How Long Do Misdemeanors Stay on Your Criminal Record?
A misdemeanor is a criminal offense that is punishable by a fine, probation, or a short term of imprisonment. In the United States, misdemeanors are typically considered less severe than felonies, but they can still have a significant impact on an individual’s life. One of the most common questions people ask is how long do misdemeanors stay on your criminal record?
Direct Answer:
The length of time a misdemeanor stays on your criminal record varies depending on the jurisdiction and the specific offense. In general, most misdemeanors will remain on your criminal record for 7-10 years. However, some states have laws that allow misdemeanors to be expunged, or removed, from your record after a certain period of time.
Federal vs. State Records:
It’s important to note that there are two types of criminal records: federal and state. Federal records are maintained by the Federal Bureau of Investigation (FBI) and are used to track crimes that are committed across state lines or that violate federal laws. State records are maintained by each individual state and are used to track crimes that are committed within that state.
Sealing vs. Expunging:
Some states allow misdemeanors to be sealed or expunged from your record. Sealing means that the record is removed from public view, but it is still maintained by the court and can be accessed by law enforcement and certain government agencies. Expunging means that the record is completely destroyed and is no longer accessible to anyone.
Types of Misdemeanors:
There are many different types of misdemeanors, including:
• Petty theft (theft of property valued at less than $500)
• Disorderly conduct
• Resisting arrest
• Criminal trespass
• Misdemeanor DUI (driving under the influence)
How Long Do Misdemeanors Stay on Your Record?
Here is a breakdown of how long misdemeanors typically stay on your record in each state:
| State | Misdemeanor Sealing/Expunging Timeframe |
|---|---|
| Alabama | 3 years (sealing) |
| Alaska | 5 years (expunging) |
| Arizona | 5 years (expunging) |
| Arkansas | 3 years (sealing) |
| California | 7 years (expunging) |
| Colorado | 7 years (expunging) |
| Connecticut | 5 years (sealing) |
| Delaware | 3 years (sealing) |
| Florida | 7 years (sealing) |
| Georgia | 3 years (sealing) |
| Hawaii | 5 years (expunging) |
| Idaho | 3 years (sealing) |
| Illinois | 7 years (expunging) |
| Indiana | 3 years (sealing) |
| Iowa | 5 years (expunging) |
| Kansas | 5 years (expunging) |
| Kentucky | 5 years (sealing) |
| Louisiana | 5 years (expunging) |
| Maine | 5 years (expunging) |
| Maryland | 3 years (sealing) |
| Massachusetts | 5 years (expunging) |
| Michigan | 7 years (sealing) |
| Minnesota | 5 years (expunging) |
| Mississippi | 5 years (sealing) |
| Missouri | 7 years (sealing) |
| Montana | 5 years (expunging) |
| Nebraska | 5 years (expunging) |
| Nevada | 7 years (expunging) |
| New Hampshire | 5 years (expunging) |
| New Jersey | 5 years (expunging) |
| New Mexico | 7 years (sealing) |
| New York | 10 years (expunging) |
| North Carolina | 5 years (sealing) |
| North Dakota | 5 years (expunging) |
| Ohio | 5 years (sealing) |
| Oklahoma | 3 years (sealing) |
| Oregon | 5 years (expunging) |
| Pennsylvania | 5 years (sealing) |
| Rhode Island | 5 years (expunging) |
| South Carolina | 5 years (sealing) |
| South Dakota | 5 years (expunging) |
| Tennessee | 5 years (sealing) |
| Texas | 5 years (sealing) |
| Utah | 5 years (expunging) |
| Vermont | 5 years (expunging) |
| Virginia | 5 years (sealing) |
| Washington | 7 years (expunging) |
| West Virginia | 5 years (sealing) |
| Wisconsin | 5 years (expunging) |
| Wyoming | 5 years (expunging) |
Conclusion:
In conclusion, the length of time a misdemeanor stays on your criminal record varies depending on the jurisdiction and the specific offense. In general, most misdemeanors will remain on your criminal record for 7-10 years. However, some states have laws that allow misdemeanors to be expunged, or removed, from your record after a certain period of time. It’s important to note that even if a misdemeanor is sealed or expunged, it may still be accessible to certain government agencies and law enforcement officials. If you have a misdemeanor on your record, it’s a good idea to consult with an attorney to determine the best course of action to take.
