How Long Does a Felony Stay On Your Record for a Background Check: What You Need to Know

Cindy Ellis - August 2, 2023

Background checks are run by companies and government agencies to learn about an applicant’s past. The information available on a background check ranges from identity verification to felonies. Understanding how long a felony remains on your criminal record can help you when it comes to finding employment.

We’ll take you through how long felonies remain on your record and how to find your criminal records. Read on to learn everything you need to know about felonies and how long they remain on a background check.

What Is a Background Check?

A background check is the process of verifying information about someone’s background. They consist of going through someone’s public records, which can include a wide range of records. For example, some background checks will focus more on driving records, whereas others will focus more on credit history.

That said, most background checks also reveal felonies or other crimes that someone has been involved in. If someone commits a crime, there’s a good chance that it will show on a background check if they’re convicted and don’t have it sealed.

Background checks also provide a comprehensive report of someone’s criminal record. This means that they can view your specific felonies, arrest times, and other information about your criminal history.

Does a Felony Show Up on a Background Check?

Yes, a felony will show up on a background check. Felony charges will appear on a background check if the search is looking for criminal records. For most background checks, criminal records, arrest records, and other records about your crimes are available. The only time that a felony won’t show up on your background check is if a specific amount of time has passed or if you had the case sealed.

Who Can Run a Background Check?

Just about anyone can run a background check as long as they’re following the proper guidelines. This means that employers can run background checks on people who are applying for a job and provide consent, and the government can do the same. Aside from employers, anyone can run a background check on an individual because all you’re doing is looking through their public records. This means you can run a background check on yourself, a friend, or a potential employee if they consent.

The only time you can’t run a background check is if you don’t have consent from an employee or domestic help. Also, running checks on people to stalk them can get you in trouble with the authorities. We always recommend getting consent before running a background check on someone.

What Is a Felony?

Felonies are a collection of crimes that come with serious punishment. To be classified as a felony, most crimes have to have up to one year or possible prison time available as a punishment. In most cases, felonies are reserved for serious cases of fraud, violence, sexual assault, murder, kidnapping, and abuse.

Aside from the legal punishment, felonies will also have some extra-legal problems if it’s a serious offense. This includes being unable to find employment, get loans for housing, or even find a job. Depending on the felony and if you can get it sealed, it can hinder you a lot in life.

Knowing if someone has a felony is also important because it’s a good judge of character. While people can change, you might not want to associate with someone who has a criminal history, let alone hire them.

How Long Does a Felony Appear on a Background Check?

Felonies can appear on a background check forever. What influences how long a felony can remain depends on the state, the nature of the crime, and whether or not it’s sealed. Most states have laws that protect people who only have one felony conviction. Typically, it will appear on your background for seven years. However, violent or sexual crimes can appear on your background indefinitely.

Sealed felonies won’t appear on a background check unless the federal government runs the check. Certain branches of the government can also view this information.

Can You Remove a Felony From Your Criminal Record?

Yes and no. Typically, you can’t remove a felony from your criminal records. Felonies are serious crimes that usually result in heavy fines or jail time. If you’re convicted of a felony, getting it expunged is challenging unless you appear in court again. When you appear in court, you’ll also have to have the judge agree to seal your records, and even then, they can still be opened with a court order.

At What Point in a Background Check Does a Felony Appear?

Felonies appear on your background check at different times, depending on your state. If you’re located in a state that has ban-the-box laws, your felony won’t appear on a background check until after you go through the hiring process.

These laws are in place to ensure that people have a fair shot at being considered for a job. That said, these laws aren’t available in every state. Make sure you check your state’s guidelines to determine when your felony will appear on your background check.

Does a Sealed Felony Appear on a Background Check?

Sealed felonies won’t appear on a background check. This is true during the seven-year look-back window as well. The only time that sealed felonies will appear on a criminal record is if they’re requested by the federal government or federal agencies. For example, the FBI and military can open these records. However, if your felony was expunged and you weren’t convicted, these records won’t cause problems with either government agency.

What’s the Process for Sealing a Felony?

When having your felony sealed, you’ll have to follow a handful of steps. Depending on your situation, it might not be possible. Some state laws also vary on when you can start this process. Follow the steps below to attempt to have your felony charges sealed.

1. Apply to the court to have your records sealed.
2. Remain crime-free for some time after your conviction (this varies based on the state).
3. Have no more than two convictions and one felony.
4. Have a judge determine the result of the case.
5. Win a case in court if the prosecution attempts to rebuke your attempt to seal your record.
6. Pay a fee to have your records sealed. This varies depending on the state and may cost up to $5,000.

Some felonies also can’t be sealed, even if you try to appeal them. If you’re convicted of sexual offenses, violent crimes, or other serious felonies, you can’t have them sealed.

The best way to know if a felony will appear on your background check is to check your public records.

How to Find a Felony in Someone’s Record

Checking your criminal records is important if you want to know if a felony will show up on your record. There are a few ways to find this information, and our tools can help you learn more about any felonies on your record. Explore our options below to learn more about your criminal record.

Run a Background Check

The best way to know if a felony is still on your criminal record is to run a background check. You can also run a background check on anyone when using Information.com. While felonies will always appear on your criminal record, companies can only look back seven years (in most states). The nature of the crime will also influence how far back a company can look during a background check.

For this reason, running a background check with Information.com is a great way to stay ahead of any potential problems. When you run a background check with our comprehensive background check tool, you can discover a lot of information about yourself. This includes anything that’s public record and even when a crime occurred. Depending on state law, you can then see if you’re out of the seven-year window for companies to disqualify you.

Government Databases

Criminal records, including felonies, are a type of public record. This means that databases house information about someone’s felonies or criminal history. You can visit state or federal databases to find information about someone’s felonies. The best databases to check include the county clerk, courthouses, and police stations. Some online resources are also available, and each state has its database.

While these databases are efficient at housing information about felonies, they’re far from dynamic. Sometimes you won’t be able to find the person you’re looking for because the keyword tool is useless. The good news? We have a public records search tool that’s connected to millions of these databases. This helps us get you streamlined results.

While companies only have a seven-year window to look at your records, remember this doesn’t apply to the government.

Stay Up-to-Date on Your Records

Knowing how long a felony remains on your background check is important if you plan on applying for a new job. While criminal records follow you for life unless they’re expunged, that doesn’t mean they’re always available to employers. You can have your records sealed or wait for seven years (in most states) to go through a background check without being flagged for any felonies.

To know when you can apply for a job or if a felony is still available to the public, make sure you check your records frequently. Using tools like our criminal records search tool or background check tool will help you remain current on information about your felonies.