How Long Does a Misdemeanor Stay on Your Background Check?
A misdemeanor is a criminal offense that is considered less severe than a felony, but still can have significant consequences on a person’s life. When it comes to background checks, a misdemeanor can affect a person’s ability to get a job, apply for a loan, or even rent an apartment. But how long does a misdemeanor stay on your background check?
Direct Answer:
The length of time a misdemeanor stays on your background check varies from state to state and can depend on several factors, including the type of crime, the jurisdiction, and the individual’s criminal history. In general, misdemeanors can remain on your background check for:
- 7-10 years: In some states, misdemeanors can remain on your background check for up to 7-10 years.
- 15-20 years: In other states, misdemeanors can remain on your background check for up to 15-20 years.
- Forever: In some states, misdemeanors can remain on your background check permanently.
Factors That Affect the Length of Time a Misdemeanor Stays on Your Background Check:
Several factors can affect the length of time a misdemeanor stays on your background check. These include:
- Type of crime: More serious crimes, such as theft or assault, may stay on your background check for a longer period than less serious crimes, such as disorderly conduct.
- Jurisdiction: Different states and jurisdictions have different laws regarding the length of time a misdemeanor stays on a background check.
- Individual’s criminal history: If an individual has a history of criminal behavior, a misdemeanor may stay on their background check for a longer period.
- Type of background check: Different types of background checks, such as employer background checks or rental background checks, may have different requirements for reporting misdemeanors.
State-by-State Breakdown:
The length of time a misdemeanor stays on your background check varies from state to state. Here is a breakdown of the different states and their laws regarding the length of time a misdemeanor stays on a background check:
| State | Length of Time Misdemeanor Stays on Background Check |
|---|---|
| Alabama | Up to 7 years |
| Alaska | Up to 10 years |
| Arizona | Up to 7 years |
| Arkansas | Up to 5 years |
| California | Up to 7 years |
| Colorado | Up to 10 years |
| Connecticut | Up to 7 years |
| Delaware | Up to 10 years |
| Florida | Up to 10 years |
| Georgia | Up to 7 years |
| Hawaii | Up to 5 years |
| Idaho | Up to 7 years |
| Illinois | Up to 7 years |
| Indiana | Up to 7 years |
| Iowa | Up to 10 years |
| Kansas | Up to 10 years |
| Kentucky | Up to 7 years |
| Louisiana | Up to 10 years |
| Maine | Up to 5 years |
| Maryland | Up to 10 years |
| Massachusetts | Up to 10 years |
| Michigan | Up to 7 years |
| Minnesota | Up to 10 years |
| Mississippi | Up to 5 years |
| Missouri | Up to 7 years |
| Montana | Up to 10 years |
| Nebraska | Up to 10 years |
| Nevada | Up to 7 years |
| New Hampshire | Up to 5 years |
| New Jersey | Up to 10 years |
| New Mexico | Up to 7 years |
| New York | Up to 10 years |
| North Carolina | Up to 7 years |
| North Dakota | Up to 10 years |
| Ohio | Up to 10 years |
| Oklahoma | Up to 7 years |
| Oregon | Up to 10 years |
| Pennsylvania | Up to 10 years |
| Rhode Island | Up to 5 years |
| South Carolina | Up to 7 years |
| South Dakota | Up to 10 years |
| Tennessee | Up to 7 years |
| Texas | Up to 7 years |
| Utah | Up to 10 years |
| Vermont | Up to 5 years |
| Virginia | Up to 10 years |
| Washington | Up to 7 years |
| West Virginia | Up to 7 years |
| Wisconsin | Up to 10 years |
| Wyoming | Up to 10 years |
What Can You Do if a Misdemeanor is on Your Background Check?
If a misdemeanor is on your background check, there are several things you can do to improve your chances of getting the conviction removed or expunged:
- Get a copy of your background check: Obtain a copy of your background check report to review the information contained in it.
- Contact the court: Contact the court where you were convicted and request a hearing to discuss the possibility of expunging the conviction.
- Hire an attorney: Consider hiring an attorney who specializes in expungement and background check removal to help you navigate the process.
- Check state laws: Research the laws in your state regarding expungement and background check removal to see if you are eligible to have the conviction removed.
- Provide documentation: Provide documentation to support your request for expungement, such as proof of rehabilitation or evidence of rehabilitation programs completed.
Conclusion:
A misdemeanor can have significant consequences on a person’s life, including affecting their ability to get a job, apply for a loan, or rent an apartment. The length of time a misdemeanor stays on your background check varies from state to state, but in general, it can stay on your background check for 7-10 years, 15-20 years, or even permanently. By understanding the laws in your state and taking steps to improve your chances of getting the conviction removed or expunged, you can take control of your criminal record and improve your chances of achieving your goals.
