How long does a felony or misdemeanor stay on your record?

Court and police records of a felony or misdemeanor generally do not expire on their own. They stay until a court or a state law seals, expunges, sets aside or otherwise clears them.^1,2

Minnesota's courts say that district court records are public and remain public unless expunged by law or court order, or destroyed under the courts' retention schedules. Its example is a person whose arrest and conviction were 10 years ago. The same page says a person's Minnesota record includes any felony, gross misdemeanor, misdemeanor or petty misdemeanor ever charged. New York's courts say that if you have been arrested for a crime, there is a record of it, and they list the places that keep it: the state criminal justice agency, the FBI, credit reporting agencies and the court system. Each state sets its own way to clear a record, and the state pages on this site list them.

California's courts say that true expungement does not exist in California. There may be other ways to clean a record, depending on the person's situation.^3,4

The California court guide has separate pages for an arrest with no conviction, a misdemeanor, a felony conviction, juvenile records and pardons. For a misdemeanor, it says you can ask the court to dismiss the conviction if you have no new cases pending and are not on probation or parole.

For a federal conviction, the U.S. Department of Justice says expungement is a judicial remedy that is rarely granted, and that neither the Department nor the President can grant it.⁵

The Office of the Pardon Attorney says that if you are seeking expungement of a federal offense, you should contact the court of conviction. It says states have different procedures for expunging or clearing a state conviction, and points people to the Governor or Attorney General of the state where they were convicted.

Under the federal Fair Credit Reporting Act (FCRA), a criminal conviction can be reported on a background check no matter how old it is.^6,7

The FCRA's seven-year rule for other negative items leaves out "records of convictions of crimes." FTC staff wrote in 1998 that Congress had removed all limits on reporting convictions; before that, most convictions could be reported for only seven years. The law does not split felonies from misdemeanors. The background check guide on this site covers these rules in more detail.

Under the FCRA, a background check generally cannot include a record of arrest that is more than seven years old. A longer period applies if the statute of limitations for the charge is longer.^6,8

The statute counts from the date of entry and says seven years "or until the governing statute of limitations has expired, whichever is the longer period." It also limits other negative items that are not convictions to seven years. The CFPB's consumer page, speaking about negative information in general, says companies usually will not report it after these limits but may still keep it on file.

The FCRA's time limits do not apply to a report used for a job with a yearly salary of $75,000 or more, or one reasonably expected to pay that much. For those jobs, an arrest older than seven years may appear.^6,8

The statute says "$75,000, or more." The CFPB's consumer page describes it as a job that pays more than $75,000 a year. The same exception covers credit of $150,000 or more and life insurance of $150,000 or more.

Some states set their own limits on how long a screening company can report arrests and convictions. These laws cover the reports that consumer reporting agencies make. They are not rules about court records, which stay as they are unless a court or law clears them.^9,10

Federal law (15 U.S.C. 1681t(b)(1)(E)) overrides state laws on the subjects covered by the FCRA's reporting rules, including its time limits, except state laws that were in effect on September 30, 1996. So a state limit passed after that date may not apply. In an October 2025 interpretive rule, the CFPB said the FCRA generally preempts state laws that touch on broad areas of credit reporting; that is the agency's reading, not a court decision. Each state below says what its statute history shows about the 1996 date. We read the statute text for the ten states below: California, Colorado, Kansas, Maryland, Massachusetts, Montana, New Hampshire, New York, Texas and Washington. Other states may have similar laws that we have not listed.

California

California bars screening companies from reporting arrests, indictments, misdemeanor complaints and convictions that are more than seven years old, counted from the date of disposition, release or parole.^11,12

Two California laws say this: Civil Code 1786.18 for investigative consumer reports and Civil Code 1785.13 for consumer credit reports. Neither has a salary exception for jobs. The first exempts life insurance of $250,000 or more and employers that a government regulatory agency explicitly requires to check these records. Both say an item must stop being reported if a conviction was fully pardoned or an arrest did not lead to a conviction. The first allows an arrest to be reported while a judgment is pending. The pages show that both titles were added in 1975 but give no date for this provision, so we have not confirmed it was in effect on September 30, 1996. Federal law may override state limits enacted after 1996. This limit applies to reports, not to court records.

Colorado

Colorado state law says screening companies may not report arrests, indictments and convictions that are more than seven years old, counted from disposition, release or parole. It also says they may not report sealed records, expunged records and records that did not result in a conviction. Colorado passed both rules after 1996, and federal law may override state limits enacted after 1996.^13,14

This is C.R.S. 5-18-109(1)(e) and (e.5). The seven-year rule was first added by Senate Bill 97-133, effective August 1, 1997, as former section 12-14.3-105.3. The statute's source note says (e.5) was added in 2022 (SB 22-099). Both came after the federal September 30, 1996 cutoff, and we found no court decision on an official court site that settles whether they apply. The only exception now in the section is for a credit transaction above the national conforming loan limit, so there is no job or salary exception. The 1997 law had a $75,000 salary exception; laws in 2022 and 2023 amended that subsection. This limit applies to reports, not to court records.

Kansas

Kansas bars reports of arrests, indictments and convictions that are more than seven years old, counted from disposition, release or parole.¹⁵

This is K.S.A. 50-704(a)(5). The limit does not apply to a consumer credit report used for a job with a yearly salary of $20,000 or more, or one reasonably expected to pay that much. It also does not apply to credit transactions or life insurance of $50,000 or more. The statute's history note shows a 1973 law that took effect January 1, 1974, and lists no later amendment, so it was in effect on September 30, 1996. This limit applies to reports, not to court records.

Maryland

Maryland bars reports of arrests, indictments and convictions that are more than seven years old, counted from disposition, release or parole.¹⁶

This is Commercial Law 14-1203(a)(5). The limit does not apply to a consumer credit report used for a job with a yearly salary of $75,000 or more, or one reasonably expected to pay that much. It also does not apply to credit transactions or life insurance of $150,000 or more. The statute page we read gives no enactment date for this limit, so we have not confirmed it was in effect on September 30, 1996. Federal law may override state limits enacted after 1996. This limit applies to reports, not to court records.

Massachusetts

Massachusetts bars reports of arrests, indictments and convictions that are more than seven years old, counted from disposition, release or parole.¹⁷

This is Massachusetts General Laws chapter 93, section 52(a)(5). The only exceptions in the section are for credit transactions and life insurance of $50,000 or more, so it lists no job or salary exception. The statute page we read gives no enactment date for this limit, so we have not confirmed it was in effect on September 30, 1996. Federal law may override state limits enacted after 1996. This limit applies to reports, not to court records.

Montana

Montana bars reports of arrests, indictments and convictions that are more than seven years old, counted from disposition, release or parole.¹⁸

This is Montana Code Annotated 31-3-112(5). The section lists no salary or job exception. Its history note shows it was enacted in 1975 and lists no later amendment, so it was in effect on September 30, 1996. This limit applies to reports, not to court records.

New Hampshire

New Hampshire bars reports of arrests, indictments and convictions that are more than seven years old, counted from disposition, release or parole.¹⁹

This is RSA 359-B:5, I(e). The limit does not apply to a consumer credit report used for a job with a yearly salary of $20,000 or more, or one reasonably expected to pay that much. It also does not apply to credit transactions or life insurance of $50,000 or more. The source note lists a 1971 law and a 2004 amendment (effective January 1, 2005). We did not confirm which parts the 2004 amendment changed, so we have not confirmed the exact wording in effect on September 30, 1996. This limit applies to reports, not to court records.

New York

New York bars reports of convictions that are more than seven years old, counted from disposition, release or parole. It also bars reports of an arrest or criminal charge that did not end in a conviction, unless the charge is still pending.²⁰

This is General Business Law 380-j(a)(1) and (f)(1)(v). The conviction time limit does not apply to a report for a job with a yearly salary of $25,000 or more, or one reasonably expected to pay that much, or to credit transactions or life insurance of $50,000 or more. The rule on arrests and charges without a conviction is a separate subdivision, and the section lists no exception for it. The statute page we read gives no enactment date for these limits, so we have not confirmed they were in effect on September 30, 1996. Federal law may override state limits enacted after 1996. This limit applies to reports, not to court records.

Texas

Texas state law says screening companies may not report arrests, indictments and convictions when the date of disposition, release or parole is more than seven years before the report. Texas passed this limit in 1997, and federal law may override state limits enacted after 1996.²¹

This is Business & Commerce Code 20.05(a)(4). The limit does not apply to a report for a job with a yearly salary of $75,000 or more, or one reasonably expected to pay that much. It also does not apply to credit transactions or life insurance of $150,000 or more, or to information a person needs to avoid violating 18 U.S.C. 1033. The statute's history note says the section was added by a 1997 law effective October 1, 1997, after the federal September 30, 1996 cutoff. We found no court decision on an official court site that settles whether the Texas limit applies. This limit applies to reports, not to court records.

Washington

Washington bars reports of an adult's arrest, indictment or conviction when the date of disposition, release or parole is more than seven years before the report.^22,23

This is RCW 19.182.040(1)(e). The seven-year limit does not apply to a report for a job with a yearly salary of $20,000 or more, or one reasonably expected to pay that much. It also does not apply to credit transactions or life insurance of $50,000 or more. The history note lists a 1993 law as the earliest, and the legislature's 2011 bill report describes the seven-year limit as existing law. We did not read the 1993 law itself, so we have not confirmed its exact wording on September 30, 1996. The statute also bars reporting juvenile records once the person is 21 or older, and that rule has no salary exception; it was added in 2011, so federal law may override it. This limit applies to reports, not to court records.

Federal background check law treats misdemeanors and felonies the same way: the FCRA sets no time limit on reporting any criminal conviction.^6,7

The difference between a misdemeanor and a felony shows up in state clearing rules, where misdemeanors often have shorter waits. The state pages on this site list each state's waiting periods.

New York seals eligible convictions automatically: a misdemeanor after 3 years and a felony after 8 years. The wait counts from release from incarceration, or from sentencing if there was no jail or prison sentence.^24,25

This is Criminal Procedure Law 160.57. The person must have no pending criminal charge in New York and must not be under probation or parole supervision for that conviction. Sex offenses, sexually violent offenses and class A felonies (other than class A drug felonies under article 220 of the Penal Law) are not covered. A new conviction before the sealing restarts the clock for the earlier one. The law took effect November 16, 2024, and New York's courts say they have until November 16, 2027 to set up automatic sealing, so an older conviction may not be sealed yet.

Ohio lets a person apply to seal a misdemeanor or a fourth- or fifth-degree felony 1 year after final discharge, and a third-degree felony 3 years after. To expunge, the wait is 1 year after final discharge for a misdemeanor and, for a felony, 10 years after the person could first apply to seal it: 11 years after final discharge for a fourth- or fifth-degree felony and 13 years for a third-degree felony.²⁶

This is Ohio Revised Code 2953.32(B)(1). A minor misdemeanor can be sealed or expunged 6 months after final discharge. The statute does not cover first- or second-degree felonies, felony offenses of violence that are not sexually oriented offenses, and several other offenses listed in division (A)(1). A court decides each application at a hearing.

California's Department of Justice grants some convictions relief automatically. For a misdemeanor that did not end in probation, the wait is 1 calendar year after judgment. For a felony that did not end in completed probation, it is 4 years after the person finishes all incarceration, probation and supervision, with no new felony conviction in that time.^27,28

This is Penal Code 1203.425. The Department reviews records monthly, and the statute makes the review subject to the state budget. People who completed probation without revocation also qualify. A person who must register for a sex offense is not eligible, and the felony rule does not cover serious or violent felonies. A prosecutor or probation department may ask a court to block relief on public safety grounds. The California courts' guide says that for a misdemeanor, a person who was never given probation can also ask the court to dismiss the conviction and must wait at least one year from the date of conviction.

Federal law generally limits background check reports of arrests to seven years. New York and Colorado state laws go further and bar reports of records that did not end in a conviction (New York still allows pending charges).^6,13,20

New York's rule has an exception for charges that are still pending. Colorado's rule also covers sealed and expunged records. Colorado added its rule in 2022, and federal law may override state limits enacted after 1996; we have not confirmed when New York's rule took effect. The state limit facts above give the details. An arrest on a report is not a conviction.

California's Department of Justice seals many arrest records automatically, with no court filing. A misdemeanor arrest with charges dismissed qualifies, and so does an arrest with no charges filed after 1 year for a misdemeanor, 3 years for a felony, or 6 years for an offense punishable by 8 or more years in prison.^29,30

This is Penal Code 851.93. It covers arrests on or after January 1, 1973 that did not lead to a conviction, and completing certain diversion programs also qualifies. The Department reviews records monthly, and the statute makes this subject to the state budget. If an arrest was not sealed automatically, the court guide says a person may ask a court to seal it under Penal Code 851.91. After a court seals it, the guide says government agencies such as law enforcement can still see the record, and the arrest must still be disclosed in some situations, such as applying for public office, a peace officer job or a state or local license.

In New York, when a criminal case ends in the person's favor, the record is sealed by law unless the district attorney or the court shows that the interests of justice require otherwise.^31,32

This is Criminal Procedure Law 160.50. The New York courts list cases with a good result as sealed without the person having to do anything. Sealing also means fingerprints and photographs taken in that case are generally returned or destroyed, with some exceptions, such as a digital fingerprint image where the statute allows one to be kept.

Juvenile records follow separate state rules, and some states seal them. California says a court can seal some juvenile records automatically and others on request. New York says crimes committed by children, and cases given what the law calls "youthful offender" status, are closed or sealed without the person having to do anything.^32,33

In California, a person can generally ask to seal a juvenile record if they are at least 18 or it has been at least 5 years since the case closed, and the court is satisfied they have been rehabilitated. California's guide says an unsealed juvenile record could make it harder to find a job, get a loan or rent an apartment.

Washington bars screening companies from reporting juvenile records once the person is 21 or older.^22,23

This is RCW 19.182.040(1)(f). Unlike the adult arrest and conviction limit, it has no salary exception. It covers consumer reports, not court records. The legislature's bill report shows the rule was added in 2011, after the federal September 30, 1996 cutoff, so federal law may override it.

States use different words for clearing a record. Texas calls complete removal an expunction. Sealing or a nondisclosure order hides a record from public view, but some agencies, including law enforcement, can still see it.^3,32,34

New York's courts say that, except for some marijuana crimes, New York has no laws to erase or expunge records, and that sealing means the record still exists but is hidden from the public. California uses a different path: its courts say true expungement does not exist there, and a person may ask the court to dismiss a conviction. In Texas, a person may have to wait up to five years before applying for an order of nondisclosure.

A pardon does not necessarily erase a conviction. California's courts say a Governor's pardon cannot erase a conviction or seal a record, and the U.S. Department of Justice says a pardoned federal offense is not removed, so the conviction and the pardon both appear on the record.^5,34,35

A pardon can restore some rights. The Department of Justice says it may also help in getting licenses, bonding or employment. A pardon is a different step from sealing or expungement, and states treat it differently: the Texas State Law Library lists a pardon as one situation where a person may be able to apply for an expunction.

Some states clear or seal records automatically, with no application. New York seals eligible convictions by law. California's Department of Justice grants some convictions relief on its own. Minnesota's courts automatically expunge certain cases.^1,24,25,27

Automatic clearing can take time or have gaps. New York's law took effect November 16, 2024, and its courts have until November 16, 2027 to set up automatic sealing; the court system rechecks blocked cases at least quarterly. California's review depends on the state budget. Minnesota's courts say not every flagged case will be expunged, and a court order can block it. The state pages on this site say which states have these laws.

A sealed or expunged record can still be seen for some purposes. In New York, sealed records can still be seen by the person, by an employer when the person applies for a job carrying a gun, and by law enforcement after a request to the court. The page lists a few other limited cases.^1,30,32

Minnesota's courts say expunged cases can be reopened for certain employment checks, such as those by criminal justice agencies, human services and Department of Education jobs. California's court guide says government agencies like law enforcement can still see sealed arrest records. New York's courts also say that out-of-state and federal arrests and convictions are not part of the New York record, and that New York's sealing rules do not affect them.

A sealed or expunged record should not turn up on a background check. The FTC says a screening report that lists criminal records that have been expunged or otherwise sealed is one sign that a company's procedures might not be reasonable under the FCRA.^2,36

New York's courts say employers and credit reporting agencies cannot get sealed records. If a cleared record still appears on a report, the background check guide on this site explains how to dispute it.