What Employers and Candidates Need to Know About Criminal Background Checks
In today’s job market, a criminal record can have a lasting impact on employment opportunities, particularly for those involving felonies. One of the most common questions from job applicants and hiring managers alike is, How long does a felony stay on your record? The short answer is often forever. However, it’s important to understand the various factors that influence how felony records are handled in background screening.
Whether you’re an employer trying to ensure compliant hiring practices or a job seeker working to move forward after a conviction, understanding how long a felony remains on your record and how it impacts background checks is essential.
A felony is a serious offense, typically more severe than a misdemeanor. These crimes often include acts such as aggravated assault, robbery, and grand theft and usually carry a punishment of more than one year in prison.
In most cases, yes. Felony convictions generally remain on your criminal record indefinitely unless specific legal action, such as expungement, sealing, or a pardon, is taken. This means background check providers can access this information years or even decades after the conviction.
However, the visibility of a felony varies significantly depending on the following factors:
Each state has its own laws regarding the duration for which criminal records can be reported or considered in employment decisions. For example, some states like California generally limit the reporting of convictions to seven years, except in specific cases such as jobs with high salaries or roles in sensitive industries.
These variations are becoming increasingly important as more states support “second-chance” hiring practices and adopt policies like Ban the Box, which delays questions about criminal history until later in the hiring process.
Still, in states without time restrictions, a felony could potentially be reported on a background check forever.
On the federal level, the Fair Credit Reporting Act (FCRA) governs how long consumer reporting agencies can include criminal records in background checks. Under the FCRA, non-convictions cannot be reported after seven years. However, convictions – including felonies – can be reported indefinitely, unless state law says otherwise.
Because federal and state laws may differ, both employers and background screening providers need to stay informed and compliant with all applicable regulations throughout the hiring process.
In some cases, yes. Expungement is the process of completely removing a conviction from public records, effectively erasing it. Sealing a record, on the other hand, does not erase the conviction but makes it inaccessible to most employers and the general public.
Eligibility for either option varies widely and is typically based on factors such as the severity and nature of the offense, the time that has passed since sentencing, successful completion of probation or parole, and whether it was a first-time offense. Not all felonies qualify; violent crimes, sexual offenses, and crimes involving minors are often excluded from expungement or sealing laws.
When evaluating felony convictions during background checks, employers must carefully balance workplace safety with fair hiring practices.
Under the Fair Credit Reporting Act (FCRA), employers are required to follow specific protocols. Before initiating a background check, they must obtain the candidate’s written consent. Additionally, the candidate must be provided with both a copy of the report and a pre-adverse action notice, giving them a chance to respond or dispute the findings.
In addition to FCRA guidelines, state-specific regulations often impose further limitations. Some states restrict how far back certain criminal records can be reported, or how those records may be used in employment decisions. Understanding these laws and regulations is critical to maintaining full compliance across jurisdictions.
However, compliance is only part of the process. Employers should also consider the nature and relevance of a conviction. Does the offense have a direct bearing on the responsibilities of the role? Does it pose any safety or integrity risks? A thoughtful, role-specific evaluation supports not only legal integrity but ethical hiring standards.
To ensure your hiring process remains compliant, consistent, and fair, partnering with a qualified background screening provider can be invaluable. These experts can help navigate federal and state laws while supporting your organization in making informed, balanced hiring decisions.
If you have a felony on your record, understanding how long it may remain visible is an important first step—but it doesn’t have to define your future. Take time to research your state’s laws around felony conviction restrictions, expungement, and record sealing—you may be eligible to have your record removed.
When applying for jobs, always be honest if disclosure is required, but focus on showcasing your strengths: your work ethic, relevant training, and transferable skills.
While a felony conviction can remain on your record indefinitely, it doesn’t always mean it’s a permanent barrier. The visibility of a felony on a background check depends on a mix of federal and state laws, the type of background check being conducted, and whether the record has been sealed or expunged.
For employers, understanding these factors is key to building compliant and inclusive hiring practices. For individuals, understanding your rights and options can open new doors. In both cases, accurate background screening and informed decisions are essential for moving forward.
Yes, in some cases, a felony conviction can be expunged or sealed, depending on state laws and the nature of the offense. However, not all felonies qualify to be expunged or sealed.
Felony convictions can appear indefinitely on a background check unless it is expunged, sealed, or restricted by state law.
Eligibility varies by state and depends on several factors, including the type of offense, how long it’s been since the conviction, and your post-conviction history. You can check your state’s criminal justice or court website, consult with a legal aid organization, or work with an attorney to explore your options.
Once a record is expunged or sealed, it is generally not accessible to most employers and will not appear on standard employment background checks.
A second-chance employer is a company that intentionally hires individuals with prior convictions, often as part of a fair-chance or reentry initiative. These employers focus on a candidate’s skills and rehabilitation rather than disqualifying based on criminal history alone.
Yes, in some cases, a felony charge can be reduced to a misdemeanor, particularly if the offense is non-violent or relatively minor. However, the likelihood of this outcome depends on several factors, including the specific details of the offense, the individual’s criminal history, and the involvement of legal counsel.
DISCLAIMER: This blog post is for informational purposes only and is not legal advice. Please consult a qualified professional before making any decisions.
The FCRA is enforced federally, but states may also enforce it and have their own consumer reporting laws. You may have additional rights under state law. For more information, contact your state or local consumer protection agency or your state attorney general.
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