Criminal Records Guide · 2026

Felony Showing on a Background Check? Your Options in 2026

A felony conviction doesn't have to be the first thing everyone learns about you. But right now, it is - on background checks, on Google, on the sites employers use to vet who they hire, landlords use to screen tenants, and people use before a first date. You've served your time. This guide is about what you can actually do next.

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.

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)

States That Generally Do Not Allow Felony Expungement

• Texas: No felony expungement except for dismissed cases, deferred adjudication, or acquittals. Convictions are permanent. 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.
• 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.

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 that cannot be fully removed, reputation suppression - building positive content that outranks the negative results - is the remaining 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.