A misdemeanor is a crime, but it’s not as serious as a felony. Still, a misdemeanor conviction comes with consequences.
You might be wondering, “How long do misdemeanors stay on your record?” That’s an important question because your criminal record can impact your ability to get a job, rent an apartment, or even volunteer.
The answer isn’t always straightforward. Rules regarding misdemeanor records vary from state to state, including how long they’re visible and whether you can have them expunged (removed) from your record.
What is a misdemeanor?
A misdemeanor is a crime that is less severe than a felony. If you’re convicted of a misdemeanor, you may have to pay a fine or spend less than a year in jail.
Examples of common misdemeanors include:
- petty theft
- simple assault
- traffic violations
Felonies are considered more serious crimes than misdemeanors. They typically involve prison sentences of more than a year.
Do misdemeanors show up on background checks?
Yes, misdemeanors almost always show up on background checks, because background checks usually include a review of your criminal history.
You might encounter a background check when you apply for a job. Some jobs, particularly those that require security clearance, may require an FBI background check.
These checks often include criminal history, driving records, and possibly even drug tests. It’s important to remember that while some background checks are more thorough than others, a misdemeanor conviction will probably be visible.
For this reason, it’s always a good idea to be honest about your record when you apply for a job. Transparency is key.
State rules on disclosure of convictions
When it comes to disclosing a misdemeanor conviction, state laws can be all over the map. Some states have rules that limit how long you have to disclose a misdemeanor conviction, and those laws dictate how long you have to report it. Because these laws aren’t uniform, it’s important to look up the laws that apply in your state.
Some states with disclosure time limits include California, Kansas, Massachusetts, Maryland, Montana, New Hampshire, New York, Washington, and New Mexico. Each of these states has rules that limit how long you have to disclose a conviction, often seven years or longer. Keep in mind that these limits may only apply in certain situations.
It’s important to check the laws in your state and your local jurisdiction. Because these laws do change from time to time, it’s always a good idea to verify that you have the current and most up-to-date information.
Expungement and sealing of records
Depending on the state where you live, you may be able to have your record expunged or sealed.
With expungement, the record is destroyed. With sealing, the record still exists, but the public can’t see it.
Keep in mind that even if a record is sealed, certain entities — such as law enforcement agencies — may still be able to access it.
The process of expungement or sealing usually involves filing a petition with the court. There may be a waiting period after the conviction, and you’ll have to meet certain eligibility criteria.
Each state has its own rules about who is eligible to have a record expunged or sealed. The eligibility requirements also vary depending on the nature of the offense. In many jurisdictions, you have to have a conviction-free period before you can apply to have your record cleared.
Pennsylvania’s Clean Slate Law is a good example of how expungement works. It allows people to petition the court to have certain low-level, non-violent offenses sealed after a period of time. But keep in mind that if you have a felony or a serious misdemeanor on your record, you may not be able to seal other misdemeanors.
Long-Term Consequences and Mitigation
Even though a misdemeanor is considered a less serious crime than a felony, a misdemeanor conviction can have long-lasting effects on your life. Here are a few points to keep in mind:
- Potential Long-Term Impacts: A misdemeanor on your record could make it more difficult to get a job, rent an apartment, apply to a college or university, or maintain your social standing in the community.
- Taking Action to Mitigate Consequences: Early action can make a big difference in mitigating the negative impacts of a misdemeanor. You may want to look into the possibility of having your record expunged or sealed.
- Seeking Legal Counsel: A criminal defense attorney can help you understand your rights and responsibilities and guide you through the process of expunging or sealing your record.
Having a misdemeanor on your record can create hurdles in life, but taking swift action and consulting with a legal professional may help you overcome those hurdles and move forward.
How misdemeanors affect background checks
Having a misdemeanor on your record doesn’t automatically mean you can’t get a job. When employers run background checks, they usually consider a few key things:
- What kind of crime was it? Is it related to the job you’re applying for?
- How long ago did it happen? The further in the past, the better.
- What are your other qualifications? Do your skills and experience make you a good fit?
It’s always a good idea to be upfront and honest with potential employers about your past. Explain the situation and provide context. Transparency can go a long way.
How long does a misdemeanor stay on your record in Louisiana?
In Louisiana, misdemeanor convictions and arrests stay on your record forever unless you do something about it. Luckily, Louisiana law offers options for getting charges dismissed.
For example, Article 894 of the Louisiana Code of Criminal Procedure allows for the conditional dismissal of charges, meaning that if you complete a probationary period without any further incidents, the arrest and charge can be removed from your record. However, this isn’t automatic; you have to take action to make it happen.
The Bottom Line
Whether you’re an individual who’s been charged with a misdemeanor or an employer who conducts background checks, it’s important to understand the laws in your state regarding criminal records.
As we’ve seen, state laws vary widely. It may be possible to expunge or seal a misdemeanor conviction. Being upfront about a past mistake can be helpful, and getting legal advice is always a good idea.
If you have further questions about misdemeanor records, be sure to research the specific laws in your state. An attorney in your area can help you understand your rights and responsibilities.