Being arrested for a crime does not necessarily mean you will be convicted. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record.
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Call Us NowHow long do misdemeanors stay on your record? Or do they go away?
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Misdemeanor convictions typically do not go away. Rather, they remain on your criminal record unless or until they are expunged or sealed. The same holds true for felony convictions.
Most states allow you to try to clear your record by filing for an expungement. The expungement process typically results in the court erasing an arrest or conviction from your criminal history.
Some states offer record seals as opposed to expungements. A record seal is similar to an expungement in so far that it makes your record invisible so that it no longer comes up on criminal background checks.
Common criminal offenses that lead to misdemeanor charges include:
- driving under the influence (or DUI),
- drug possession, and
- battery.
1. How long does a misdemeanor stay on your record?
Most states say that a misdemeanor offense will remain on your criminal record or criminal history indefinitely.
One harsh result of this reality is that potential employers may learn of your misdemeanor charge when performing background checks. This is true even if you sustained your conviction several years ago.
Knowledge of the prior crime may result in a company rejecting your job application.
2. Can an expungement help?
Yes. “Expungement” generally refers to the process where the court orders that a conviction be effectively erased from your criminal record.1
Note that different states handle the expungement of records differently. For example, some states prohibit the release or dissemination of records if you get a conviction expunged. Other states actually remove your criminal records and destroy your files.
No matter how a state handles an expungement, however, the process results in a great benefit. That is, if asked about a criminal history on a job application or in an interview, you generally do not have to disclose an expunged conviction.
In general, eligibility for a misdemeanor expungement requires that you:
- successfully complete probation or a county jail term, and
- not be charged with, on probation for, or serving a sentence for a criminal offense at the time you file for an expungement.2
However, many states will not allow offenders to get prior convictions of certain misdemeanor sex crimes expunged. States may also disqualify you from getting an expungement if your prior criminal offense or criminal charges resulted in a state prison sentence.3
3. What about a record seal?
Some states offer record seals as opposed to expungements.
The main difference is that while an expungement may result in the physical destruction of a record, a sealed record is not destroyed.4
But a sealed record is still generally not allowed for people to see for most purposes.
Further, once a record has been sealed, you can lawfully deny ever having received a criminal conviction, even under oath.
In general, the eligibility requirements for a record seal are close to those for an expungement.
4. Can you lose your gun rights if no expungement?
Maybe, yes. If you do not get a misdemeanor expunged or sealed, you could lose your gun rights because of the offense.
This is especially true with most convictions for misdemeanor domestic violence.
Depending on the facts of your case, you could lose your gun rights for years and even for the rest of your life.
5. Can a criminal defense attorney help?
Yes. A skilled criminal defense lawyer is critical in any criminal case involving a misdemeanor charge.
An attorney can try to help you avoid a conviction by challenging a charge with a legal defense. For example, maybe a defense lawyer can help you get an acquittal by showing that law enforcement agencies arrested you without probable cause.
Further, a defense lawyer can help you avoid a conviction by negotiating with a district attorney to reduce a misdemeanor offense to an infraction.
Criminal defense attorneys can also help you with an expungement or a record seal if you do get convicted of a crime.
Please note that most defense lawyers and law firms provide free consultations. This means you can get legal advice at no cost.
Legal References:
- Black’s Law Dictionary, Sixth Edition – “Expungement of record.”
- See, for example, California Penal Code Section 1203.4 PC.
- See, for example, Kansas Statutes Annotated 21-6614.
- Compare, for example, Florida Statutes 943.0585 (authorizing the destruction of expunged criminal records) and Nevada Revised Statutes 179.247 (discussing the effects of a sealed record).
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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