How Long Does a Misdemeanor Stay on Record?
Misdemeanors are lesser offenses that do not carry a sentence of more than one year in jail or a fine. In contrast to felonies, misdemeanors are less severe crimes, but still carry penalties and can affect an individual’s criminal history. But, how long does a misdemeanor stay on record? The answer lies in understanding the different statutes of limitation, expungement, and sealing in various states.
Short Answer: How Long Misdemeanors Stay on Record?
The answer varies by state, ranging from 7 to 10 years. The time limit starts from the date of the offense and is specific to each misdemeanor. If an individual pleads guilty, is found guilty, or is acquitted, the statute of limitation starts counting down.
Contents
The Factors Affecting How Long Misdemeanors Stay on Record
1. State-by-State Varies
In the United States, misdemeanor statutes of limitation differ among states. For example, in some states like Montana and Tennessee, misdemeanors are non-criminal traffic violations that can be forgotten after 6 months or 1 year. Conversely, other states like Idaho and Virginia require misdemeanors to stay on record forever.
Key Takeaways:
• 11 states (including California, New York, and Michigan) allow for the seal or destruction of misdemeanor records after 7-10 years
• 30 states allow for expungement of misdemeanors (not including Vermont, where some misdemeanors are non-punishable)
• 3 states (Pennsylvania, Nebraska, and Vermont) require misdemeanors to remain on record permanently
2. Felony Consequences for Misdememeanors
In cases where a misdemeanor conviction led to additional felony charges, the misdemeanors stay on record, as felony sentences are designed to account for prior misbehavior.
3. Aggravated Misdemeanors
Some jurisdictions consider misdemeanors with aggravating circumstances as felonies or serious violations, leading to a more extensive criminal history.
Understanding Misdemeanor Sealing and Expungement
Sealing of Misdemeanors
In many jurisdictions, an individual can seek to have a misdemeanor conviction sealed from the public record, allowing some access and discretion for law enforcement, court personnel, and other entities.
How Sealing Works:
• Misdemeanors can be sealed after 7-10 years
• A sealed record cannot be viewed by the general public but
• Some parties, such as employers, may still gain access with permission
Expungement of Misdemeanors
Not all misdemeanors can be sealed. Expungement is the complete deletion of criminal records. Eligibility and requirements differ among states and courts. Expungement may take place if the individual
Is Eligible:
• Did not engage in the crime again while awaiting expungement (in most cases)
• Did not commit other misdemeanors (sometimes)
• Complyed with fines, penalties, and obligations (nearly always)
• Filed an expungement petition with the applicable court and fees
Important Reminders
Before attempting to seal or expunge a misdemeanor, understand:
• State-specific eligibility and regulations
• Waiting periods
• Additional criteria and paperwork
Key Statistics and Statistics Limitation Factors
Misdemeanor Dispositions, 2020
- Number of misdemeanors handled by state courts: approximately 18 million
- Proportion of misdemeanors leading to:
- Conviction: 82.2%
- Dismissal: 14.2%
- Pretrial diversion or intervention: 3.6%
- Charge dismissed with conditions: 1.0%
Remember that each jurisdiction has varying requirements, eligibility, and processing timelines. To have a deeper understanding of misdemeanor record durations and potential clearance, consult local criminal laws or consult an attorney.
