Does a Felony Go Away? Record Clearing, Expungement, and Pardons
No, a felony conviction does not automatically go away with time. Without proactive legal action, a felony conviction remains permanently on your official FBI and state Department of Justice criminal history record for life. However, depending on state law and the severity of the offense, individuals can legally clear a felony through Felony Reduction to Misdemeanor, Statutory Expungement / Record Sealing, or a Governor's Pardon.
Legal Pathways to Clear or Reduce a Felony Record
State criminal justice systems provide distinct legal mechanisms to mitigate the lifetime impact of a felony conviction:
| Legal Relief Mechanism | Eligibility Requirements | Resulting Legal Status |
|---|---|---|
| Felony Reduction to Misdemeanor (Wobbler) | Offense is a 'wobbler' punishable as either felony or misdemeanor; probation successfully finished | Felony is permanently converted to a misdemeanor for all civil purposes |
| Judicial Expungement (PC 1203.4) | Completed probation with no prison time served (in eligible states) | Guilty plea withdrawn, case dismissed, civil rights restored on private job applications |
| Record Sealing / Non-Disclosure | Waiting period met (3 to 5 years clean record post-sentence) | Record hidden from public search, employers, housing background checks |
| Governor's Pardon / Certificate of Rehabilitation | Sustained moral rehabilitation (7 to 10 years crime-free) | Official executive forgiveness; restoration of voting, jury, and gun rights |
The Fair Credit Reporting Act (FCRA) 7-Year Background Check Rule
Under the federal Fair Credit Reporting Act (FCRA 15 U.S.C. § 1681c), consumer reporting agencies (background check companies) are restricted on what they can report:
| Record Status | FCRA Background Check Rule | State Law Protections (CA, NY, TX) |
|---|---|---|
| Non-Conviction (Arrest Dismissed / Dropped) | Cannot be reported after 7 years | Completely barred from employment screening |
| Criminal Felony Conviction (Federal Default) | Can be reported indefinitely with no time limit | Certain states (California, Massachusetts) cap reporting at 7 years for standard jobs |
Which Felonies Can Never Be Expunged?
Across nearly all U.S. jurisdictions, state legislatures strictly prohibit expungement or record sealing for violent felonies, including homicide, aggravated sexual assault, kidnapping, armed robbery, and crimes involving children. Non-violent property and drug felonies are the most eligible for reduction and sealing.
How to Clear a Felony Record in 4 Steps
Step-by-step post-conviction relief roadmap.
Step 1: Obtain a Certified Copy of Your Sentencing Docket
Retrieve case minutes from the county superior court clerk showing probation completion.
Step 2: File a Motion for Felony Reduction to Misdemeanor
Petition the court to reduce eligible wobbler offenses prior to expungement.
Step 3: File Formal Petition for Expungement / Record Sealing
Serve notice on the District Attorney's office and schedule a judicial hearing.
Step 4: Receive Court Order and Notify Background Agencies
Obtain certified copies of the judge's dismissal order to clear background databases.
Frequently Asked Questions (7 Questions Answered)
Q1: Does a felony go away after 7 or 10 years?
No, a felony conviction never goes away automatically; it remains on your government criminal record permanently until you file a court petition to reduce or expunge it.
Q2: Can you pass a background check with an expunged felony?
Yes, once a felony is expunged or sealed, private commercial background checks cannot report it, and you can legally answer 'No' on private job applications.
Q3: What is a 'wobbler' felony?
A wobbler is an offense that state law allows to be charged or sentenced as either a felony or a misdemeanor (such as grand theft or commercial burglary).
Q4: Can a felon vote after completing their sentence?
In most states, voting rights are automatically restored upon completion of prison and parole, while a few states require formal executive pardon petitions.
Q5: Can you own a firearm again after a felony conviction?
Federal law permanently bars convicted felons from possessing firearms unless the conviction is reduced to a non-violent misdemeanor, expunged, or pardoned with gun rights restored.
Q6: How much does it cost to expunge a felony?
Attorney fees for felony reduction and expungement range from $1,200 to $3,500, plus $100 to $250 in court filing fees.
Q7: What is a Certificate of Rehabilitation?
It is a court order declaring that a convicted felon has rehabilitated into a law-abiding citizen, serving as an automatic application for a Governor's Pardon.
Final Thoughts & Key Takeaways
In conclusion, understanding does a felony go away? record clearing, expungement, and pardons provides essential clarity, practical strategies, and actionable advice. By incorporating these foundational insights, adhering to verified safety guidelines, and following structured best practices, you ensure reliable, long-term outcomes while preventing common mistakes. Stay informed, consult certified professionals when needed, and maintain consistent quality care.