Where Outdated Charges Are Still Damaging Your Name in 15 States

September 9, 2025

An outdated charge may seem like history once years have passed, but for many people, it lingers on the public record. Even when criminal proceedings are finished, charges can continue to appear in background checks and search results. In 15 states, outdated charges are still allowed to affect a person’s name, reputation, and opportunities.

What Are Outdated Charges?

Outdated charges are criminal charges or arrests that remain on criminal records long after the criminal statute of limitations has expired or the case has been closed.

They can stem from many types of criminal cases:

• Misdemeanor offenses like theft or fraud
• Felony convictions, such as violence or conspiracy
• Pending charges that were never resolved but remain in court files
• Serious crimes like human trafficking or murder charges, which may have no limitations period at all

Even if you were never convicted, the record of being arrested or charged can remain available as part of the public record. Employers, landlords, and lenders often request these records, which means outdated charges can still determine how others view you.

Why Do Outdated Charges Still Matter?

Outdated charges continue to cause harm because:

• They appear in background checks: Courts and police records are often accessible to the public, and private companies collect this data.
• They influence judgments: A district attorney may have dropped the case, but a potential employer may still see “criminal charges” and assume guilt.
• They impact daily life: People with outdated charges report being denied jobs, housing, or loans, even after probation or dismissal.
• They create reputational damage: Once information is online, it spreads easily and may be linked to your name for years.

In short, outdated charges carry consequences similar to convictions, even when the criminal procedure has ended and no crime was proven.

Which States Still Allow Outdated Charges to Remain?

Laws vary widely by jurisdiction. In at least 15 states—including California, Florida, New York, Texas, Virginia, Pennsylvania, Michigan, Tennessee, Georgia, Illinois, Alabama, North Carolina, New Jersey, Mississippi, and Kentucky—outdated charges may remain visible in public record searches.

Some states provide paths for expungement or sealing, but requirements vary. For example:

• California allows certain misdemeanor charges to be sealed after a specified waiting period, but felony convictions are more difficult to expunge.
• Florida requires a filing fee and strict eligibility rules for sealing records.
• New York only permits sealing in limited instances, such as when a defendant has had no new convictions for ten years.
• Texas allows petitions for nondisclosure, but only in certain crimes and after strict time limits.

Other states have no automatic process, which means charges remain indefinitely unless a motion is filed with the court.

Why Don’t Time Limits Always Apply?

You might expect the statute of limitations to prevent outdated charges from following you. But the limitations period generally applies to how long a prosecutor has to bring new charges—not how long the record stays visible.

For example:

• A statute may give prosecutors three years to file charges for fraud.
• If no case is filed within that time, prosecution is barred.
• But if a person was arrested or named in a motion during that time, the charge may still appear in criminal records, even decades later.

Certain crimes—like murder charges, human trafficking, or violent felony convictions—often have no time limit at all. That means the records are never removed automatically.

The Consequences of Outdated Charges

The ongoing visibility of outdated charges can affect almost every part of life:

• Employment: Employers may reject applicants based on pending charges, even if no conviction has occurred.
• Housing: Landlords may deny rental applications if criminal records show past charges.
• Loans: Banks may view outdated charges as a risk factor when reviewing applications.
• Relationships: Family, friends, and community members may judge someone unfairly.

For a person trying to rebuild, these obstacles can feel like a new sentence long after criminal cases have ended.

What Can You Do If You Still Have Outdated Charges?

1. Check Your Record

Request your criminal records from the court or police in your jurisdiction. In some states, you can order them online. This lets you determine exactly what others may see.

2. Seek Expungement or Sealing

Many states allow individuals to file for the expungement or sealing of outdated charges. This usually requires:

• Filing a petition with the court
• Paying a filing fee
• Providing evidence of good behavior since the offense
• Waiting a required number of years with no new convictions

Eligibility depends on the type of crime and the laws in your state. Felony convictions are often harder to clear than misdemeanor charges. For example, some states require a waiting period of five years or more after the completion of probation or sentence before you can file. Others might require that no new crime has been committed during that time.

3. Consider Pardons or Motions

In some states, a pardon from the governor or a successful motion before a judge may be an option. These are less common but can help in instances where expungement is not available. A pardon can restore certain rights and may remove the conviction from your public record.

4. Consult a Lawyer

Because criminal procedure rules and statutes of limitations are complex, consulting with lawyers who specialize in expungements or defense work can help you understand your options. An attorney can file the right motion, represent you before a judge, and determine if you are eligible for relief. They can also discuss how limitations apply in your case and whether evidence such as DNA evidence might affect your eligibility.

Additional Considerations

• Out-of-State Charges: If you have charges or convictions from other states, clearing your record can be more complicated. Each state has its own laws and authority over its criminal records.
• Victim Impact: Some laws consider the victim’s rights and may impose restrictions on expungement for crimes that involve victims.
• New Law Changes: Laws regarding outdated charges and expungement are evolving. Some states have recently passed new law provisions expanding eligibility or shortening waiting periods.
• Limitations Runs and Tolling: The statute of limitations clock might pause or toll in certain circumstances, such as when a defendant is out of state or when new evidence emerges.

Final Takeaway

Outdated charges remain a serious barrier in 15 states, where criminal records are still available even after years have passed. While the limitations period may stop new prosecutions, it does not erase old entries from court files or police databases.

For anyone dealing with these issues, the key steps are:

• Review your record.
• Learn the rules in your state.
• File for expungement, sealing, or other relief if eligible.
• Seek legal help when necessary.

Your past does not have to control your future. But until you take action, outdated charges can continue to damage your name.

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