A Criminal record graphic that represents the question, "Does a Misdemeanor stay on your record?"

Your criminal history details pretty much everything that went in your record. When someone searches the public records or runs a background check on you, a wide range of information about your criminal history shows up. Since misdemeanors are also a part of someone’s criminal history, many wonder about their implications on someone’s record.

If you’re wondering does a misdemeanor stay on your record, this article is here to answer all your questions. Read on to learn if misdemeanors stay on your record and additional information about this topic.

What Is a Misdemeanor?

A misdemeanor is a category of criminal offense that’s considered less serious. Still, it would be wrong to say that misdemeanors aren’t important – a misdemeanor is much more serious than a traffic ticket, for example.

After all, a misdemeanor is still criminal behavior. The difference from much more severe criminal behavior is that misdemeanors are typically limited in terms of harm to others or property. As a result, misdemeanors are often punished by fines, probation, community service, or short jail sentences, usually under a year.

Common examples of a misdemeanor include petty theft, public intoxication, or vandalism. These are criminal activities at the end of the day, but not serious offenses that will result in the person committing them to serve years in prison.

Misdemeanor vs. Felony

To better understand misdemeanors, here’s how this category of criminal offense compares with felonies.

As you can tell from above, the primary difference between a felony and a misdemeanor is how serious the crime is. While a misdemeanor refers to criminal activity limited in terms of the harm it does to others or property, felonies are much more serious in nature. In fact, they are the most serious type of crime. Examples of felonies include murder, drug trafficking, or armed robbery.

Due to this, the severity of the punishment for a felony is drastically different than a misdemeanor. While a misdemeanor is typically punished by a fine, probation, or community service, a felony almost always results in more than one year in prison.

Another key difference between a misdemeanor and a felony is how it impacts the convict’s life in the long term. Someone convicted of a felony might lose the right to vote, own a firearm, or serve on a jury, while a misdemeanor doesn’t carry such penalties.

Regardless, both a misdemeanor and a felony are criminal convictions. Even though those with a misdemeanor conviction don’t face severe penalties, they might still be affected when searching for a job, applying to rent a property, and other aspects of life. Also, repeat misdemeanors can escalate to become a felony, which can then have much more severe punishments. 

Does a Misdemeanor Stay on Your Record Forever?

Misdemeanors might be minor offenses compared to felonies, but they also stay on your criminal record permanently. Once you’re convicted of a misdemeanor, it will become a part of the public record, which will then be accessible by anyone searching public records without the need for your permission.

As for whether a misdemeanor stays on your record forever, it doesn’t disappear automatically after a certain number of years. Unless you take action to expunge or seal the records, it will stay on your record forever. However, this doesn’t mean that anyone can go to court and remove a misdemeanor from their record – there’s a legal process for it. 

How to Get a Misdemeanor Removed

Although most states offer legal ways to expunge or seal misdemeanor records, individuals must meet certain requirements. This typically includes not committing any crime for a set period and completing all court-ordered penalties. After knowing the exact requirements, the individual with a misdemeanor on their record can file a formal petition with the court.

Removing a misdemeanor from one’s criminal record is typically done through expungement or sealing. Expungement refers to removing the misdemeanor from your record, whereas sealing means that the record will still exist but won’t be available for the public to see. 

Not all states allow expungement of every misdemeanor. Some states might limit the offenses that qualify for expungement. For instance, DUIs might not be eligible for expungement.

Ultimately, the option that’s going to be available to the individual with a misdemeanor on their record varies by state and jurisdiction, though both processes limit public access to the person’s misdemeanor record.

Now that you know more about removing a misdemeanor from your record, here’s what you need to do.

Gathering Documents

To begin the process of removing a misdemeanor from your record, gather your documents. You usually will need your:

  • Court documents that include case number, conviction details, and sentence/penalty details.
  • Proof of completed sentence/penalty, which you can get from your local courthouse.
  • A copy of your criminal record from the local law enforcement office or the state Department of Justice.

If needed, you can also include letters of recommendation and documents that serve as proof of rehabilitation. These will improve your chances of getting your misdemeanor record expunged or sealed.

Filing a Petition With the Court

When you have all your documents, the next step is to submit a formal petition for expungement or sealing your misdemeanor records to the court that handled your case initially. You can do this yourself or work with a criminal defense attorney.

If you’re doing it yourself, you will need to fill out the relevant legal forms, pay the filing fee, and submit everything with your documents. After this, you might need to attend a court hearing, where a judge will review your case and decide whether to expunge or seal your records. 

However, note that there’s no guarantee that the court will rule to expunge or seal your misdemeanor records. That’s why it is best for those who want to get their misdemeanor records removed to work with a lawyer to get legal guidance and set realistic expectations.

How to Check if a Misdemeanor Appears on Your Record 

Misdemeanors are a part of your criminal history. Therefore, you can easily find out if a misdemeanor appears on your records by searching the public records, even if you’re in a state that doesn’t share criminal records right away

While visiting the local county clerk’s office is the most common way people check if a misdemeanor appears on their record, there are also other, more convenient ways of discovering this information, such as running a people search on yourself on our website, USPeopleSearch. This will enable you to check every bit of information about you on public records, including criminal records.

The following is a step-by-step guide on how you can use USPeopleSearch to run a people search on yourself to find out if a misdemeanor appears on your record.

  1. Go to USPeopleSearch’s people search.
  2. Enter your full name, city, and state.
  3. Click the search icon and answer the questions that prompt on the screen about yourself, such as age range and past criminal history.
  4. Find yourself from the list of people associated with your search and begin the detailed search.
  5. Wait for USPeopleSearch to search thousands of public databases and billions of web pages to compile a report that includes your criminal history.

Once you get your report, you will know if a misdemeanor appears on your record. You can think of this as running a background check on yourself. If you’re concerned that a future employer or a landlord might see the misdemeanor on your record after you authorize the background check, this is a convenient way to find out.

FAQs About Misdemeanors on Your Record

Below, you will find answers to commonly asked misdemeanor questions.

How Long Does It Take to Seal or Expunge a Misdemeanor Record?

Whether you initiate the process for sealing or expunging a misdemeanor record, you can expect the process to take several months. Typically, the process usually takes at least three months, from the moment you collect your documents to filing a petition with the court to finally getting the records sealed or expunged.

Is an Infraction the Same as a Misdemeanor?

Just as misdemeanors are less serious than felonies, infractions, also known as petty offenses, are less serious than misdemeanors. While a misdemeanor can result in short jail sentences, infractions never lead to jail time. 

Common examples of infractions include parking overtime at an expired meter, speeding, neglecting to stop at a stop sign, not wearing a seatbelt, and so on. They are much less serious compared to misdemeanors and are typically punished by a fine.

Does a Removed Misdemeanor Appear on a Background Check?

A misdemeanor that’s sealed or expunged won’t show up on a background check, as both ultimately mean that the public won’t be able to see the misdemeanor records. Even if the background check is an extensive one, a misdemeanor that’s expunged or sealed won’t appear on the background check results.

Does a Misdemeanor Stay on Your Record: Conclusion

With all these covered in our article, we’ve answered whether a misdemeanor stays on your record and what steps you can take to get it removed. 

In short, if you’re convicted of a misdemeanor, anyone searching for your criminal history, which is public record, will know about it. That’s, of course, unless you are eligible to request it to be sealed or expunged and follow through with filing a petition for it to happen. 

Even though a misdemeanor is a less serious offense than a felony, it is a part of your criminal record and it will appear on your record when someone searches for your criminal history.

Claire Young

Claire Young

author