Quick Overview
- Most people are surprised to learn that background check companies operate largely without oversight on how long they keep felony records.
- The EEOC has issued guidance stating that blanket exclusions of people with criminal records may violate Title VII when they disproportionately affect protected groups.
- The answer depends almost entirely on which state the conviction occurred in, what the offense was, and how much time has passed.
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Do Felonies Show Up on Background Checks? (Yes, and Here's How)
Most people are surprised to learn that background check companies operate largely without oversight on how long they keep felony records. Under the Fair Credit Reporting Act (FCRA), consumer reporting agencies are prohibited from reporting most negative information older than 7 years - but felony convictions are explicitly exempt from this limitation. That means a felony from 1998 can legally appear on a background check today.
Background check companies like Checkr, Sterling Infosystems, First Advantage, and HireRight pull data from multiple sources:
- State criminal repositories: Most states maintain centralized criminal history databases that background check vendors access.
- County court records: Many vendors also do direct county courthouse searches, which can catch records that didn't make it into state databases.
- Federal court records via PACER: Federal convictions are pulled from the Public Access to Court Electronic Records system.
- Sex offender registries: Maintained and searchable at the national level.
- Wanted persons and terrorist databases: Searched in parallel.
Two separate problems, two separate solutions. A background check pulling from criminal databases and a Google search showing court records on Justia or CourtListener are distinct problems. Fixing one does not fix the other. You need both addressed to truly move forward.
Unlike misdemeanors, which some states restrict after 7 years, felonies are treated differently. California's ICRAA (Investigative Consumer Reporting Agencies Act) limits criminal history reporting to 7 years, as does New York for most convictions. But in the majority of states, no such limit exists for felony convictions.
Which Jobs and Situations Trigger Felony Checks
The EEOC has issued guidance stating that blanket exclusions of people with criminal records may violate Title VII when they disproportionately affect protected groups. Despite this, felony checks remain routine in:
- Employment: Most employers conduct background checks. The EEOC advises individualized assessment, but practice varies widely. Healthcare, education, financial services, and government positions carry the strictest requirements.
- Housing: The Fair Housing Act doesn't explicitly cover criminal records, but HUD guidance discourages blanket bans. Landlords who screen tenants routinely see felony convictions in background reports.
- Professional licenses: Many states have statutory bars on professional licenses for certain felonies. This varies by state and profession - nursing, law, medicine, finance, and real estate are particularly affected. NOLO's professional license guide has state-by-state breakdowns.
- Government jobs and security clearances: Federal positions require suitability determinations that consider criminal history heavily.
- Volunteering with children or vulnerable adults: Nearly every state mandates criminal background checks for these roles, and felonies often result in automatic disqualification.
Can a Felony Be Expunged?
The answer depends almost entirely on which state the conviction occurred in, what the offense was, and how much time has passed. Expungement for felonies is not available everywhere - but it is available in more places than most people realize.
States That Allow Felony Expungement (with Conditions)
| State | Felony Expungement? | Notes |
|---|---|---|
| California | Yes (most) | Non-violent felonies, 1-3 year wait, probation completed |
| Michigan | Yes | Expanded in 2021 - many felonies eligible after 7 years |
| Illinois | Limited | Felony expungement limited; sealing more common |
| Nevada | Yes | Most felonies eligible after 7-15 years |
| New Jersey | Yes | After 6 years for most felonies |
| Pennsylvania | Limited | REENTRY Act expanded access; some restrictions remain |
| Minnesota | Yes | Waiting periods of 5+ years depending on offense |
| Utah | Yes | Automatic expungement for some offenses after 7-10 years |
States That Generally Do Not Allow Felony Expungement
- Texas: No felony expungement except for dismissed cases, deferred adjudication, or acquittals. Convictions fall outside that route, so the path runs through online removal and suppression. Some record sealing (Orders of Nondisclosure) available for limited offenses.
- Florida: Expungement is available only for cases that did not result in conviction (arrests, dismissals). Felony convictions cannot be expunged there, so the route for those runs through online removal and suppression.
- Georgia, Alabama, South Carolina: Very limited or no felony expungement for convictions.
- New York: Limited - the Clean Slate Act (effective 2024) provides for automatic sealing after 8 years for most felonies, but is separate from expungement.
Waiting periods before applying for expungement typically range from 3 to 10 years after completion of sentence, including probation and parole. Consult Cornell Law's expungement overview and your state's specific statutes.
Important Limitation
Even after a successful expungement, your record often remains visible on third-party websites like Justia, CourtListener, background check aggregators, and mugshot sites. Expungement removes the record from government databases - but private companies are under no automatic obligation to update their records. Online removal is a separate process.
What Shows Up Online vs. What Shows on a Background Check
Many people focus only on background checks - but what people find when they Google your name is often just as damaging. These are two distinct problems:
- Background check companies (Checkr, Sterling, etc.): Pull directly from court records and criminal databases. Used by employers, landlords, and licensing agencies. Regulated by FCRA.
- Legal websites (Justia, CourtListener, PACER): Republish court dockets accessible to anyone. These appear prominently in Google searches for your name.
- Data broker sites (Spokeo, BeenVerified, Whitepages, Intelius): Compile and republish criminal records alongside your address, family members, and phone numbers.
- Mugshot sites: Publish arrest photos, often without context about conviction or dismissal.
- Google search results: Indexes all of the above - and whatever Google shows in the top results is what people see when they search your name.
How to Remove a Felony From Online Search Results (Even Without Expungement)
This is where most people are surprised: you do not need an expungement to remove records from online platforms. Online removal and legal expungement are separate processes. Many records can be addressed online regardless of their current legal status.
- Data broker opt-outs: Spokeo, BeenVerified, Whitepages, PeopleFinder, and Intelius all have opt-out processes. Each requires a separate submission and follow-up.
- Google de-indexing: Google has a personal information removal tool that covers certain categories of records, particularly when the source page has been removed or when the content meets Google's removal policies.
- Legal database removal: Justia, CourtListener, and similar sites have privacy/removal contact processes. These require direct outreach and are handled case by case.
- Mugshot removal: Many mugshot sites have formal removal processes; some require documentation of expungement or dismissal, others are removed through alternative means.
- Suppression: For records where full removal needs deeper analysis, reputation suppression - building positive content that outranks the negative results - runs alongside as a complementary tool.
Real Options for People With Felony Records
You have more paths forward than most people know. Here is a complete overview:
- Expungement: Where available, this is the strongest option for clearing official government records. Works best when combined with online removal for complete results.
- Record sealing: Available in more states than expungement - restricts access to the record without destroying it. Can support online removal requests in many cases.
- Certificate of Relief / Certificate of Rehabilitation: Available in New York, California, and other states - these documents certify that rehabilitation has occurred and can be used with employers and licensing agencies.
- Governor's Pardon: Forgives the offense - doesn't erase the record, but is viewed favorably and may assist in restoring certain rights (firearms, voting, professional licenses depending on state).
- Online removal: Independent of legal status - can be pursued simultaneously with or in advance of expungement proceedings.
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Frequently Asked Questions
Under the Fair Credit Reporting Act (FCRA), if an employer takes adverse action based on a background check, they must provide you with a copy of the report and a notice of your rights. They are not always required to provide a detailed explanation, but they must notify you so you can dispute inaccuracies. Some state laws go further and require more specific disclosure.
Under federal law (FCRA), most background checks are limited to 7 years for non-conviction records. However, felony convictions can be reported indefinitely regardless of how old they are. Some states impose their own limits: California restricts reporting to 7 years for most records, and New York limits reporting to 7 years for most convictions. Without expungement or state-specific protections, a felony conviction can appear on background checks indefinitely. Where expungement is not available, removal from data broker and background check sites may still be possible.
Yes, in most cases. There is no general federal bar on felons owning businesses, though certain industries have licensing restrictions (financial services, healthcare, childcare). You may need to disclose convictions on business license applications. Some business financing and certain government contracts may also have restrictions. An attorney can advise on your specific situation.
Federal law prohibits publicly assisted housing from admitting individuals with certain drug-related felonies, but private landlords operate differently. HUD guidelines discourage blanket bans on people with criminal records, and many cities and states have passed 'fair chance housing' laws restricting when landlords can ask about criminal history. The practical answer is that a felony can make housing difficult, but not impossible, especially as more jurisdictions adopt fair chance policies.
Yes, significantly. Canada bars most felons from entry without a Temporary Resident Permit or Criminal Rehabilitation waiver. The United Kingdom, Australia, and New Zealand all have character requirements that can result in visa denial for serious convictions. Mexico, EU countries, and many others check criminal history. A pardon or expungement may help, but individual country policies vary widely and you should check with the destination country's embassy before traveling.
A governor's or presidential pardon forgives the offense but does not typically expunge the record from databases. It may appear as 'pardoned' on background checks, which some employers view favorably, but the original conviction may still be visible. For complete removal from background check databases, expungement or record sealing is generally more effective than a pardon alone.
Expungement typically destroys or erases the record - it is treated as if it never existed. Record sealing restricts access to the record (it still exists but is hidden from most searches). Which option is available and what each means varies significantly by state. In some states these terms are used interchangeably. For online removal purposes, both can support de-indexing requests, though expungement tends to be stronger for removing records from third-party databases.
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