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Lawboop, Lawyer
Category: Criminal Law
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Experience:  Over ten years of legal experience, criminal defense counsel on regular and mental health docket.
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How long can a felony drug conviction be kept

Resolved Question:

How long can a felony drug conviction be kept on your record and how long can that legally be held against you? I have a conviction from 1985 and was recently fired(allowed to resign) because it showed up on a background check. My record is clean since then.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Lawboop replied 8 years ago.

Forever. Yes, it is unfair. Yes, it was a long time ago. But it can be considered by an employer. Employers typically fire for undisclosed felonys or because you cannot do your job as a felon. If you lied on the application, they have an absolute right to terminate. If there is a written contract or collective bargaining agreement there may be a process in place that was required to be followed before termination.

Generally, if it is so long ago and it is your only felony (sometimes more than one), you will want to get your record "expunged". Expungement is a process where long ago one-time felonies are removed from your record. You will need an attorney to help you with this - you don't just call someone to fix.

Once the record is expunged, in most cursory background checks it will not appear. It will appear in some law enforcement checks. Then, depending on the application and your state, you may be allowed to answer on an application that the felony was removed or answer no to questions about felonies - but, your expungement attorney will need to review that with you.

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