How Long Does a Conviction Stay on My Record

by mikezimmerman on May 7, 2010

I get this question a lot and there are a lot of myths and misunderstandings surrounding this point. A lot of people have the impression that convictions “fall off” or are magically wiped from your record after a certain period of time. I think the Transportation Cabinets practice of limiting the time frame that they look back at one’s record and the insurance companies’ practice of only considering the past five years of one’s driving record play a big role in the confusion.

Let me be very clear A CONVICTION STAYS ON YOUR RECORD FOREVER. It does not matter if the charge was a misdemeanor or a felony, unless you were a juvenile at the time, whatever you were convicted of is still on your record today, no matter how long ago it was.

Many people find this out when it is too late. During a job application they either list the conviction thinking that the company will not consider it because it is “too old” or, worse yet, the leave t off the application al together, believing that the passage of time has made those old charges disappear. It simply is not true and most employers in Cincinnati and Northern Kentucky will find them during a standard criminal background check.

The only exception is if the case was properly expunged. That will be the subject of my next post. So, barring the court allowing a later expungement if you are eligible, the best way to keep a conviction from preventing you from getting the job you want is to not get convicted in the first place. That is why good representation is so important. You need to contact an attorney as soon as possible so they can review the evidence in your case and determine what defenses exist. To the untrained eye most cases look hopeless, but to an experienced criminal law attorney most cases have something worth fighting over. Get the facts and know what’s at stake before making any decision to get a permanent black mark on your record. Your future may depend on it.

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