A misdemeanor is a crime, so it’s reasonable to wonder: Do misdemeanors go on your record? The answer is typically yes, and that means they can show up on background checks.
This article provides a comprehensive look at how a misdemeanor charge can affect your record. We’ll review what a misdemeanor is, how visible it is on background checks, what the laws are in each state, and what you can do to potentially seal or expunge the record. We’ll also answer some frequently asked questions about misdemeanor charges.
What is a misdemeanor?
A misdemeanor is a crime, but not a serious crime. It’s less serious than a felony, which can carry long prison sentences.
Misdemeanors include offenses like petty theft, simple assault, and traffic violations (although some traffic violations are just infractions).
Misdemeanors come with consequences, though. In most places, you could spend up to a year in jail for a misdemeanor conviction.
Do misdemeanors show up on background checks?
Yes, generally. When you’re convicted of a misdemeanor, it creates a criminal record.
There are several types of background checks that might reveal a misdemeanor conviction. Many employers use pre-employment background checks. The FBI also conducts background checks for certain positions and security clearances.
It’s pretty standard for employers to perform background checks that include criminal history. These checks typically show information such as your name, date of birth, any past addresses, and details of any misdemeanor or felony convictions.
Types of Background Checks and Their Scope
When people talk about background checks, they might be talking about a few different things. The type of background check and what it’s used for will determine what shows up.
Pre-Employment Background Checks
Many employers use background checks to see if a job candidate would be a good fit for the role. These checks can include a review of the candidate’s criminal history, driving record, and results of drug tests.
FBI Background Checks
FBI background checks are usually required for certain government jobs or to get a security clearance. These are pretty comprehensive and can reveal just about anything in your past.
State laws on disclosing convictions
State laws differ on how long misdemeanors stay on your record and when you need to disclose them. Some states have time limits on when you need to disclose misdemeanor convictions. This means that after a certain amount of time has passed, you don’t need to tell anyone about it.
For example, California, Kansas, Massachusetts, Maryland, Montana, New Hampshire, New York, Washington, and New Mexico all have time limits for disclosing misdemeanor convictions.
Because laws vary so much from place to place, it’s really important to know the laws in your specific state and county.
Can I get my misdemeanor record cleared?
It might be possible to “seal” or “expunge” your record. Sealing a record means it’s still visible to law enforcement, but not to the general public. Expungement means the record is destroyed or treated as if it never existed.
To seal or expunge a record, you usually have to petition the court. This involves filing paperwork and attending a hearing. You’ll have to meet specific eligibility requirements, which vary by state. These requirements might include a waiting period after the conviction, completion of probation, and having no new criminal charges.
If you were a juvenile when you committed the misdemeanor, your record may be eligible for sealing or expungement once you turn 18.
Addressing Misdemeanors on Job Applications
When answering questions about your criminal history on job applications, honesty is almost always the best policy.
A misdemeanor conviction doesn’t automatically disqualify you from most jobs. However, you should be prepared to discuss the circumstances of the conviction with a potential employer. Being upfront and taking responsibility can often mitigate concerns.
Frequently Asked Questions
Will a misdemeanor show up on a background check?
Generally, yes, a misdemeanor will show up on most background checks. Background checks typically pull information from criminal databases, which include records of both misdemeanor and felony convictions. The level of detail revealed can vary depending on the type of background check and the laws in your state.
How long does a misdemeanor stay on your record in the USA?
Misdemeanors generally remain on your permanent record. While some states offer expungement or sealing options for certain misdemeanors after a waiting period, the record itself isn’t automatically removed. The specifics depend on state laws, and some offenses may not be eligible for expungement.
What is the most common misdemeanor?
The most common misdemeanors vary depending on the source and location, but some frequently cited examples include petty theft, simple assault, traffic violations (like DUI/DWI), public intoxication, and drug possession (specifically, small amounts of marijuana). These offenses often carry lighter penalties than felonies but can still have consequences.
How long is a misdemeanor on your record in MN?
In Minnesota, a misdemeanor conviction generally remains on your criminal record permanently unless it is expunged. While Minnesota does offer expungement options, eligibility depends on the specific offense and meeting certain criteria, such as completing your sentence and maintaining a clean record for a specified period. It’s best to consult with a legal professional to determine your eligibility for expungement in Minnesota.
In Conclusion
It’s important to understand that misdemeanors often show up on background checks. To manage your record, you should know your state’s laws and consider whether you qualify to have your record sealed or expunged.
In many situations, honesty and transparency can be the best approach.