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

Quick Summary

• A misdemeanor will stay on your record until you file for expungement.
• Misdemeanor expungement is easier to access than felony conviction. This makes it a popular choice for many.
• 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.
• A misdemeanor can hurt job prospects, housing apps, and loan access. So, it’s vital to know how to clear your record.

What Is A Misdemeanor?

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

Misdemeanor penalties can vary widely. They usually include fines, probation, community service, and, in some cases, up to 12 months in jail.

Misdemeanors have nuances. They can hurt your record and future chances. So, it’s crucial to understand them.

Common Examples of Misdemeanors

Some common examples of misdemeanor offenses include:

• DUI (Driving Under the Influence): It’s usually a misdemeanor for first-time offenders. But, it can become a felony for 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 put on probation instead of jail time. They must follow specific court conditions.
• Community Service: Courts may mandate community service as part of the sentence.
• Jail Time: Misdemeanors usually have shorter sentences than felonies. But, offenders can still face significant jail time.

Long-Term Consequences

Misdemeanors are less severe than felonies. But, they still show up on background checks and can impact many areas 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. 

Studies show that nearly 60% of those with misdemeanor convictions have trouble finding jobs due to their records. In summary, misdemeanors are less serious than felonies. But, they can have serious and lasting effects.

It’s vital for anyone facing these charges to understand their classifications and penalties.

Related Article: Convicted of a Misdemeanor

How Can a Criminal Record Impact Your Future?

A criminal record is a written document that reveals any convictions or charges currently attributed to you. ”

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 stay in your criminal history forever. It can have lasting consequences.  If you are unsure of the period it will remain on your record, our experienced attorneys can provide clarity.

How Long Does A Misdemeanor Stay On Your Record?

Exactly how long misdemeanors stay on 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 more serious than others. They may have longer retention periods. Domestic violence misdemeanors can stay on your record longer than minor offenses, like disorderly conduct.
2. Probation Conditions: If sentenced to probation, failing to comply can extend your misdemeanor’s visibility 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 be deleted after 2 years. This is if 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.

“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 check. Misdemeanors are minor crimes, less severe than felonies. They’re still illegal and can have lasting effects.  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.

Your employer may discover your misdemeanor. County courts usually share 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?

Yes, 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.

Rights and Defense Strategies for Misdemeanor Charges

When charged with a misdemeanor, individuals have important rights and defenses. They must understand these. 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 vital to use this right during police questioning, until you have a lawyer.
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 know the charges, to present a defense, and 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: A strong defense is to show the prosecution lacks enough evidence to prove guilt beyond a reasonable doubt. This can include questioning the witnesses’ credibility and the evidence’s reliability.
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. Consent: For certain misdemeanors, such as those involving sexual conduct, proving that consent was given can negate criminal liability.
4. Consent: In some misdemeanors, like sexual conduct cases, consent can remove liability.
5. Entrapment: If law enforcement induced you to commit a crime you would not have committed, you may have 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 areas offer diversion programs for first-time offenders or certain misdemeanors. They let individuals complete rehab or community service in exchange for dismissing charges.

FAQs

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

A misdemeanor does not go away. The court can allow you to seal or expunge your misdemeanor. It is a criminal conviction, but some time must have passed since it. 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?

Sealing and expunging are different. Sealing locks records away. Only government or law enforcement agencies can access them. 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 impact your professional license. This is especially true in healthcare, law enforcement, and education. Many licensing boards conduct background checks. They may deny or revoke licenses for misdemeanor convictions. This is especially true for 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!

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