When Does a Misdemeanor Go Off Your Record?
A misdemeanor is a type of criminal offense that is considered less serious than a felony. However, even though it is considered less serious, a misdemeanor can still have a significant impact on a person’s life, including their criminal record. In this article, we will explore when a misdemeanor goes off your record and what you can do to remove it.
What is a Misdemeanor?
A misdemeanor is a criminal offense that is punishable by a fine, imprisonment, or both. Misdemeanors are typically considered less serious than felonies, which are punishable by more severe penalties, including longer imprisonment terms. Misdemeanors can include a wide range of offenses, such as:
• Disorderly conduct
• Petty theft
• Simple assault
• DUI (first offense)
• Possession of marijuana
How Long Does a Misdemeanor Stay on Your Record?
The length of time a misdemeanor stays on your record varies depending on the jurisdiction and the type of offense. In general, a misdemeanor will remain on your record for:
• 5-7 years: In most states, a misdemeanor will remain on your record for 5-7 years. This means that if you are convicted of a misdemeanor, it will remain on your record for at least 5-7 years before it is automatically expunged.
• 10-15 years: In some states, a misdemeanor can remain on your record for 10-15 years. This means that if you are convicted of a misdemeanor, it will remain on your record for at least 10-15 years before it is automatically expunged.
• Lifetime: In some states, a misdemeanor can remain on your record for your entire lifetime. This means that if you are convicted of a misdemeanor, it will remain on your record forever, unless you take steps to have it removed.
How to Remove a Misdemeanor from Your Record
There are several ways to remove a misdemeanor from your record, including:
• Expungement: Expungement is the process of having a criminal record sealed or destroyed. In some states, you may be eligible to have your misdemeanor expunged after a certain period of time has passed since your conviction. To be eligible for expungement, you must typically meet certain requirements, such as:
- Waiting a certain period of time since your conviction (e.g. 5-7 years)
- Not having any other convictions during that time
- Not having any outstanding fines or restitution
• Pardons: A pardon is a formal forgiveness of a crime, which can be granted by the governor or other government officials. If you are granted a pardon, your misdemeanor will be removed from your record.
• Sealing: Sealing is the process of hiding your criminal record from public view, but not necessarily destroying it. In some states, you may be eligible to have your misdemeanor sealed after a certain period of time has passed since your conviction.
Who Can Remove a Misdemeanor from Your Record?
Only certain individuals can remove a misdemeanor from your record, including:
• The court: In some cases, the court may be able to remove a misdemeanor from your record. For example, if you were convicted of a misdemeanor and then completed a probationary period, the court may be able to seal or expunge your record.
• The governor: In some states, the governor has the power to grant pardons, which can remove a misdemeanor from your record.
• A judge: In some cases, a judge may be able to remove a misdemeanor from your record. For example, if you were convicted of a misdemeanor and then completed a probationary period, the judge may be able to seal or expunge your record.
What are the Benefits of Removing a Misdemeanor from Your Record?
Removing a misdemeanor from your record can have several benefits, including:
• Improved job prospects: Many employers conduct background checks on job applicants, and a misdemeanor on your record can make it more difficult to get hired. By removing a misdemeanor from your record, you may have a better chance of getting hired.
• Better loan options: A misdemeanor on your record can make it more difficult to get a loan or credit. By removing a misdemeanor from your record, you may have better loan options.
• Improved housing options: A misdemeanor on your record can make it more difficult to rent an apartment or get a mortgage. By removing a misdemeanor from your record, you may have better housing options.
• Reduced stigma: Having a misdemeanor on your record can be a source of shame and embarrassment. By removing a misdemeanor from your record, you may feel less stigmatized.
Conclusion
In conclusion, a misdemeanor can remain on your record for a significant period of time, but there are ways to remove it. By understanding the laws and procedures in your state, you may be able to have your misdemeanor expunged, sealed, or pardoned. Removing a misdemeanor from your record can have several benefits, including improved job prospects, better loan options, improved housing options, and reduced stigma.
