If you have ever been charged with or convicted of a felony in Florida, you may be wondering if that felony record can eventually go away or how long it will remain on your record. The reality is that felony records in Florida are permanent unless the charges are dismissed and formally sealed or expunged.
Understanding the longevity of felony records and the limitations of Florida’s laws is essential to protecting your rights and determining the appropriate next steps to take.
How Long Does A Felony Stay On Your Record in Florida?
In Florida, a felony charge can stay on your record for the rest of your life. However, individuals have the option to seek expungement if the charge does not result in a conviction.
The expungement process includes specific eligibility criteria and legal steps, and it’s important to note that not all felony convictions can be expunged.
Looking forward to expunging your felony charge? Check out Expunging a Felony Record: Eligibility, Process, & Costs.
Felony Charge vs. Conviction: Does It Matter?
| Type of Record | Duration | Can Be Expunged/Sealed? | Public Accessibilities | Appear on Background Check? |
|---|---|---|---|---|
| Felony Charge | Permanent | Yes, if qualified | Yes, unless sealed or expunged | No, if expunged |
| Felony Conviction | Permanent | No under current law | Yes, always | Yes, as always |
In Florida, both a felony charge and a felony conviction will show up on your criminal record but they are not the same thing, and they carry very different legal consequences.
- A Felony Charge: means the State filed formal accusations against you. Even if your case was later dismissed or you weren’t found guilty, that charge will remain on your record indefinitely. However, you may be able to expunge or seal a felony charge if you meet certain eligibility requirements. Once your record is expunged, it will not be accessible through background checks, which improves your chances of securing employment or housing.
- A Felony Conviction: means the court found you guilty, either through a plea or trial. If you’ve been convicted of a felony in Florida, you are permanently ineligible for sealing or expungement under current law. The conviction will remain on your criminal record for life and will appear on background checks. A felony conviction can severely limit your access to employment, housing, and educational opportunities.
Expunge Your Records in Less Than 5 Months?
Clearing the Myth: Do Felonies Actually Go Away After 7 Months?
A common misconception floating around online and even among some well-meaning individuals is the idea that felonies “automatically disappear” from your record after seven months. Unfortunately, this belief is not only inaccurate but potentially damaging for those trying to make informed decisions about their future.
In Florida, felonies do not vanish on their own not after seven months, seven years, or even seventy years. Once you are convicted of a felony, that conviction becomes a permanent part of your criminal history record unless you take specific legal action.
What the Law Actually Says
According to Florida Statutes 943.0585 and 943.059, only certain charges that did not result in a conviction may qualify for expungement or sealing. If you were adjudicated guilty of a felony, you are not eligible for expungement or sealing under current Florida law.
This means there is no automatic removal of your felony record. After a period of time, it will continue to appear on background checks conducted by employers, landlords, and licensing agencies
Where Does the “7-Year” Myth Come From?
This myth may stem from outdated or misapplied federal employment laws, such as provisions in the Fair Credit Reporting Act (FCRA), which sometimes limit how far back background checks can go in private employment settings. However, these rules do not apply to government records or most criminal databases, and they do not erase the record itself. They may simply prevent certain background reports from disclosing older information in limited contexts.
Why Legal Guidance Matters
Clearing your record in Florida requires a thorough understanding of eligibility requirements, statutory exclusions, and procedural compliance. As an experienced Florida expungement attorney, we help clients assess their options with accuracy and honesty, whether they are pursuing a sealing, expungement, or clemency petition.
Do not let myths misguide your future. If you have a felony on your record, contact us to explore your legal options with a strategy that is grounded in Florida law, not internet rumors.
