depends on several factors including where the charges where filed and what crime was committed.
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