How Long Does a Misdemeanor Stay on Your Record

Michelle Wilson - August 3, 2023

A misdemeanor is any minor crime or wrongdoing that is against the law. These criminal charges don’t have an expiry, although certain states will remove the records from your report after seven years. Typically, these acts and charges hold less weight on your record than a felony charge but still hold as criminal activity. Therefore, a misdemeanor will still appear on your criminal record for life unless you successfully obtain an expungement.

If you’re applying for a job and the application asks whether you have criminal convictions, anyone with misdemeanor or felony charges should indicate yes. In the United States, misdemeanor offenses often result in punishments less severe than felony charges. These will usually include community service, monetary fines, and probation for the convicted. Occasionally, misdemeanor charges will hold brief or part-time incarceration.

What is The Maximum Punishment for Misdemeanors?

The United States will hold a maximum punishment for misdemeanor offenses at 12 months incarceration (jail time), often served in the county or local city jails.

How Long is a Misdemeanor on Your Record?

Misdemeanor convictions will stay on your record for life unless an individual can successfully petition the court for expungement. Alternatively, misdemeanors as a minor often become sealed as an adult, preventing an employer or landlord from seeing the charges once the applicant turns 18 years. While misdemeanor offenses are less severe than felonies, they are legal breaches of the law.

Can You Expunge a Misdemeanor?

Yes, misdemeanor expungement is relatively common for individuals wanting to clear their records. While felony convictions are somewhat challenging to remove, misdemeanors hold different parameters. The chances of successfully expunging your record will depend on many factors. Factors may include the state of residence, time since conviction, criminal history, and type of infraction you’d like to erase.

Typically, the more time that passes since your conviction, the higher probability of having it removed. Odds will also improve if the misdemeanor is the only criminal charge attached to your record.

Will an Employer Hire Someone with Misdemeanors?

While most employers will consider a candidate with misdemeanors, it can still prevent employment from specific jobs. If you believe you’re missing out on positions because of your criminal history, applying for an expungement is a decent path to pursue.

What is Expungement?

To expunge something is to delete or destroy it permanently. Anyone with a criminal conviction expunged from the record will have any documents permanently deleted. The criminal history attached to an individual will no longer exist, making them eligible for any paid or volunteer position within a company.

Which Records Cannot be Expunged?

A few states will allow expunging all or most criminal convictions, especially misdemeanors. Several states will consider expunging felony charges on an individual basis. There are several charges that remain ineligible for expunging, regardless of location. These charges generally include violent crimes, sex crimes involving a minor, and murder. The easiest way to determine eligibility is to review state guidelines surrounding expunging records.

How Do I Expunge a Misdemeanor?

To remove a misdemeanor from your record, start by researching laws within your state to determine whether the charge is eligible. If your state allows expungement for the criminal charge, contact an attorney for more information. Legal professionals will help you navigate the petition and argue the case before the court.

Should the court grant your request, the misdemeanor charge is legally discharged. When questions about criminal history appear on a job or rental application, individuals may declare they’ve never been convicted of a crime. Your misdemeanor will no longer appear on a background check, and an employer may not disqualify you from employment opportunities.

Do Misdemeanors Appear on a Background Check?

In short, yes. As misdemeanors qualify as part of the criminal history, they will appear on the background check. Should an employer run a background check, the criminal portion includes misdemeanor and felony charges. Anyone holding a previous misdemeanor will have a section in the report, including as such.

The answer will also depend on the screening an employer uses. As misdemeanor charges often occur at the county level, jurisdictions hold records at the same threshold. The offense may not appear in the background report if an employer uses a state or multi-jurisdictional screening. Likewise, individuals applying for an employment position outside the county of the offense may not have results appearing in the background report.

How are Misdemeanors Reported in the United States?

Although most misdemeanors report at a county level, many jurisdictions will report occurrences to the state repository. This reporting will include your record at the state level, which often summarizes in background screening. An employer could also use an applicant’s address history to track previous locations in the past. From there, the company will use these details to perform in-depth criminal checks within each area of residence.

Never assume misdemeanors won’t appear in your background check report. If applying for a position, always remain honest about your criminal status. If you reside in an area with ban-the-box legislation, it’s reasonable to withhold this information from an employer until qualified for the position.

Will a Misdemeanor Ever Disappear from Your Record?

Legally, a misdemeanor is on your record for life. In a few cases, background checks will hold a statute of limitations, which only scans the history of an applicant for a specific time frame. For example, Texas has a “seven-year” rule on all criminal history. The statute of limitations will bar all background check companies from reporting criminal convictions outside that reporting period, even though the record still exists. This rule doesn’t apply to any employment position with expected annual salaries of more than $75,000.

Which States Offer Restrictions to Criminal History Reporting?

Several states prohibit reporting criminal history after seven years. States with restrictions include California, Kansas, Colorado, Texas, Maryland, Montana, Nevada, Massachusetts, New Mexico, New Hampshire, Washington, and New York. These states follow the seven-year rule for all criminal history (misdemeanors and felonies), except employment positions earning more than $75,000. Although these states may limit the information in a background report, they all hold individual rules on the reporting time frames. For some states, the timeline starts at the date of disposition. Other states may start the clock after a prison or parole term.

Conclusion

A misdemeanor will stay on an individual’s record indefinitely, although the background check may not include the history in their report. Statute of limitations and county reporting will influence the likelihood of your misdemeanor appearing on the background report. The only way to prevent reporting is to apply for an expungement to remove the record from your history.