Will a felony show up on a background check after 10 years in Florida?

Asked by: Chasity Spencer PhD  |  Last update: July 5, 2025
Score: 4.5/5 (4 votes)

The FCRA restricts most information reported by a CRA to a seven-year lookback period. This includes arrest records, civil judgments, tax liens, and most credit report information. It excludes bankruptcies, which may be reported for up to 10 years, and criminal convictions, which may be reported indefinitely.

How long does a felony stay on your background check in Florida?

A felony conviction in Florida will typically remain on your record indefinitely. It does not automatically disappear or “fall off” after a certain period. However, under certain conditions, you may be eligible to have your record sealed or expunged, which can hide or remove the conviction from public view.

Does Florida follow the 7 year rule?

Before 1998, the FCRA also prohibited Consumer Reporting Agencies from reporting criminal convictions that were more than seven years old. That restriction has since been eliminated. The FCRA's time limits also do not apply to education or employment information.

Will a 10 year old felony show on a background check?

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.

What disqualifies you from a level 2 background check in Florida?

Several disqualifying offenses can prevent you from passing a Level 2 Background Check in Florida. These include: Sexual offenses: Such as sexual battery, unlawful sexual activity with minors, and lewd and lascivious behavior. Violent crimes: Including murder, manslaughter, and aggravated assault or battery.

What Shows Up on a Background Check in Florida

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How far back can a background check go in Florida?

How Far Back Do Background Checks Go in Florida? There are no legal restrictions on how far back an employer can investigate a candidate's criminal record history in the state of Florida.

What is a red flag on a background check?

A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.

Do felonies go away after 10 years?

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. You can face serious obstacles until you get the conviction removed from your criminal history.

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.

Does your criminal record clear after 7 years in Florida?

No, felonies in Florida do not automatically disappear after 7 years. Criminal records, including felonies, remain part of your public record unless they are sealed or expunged.

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.

What does a Florida background check show?

Background Information Includes: Criminal report, sex offender check, lawsuits, judgments, liens, bankruptcies, home value & property ownership, 30 year address history, relatives & associates, neighbors, marriage records, and more.

How long are you considered a felon in Florida?

Our experienced criminal defense attorney will build a strategic defense strategy for your case. If you have been adjudicated guilty of a felony in the state of Florida, the felony will likely remain on your record permanently unless you ask your governor for clemency to restore some of your rights.

How to remove felony from record in Florida?

Here's a simple guide on how to get a felony expunged:
  1. Step 1: Checking Eligibility. ...
  2. Step 2: Gathering Essential Documents. ...
  3. Step 3: Completing the FDLE Application. ...
  4. Step 4: Submitting to the State Attorney's Office. ...
  5. Step 5: Forwarding to FDLE. ...
  6. Step 6: Preparing "Petition and Affidavit"

What felonies cannot be expunged in Florida?

36 Crimes that Cannot be Sealed or Expunged in Florida
  • Arson.
  • Aggravated Assault.
  • Aggravated Battery.
  • Illegal use of explosives.
  • Child abuse or Aggravated Child Abuse.
  • Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult.
  • Aircraft piracy.
  • Kidnapping.

How long do felonies show up on background checks?

A background check in California can show pending criminal charges, along with misdemeanor and felony convictions going back seven years. Non-convictions, like non-pending arrests, charges, indictments that did not result in a conviction, cannot be reported.

What states are felony friendly?

These Are the States Most Likely to Hire Former Felons
  • California.
  • Colorado.
  • Kansas.
  • Maryland.
  • Massachusetts.
  • Montana.
  • Nevada.
  • New Hampshire.

Will a felony show up on a background check after 10 years in Georgia?

In Georgia, criminal convictions stay on your record forever, unless you get them restricted and sealed or they were discharged under the First Offender Act. Employers can run backgrounds for 5, 10, even 20 years.

Will a felony show up on a background check after 10 years in South Carolina?

It depends on the job and who does the background check. Criminal convictions (Felony and misdemeanor) like most other public records, are permanent. So they're out there for the world to see.

How to find out if your criminal record has been expunged?

You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.

Can you get a passport with a felony?

Most convicted felons in the US can obtain a passport after completing their sentence. That said, certain felony convictions can still disqualify you from getting a passport. Other reasons for being denied a US passport include failing to pay child support or having significant outstanding federal tax debts.

How do you know if you fail a background check?

You can determine whether you failed an employee background check if you have any of the following seven disqualifying factors:
  1. Inconsistent employment history. ...
  2. Inaccurate resume information. ...
  3. A criminal history. ...
  4. Negative reviews from employers. ...
  5. Poor driving record. ...
  6. A failed drug or alcohol test. ...
  7. Poor credit history.

What are yellow flags on a background check?

Generally though, a “yellow flag" means that the screening found some derogatory information, but nothing that satisfied any criteria for automatic disqualification. Think of a warning versus an error; one indicates something that you should watch for, and the other indicates an actual problem.

What looks bad on a background check?

Warning signs on a background check include multiple periods of unexplained unemployment, inconsistent information, short periods of employment, minimal relevant job experience, no required education or training, professional license issues, dangerous criminal convictions, job-related criminal convictions, bad ...