How long is a felony on your record in NY?
Asked by: Ursula Harvey | Last update: January 12, 2026Score: 4.1/5 (44 votes)
At least 10 years have passed since you were sentenced for your last conviction or since you were incarcerated (whichever is later.) Any time you spent on probation or parole counts towards these 10 years, but time you served in jail or prison does not.
Do felonies go away after 7 years in New York?
For a misdemeanor, records will be sealed three years after conviction or release from jail. For a felony, records will be sealed eight years after conviction or release from prison. Individuals must maintain a clean record and be no longer on probation or parole in order to qualify for record sealing.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
How do you remove a felony from your record in New York?
Except for some marijuana offenses, New York law does not provide for the “expungement” of criminal records. Instead, New York uses a process known as “sealing.” Under New York's sealing system, the record still exists but is hidden from the public. The sealing process offers many benefits.
What felonies cannot be expunged in NY?
Sex offenses, violent felonies, and serious felonies are not eligible for sealing. HOW LONG DOES IT TAKE TO SEAL A CONVICTION? This is the first time that New York has had a sealing law like this, so the courts cannot provide an estimate yet. WHO CAN SEE THE CONVICTION AFTER ITS BEEN SEALED?
How long does a felony stay on your record in NY?
Does your criminal record clear after 7 years?
Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.
How much does it cost to get a felony expunged in NY?
Most attorneys charge $2,000 to $5,000 for these services, and they often take more than a year to complete. The best way to see what you are eligible for is to take our free online eligibility test. Only in very limited circumstances does the state of New York provide for expungement of someone's criminal record.
How long do felonies stay on your record?
In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison.
What is the Second Chance Act in New York State?
Clean Slate Act Myths and Facts. The Clean Slate Act (A. 1029-C) automatically seals certain criminal records to give more New Yorkers a second chance, reduce recidivism and contribute to their communities.
What is a class A felony in NY?
Class “A” felonies are the most serious felonies in New York and can carry sentences as high as 25 years to life. Class “A” Felonies include Murder and Kidnapping as well as some very serious drug felonies. The minimum sentence for a class “A” violent felony in New York is 15 years to life.
What is the 7 year rule?
The 7 year rule
No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.
What is the 7 year look back rule?
The FCRA's seven-year rule restricts the reporting of certain types of information for jobs paying less than a minimum salary threshold. Additionally, several states have seven-year restrictions on reporting criminal convictions.
How far back does a background check go for a gun?
The FBI's NICS system reviews eligibility based on current and recent events that would prevent someone from purchasing guns legally. For most criteria, the lookback period is typically around 5 years. However, some disqualifying events remain permanent.
How long are you considered a felon?
A felony charge will stay on your record for life. The only way to remove a felony from your record is through a strict process called expungement (more on expungement below).
How far back do criminal background checks go in NY?
Per New York state law, CRAs cannot report or keep in their files any conviction records, judgments, and paid tax liens more than seven years old, bankruptcies more than 14 years old, judgments that were paid within the last five years, or arrests that did not lead to a conviction (except for pending cases).
What is the new clean slate law in NY?
Critical to employers in New York State, the Clean Slate Act prohibits employers from making any inquiry regarding automatically sealed convictions or making any adverse decision concerning an individual's employment based on automatically sealed convictions.
How long does a felony stay on your record in New York State?
This law will automatically seal certain criminal records after a required waiting period – three years after conviction or release from jail for a misdemeanor and eight years after conviction or release from prison for a felony – provided they have maintained a clean record and are no longer on probation or parole.
What is the going and coming rule NY?
The Going-And-Coming Rule
Broadly, an employee who is injured during a regular commute to or from the workplace is not covered by workers' compensation because of the so-called going-and-coming rule. There are, however, complex exceptions to this rule that are dependent on the particular circumstances of the injury.
How do I know if my record is sealed?
If convictions are not properly sealed, they may still show up in court databases and on background checks. As such, it is a good idea to contact DCJS to verify that your convictions are properly sealed.
How to recover from a felony conviction?
In California, expungement can offer a fresh start. It doesn't completely erase your record, but it can show that you've served your time and moved on. Record sealing is another option, making your record less visible to the public eye.
Do federal felonies show up on background checks?
The federal employment background check process is conducted using the PACER database. PACER provides public access to more than one billion documents in federal courts. When conducting federal background checks, the results may include federal felony and misdemeanor convictions across all federal district courts.
Do felonies go away after 10 years?
Felonies stay on your criminal record for the rest of your life. However, if you seek expungement, it is possible to clear your record of the offense.
How do I remove a felony from my record in New York?
You can ask the court to seal certain felony and misdemeanor convictions: If you have no more than 2 misdemeanors or no more than 1 felony and 1 misdemeanor conviction and have been crime-free for 10 years. Visit Sealed Records: After 10 years.
Which is better a pardon or expungement?
Pardons remove or decrease penalties. Expungement clears a charge from a criminal record. Pardons may cover any charge. Expungement only covers certain types of misdemeanors.
How far back do most background checks go?
Employment background checks can typically go back as far as seven to ten years, though that timeframe can vary depending on the type of check, the position being applied for, industry regulations and state or local laws.