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What is a Misdemeanor & How LongDoes It Stay On Your Record?

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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Misdemeanors often sit in a gray area—less severe than felonies but more serious than a simple infraction. While it might be tempting to brush off a misdemeanor as a minor offense, the reality is that these charges can have lasting impacts on your record, employment opportunities, and even personal relationships.

Imagine being charged with a misdemeanor for a one-time mistake, like getting into a minor altercation or a DUI.

Suddenly, you’re faced with the anxiety of how long this will follow you. In fact, over 40% of people with misdemeanor convictions report difficulty securing jobs or housing due to their record.

With a decade of experience in criminal law, I’ve seen firsthand how important it is to understand the complexities of misdemeanor charges and the varying lengths they can stay on your criminal record. Although no single answer fits every case, careful legal analysis is the key to determining the best path forward.

Quick Summary

  • A misdemeanor will stay on your record until you file for expungement.
  • Compared to a felony conviction, misdemeanor expungement is much more accessible, making it an attractive option for many people.
  • The misdemeanor is gone if the court agrees to your request and expunges your record. If people ask about your criminal history on applications, you can truthfully say you have never been convicted.
  • If left unaddressed, a misdemeanor can impact employment opportunities, housing applications, and even access to certain loans, making it critical to understand your options for clearing your record.

What Is A Misdemeanor?

A lawyer writing down the definition of demeanor

A misdemeanor is a minor offense that is more serious than an infraction but less severe than a felony.

While the penalties for misdemeanors can vary widely, they typically include fines, probation, community service, and, in some cases, imprisonment for up to 12 months.

Understanding the nuances of misdemeanors is crucial, as they can have lasting impacts on your record and future opportunities.

Common Examples of Misdemeanors

Some common examples of misdemeanor offenses include:

  • DUI (Driving Under the Influence): Often charged as a misdemeanor for first-time offenders, though it can escalate to a felony with repeat offenses or aggravating factors.
  • Simple Assault: Minor altercations that do not result in serious injury can be classified as misdemeanors.
  • Theft: Petty theft or shoplifting involving items valued below a certain threshold (usually $500 or $1,000, depending on the state).
  • Trespassing: Entering someone else’s property without permission.
  • Disorderly Conduct: Engaging in disruptive behavior that disturbs the peace.
  • Vandalism: Damaging property that does not exceed a certain monetary value.

Classification of Misdemeanors

Misdemeanors are often classified into different categories based on their severity.

Common classifications include:

  • Class A (or Class 1): The most serious type of misdemeanor, often carrying penalties of up to 12 months in jail and higher fines. Examples may include aggravated assault or certain types of theft.
  • Class B (or Class 2): These misdemeanors typically carry penalties of up to 6 months in jail and moderate fines. Examples might include simple assault or minor drug possession.
  • Class C (or Class 3): The least serious misdemeanors, which may result in fines but no jail time. Examples include minor traffic violations or public intoxication.

Typical Penalties

While penalties for misdemeanors can vary by jurisdiction, they generally include [1].:

  • Fines: Ranging from a few hundred dollars to several thousand, depending on the severity of the offense.
  • Probation: Offenders may be placed on probation instead of serving time in jail, requiring them to comply with specific conditions set by the court.
  • Community Service: Courts may mandate community service as part of the sentence.
  • Jail Time: While misdemeanors typically involve shorter sentences than felonies, offenders can still face significant jail time.

Long-Term Consequences

Even though misdemeanors are considered less severe than felonies, they still appear on criminal background checks and can affect various aspects of life. Individuals with misdemeanor convictions often report challenges in securing employment or housing.

Trespassing and certain forms of sexual harassment are categorized as misdemeanor offenses that will be permanently stored in your legal history for two full years from the date it occurred. 

For example, studies indicate that nearly 60% of individuals with misdemeanor convictions experience difficulties finding jobs due to their records. In summary, while misdemeanors may seem minor compared to felonies, they can have significant and lasting repercussions.

Understanding the classifications and potential penalties associated with these charges is essential for anyone facing such legal issues.

Related Article: Convicted of a Misdemeanor

How Can a Criminal Record Impact Your Future?

A lawyer looking at a criminal record

A criminal record is a written document that reveals any convictions or charges currently attributed to you.  To prevent misunderstanding, we shall refer to misdemeanor charges and criminal convictions as ” misdemeanors.”

Criminal records can include the following information:

  • The court of law in which your case was heard
  • When did the criminal offense take place?
  • A court report may consist of an individual’s prior criminal history to help inform their decision.

A misdemeanor will remain in your criminal history indefinitely, which can have long-lasting consequences.  If you are unsure of the period it will remain on your record, our experienced attorneys can provide clarity.

Related Article: Types of Criminal Protective Orders

How Long Does A Misdemeanor Stay On Your Record?

A lawyer reading and writing on a bookThe amount of time a misdemeanor stays on your record may differ from one state to another, as well as the nature of the offense.

In most states, misdemeanors typically remain on your criminal record for 5 to 10 years from the date of the incident. However, various factors can influence this timeframe.

Factors Affecting Duration

  1. Type of Misdemeanor: Some misdemeanors are considered more serious than others and may have more extended retention periods. For example, domestic violence misdemeanors might stay on your record longer than minor offenses like disorderly conduct.
  2. Probation Conditions: If you are sentenced to probation, failing to comply with its terms can extend the visibility of your misdemeanor on your record. Violations may lead to additional penalties or a more extended retention period.
  3. State-Specific Laws: Each state has laws regarding how long misdemeanors remain on a criminal record. For example:
  • California: Misdemeanors can generally be deleted after 2 years, provided you have completed your sentence, including probation.
  • Texas: Misdemeanor records can be eligible for expungement after 5 years, depending on the offense.
  • Florida: Certain misdemeanors may be sealed after 5 years, while others may not be eligible for sealing.

Related Article: What if I Miss My Court Date for a Misdemeanor?

“Misdemeanor offenses will linger on your criminal record for two years from the date of conviction. This timeline is mostly followed by states when it comes to documenting such records.”
James Reilly, Attorney

Do Misdemeanors Show Up On A Background Check?

Yes, misdemeanors show up on a background checkEven though a misdemeanor is considered minor compared to more severe crimes, it’s still illegal and can have lasting repercussions.  Employers may discover any past misdemeanors you were charged with as part of their background check process.

Usually, misdemeanor charges are only filed at the county level.  If your employer decides to do a criminal background check on you, they can find out about this charge if it is in the records of that particular county. 

However, most employers ignore a minor misdemeanor offense at the county level and focus solely on federal or state charges.

It cannot be guaranteed that your employer will not discover your misdemeanor offense; usually, county courts share their criminal records with state offices. This means that even at the state level, these records are available to view [2].

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Can A Misdemeanor Conviction Be Expunged?

A woman looking at misdemeanor convictionsYes, a misdemeanor conviction can be expunged.  You can apply to have this offense expunged within two years after you receive your court order.  Once all paperwork and forms are submitted, a small fee must be paid to complete the process. In some scenarios, you may be able to have a misdemeanor charge removed from your public criminal records.

Some persons can eradicate their misdemeanor offenses from public records.  Nevertheless, other states may not permit the expungement of misdemeanors under any circumstances.

Here are several qualifying scenarios in which people can wipe out these minor criminal charges:

  • Upon successful completion of your probationary period without any further infractions
  • If you are a minor and have been found guilty of a delinquent act
  • For cases of first-time alcohol or drug possession
  • The court expunged your record due to its age
  • If the court determined you were not guilty due to a mental or physical illness
  • If your misdemeanor charge was dismissed and you pose no danger to the public, you are free from legal repercussions

Also Read: Examples of Forgery

Rights and Defense Strategies for Misdemeanor Charges

When charged with a misdemeanor, individuals have specific rights and options for defense that are crucial to understand. Here’s an overview of those rights and some common defense strategies.

Rights of Individuals Charged with a Misdemeanor

  1. Right to Remain Silent: You must remain silent and not incriminate yourself. It’s important to exercise this right, especially during police questioning, until you have legal representation.
  2. Right to Legal Representation: You are entitled to an attorney. The court may appoint a public defender if you cannot afford one.
  3. Right to a Fair Trial: You have the right to a fair trial by jury, where the prosecution must prove your guilt beyond a reasonable doubt.
  4. Right to Due Process: This includes the right to be informed of the charges against you, the right to present evidence in your defense, and the right to confront witnesses.
  5. Right to Appeal: If convicted, you can appeal the decision if there are grounds to believe that legal errors occurred during your trial.

Common Defense Strategies for Misdemeanor Charges

  1. Lack of Evidence: One of the most effective defenses is demonstrating that the prosecution does not have sufficient evidence to prove guilt beyond a reasonable doubt. This can include challenging the credibility of witnesses or the reliability of physical evidence.
  2. Mistaken Identity: If there is a chance that you were wrongly identified as the perpetrator, this defense can be powerful. Providing alibi evidence or witness testimony can support this claim.
  3. Self-Defense: In cases involving assault or similar charges, claiming self-defense can be a valid strategy if you demonstrate that your actions were necessary to protect yourself from imminent harm.
  4. Consent: For certain misdemeanors, such as those involving sexual conduct, proving that consent was given can negate criminal liability.
  5. Entrapment: If law enforcement induced you to commit a crime that you would not have otherwise committed, you may have grounds for an entrapment defense.
  6. Insufficient Intent: Some misdemeanors require proof of intent. If you can show that there was no intention to commit the offense, it may lead to a dismissal or reduction of charges.
  7. Plea Bargaining: In many cases, negotiating a plea deal with the prosecution can reduce charges or penalties. This is often beneficial for both parties and can help avoid the uncertainties of a trial.
  8. Diversion Programs: Some jurisdictions offer diversion programs for first-time offenders or certain misdemeanors, allowing individuals to complete rehabilitation or community service in exchange for having charges dismissed.

FAQs

1. How Long Does It Take A Misdemeanor To Go Away?

A misdemeanor does not go away. Despite being considered a criminal conviction, the court can permit you to have your misdemeanor sealed or expunged if some time has passed since its origin. By petitioning for it, there is still hope of having that part of your past forgotten.

2. What Is The Difference Between Sealing And Expunging?

The difference between sealing and expunging is that sealing is the practice of securely locking records away, granting access to them solely to government or law enforcement agencies. Expungement eliminates your criminal past, protecting it from prying eyes. When you have had a record expunged, no one can access the information about your former legal issues.

3. Does a Class C Misdemeanor Stay on Your Record?

Yes, a Class C misdemeanor does stay on your record. 

4. Can a Misdemeanor Affect My Professional License?

Yes, a misdemeanor can affect your professional license, especially in healthcare, law enforcement, and education. Many licensing boards conduct background checks and may deny or revoke licenses based on misdemeanor convictions, particularly those involving moral turpitude or dishonesty.

5. How Do Misdemeanor Charges Affect Immigration Status?

Misdemeanor charges can affect immigration status, particularly for non-citizens. Certain misdemeanors may lead to deportation or difficulty obtaining visas or green cards. Immigrants need to consult with an immigration attorney if facing misdemeanor charges.

6. Will a Misdemeanor Show Up On a Background Check?

Yes, a misdemeanor will show up on a background check and can be accessed by employers, landlords, and others conducting screenings. The duration a misdemeanor remains on your record varies by state and the nature of the offense.

Are You Facing a Misdemeanor Charge?

If you’re uncertain how long a misdemeanor will remain on your record, consulting an experienced criminal defense attorney is the wisest course of action.

At Schmidt & Clark, LLP our expert professionals can help you take the proper steps after receiving charges.

Rest assured that our lawyers are more than capable of answering any questions and providing timely advice. Connect with us today for further assistance!


References:

  1. https://www.law.cornell.edu/wex/misdemeanor
  2. https://www.mass.gov/guides/guide-to-criminal-records-in-employment-and-housing

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