Does a Misdemeanor Go Away?
When someone is charged with a misdemeanor, they may wonder if the offense will stay on their record forever or if it will eventually disappear. The answer is that it depends on various factors, including the jurisdiction, the type of misdemeanor, and the individual’s situation.
What is a Misdemeanor?
A misdemeanor is a less severe criminal offense than a felony, but it is still a criminal offense. In the United States, misdemeanors are typically classified into two categories: gross misdemeanors and ordinary misdemeanors. Gross misdemeanors carry a maximum sentence of more than 364 days in jail, while ordinary misdemeanors carry a maximum sentence of less than 364 days in jail.
Does a Misdemeanor Go Away Automatically?
No, a misdemeanor does not go away automatically. In most cases, a misdemeanor conviction remains on an individual’s record permanently unless they take specific legal action to have it removed. This means that if someone is convicted of a misdemeanor, it will typically show up on their criminal record, background check, and even their credit report.
Can a Misdemeanor be Expunged?
Yes, in some cases, a misdemeanor can be expunged, which means it is removed from an individual’s criminal record. However, the process for expungement varies by jurisdiction and is typically only available for certain types of misdemeanors.
Types of Misdemeanors that can be Expunged
The following types of misdemeanors may be eligible for expungement:
- First-time offenders
- Petty offenses, such as disorderly conduct or disorderly intoxication
- Non-violent crimes, such as theft or shoplifting
- Misdemeanors committed by juveniles (in some jurisdictions)
How to Expunge a Misdemeanor
To expunge a misdemeanor, an individual typically needs to:
- File a petition with the court where the original conviction took place
- Pay a filing fee
- Complete a waiting period (this varies by jurisdiction)
- Obtain a certificate of rehabilitation (in some jurisdictions)
- Meet specific eligibility criteria
Consequences of Not Expunging a Misdemeanor
If a misdemeanor is not expunged, it can have significant consequences, including:
- Criminal Record: A misdemeanor conviction will remain on an individual’s criminal record, making it difficult to secure employment, housing, or education.
- Background Checks: A misdemeanor will show up on background checks, including those conducted for employment, housing, or volunteering.
- Credit Score: A misdemeanor conviction can negatively impact an individual’s credit score.
- Professional Licensure: In some cases, a misdemeanor conviction can affect an individual’s ability to obtain or maintain professional licensure.
Table: Types of Misdemeanors and Expungement
| Type of Misdemeanor | Eligible for Expungement |
|---|---|
| Petty Offenses (e.g. disorderly conduct) | Yes |
| Non-violent Crimes (e.g. theft) | Yes |
| Misdemeanors Committed by Juveniles | Yes (in some jurisdictions) |
| Felony-Misdemeanors (e.g. felony drug possession) | No |
| Multiple Misdemeanor Convictions | No |
Conclusion
A misdemeanor does not automatically go away, but in some cases, it can be expunged. If you have been charged with a misdemeanor, it is essential to understand your options and the potential consequences of not expunging the conviction. It is recommended that you consult with a legal professional to determine the best course of action for your specific situation.
