Will a Misdemeanor Stay on Your Record?
When it comes to criminal charges, many people wonder what happens to their records after a case is closed. For misdemeanors, the answer is not a simple one. In this article, we’ll delve into the details of whether a misdemeanor will stay on your record and what factors influence this outcome.
What is a Misdemeanor?
Before we dive into the topic, it’s essential to understand what a misdemeanor is. A misdemeanor is a criminal offense that is less severe than a felony but more severe than an infraction. In the United States, misdemeanors are typically punished by imprisonment in a local jail or prison for up to one year, and/or by a fine. Examples of misdemeanors include:
- Disorderly conduct
- Vandalism
- Simple assault
- Drug possession
- Petty theft
How Long Will a Misdemeanor Stay on Your Record?
The duration a misdemeanor stays on your record depends on the state you reside in and the specific laws in place. In some states, a misdemeanor conviction can remain on your record indefinitely, while in others, it can be removed after a certain period. Here are some general guidelines:
- In California: A misdemeanor conviction typically stays on your record for 10 years from the date of the conviction. After 10 years, you can petition the court to have the conviction dismissed and removed from your record.
- In Florida: A misdemeanor conviction typically stays on your record for 7 years from the date of the conviction. After 7 years, you can petition the court to have the conviction sealed, which removes it from public view but not entirely from your record.
- In New York: A misdemeanor conviction typically stays on your record for 5 years from the date of the conviction. After 5 years, you can petition the court to have the conviction sealed, which removes it from public view but not entirely from your record.
What Factors Influence the Removal of a Misdemeanor from Your Record?
While the length of time a misdemeanor stays on your record varies by state, there are other factors that can influence its removal. These include:
- The type of offense: Certain types of misdemeanors, such as domestic violence or drug-related offenses, may be more difficult to have removed from your record than others.
- The severity of the offense: More severe misdemeanors, such as assault or burglary, may be harder to have removed from your record than less severe offenses, such as disorderly conduct or vandalism.
- Your criminal history: If you have a lengthy criminal history, it may be more challenging to have a misdemeanor removed from your record.
- Your state’s expungement laws: Different states have different laws regarding the removal of criminal records. Some states have specific procedures for expunging or sealing criminal records, while others do not.
Expungement vs. Sealing: What’s the Difference?
When discussing the removal of a misdemeanor from your record, you may come across the terms "expungement" and "sealing." While both terms refer to the process of removing or hiding a criminal record, there is a key difference:
- Expungement: Expungement involves the actual destruction or removal of a criminal record. This means that the record is physically destroyed and no longer exists.
- Sealing: Sealing, on the other hand, involves hiding a criminal record from public view but not destroying it entirely. The record still exists, but it is not available to the general public.
How to Remove a Misdemeanor from Your Record
If you’re interested in removing a misdemeanor from your record, here are the general steps you can take:
- Check your state’s laws: Familiarize yourself with your state’s laws regarding expungement or sealing of criminal records.
- Consult with an attorney: A lawyer specializing in criminal law can guide you through the process and help you navigate any obstacles.
- Gather necessary documents: You may need to provide proof of completion of community service, proof of payment of fines, or other documentation.
- File a petition: You’ll need to file a petition with the court to initiate the expungement or sealing process.
- Wait for a decision: The court will review your petition and make a decision on whether to grant the expungement or sealing.
Conclusion
A misdemeanor conviction can have lasting effects on your life, including impacting your employment, education, and housing opportunities. While the duration a misdemeanor stays on your record varies by state, understanding the factors that influence its removal can help you make informed decisions about your future. By consulting with an attorney and following the appropriate procedures, you may be able to remove a misdemeanor from your record and move forward with your life.
