How Long is a Misdemeanor on Record?
A misdemeanor is a criminal offense that is punishable by a sentence of up to one year in jail. Misdemeanors are considered to be less serious than felonies, which are punishable by more than one year in prison. When a person is convicted of a misdemeanor, it is typically marked on their criminal record and can have long-lasting consequences for their personal and professional life.
How Long is a Misdemeanor on Record?
The length of time that a misdemeanor remains on a person’s record varies depending on the jurisdiction and the specific laws of that state or locality. In general, a misdemeanor conviction can remain on a person’s record for the following periods of time:
- Federal laws: In the United States, a misdemeanor conviction remains on a person’s record for 10 years after the conviction date.
- State laws: Most states have their own laws regarding the length of time that a misdemeanor conviction remains on a person’s record. For example:
- California: 10 years
- New York: 10 years
- Florida: 5 years
- Texas: 10 years
Consequences of a Misdemeanor Conviction
A misdemeanor conviction can have serious consequences for a person’s personal and professional life, including:
- Loss of employment: Many employers conduct background checks on potential employees and may not hire someone with a misdemeanor conviction.
- Difficulty in finding housing: Landlords may also conduct background checks and may not rent to someone with a misdemeanor conviction.
- Difficulty in finding financial aid: Many financial aid programs, including student loans and grants, require applicants to disclose their criminal history.
- Difficulty in finding employment: A misdemeanor conviction can also make it difficult to find employment, as many employers are reluctant to hire someone with a criminal record.
Can a Misdemeanor Conviction Be Expunged?
In some cases, it may be possible to expunge a misdemeanor conviction from a person’s record. Expungement is a legal process that allows a person to have their conviction sealed and removed from their record. The process and requirements for expungement vary by state, but generally, a person must meet the following criteria to be eligible for expungement:
- Eligibility: The person must be eligible for expungement under the laws of the state where the conviction occurred.
- Time: The person must have completed their sentence, including any probation or parole, and must have not been convicted of any new crimes for a certain period of time (usually 5-10 years).
- Application: The person must submit an application to the court where they were convicted, which may require paying a fee.
- Hearing: The court may hold a hearing to determine whether to grant the expungement.
Table: State-by-State Expungement Laws
| State | Eligibility | Time Requirements | Application Fee |
|---|---|---|---|
| California | Yes | 5 years after completion of sentence | $220 |
| New York | Yes | 10 years after completion of sentence | $200 |
| Florida | Yes | 5 years after completion of sentence | $400 |
| Texas | No | N/A | N/A |
Conclusion
A misdemeanor conviction can remain on a person’s record for 5-10 years, depending on the jurisdiction and the specific laws of that state or locality. A misdemeanor conviction can have serious consequences for a person’s personal and professional life, including loss of employment, difficulty in finding housing, and difficulty in finding financial aid. However, in some cases, it may be possible to expunge a misdemeanor conviction from a person’s record. If you have a misdemeanor conviction and are concerned about its impact on your life, it is recommended that you consult with an attorney to discuss your options for expungement.
