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How Long Does a Felony Stay on Your Record? (2026)

Independently fact-checked Editor-reviewed Law current as of August 20, 2026By Recording Law Editorial TeamPublished December 28, 2021Reviewed August 20, 20267 min read

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 15 primary sources cited on this page. How we verify our legal content

How Long Does a Felony Stay on Your Record? (2026)

Key Takeaways

1A felony stays on your record permanently. There is no automatic expiration in any state without action.
2Fourteen states plus D.C. have passed Clean Slate laws for automatic clearing, but passing a law and running one are different things. Several are not yet clearing records.
3Federal felony convictions generally cannot be expunged. 18 U.S.C. 3607 is a pre-judgment diversion for first-offense simple drug possession, not relief for a conviction already entered.
4Violent felonies, sex offenses, and crimes against children are excluded from expungement in state after state.
5Under the Fair Credit Reporting Act, convictions can be reported on background checks indefinitely. The seven-year limit covers arrests and civil judgments, not convictions.
6Expungement of a STATE conviction can restore federal firearm rights under 18 U.S.C. 921(a)(20), but only where the relief does not expressly keep the firearms restriction in place. The same paragraph leaves the question to the law of the jurisdiction that heard the case, so state relief does nothing for a federal conviction.

A felony conviction remains on your criminal record permanently in every state; no state automatically removes it after a set number of years. The only ways to clear a felony are expungement, record sealing, a pardon, or automatic Clean Slate relief, and eligibility, waiting periods, and qualifying offenses vary by state.

A felony conviction stays on your criminal record permanently. Unlike arrests or minor offenses, there is no statute of limitations that causes a felony to disappear from your record after a certain number of years. Without taking legal action to expunge, seal, or obtain a pardon, the conviction remains visible on background checks indefinitely.

Many states now offer paths to clear felony records through expungement, record sealing, or automatic Clean Slate laws. This guide covers how long a felony stays on your record, which states allow expungement, what rights a felony costs you, and how those rights come back.

The Short Answer: Permanently

A felony conviction does not expire. The Fair Credit Reporting Act sets a seven-year reporting limit at 15 U.S.C. 1681c, but that limit does not reach convictions. Subsection (a)(5) excludes "[a]ny other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years." The carve-out is the operative language: convictions are exempt from the clock.

The seven-year rule that people usually have in mind is subsection (a)(2), which covers civil suits, civil judgments, and records of arrest. An arrest that never became a conviction ages off. A conviction does not.

The only ways to remove a felony from your record are:

Expungement or record sealing, available in many states with significant restrictions
Governor pardon, which restores rights and adds a notation rather than deleting the conviction
Presidential pardon, for federal felonies only
Automatic Clean Slate clearing, in the states where the system is actually operating

States That Allow Felony Expungement

Most states now offer some path to felony expungement, though eligibility varies dramatically. Violent felonies, sex offenses, and crimes against children are almost universally excluded.

general legal: courthouse entrance door with brass handles

The table below is seven states, not fifty. It covers only the states whose current rules we re-checked against the statute itself for this update.

State	Waiting period	Key details
California	Petition track varies by sentence; automatic track 4 years	Penal Code 1203.4 dismissal on petition. grants automatic relief four years after completion of probation or supervision with no new felony conviction, and excludes serious felonies, violent felonies, and offenses carrying sex-offender registration
Colorado	10 years (automatic); 3 or 5 years (petition)	Automatic sealing of eligible felonies began July 1, 2025. The petition track under C.R.S. 24-72-706(1)(b) is shorter: 3 years for a class 4, 5, or 6 felony or a level 3 or 4 drug felony, 5 years for other eligible offenses. Class 1, 2, and 3 felonies, level 1 drug felonies, crimes of violence, and sexual offenses cannot be sealed at all
Illinois	3 years (petition)	Clean Slate Act signed January 16, 2026 as Public Act 104-0459, effective June 1, 2026. The 3-year figure is the existing petition-based sealing wait, not an automatic timeline now in operation
Maryland	7 years for most eligible felonies; 3 years for possession with intent to distribute cannabis; 10 years for first and second degree burglary and felony theft	Only a short list of felonies qualifies under Crim. Proc. 10-110(a)(2): theft, possession with intent to distribute a controlled dangerous substance, and first, second, and third degree burglary. Third degree burglary keeps the 7-year default. Robbery has no expungement path under this section at any level. Felony-grade second-degree assault is not on the felony list above either. The ordinary misdemeanor version of second-degree assault (Crim. Law 3-203) and common-law battery are separately eligible under 10-110(a)(1), with their own 7-year wait under 10-110(c)(2)
Minnesota	5 years for most eligible felonies; 4 years for felony drug possession (automatic)	Clean Slate automatic expungement under took effect January 2025. Eligible felonies are limited to those listed in , subd. 3(b), and the waits run from discharge of the sentence
Missouri	3 years (petition)	Rev. Stat. 610.140 is petition-based, not automatic. Lifetime cap of two felonies and three misdemeanors. A 2026 Clean Slate Act (signed July 2026) will automatically expunge eligible felonies after 3 years and misdemeanors after 1 year under the same caps, but the automatic process does not start running until August 28, 2029. The petition track above is what works today
New York	8 years (automatic)	Clean Slate Act, CPL 160.57. The widely quoted 3-year figure is the misdemeanor track. Class A felonies are excluded except those defined in Penal Law article 220, the controlled-substance offenses, which are eligible; sex offenses and sexually violent offenses under Correction Law 168-a are excluded

Every other state is covered on its own page in our state-by-state expungement guide, which runs to all 50 states and the District of Columbia. We keep the table here short on purpose. Waiting periods and eligible-offense lists in this area change often enough that a number we cannot stand behind is worse than no number, and this update found several widely repeated figures to be wrong. Before you count on a specific timeline, confirm it with the court that handled your case or your state's judiciary self-help pages.

States That Do Not Expunge Felony Convictions

Florida: expunction under Fla. Stat. 943.0585 is available only to a person who has "never ... been adjudicated guilty in this state of a criminal offense." A felony conviction disqualifies you. Florida's remedy reaches arrests and charges that did not end in an adjudication of guilt.
Arizona: no general expungement of felony convictions. Relief runs through a set-aside under ARS 13-905 and record sealing under ARS 13-911, which took effect January 1, 2023 and carries its own waits: five years after completion of the sentence for a class 4, 5, or 6 felony and ten years for a class 2 or 3 felony. Marijuana convictions have a separate true-expungement route under ARS 36-2862.

Watch the labels here. Several states use "sealing" or "nondisclosure" rather than "expungement" for relief that does much the same job, and a few states that appear to offer nothing under the word expungement do offer something under a different name. Search for what relief your state actually provides, not for the word.

What Cannot Be Expunged in Most States

Violent felonies such as murder, robbery, and serious assault
Sex offenses and any offense carrying a registration requirement
Crimes against children
The most serious felony class in most states, for example Class A felonies in New York, though New York carves the article 220 controlled-substance offenses back in
Domestic violence felonies
DUI and OWI in many states, covered in our DUI expungement guide

Clean Slate Laws: Automatic Record Clearing

Clean Slate laws clear eligible records automatically, without the person filing a petition. Fourteen states plus the District of Columbia have passed one, according to the Clean Slate Initiative's tracker.

Jurisdiction	Year passed
Pennsylvania	2018
Utah	2019
New Jersey	2019
Michigan	2020
Connecticut	2020
Delaware	2021
Virginia	2021
California	2022
Colorado	2022
Oklahoma	2022
District of Columbia	2022
Minnesota	2023
New York	2023
Illinois	2025
Missouri	2026

Passing a Clean Slate law and running one are different things, and the gap between them is often measured in years. Illinois shows the pattern: the legislature passed HB 1836 during the 2025 session, Governor Pritzker signed it on January 16, 2026 as Public Act 104-0459, and it took effect June 1, 2026, with automatic sealing phasing in on a later schedule set by the Act.

Until a state's automatic system is actually clearing records, the petition route is the one that works. Find out where your state sits in that rollout before assuming your record has cleared itself, and pull your own record to confirm rather than trusting the date a law took effect.

Federal Felonies

Federal felony convictions generally cannot be expunged. There is no general federal expungement statute.

The provision people point to, 18 U.S.C. 3607, is narrower than its reputation. It covers first-offense simple possession of a controlled substance, and it operates before judgment: the court places the person on probation "without entering a judgment of conviction" and may dismiss the proceedings at the end of the term. Because no conviction is entered, section 3607 is a diversion route. It is not a way to undo a federal felony conviction you already carry.

Section 3607(c) does authorize an expungement order, but only where "the person was less than twenty-one years old at the time of the offense."

A presidential pardon is the other federal route, applied for through the DOJ Office of the Pardon Attorney. A pardon restores civil rights, and under (a)(20) a pardoned conviction is not counted as a conviction for federal firearms purposes unless the pardon says otherwise. It does not by itself delete the underlying conviction from the record.

How a Felony Affects Your Life

Employment

The EEOC's enforcement guidance on arrest and conviction records is more limited than it is usually described. It states that Title VII "does not necessarily require individualized assessment in all circumstances." It sets out two ways an employer can show a criminal-records screen is job related and consistent with business necessity: validate the screen under the Uniform Guidelines on Employee Selection Procedures, or build a targeted screen around the nature and gravity of the offense, the time elapsed, and the nature of the job, then give excluded applicants a chance at individualized assessment.

So individualized assessment is the route the EEOC says helps employers avoid liability, not a right an applicant can demand on the spot. A blanket ban on hiring anyone with a felony record is still exposed to a disparate-impact claim under Title VII, but that is a claim someone has to bring.

Many states and cities have also enacted Ban the Box laws that keep criminal-history questions off the initial job application and push the inquiry later into the hiring process. Coverage differs sharply between public and private employers, so check your own state and city rather than assuming a national rule protects you.

Housing

HUD's Office of General Counsel issued guidance on April 4, 2016 applying Fair Housing Act standards to the use of criminal records by housing providers. It does not prohibit criminal-history screening. It says a provider who imposes "a blanket prohibition on any person with any conviction record no matter when the conviction occurred, what the underlying conduct entailed, or what the convicted person has done since then" will be unable to prove that policy is necessary to serve a substantial, legitimate, nondiscriminatory interest.

The guidance treats individualized assessment as a less discriminatory alternative rather than a flat requirement, and names the evidence that carries weight: the circumstances of the offense, the person's age at the time, tenant history before and after the conviction, and evidence of rehabilitation. It also notes that an arrest which did not lead to a conviction does not establish that criminal conduct occurred.

Voting Rights

Voting rights restoration varies sharply by state. The National Conference of State Legislatures groups the jurisdictions as follows.

Category	Jurisdictions
Never lose the right to vote, even while incarcerated	District of Columbia, Maine, Vermont
Rights restored automatically on release from prison	23 states
Rights lost during incarceration and for a period after, typically parole or probation	15 states
Indefinite loss for some crimes, or restoration only through a governor's pardon	10 states: Alabama, Arizona, Delaware, Florida, Iowa, Kentucky, Mississippi, Tennessee, Virginia, Wyoming

That fourth category is the one worth reading closely. It does not mean everyone with a felony in those ten states loses the vote forever; it means the state keeps a class of offenses, or a discretionary process, that can block restoration. If you live in one of them, confirm your own status with your state election office before you assume either way.

Gun Rights

Federal law at 18 U.S.C. 922(g)(1) makes it a crime for anyone convicted of a crime punishable by more than one year in prison to possess a firearm or ammunition. That is the general rule.

The rule has a statutory exception that most summaries leave out. 18 U.S.C. 921(a)(20) provides:

"Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms."

A state expungement, set-aside, pardon, or restoration of civil rights can therefore lift the federal bar on a state conviction. Whether it does depends on the wording of the specific relief you received. Where the state order or the state statute expressly preserves the firearms restriction, the federal prohibition survives the expungement.

The same paragraph limits how far that reaches. The sentence immediately preceding the one quoted above provides that "[w]hat constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held." State relief therefore reaches a state conviction only. No state's expungement and no governor's pardon touches a federal felony conviction; the only route there is federal relief, which in practice means a presidential pardon.

Watch out: getting this wrong is itself a federal felony, and the answer turns on the exact text of your state's relief and how the federal courts in your circuit read it. Do not rely on a general article, this one included, before possessing a firearm after a felony conviction. Have a lawyer licensed in your state read the actual order.

Professional Licensing

Licensing boards write their own rules, board by board and state by state. Some exclude applicants with particular convictions outright, others weigh the offense against the license sought, and many have adopted a preliminary-determination process that lets you ask about your record before you spend money on training or an exam.

Because no single federal rule governs this, check the specific board's regulations and published criteria for your state rather than relying on a general figure about how many barriers exist nationwide.

Background Checks

Under (a)(5), consumer reporting agencies may not report adverse items older than seven years, but the subsection expressly carves out "records of convictions of crimes." As a matter of federal law, a felony conviction can appear on a background check indefinitely.

Two qualifications matter. First, (b)(3) lifts the seven-year limits entirely where the report is used for employment at an annual salary that equals or may reasonably be expected to equal $75,000 or more. Second, several states impose their own reporting limits that are stricter than the federal floor. Those state rules differ and change, so check your state's consumer-reporting statute rather than assuming the federal rule is the whole picture.

After an expungement or sealing, the conviction should stop appearing on standard commercial background checks. Law enforcement, the courts, and some licensing and government agencies can often still reach sealed or expunged records, so treat "expunged" as "hidden from most employers," not "gone."

Frequently Asked Questions

How long does a felony stay on your record?

A felony stays on your record permanently unless you take legal action to have it expunged, sealed, or pardoned. There is no automatic expiration in any state. Many states allow expungement after a waiting period, commonly 3 to 10 years, and fourteen states plus D.C. have passed Clean Slate laws for automatic clearing, though not all of those systems are operating yet.

Can a felony be expunged?

In many states, yes. Eligibility depends on the state, the class of felony, and how much time has passed since you completed your sentence. Non-violent felonies are the most commonly eligible. Violent felonies, sex offenses, and crimes against children are excluded almost everywhere, and a few states, Florida among them, do not expunge convictions at all.

Does a felony show up on a background check after 7 years?

Yes. The seven-year limit in the Fair Credit Reporting Act, 15 U.S.C. 1681c, applies to arrests and civil judgments. Subsection (a)(5) expressly carves out records of convictions, so a felony conviction can be reported indefinitely under federal law. Some states set stricter limits of their own, so check your state's consumer-reporting statute.

Can a federal felony be expunged?

Generally no. There is no general federal expungement statute. Section 18 U.S.C. 3607 is often cited, but it applies to first-offense simple drug possession and works before judgment, placing the person on probation without entering a conviction. Its expungement order under subsection (c) is limited to people who were under 21 at the time of the offense, so it does not help someone who already has a federal felony conviction.

What is a Clean Slate law?

Clean Slate laws clear eligible criminal records automatically, without the person filing a petition. Fourteen states plus D.C. have passed one, according to the Clean Slate Initiative. Pennsylvania was first in 2018 and Missouri the most recent in 2026. Passing a law is not the same as running one; Illinois signed its Clean Slate Act in January 2026 with automatic sealing phasing in later, so the petition route still applies in the meantime.

Can I vote with a felony?

It depends on the state. In the District of Columbia, Maine, and Vermont you never lose the right, even while incarcerated. In 23 states rights are restored automatically on release from prison, and in 15 more after parole or probation. Ten states keep an indefinite loss for some offenses or require a governor's pardon: Alabama, Arizona, Delaware, Florida, Iowa, Kentucky, Mississippi, Tennessee, Virginia, and Wyoming.

Can I own a gun with a felony?

The general rule under 18 U.S.C. 922(g)(1) is no. But 18 U.S.C. 921(a)(20) provides that a conviction which has been expunged, set aside, pardoned, or for which civil rights have been restored is not counted as a conviction for federal firearms purposes, unless that relief expressly says the person may not possess firearms. So the answer depends on the exact wording of your state relief. The same paragraph also provides that what counts as a conviction is decided by the law of the jurisdiction that heard the case, so state relief clears a state conviction only; a federal conviction takes federal relief, in practice a presidential pardon. Because a mistake here is a federal felony, have a lawyer licensed in your state read the actual order before you rely on it.

Updates

August 20, 2026

Corrected the Maryland row: second-degree assault (the ordinary misdemeanor version) and common-law battery do have an expungement path in Maryland, at 7 years, even though robbery and felony-grade assault do not. Also added a note to the Missouri row that a 2026 Clean Slate law will start automatically expunging eligible records, though not until 2029.

August 20, 2026

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

August 9, 2026

Governing law re-checked for recent changes

August 4, 2026

Corrected the firearms section: federal law does allow a state expungement, set-aside, pardon, or restoration of civil rights to lift the firearm ban under 18 U.S.C. 921(a)(20) unless the relief expressly says otherwise, replacing the earlier claim that the ban applied regardless of state expungement. The same section now notes the limit in that statute, that state relief clears a state conviction only and a federal conviction takes a presidential pardon. Corrected Maryland's felony waiting periods against Crim. Proc. 10-110: the 10-year wait applies to first and second degree burglary and felony theft, not to robbery or assault, which have no expungement path under that section at all. Corrected New York to show that Class A drug felonies under Penal Law article 220 are eligible for Clean Slate sealing rather than permanently excluded. Replaced Colorado's approximate petition timeline with the exact schedule in C.R.S. 24-72-706, added the Arizona sealing waits and the Minnesota and California automatic-relief periods, and added source citations for every state figure on the page. Also updated the Illinois and Missouri entries against the state statutes, expanded the voting-rights list from 3 states to the 10 the cited NCSL source reports, rebuilt the Clean Slate table to 14 states plus D.C., corrected the EEOC and HUD sections to match what those agencies actually say, and removed figures that could not be verified.

August 4, 2026

Independently fact-checked against the cited primary sources

December 28, 2021

Reviewed and approved by an editor

The Law Behind This Article

This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.

Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 9 (PROBATION AND RESTORATION OF CIVIL RIGHTS)

§ 13-911Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definitionIn forcecited in 6 of our articles

A. A person may file a petition to seal all case records related to a criminal offense if the person was: 1. Convicted of a criminal offense and has completed all of the terms and conditions of the sentence that was imposed by the court, including the payment of all monetary obligations and restitution to all victims. 2. Charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at a trial. 3. Arrested for a criminal offense and no charges were filed. B. All case records that are sealed pursuant to this section may be: 1. Alleged as an element of an offense. 2. Used as a historical prior felony conviction. 3. Admissible for impeaching any party or witness in a subsequent trial. 4. Used to enhance the sentence for a subsequent felony. 5. Used to enhance the sentence pursuant to sections 28-1381 and 28-1382. 6. Pleaded and proved in any subsequent prosecution of the person by this state or a political subdivision of this state. 7. Used as a conviction if the conviction would be admissible if the conviction was not sealed. C. The person shall file a petition to seal all case records in one of the following: 1.

Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at azleg.gov

Cited in 15 court opinionsMost recently applied by a court: 2026

In the courts (editorial summary, independently checked):Case law on A.R.S. 13-911 is thin, because the pre-1978 section with that number was Arizona's concealed-weapons statute. Wake v. State (2026) applied the current sealing statute, holding that subsection (E) requires every nonmonetary probation condition, including community service hours, to be complete before petitioning to seal.

Leading cases:

City of Phoenix v. Jones (Court of Appeals of Arizona 1975, 25 Ariz. App. 98)“…iding Judge. Must a defendant charged with a violation of A.R.S. § 13-911, "carrying a concealed weapon" be affor…”
State Ex Rel. Williams v. City Court of Tucson (Court of Appeals of Arizona 1974, 21 Ariz. App. 318)“…cealed weapon, to-wit a switch blade knife, in violation of A.R.S. § 13-911. When the prosecution established that…”
Wake v. State (Court of Appeals of Arizona 2026)✓Wake was discharged from probation after doing 10 of 360 ordered community service hours, then petitioned to seal his record. The court held A.R.S. 13-911(E) requires all nonmonetary probation conditions to be complete first, so dismissing his petition was no abuse of discretion.

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Arizona Expungement Laws: Set Aside, Record Sealing, and Marijuana Expungement, Arizona Background Check Laws (2026 Guide), Arizona DUI Laws: Penalties, BAC Limit & License (2026)

California Penal Code

§ 1203.425In forcecited in 4 of our articles

(a) (1) (A) Commencing October 1, 2024, and subject to an appropriation in the annual Budget Act, on a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, shall identify persons with convictions that meet the criteria set forth in subparagraph (B) and are eligible for automatic conviction record relief. (B) A person is eligible for automatic conviction relief pursuant to this section if they meet all of the following conditions: (i) The person is not required to register pursuant to the Sex Offender Registration Act. (ii) The person does not have an active record for local, state, or federal supervision in the Supervised Release File. (iii) Based upon the information available in the department’s record, including disposition dates and sentencing terms, it does not appear that the person is currently serving a sentence for an offense and there is no indication of pending criminal charges.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov

Also relied on in: California Expungement Laws: Dismissal and Record Relief, Expungement Laws by State: How to Clear Your Record (2026), California Court Records: Why There's No Statewide Portal, and How Each County Search Works

Florida Statutes

§ 943.0585Court-ordered expunction of criminal history records.In forcecited in 4 of our articles

(1) ELIGIBILITY.—A person is eligible to petition a court to expunge a criminal history record if:(a) An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record. (b) An indictment, information, or other charging document was filed or issued in the case giving rise to the criminal history record, was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction or a judgment of acquittal was rendered by a judge, or a verdict of not guilty was rendered by a judge or jury. (c) The person is not seeking to expunge a criminal history record that is ineligible for court-ordered expunction under s. 943.0584. (d) The person has never, as of the date the application for a certificate of expunction is filed, been adjudicated guilty in this state of a criminal offense or been adjudicated delinquent in this state for committing any felony or any of the following misdemeanors, unless the record of such adjudication of delinquency has been expunged pursuant to s. 943.0515:1. Assault, as defined in s. 784.011; 2. Battery, as defined in s. 784.03; 3.

Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at leg.state.fl.us

Cited in 27 court opinionsMost recently applied by a court: 2024

In the courts (editorial summary, independently checked):Florida courts have applied section 943.0585 to expunction petitions. State v. Silva (1997) held the FDLE certificate of eligibility is a condition precedent, so agencies need not act on an expunction order entered without one. Randall v. Florida Dept. of Law Enforcement (2001) held a full pardon does not erase an adjudication of guilt.

Leading cases:

Randall v. Florida Dept. of Law Enforcement (District Court of Appeal of Florida 2001, 791 So. 2d 1238)✓Randall, pardoned in 1998 for a 1985 notary felony, was refused a certificate of eligibility for expunction under section 943.0585(2)(e); the court held a full pardon removes punishment but not the adjudication of guilt, so the refusal stood and the record stayed intact.
State v. Silva (District Court of Appeal of Florida 1997, 691 So. 2d 529)✓Silva won an expunction order after a pretrial diversion program without first obtaining the FDLE certificate of eligibility; the court held that certificate is a condition precedent under section 943.0585, so the order could reach only her court records, not agency records.
In Re: Amendments to Florida Rules of Criminal Procedure 3.692 and 3.989 - 2019 Fast-Track Report (Supreme Court of Florida 2019)“…County, who will comply with the procedures set forth in section 943.0585, Florida Statutes, and appropriate regulations of the Flo…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Florida Background Check Laws (2026 Guide), Florida Expungement Laws: Seal vs. Expunge, FDLE Certificate of Eligibility, and Eligibility Rules (2026), Florida DUI Laws: Penalties, BAC Limit & License (2026)

Maryland Code, Criminal Procedure Article

§ 10-110In forcecited in 2 of our articles

§10–110. (a) A person may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if the person is convicted of: (1) a misdemeanor that is a violation of: (i) § 6–320 of the Alcoholic Beverages and Cannabis Article; (ii) an offense listed in § 17–613(a) of the Business Occupations and Professions Article; (iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of the Business Regulation Article; (iv) § 3–1508 or § 10–402 of the Courts Article; (v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law Article; (vi) § 5–211 of this article; (vii) § 3–203 or § 3–808 of the Criminal Law Article; (viii) § 5–601 not involving the use or possession of cannabis, § 5–602(b)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law Article; (ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 6–301, § 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; (x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the Criminal Law Article; (xi) § 8–103, § 8–106, § 8–204, § 8–206, § 8–401, §…

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov

Cited in 3 court opinionsMost recently applied by a court: 2022

Leading cases:

Expungement Petition of Vincent S. (Court of Special Appeals of Maryland 2022)“…at the circuit court employ the authority granted to it by Md. Code, Crim. Proc. § 10-110 to enter orders expunging “all police…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Maryland Expungement Laws: Eligibility, Waiting Periods, and How to File (2026)

Minnesota Statutes, Chapter 609A: EXPUNGEMENT

§ 609A.015AUTOMATIC EXPUNGEMENT OF RECORDSIn forcecited in 4 of our articles

Subdivision 1. Eligibility; dismissal; exoneration. (a) A person who is the subject of a criminal record or delinquency record is eligible for a grant of expungement relief without the filing of a petition: (1) if the person was arrested and all charges were dismissed after a case was filed unless dismissal was based on a finding that the defendant was incompetent to proceed; (2) upon the dismissal and discharge of proceedings against a person under section 152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled substance; or (3) if all pending actions or proceedings were resolved in favor of the person. (b) For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution in favor of the person. For purposes of this chapter, an action or proceeding is resolved in favor of the person if the petitioner received an order under section 590.11 determining that the person is eligible for compensation based on exoneration. (c) The service requirements in section 609A.03, subdivision 8, do not apply to any expungements ordered under this subdivision.

Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at revisor.mn.gov

Also relied on in: Minnesota Expungement Laws: Clean Slate Act and Petition Guide, Minnesota Court Records: How to Search, What's Public, and How to Seal Them

§ 609A.02GROUNDS FOR ORDERIn forcecited in 3 of our articles

Subdivision 1. Certain controlled substance offenses. Upon the dismissal and discharge of proceedings against a person under section 152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled substance, the person may petition under section 609A.03 for the sealing of all records relating to the arrest, indictment or information, trial, and dismissal and discharge. Subd. 2. Juveniles prosecuted as adults. A petition for the sealing of a conviction record may be filed under section 609A.03 by a person who has been committed to the custody of the commissioner of corrections upon conviction of a crime following certification to district court under section 260B.125, if the person: (1) is finally discharged by the commissioner; or (2) has been placed on probation by the court under section 609.135 and has been discharged from probation after satisfactory fulfillment of it. Subd. 3. Certain criminal proceedings.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov

Cited in 48 court opinionsMost recently applied by a court: 2025

Leading cases:

State v. M.L.A. (Court of Appeals of Minnesota 2010, 785 N.W.2d 763)“…13 , subd. 1(2) (2008). . Statutory expungement under Minn.Stat. § 609A.02, subd. 3 (2008) is limited to situation…”
State v. M.D.T. (Supreme Court of Minnesota 2013, 831 N.W.2d 276)“…f criminal records for certain controlled substance crimes, Minn.Stat. § 609A.02, subd. 1, certain juvenile offenders pr…”
State v. Ambaye (Supreme Court of Minnesota 2000, 616 N.W.2d 256)“…ngement of criminal records in certain circumstances. See Minn.Stat. § 609A.02 (1998). Relevant to this case is the st…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Revised Statutes of Missouri, Title XXXIX (CONDUCT OF PUBLIC BUSINESS), Chapter 610

§ 610.140Expungement of certain criminal records — definitions — petition, contents, procedure — effect of expungement on employer inquiry — lifetime limits.In forcecited in 5 of our articles

1. For the purposes of this section, the following terms mean: (1) "Court", any Missouri municipal, associate circuit, or circuit court; (2) "Crime", any offense, violation, or infraction of Missouri state, county, municipal, or administrative law; (3) "Prosecutor" or "prosecuting attorney", the prosecuting attorney, circuit attorney, or municipal prosecuting attorney. 2. (1) Notwithstanding any other provision of law and subject to the provisions of this section, any person may apply to any court in which such person was charged or found guilty of any crimes for an order to expunge records of such arrest, plea, trial, or conviction. (2) Subject to the limitations of subsection 13 of this section, a person may apply to have one or more crimes expunged if each such crime occurred within the state of Missouri and was prosecuted under the jurisdiction of a Missouri court, so long as such person lists all the crimes he or she is seeking to have expunged in the petition and so long as all such crimes are not excluded under subsection 3 of this section.

Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at revisor.mo.gov

Cited in 15 court opinionsMost recently applied by a court: 2026

In the courts (editorial summary, independently checked):Perkins v. Bridgeton Police Dept. (2018) read Section 610.140 by its plain text, holding a forgery conviction could not be expunged because the statute did not list it, though the same conduct charged otherwise would qualify. S.E.M. v. St. Louis County (2019) held the statute is remedial, so a later amendment governed a pending petition.

Leading cases:

Perkins v. Bridgeton Police Dept. (Missouri Court of Appeals 2018, 549 S.W.3d 504)✓Nine 1991 forgery convictions were expunged below on the reasoning that the same check conduct could have been charged as a fraudulent-device offense the statute allows. The court held section 610.140's list of eligible offenses is plain, forgery is absent, and reversed.
Randall D. Friedberg v. Mark S. Owen, Platte County Sheriff (Missouri Court of Appeals 2020)✓A sheriff denied a concealed carry permit solely because the applicant pleaded guilty to a 1991 felony later expunged under section 610.140. The court held subsection .9 bars automatic disqualification for an expunged offense, though the sheriff may still weigh it as one factor.
S.E.M. v. St. Louis County, Missouri, and Missouri State Highway Patrol Criminal Records Repository (Missouri Court of Appeals 2019)✓The state patrol argued a 1993 misdemeanor within seven years of S.E.M.'s discharge barred expunging his 1987 felony drug convictions forever. The court held the seven-year window in the August 2018 version of 610.140.5(1) counts backward from the petition's filing.

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Missouri Expungement Laws: Mo. Rev. Stat. § 610.140 Guide (2025), Missouri Enacts Automatic 'Clean Slate' Expungement for Drug Offenses Under SB 1421, Missouri Background Check Laws (2026 Guide)

New York Criminal Procedure Law

§ 160.57Automatic sealing of convictionsIn forcecited in 5 of our articles

Automatic sealing of convictions. 1. Convictions for certain traffic infractions or a crime defined in the laws of this state shall be sealed in accordance with this section as follows: (a) Convictions for subdivision one of section eleven hundred ninety-two of the vehicle and traffic law shall be sealed after three years. (b) Criminal convictions shall be sealed upon satisfaction of the following conditions: (i) for a misdemeanor conviction, at least three years have passed from the defendant's release from incarceration or the imposition of sentence if there was no sentence of incarceration. If the defendant is subsequently convicted of a crime before a prior conviction is sealed pursuant to this section, the calculation of time for such prior conviction shall start upon the same date as the time calculation starts for the subsequent criminal conviction; (ii) for a felony conviction, at least eight years have passed from the date the defendant was last released from incarceration for the sentence of the conviction eligible for sealing or from the imposition of sentence if there was no sentence of incarceration.

Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at legislation.nysenate.gov

Also relied on in: New York Expungement Laws: Record Sealing and the Clean Slate Act, New York's Clean Slate Act Takes Effect: Millions of Old Convictions Now Seal Automatically, New York Court Records: How to Search eCourts, the $95 CHRS Fee, and Both Sealing Tracks

United States Code Title 15

§ 1681cRequirements relating to information contained in consumer reportsIn forcecited in 54 of our articles

Except as authorized under subsection (b), no consumer reporting agency may make any consumer report containing any of the following items of information: Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years. Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. Paid tax liens which, from date of payment, antedate the report by more than seven years. Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Cited in 383 court opinionsMost recently applied by a court: 2026

In the courts (editorial summary, independently checked):Katz v. Donna Karan Co. (2017) addressed the FACTA truncation rule in 1681c(g) and affirmed dismissal for lack of Article III standing, treating material risk of harm as a fact question. Edward Seamans v. Temple University (2014) held the seven-year window in 1681c(a)(4) is extended for an education loan only until that loan is repaid.

Leading cases:

Katz v. Donna Karan Co. (Court of Appeals for the Second Circuit 2017, 872 F.3d 114)✓A shopper sued two stores whose receipts printed the first six digits of his credit card number; the Second Circuit affirmed dismissal for lack of standing, seeing no clear error in the finding that those digits show only the card issuer, not a material risk of identity theft.
Edward Seamans v. Temple University (Court of Appeals for the Third Circuit 2014, 744 F.3d 853)✓A defaulted university loan kept appearing on a borrower's credit reports after he repaid it because the school never reported the delinquency date; the Third Circuit held the Higher Education Act suspends section 1681c(a)(4)'s aging-off rule only until repayment.
Gonzales v. Arrow Financial Services, LLC (Court of Appeals for the Ninth Circuit 2011, 660 F.3d 1055)✓A debt buyer offered to settle health club debts over seven years old, saying that if it was reporting the account the bureaus would be told it was settled; the Ninth Circuit, treating those debts as unreportable under section 1681c(a)(4), called that implication misleading.

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Alabama Background Check Laws (2026 Guide), Louisiana Background Check Laws (2026 Guide), Tennessee Background Check Laws (2026 Guide)

United States Code Title 18

§ 3607Special probation and expungement procedures for drug possessorsIn forcecited in 2 of our articles

If a person found guilty of an offense described in section 404 of the Controlled Substances Act (21 U.S.C. 844)— has not, prior to the commission of such offense, been convicted of violating a Federal or State law relating to controlled substances; and has not previously been the subject of a disposition under this subsection; the court may, with the consent of such person, place him on probation for a term of not more than one year without entering a judgment of conviction. At any time before the expiration of the term of probation, if the person has not violated a condition of his probation, the court may, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. At the expiration of the term of probation, if the person has not violated a condition of his probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. If the person violates a condition of his probation, the court shall proceed in accordance with the provisions of section 3565.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Cited in 164 court opinionsMost recently applied by a court: 2026

Leading cases:

Hector Tito Lujan-Armendariz v. Immigration and Naturalization Service, Mauro Roldan-Santoyo v. Immigration and Naturalization Service (Court of Appeals for the Ninth Circuit 2000, 222 F.3d 728)“…iction of a crime, or for any other purpose.” 18 U.S.C. § 3607 (b) (emphasis added); Garberding…”
Fernandez-Bernal v. Attorney General of the United States (Court of Appeals for the Eleventh Circuit 2001, 257 F.3d 1304)“…eligible for relief under the Federal First Offender Act, 18 U.S.C. § 3607 (“FFOA”), which instructs that a dispo…”
Byron Paredes-Urrestarazu v. U.S. Immigration and Naturalization Service (Court of Appeals for the Ninth Circuit 1994, 36 F.3d 801)“…S.C. § 844 (b)(1), and its successor provision codified at 18 U.S.C. § 3607 , has provided a mechanism very similar…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

§ 921DefinitionsIn forcecited in 4 of our articles

As used in this chapter— The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company. The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone). The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Cited in 3,010 court opinionsMost recently applied by a court: 2026

Leading cases:

Rehaif v. United States (Supreme Court of the United States 2019, 588 U.S. 225)“…arms Owners’ Protection Act, 100 Stat. 449, note following 18 U. S. C. §921, which reorganized the prohibition on f…”
United States v. Biswell (Supreme Court of the United States 1972, 406 U.S. 311)“…the Court. The Gun Control Act of 1968, 82 Stat. 1213 , 18 U. S. C. § 921 et seq., authorizes official entry d…”
Muscarello v. United States (Supreme Court of the United States 1998, 524 U.S. 125)“…e is “explosive,” “incendiary,” or delivers ‘‘poison gas.” 18 U. S. C. § 921 (a)(4)(A). On petitioners’ reading, the…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), ATF "Engaged in the Business" Rule Vacated Nationwide in Texas v. ATF, 18 U.S.C. § 922 Explained: Prohibited Persons, Penalties

§ 922Unlawful actsIn forcecited in 61 of our articles

It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Cited in 40,024 court opinionsMost recently applied by a court: 2026

In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.

Leading cases:

United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.