How Long Does a Felony Stay on Your Record? (2026)

A felony conviction stays on your criminal record permanently. Unlike arrests or minor offenses, there is no statute of limitations that causes a felony to disappear from your record after a certain number of years. Without taking legal action to expunge, seal, or obtain a pardon, the conviction remains visible on background checks indefinitely.

However, many states now offer paths to clear felony records through expungement, record sealing, or automatic Clean Slate laws. This guide covers how long a felony stays on your record, which states allow expungement, what rights you lose with a felony, and how to restore them.

The Short Answer: Permanently

A felony conviction does not expire. Under the federal Fair Credit Reporting Act (FCRA), felony convictions can be reported on background checks forever. The 7-year reporting limit that many people reference applies only to arrests that did not result in a conviction, not to actual convictions.

The only ways to remove a felony from your record are:

• Expungement or record sealing (available in many states, with restrictions)
• Governor pardon (does not erase the record but restores rights and adds a notation)
• Presidential pardon (federal felonies only; record shows both conviction and pardon)
• Automatic Clean Slate clearing (available in 13 states + D.C.)

States That Allow Felony Expungement

Most states now offer some path to felony expungement, though eligibility varies dramatically. Violent felonies, sex offenses, and crimes against children are almost universally excluded.

State	Waiting Period	Key Details
California	1-2 years	PC 1203.4 dismissal; automatic for many offenses
Colorado	10 years	Clean Slate Act (July 2025); violent felonies excluded
Connecticut	7 years (auto)	Clean Slate; automatic sealing
Delaware	5 years (auto)	Clean Slate; Class A-D felonies excluded
Illinois	3 years (auto)	13th Clean Slate state (2025)
Indiana	5-8 years	IC 35-38-9 Second Chance Law
Kentucky	5 years	Class D felonies only
Maryland	Varies	Expungement Reform Act (Oct 2025) expanded eligibility
Michigan	7-10 years (auto)	Clean Slate; up to 2 felony convictions
Minnesota	2-4 years (auto)	Clean Slate (Jan 2025); 1.5M+ records sealed
Missouri	3-7 years	Automatic expungement (Aug 2025)
New Jersey	5 years	Clean Slate; many felonies eligible
New York	3-8 years (auto)	Clean Slate Act (Nov 2024); auto-sealing
North Carolina	10 years	Limited to certain non-violent felonies
Ohio	1-3 years	Broad eligibility; F4/F5 after 1 year
Oklahoma	5 years	Automatic for many nonviolent offenses
Pennsylvania	7-10 years (auto)	First Clean Slate state (2018)
Utah	5-7 years	Clean Slate; automatic + petition-based
Virginia	Varies	New provisions effective July 2026
Washington	5-10 years	Class B: 10 years; Class C: 5 years

States with No Felony Expungement

Several states do not allow felony convictions to be expunged:

• Florida: Convictions cannot be expunged (only dismissed or withheld adjudication cases)
• Texas: Convictions cannot be expunged (non-disclosure orders available for deferred adjudication)
• Arizona: No true expungement, but set-aside and record sealing (ARS 13-911, enacted 2023) available

What Cannot Be Expunged (Nearly Universal)

• Violent felonies (murder, assault, robbery)
• Sex offenses and offenses requiring sex offender registration
• Crimes against children
• First-degree felonies in most states
• Domestic violence felonies
• DUI/OWI in many states (see our DUI Expungement guide)

Clean Slate Laws: Automatic Expungement

13 states plus D.C. have passed Clean Slate legislation that automatically clears eligible criminal records without requiring the person to file a petition.

State	Year Enacted	How It Works
Pennsylvania	2018	First Clean Slate state; auto-sealing of eligible records
Utah	2019	Automatic identification of eligible cases
Michigan	2020	Auto-expungement after 7-10 years; up to 2 felonies
Connecticut	2021	Automatic erasure of eligible convictions
Delaware	2021	Automatic expungement; Class A-D felonies excluded
Oklahoma	2022	Automatic for many nonviolent offenses
Colorado	2022	Full implementation July 2025; DUI excluded
New Jersey	2019	Automatic expungement of eligible records
Virginia	2021	Delayed implementation to July 2026
California	2022	Automatic relief; DOJ identifies eligible cases
Minnesota	2023	Effective Jan 2025; 1.5M+ records sealed in first months
New York	2024	Effective Nov 2024; 3 years (misdemeanor), 8 years (felony)
Illinois	2025	13th Clean Slate state

A federal Clean Slate Act (H.R. 3114) was introduced in 2025 but has not been enacted.

Federal Felonies

Federal felony convictions generally cannot be expunged. The only narrow exception is first-offense simple drug possession under 18 U.S.C. 3607, where the court may dismiss the proceedings after probation completion.

A presidential pardon does not erase a federal felony from your record. Both the conviction and the pardon appear on the record. However, a pardon restores civil rights and removes the legal disabilities associated with the conviction.

How a Felony Affects Your Life

Employment

The EEOC requires employers to conduct an individualized assessment rather than imposing blanket bans on hiring people with felony records. Factors include the nature of the offense, time elapsed, and relationship to the job.

37 states plus D.C. have enacted Ban the Box laws that prohibit employers from asking about criminal history on initial job applications. These laws delay background check inquiries until later in the hiring process.

Despite these protections, researchers have cataloged more than 6,000 mandatory licensing barriers tied to criminal records across states.

Housing

HUD guidance states that blanket "no felons" policies by housing providers may violate the Fair Housing Act if they disproportionately affect protected classes. Landlords must conduct individualized assessments considering the nature of the offense, time elapsed, and evidence of rehabilitation.

Voting Rights

Voting rights restoration varies dramatically by state:

Category	States
No disenfranchisement (felons never lose voting rights)	Maine, Vermont, D.C.
Rights restored upon release from prison	21 states
Rights restored after prison + parole	~15 states
Rights restored after prison + parole + probation	~8 states
Permanent loss for some offenses	Alabama, Mississippi, Tennessee (with exceptions)

Gun Rights

Federal law (18 U.S.C. 922(g)) permanently prohibits anyone convicted of a felony from possessing firearms or ammunition. This applies regardless of the type of felony and regardless of state expungement. Limited restoration paths exist through presidential pardon or state-level relief in some jurisdictions.

Professional Licensing

Felony convictions can bar individuals from professional licenses in fields including law, medicine, nursing, teaching, real estate, and financial services. An estimated 45,000 collateral consequences exist across all states and federal law.

Background Checks

Under the FCRA, criminal background check companies can report felony convictions indefinitely. However, some states impose limits:

• California, New York, Texas: 7-year limit on reporting convictions for positions paying below a certain salary threshold
• Most other states: No time limit on conviction reporting

After expungement, the conviction should not appear on standard background checks. However, certain government agencies, law enforcement, and licensing boards may still access sealed or expunged records.