How Long Does a Felony Conviction Stay on My Criminal Record in California?

A felony conviction carries jail time, fines, and potential community service, with the collateral consequences impacting a person’s life once their sentence is completed. If you have been prosecuted for a felony, the conviction will remain on your record forever unless you get the offense expunged. In California, you may be eligible for expungement if you meet specific criteria, including completing your probation.

Given the long-term effects of a felony conviction, our criminal defense attorneys are here to answer any of your concerns and guide you through filing for expungement or having your record sealed.

Collateral Consequences of Felony Conviction

A felony conviction may lead to any of the following long-term consequences:

Difficulty Finding Adequate Housing

A felony conviction will appear on a background check, which most landlords conduct when interviewing prospective tenants. Landlords are less likely to rent to a person with a criminal history. However, under the state’s Fair Housing Act, landlords are prohibited from denying a prospective tenant housing based on a criminal record. More specifically, landlords can only reject an individual’s housing application if the nature of the criminal offense would endanger other tenants. 

Difficulty Obtaining Employment

It takes ex-convicts at least six months to find a job after release. Having a felony conviction on your record makes it challenging to find work, with employers being reluctant to hire ex-offenders. Given the hardship former convicts face, the California legislature passed The Fair Chance Act, a type of “Ban the Box” law. It is illegal for an employer with five or more employees to ask a job applicant if he or she has a criminal history before making a job offer.

After offering you the position, an employer is allowed to conduct a background check. If you have a criminal record, an employer must consider the nature of your offense and the amount of time since your conviction in making a final determination regarding your employment. If the employer does decide to rescind the offer, he or she must do so in writing. 

Loss of Firearm Rights

A felony conviction in California will result in a lifelong loss of firearm rights. A convicted felon is not allowed to own or use a firearm, including handguns, rifles, or shotguns. However, a misdemeanor conviction will not result in the revocation of gun rights.

Which Crimes Qualify for Expungement or Record Sealing in CA?

If you have a felony conviction, you may be eligible to have your criminal record expunged. An expungement, or expunction, erases a conviction from a person’s record, meaning that the individual no longer must reveal the information on a job or rental application. To apply, you must have no criminal charges pending nor be serving time for any other crimes. Anyone convicted of a violent, sexual, or other serious criminal offense will be ineligible for expungement. 

However, under the Clean Slate Act, most individuals with felony convictions in California will be eligible to have their records sealed, making them inaccessible to the public. Under the new law, your record will be automatically sealed after four years of completing your sentence or probation, granted that you have no new charges or convictions brought against you. You should speak to our criminal defense team to determine if you qualify for an expungement or record sealing. 

Aggressive Representation from Our CA Criminal Defense Lawyers

The intricacies of the law can make it challenging to understand your rights. At Bamieh & De Smeth, PLC, we are dedicated to standing up for our clients, giving them the best chance to live a fulfilling life. Whether you have recently been charged with a felony or are interested in getting a conviction removed from your record, our CA criminal defense attorneys are ready to assist you. To schedule your free case evaluation and discuss your case, contact us online or by phone.