How Long Does a Misdemeanor Stay on Record?
When it comes to criminal records, many people wonder how long a misdemeanor will remain on their record. The answer to this question is crucial, as it can impact job applications, housing, and even credit scores. In this article, we will explore the laws surrounding misdemeanor records and how long they typically stay on record.
What is a Misdemeanor?
Before we dive into the length of time a misdemeanor stays on record, it’s essential to understand what a misdemeanor is. A misdemeanor is a less severe criminal offense that carries a maximum sentence of less than one year in jail. Misdemeanors can include crimes such as petty theft, disorderly conduct, and possession of marijuana.
State-by-State Laws
Each state has its own laws regarding how long a misdemeanor stays on record. Here’s a breakdown of the laws in 10 states:
| State | Misdemeanor Record Length |
|---|---|
| California | 7 years |
| Florida | 5 years |
| Texas | 5 years |
| New York | 5 years |
| Illinois | 7 years |
| Ohio | 7 years |
| Georgia | 5 years |
| North Carolina | 5 years |
| Michigan | 7 years |
| Pennsylvania | 7 years |
As you can see, the length of time a misdemeanor stays on record varies from state to state. Some states, like California and Illinois, keep misdemeanor records for 7 years, while others, like Florida and Texas, keep them for 5 years.
FBI Recordkeeping
In addition to state laws, the Federal Bureau of Investigation (FBI) also keeps a record of misdemeanor convictions. The FBI’s Criminal Justice Information Services (CJIS) Division maintains a database of criminal records, including misdemeanors. However, the FBI only keeps records for a maximum of 7 years.
Expungement and Sealing
In some cases, it’s possible to expunge or seal a misdemeanor record. Expungement means that the record is completely destroyed, while sealing means that the record is kept confidential and can only be accessed by law enforcement or court officials. Here are the requirements for expungement and sealing in 5 states:
| State | Expungement/Sealing Requirements |
|---|---|
| California | Must have completed probation and paid all fines and restitution |
| Florida | Must have completed probation and paid all fines and restitution |
| Texas | Must have completed probation and paid all fines and restitution |
| New York | Must have completed probation and paid all fines and restitution, and not have been convicted of any other crimes within the past 5 years |
| Illinois | Must have completed probation and paid all fines and restitution, and not have been convicted of any other crimes within the past 5 years |
To expunge or seal a misdemeanor record, you will need to file a petition with the court and demonstrate that you have met the requirements. It’s important to note that not all states allow expungement or sealing, and even in states that do, not all misdemeanors are eligible.
Impact on Job Applications and Credit Scores
A misdemeanor record can have a significant impact on your job applications and credit scores. Many employers conduct background checks, which can include misdemeanor convictions. This can make it difficult to get hired, especially for jobs that require a security clearance. Additionally, a misdemeanor record can negatively impact your credit score, as many creditors check criminal records before approving loans or credit applications.
Conclusion
In conclusion, the length of time a misdemeanor stays on record varies from state to state, with some states keeping records for 5 years and others keeping them for 7 years. The FBI also keeps a record of misdemeanor convictions, but only for a maximum of 7 years. It’s possible to expunge or seal a misdemeanor record, but this requires meeting specific requirements and is not available in all states. Understanding how long a misdemeanor stays on record is crucial, as it can impact your job applications, housing, and credit scores.
