Does Your Criminal Record Clear After 7 Years? Unraveling The Myth

Your Criminal Record: What Is It?

At its core, a criminal record is a chronicle of your interactions with the justice system - a compilation of your arrests and criminal convictions. When a potential employer decides to assess your criminal background, they typically engage a consumer reporting agency. The resulting report, though based on public records, isn't exactly your "official" criminal history. Instead, it's a reflection of available public records about you.

Demystifying the Seven-Year Rule

The idea that criminal records vanish after 7 years is widespread. However, it's essential to differentiate between background checks and the actual expungement of a criminal record. Originating from federal law, the seven-year rule mandates that consumer reporting agencies can't highlight an arrest older than seven years. Yet, any conviction, regardless of its age, can be reported indefinitely to criminal justice agencies. In layman's terms, if you were arrested, and the charges were subsequently dropped, the arrest should remain unreported after seven years. However, should that arrest culminate in a conviction, it's fair game forever.

Notably, a significant exception exists: if a job you're applying for offers a salary exceeding $75,000, the arrest can still be disclosed. Despite the intentions behind it, the seven-year rule offers minimal protection for job seekers with past arrests.



Furthermore, it's important to emphasize that non-public information (like expunged arrests or Deferred Adjudication sealed through Non-Disclosure) is off-limits for consumer reporting agencies, irrespective of the arrest's timing.

Understanding Expungement and Record Clearing

The vast majority of states require those eligible for getting their criminal record expunged to embark on a typically convoluted and costly legal journey, either independently or with legal counsel, to get a record sealing or expunge their arrest record.



Recently, about twenty states introduced provisions for the automatic clearing of arrests and/or non-convictions. In states like Michigan and Colorado, recent legislation even automates the process of clearing certain eligible felonies after a decade.

Some states have laws that prevent certain crimes from appearing on background checks after seven years, especially when they are non-violent or if the individual hasn’t committed another crime within those seven years.

If you're looking to genuinely clear your criminal history record, you should explore the process of expungement. It's a legal procedure through which an offense is either sealed or erased, depending on the state's laws. However, not all crimes are eligible, and the process can be lengthy and intricate.

Steps Towards Expungement

1. Check Eligibility: Research your state's laws to determine if your specific crime is eligible for expungement.
2. Petition the Court: Begin the process by filing a formal request or petition to the court.
3. Hearing: Some states might require a hearing, where you'd need to present reasons for the request.
4. Obtain a Lawyer: Given the complexities involved, it's always wise to consult with an attorney who specializes in criminal law to navigate the process efficiently.

But Does The Record Truly Disappear?

In short, no. Even if certain offenses might not appear on a background check after 7 years, the criminal record itself still exists. Authorities and law enforcement agencies can always access a full criminal history, irrespective of how much time has elapsed.

Factors to Consider

1. Type of Crime: Not all crimes are treated equally. Serious crimes, especially violent ones, are more likely to stay on your record for a longer duration, often indefinitely.
2. State Regulations: The laws surrounding the expungement or sealing of criminal records vary widely from one state to another. Some states might allow the removal of a misdemeanor after a certain period, while others might not.
3. Subsequent Offenses: Individuals who maintain a clean record post-conviction have a higher chance of benefiting from laws that restrict the visibility of past offenses.

Decoding Background Checks

What appears on a background check largely depends on the type of job and the employer's criteria. Employers utilize these criminal background checks to identify the best-fit candidates and shield themselves from potential liabilities.



These checks can span from criminal and driving records to health and financial histories. They may encompass court records, outstanding warrants, military records, past drug tests, and even a peek into your online persona via social media.

However, what about convictions that are over seven years old? Generally, non-convictions can appear on a background check for a maximum of seven years. So, while felony arrest may be reported for up to seven years, felony convictions is always on record. However, several states, including California, Texas, and New York, limit the reporting of cases older than seven years. Many employers, on their own volition, choose to review only the last 5 or 10 years.

The “Clean Slate” Movement

Recent years have witnessed a concerted effort, spearheaded by the Clean Slate Initiative, to revolutionize record-clearing policies across the US. This movement seeks to grant millions a much-needed second chance.



Moreover, the "Clean Slate Act of 2021" is awaiting approval at the federal level. On the state front, there's a palpable shift towards automated record-clearing policies, with states like Pennsylvania leading the charge.

Conclusion

While the notion of your criminal record magically clearing after seven years is largely a myth, evolving state and federal laws are paving the way for more transparent and forgiving policies. Being informed is the first step towards understanding and asserting your rights in the world of employment and beyond.



If you or someone you know is grappling with the repercussions of a criminal record and is keen to explore expungement options, consult with a knowledgeable criminal defense attorney. The Law Office of Rolando Cantu is committed to providing competent, effective legal representation. Contact our office today to schedule a consultation. Remember, it's never too late.