How Long Can a Misdemeanor Stay on Your Record?
When you are convicted of a misdemeanor, it can have a lasting impact on your life. The conviction will stay on your criminal record for a certain period, affecting your ability to obtain certain jobs, housing, or professional licenses. The question on everyone’s mind is: how long can a misdemeanor stay on your record?
Contents
Types of Misdemeanors
Misdemeanors are crimes that are considered less serious than felonies but more serious than infractions. There are different types of misdemeanors, including:
- Simple misdemeanors: These are minor offenses, such as trespassing, disorderly conduct, or petty theft.
- Gross misdemeanors: These are more serious offenses, such as drug possession, DUI, or property damage.
Federal and State Record Keeping
Misdemeanor convictions are kept on both federal and state records. Here is a breakdown of how long each type of record keeps your conviction:
| Record Type | Retention Period |
|---|---|
| Federal Criminal History | 7 years (10 years for some sex offenders) |
| State Criminal Records | Varies by state, but typically 5-10 years |
| Local Court Records | Varies by county, but typically 3-7 years |
Important: Federal and state records are kept separately, and it is possible to have your conviction removed from one type of record without having it removed from the other.
Factors Affecting Record Expungement
Not all misdemeanors can be expunged (removed) from your record. The decision to expunge a record depends on several factors, including:
- The severity of the offense
- Your criminal history
- The type of offense
- The jurisdiction where the conviction was made
Balancing Factors:
In many states, the decision to expunge a record involves balancing several factors, including:
- The age of the offense
- Your criminal history
- Your rehabilitation and good conduct
- The public’s interest in keeping the record
- The potential harm of keeping the record
Important: Not all jurisdictions have the same criteria for expungement, and some may have a specific procedure for requesting an expungement.
Record Sealing
If your conviction cannot be expunged, you may still be able to seal your record. Sealing a record makes the conviction confidential, so it is not publicly accessible. However, law enforcement agencies and government agencies may still be able to access the record.
Important: Not all states have a process for sealing records, and even when they do, not all convictions can be sealed.
State-by-State Differences
The laws and regulations surrounding misdemeanor convictions and expungement vary from state to state. Some states have specific procedures for requesting an expungement, while others may not allow it at all.
Here is a breakdown of how different states handle expungement:
| State | Expungement Allowance | Record Sealing | Additional Requirements |
|---|---|---|---|
| California | Yes | Yes | Mandatory 5-year waiting period |
| Florida | No | Yes | 7-year waiting period for felonies |
| New York | No | Yes | Mandatory 5-year waiting period |
| Texas | Yes | Yes | Mandatory 5-year waiting period |
| Washington | Yes | Yes | Mandatory 3-year waiting period |
Important: This table is not exhaustive, and there may be additional requirements or variations within each state.
Conclusion
In conclusion, a misdemeanor conviction can stay on your record for a significant amount of time, and the laws surrounding expungement vary from state to state. Understanding the laws and regulations in your jurisdiction is crucial in determining how long your misdemeanor conviction will stay on your record. It is always a good idea to consult with an attorney who can provide guidance on your specific situation.
