Does a Misdemeanor Go on Your Record?
A misdemeanor is a criminal offense that is considered less severe than a felony. It is typically punishable by a fine, probation, or imprisonment for a period of less than one year. If you have been charged with a misdemeanor, you may be wondering whether it will go on your record. The answer is yes, but the impact it has on your record depends on the specific circumstances of your case.
What is a Misdemeanor?
A misdemeanor is a criminal offense that is considered less serious than a felony. It is typically punishable by a fine, probation, or imprisonment for a period of less than one year. Misdemeanors can include crimes such as:
• DUI (Driving Under the Influence)
• Disorderly Conduct
• Simple Assault
• Theft
• Criminal Mischief
How Long Does a Misdemeanor Stay on Your Record?
The length of time that a misdemeanor stays on your record varies depending on the jurisdiction and the specific circumstances of your case. In general, a misdemeanor conviction will remain on your record for:
• 5-7 years: In most states, a misdemeanor conviction will remain on your record for 5-7 years. During this time, it may be considered a conviction when you apply for certain jobs, loans, or licenses.
• 10-15 years: In some states, a misdemeanor conviction will remain on your record for 10-15 years. This may be the case if you were convicted of a more serious misdemeanor, such as a felony-misdemeanor hybrid.
• Indefinitely: In some states, a misdemeanor conviction may remain on your record indefinitely. This means that it will remain on your record for the rest of your life, unless you take steps to expunge or seal the record.
How Can a Misdemeanor Affect Your Life?
A misdemeanor conviction can have a significant impact on your life, even after the conviction is no longer considered a recent offense. Some of the ways that a misdemeanor can affect your life include:
• Employment: A misdemeanor conviction may be considered a conviction when you apply for certain jobs, especially those in fields such as law enforcement, healthcare, or education.
• Licensing: A misdemeanor conviction may affect your ability to obtain or renew certain licenses, such as a driver’s license or professional license.
• Education: A misdemeanor conviction may affect your ability to attend certain colleges or universities, or to participate in certain programs.
• Housing: A misdemeanor conviction may affect your ability to rent or purchase a home, especially if you are applying for a loan or other form of credit.
How Can You Remove a Misdemeanor from Your Record?
In some cases, it may be possible to remove a misdemeanor from your record. This can be done through a process called expungement or sealing. Expungement and sealing are similar processes, but they are used for different types of records. Here are some general guidelines:
• Expungement: Expungement is a process that involves asking the court to remove a conviction from your record. This is typically done by filing a petition with the court and providing documentation to support your request.
• Sealing: Sealing is a process that involves asking the court to seal your record, rather than expunging it. This means that the record will not be publicly available, but it will still be maintained by the court.
Can a Misdemeanor Be Expunged?
In general, a misdemeanor can be expunged if you meet certain requirements. These requirements may include:
• Time requirements: You must have waited a certain amount of time since your conviction, which varies by state.
• Clean record: You must not have any other convictions or pending charges.
• Good behavior: You must have demonstrated good behavior and complied with the terms of your sentence.
How to Remove a Misdemeanor from Your Record
If you are interested in removing a misdemeanor from your record, you will need to take the following steps:
- Check your state’s laws: Check your state’s laws to see if they allow for expungement or sealing of misdemeanor convictions.
- Gather documentation: Gather any relevant documentation, such as court records, police reports, and witness statements.
- File a petition: File a petition with the court and provide documentation to support your request.
- Attend a hearing: Attend a hearing to present your case to the court.
- Wait for the court’s decision: Wait for the court’s decision, which may take several weeks or months.
Conclusion
A misdemeanor conviction can have a significant impact on your life, even after the conviction is no longer considered a recent offense. If you are considering pleading guilty to a misdemeanor, it is important to understand the potential consequences. You may want to consider hiring an attorney to help you navigate the legal system and minimize the impact of a conviction.
