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What is a Misdemeanor Conviction?
A misdemeanor is usually defined as a crime that is punishable by under one year in county jail. Community service, probation, fines, and imprisonment for less than a year are commonly issued punishments for misdemeanors.
In most states, misdemeanors are classified by letter grades as follows:
- Class A: Maximum term of imprisonment is 1 year or less but greater than 6 months.
- Class B: Maximum term of imprisonment is 6 months or less but more than 30 days.
- Class C: Maximum term of imprisonment is 30 days or less but more than 5 days.
Misdemeanor vs Felony
The most severe crimes in the United States are classified as felonies. A felony includes crimes like murder, terrorism, and drug trafficking. Felony crimes can be punishable by up to life in prison, and in certain states, capital crimes are punishable by death.
Minor offenses are defined as misdemeanors. The U.S. Government generally considers all crimes where the maximum sentence is one year or less a misdemeanor.
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Misdemeanor Examples
Examples of misdemeanors include:
- Minor drug offenses
- Drunk driving
- Petty theft (shoplifting)
- Minor or simple assault or battery
- Trespassing
- Vandalism
- Minor sex crimes (solicitation, prostitution, indecent exposure)
- Resisting arrest
- Certain cybercrimes (i.e. stalking, bullying)
Do Misdemeanors Show Up on Background Checks?
Yes. A misdemeanor conviction will always show up on a background check. Even if you served your time and completed your sentence in the eyes of the law, a potential employer or landlord will still see the conviction on your record.
Can You Get a Misdemeanor Off Your Record?
If you have been convicted of a misdemeanor offense, you may have the right to expunge your conviction from your record. This process can give you peace of mind, as your personal and professional life will no longer be held back by the stigma of a criminal past.
Many kinds of convictions can be expunged so long as the sentence didn’t involve prison time. Examples of misdemeanor crimes that may be expunged include:
- Simple assault
- Simple battery
- Petty theft
- Shoplifting
- Domestic battery
- Indecent exposure
- Disturbing the peace
- Violation of a restraining order
- Violation of probation
- Trespassing
- Disorderly conduct
- Prostitution
- Solicitation of prostitution
- Public drunkenness
- Receiving stolen property
- Reckless driving
- Misdemeanor DUI
- Driving on a suspended license
- Simple drug possession
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FAQs
1. How Can a Misdemeanor Conviction Impact Employment Opportunities?
A misdemeanor conviction can limit job prospects, affect background checks, and result in employer hesitancy due to concerns over reliability or legal issues, especially for positions requiring security clearances.
2. Are There Any Options for Appealing a Misdemeanor Conviction?
Yes, individuals can appeal a misdemeanor conviction by filing a notice of appeal, presenting legal arguments for reconsideration, and demonstrating that the trial or sentencing had legal errors affecting the outcome.
3. What Are the Common Defenses Against a Misdemeanor Charge?
Common defenses include proving a lack of intent, presenting an alibi, demonstrating mistaken identity, showing insufficient evidence, or arguing that the alleged conduct was legally justified or not a criminal act.
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