According to Cato Institute, 13 million Americans are charged with misdemeanors every year. Since they’re so ubiquitous, should you really worry about getting one?

In general, the answer is: yes. Though misdemeanors aren’t as serious as felonies, they still go on your criminal record. And even if the misdemeanor is minor, it can affect your job prospects, housing search, and other opportunities.

How long does a misdemeanor stay on your record? That depends on each individual case. Read on to learn more about the factors that affect misdemeanor duration and your options for dealing with these offenses.

What Is a Misdemeanor?

In the United States, most crimes are generalized into three groups:

  • Infractions: Minor violations, such as speeding tickets
  • Misdemeanors: More serious offenses, such as first-time DUI
  • Felonies: The most serious violations, including murder

Misdemeanors can result in a wide variety of penalties. These range from simple fines and probation to spending one year in jail. Navigating misdemeanor penalties will depend on your specific charge, which may include:

  • DUI: First-time DUI offenses are classified as misdemeanors
  • Petty theft: Any theft involving items valued below a certain threshold
  • Simple assault: Minor altercations that don’t result in serious injuries
  • Disorderly conduct: Disruptive behavior that disturbs the peace
  • Vandalism: Damaging property valued under a specific threshold
  • Trespassing: Entering someone’s property without permission

How Long Does a Misdemeanor Stay on Your Record?

In most cases, a misdemeanor stays on your record permanently. If so, the only way to remove it is to take legal action, such as expungement.

Here are some key factors that will affect your criminal record duration:

State-Specific Laws

Every state has different rules for handling misdemeanors. In some states, criminal records become harder to access over time. Other states may allow automatic sealing or expungement as long as you qualify for it.

In Virginia, record sealing will become a real option starting next year. A new law will allow for the automatic sealing of many lesser misdemeanors. Additionally, non-convictions will be sealed right away, without the need for court approval.

Your Criminal History

If the misdemeanor is your only offense, your state’s court may be more lenient when it comes to approving expungement. Of course, multiple offenses or having a felony record will likely complicate your case.

Keep in mind that being sentenced to probation and failing to comply can extend the visibility of the misdemeanor on your record. Probation violation may also lead to additional penalties and even an extended retention period.

Type of Misdemeanor

As the above list shows, some misdemeanors are more serious than others. Drug-related or violent offenses, in particular, tend to be treated more seriously. Lesser violations, such as trespassing, are easier to remove.

It’s worth noting that the more serious offenses will usually also have longer retention periods. For example, a domestic violence charge will likely stay on your record longer than a disorderly conduct charge.

How Misdemeanors May Affect Your Future

A misdemeanor has the potential to disrupt many areas of your life. Here are some long-term effects of misdemeanors and how they may impact you.

Employment and Background Checks

During the hiring process, most employers will run a criminal background check. If they do, your misdemeanor charge will show up. This can be a bigger issue if you’re applying for a position in specific industries, such as:

  • Finance
  • Education
  • Healthcare

Some employers will overlook a misdemeanor charge, particularly if it occurred a long time ago. Others will ignore violations issued at the county level and focus on federal and state charges. Still, this is far from a sure thing.

Rental Applications

Landlords and property managers also run background checks before accepting potential tenants. A misdemeanor charge is often seen as a risk, leading to a quick rejection. That said, some states consider this to be discrimination.

Gun Rights

In some states, specific misdemeanor convictions will cause you to lose the right to own a firearm. In Virginia, for instance, charges involving assault and battery will prevent you from owning or buying a firearm for three years.

Removing a Misdemeanor From Your Record

When it comes to legal record clearing, you have two options: expungement and record sealing. Here are the main things you should know about each option.

Expunging a Misdemeanor

When you expunge a misdemeanor, you remove it from your record. After that, you can legally say you’ve never been convicted of that crime. Similarly, the offense will no longer appear on criminal background checks.

To be eligible for expungement, you need to meet certain requirements. Some common qualifying scenarios include:

  • Completing your probation without further infractions
  • Being a minor found guilty of a delinquent act
  • Being charged with first-time drug possession
  • Having a court expunge your record due to its age

You must start the misdemeanor expungement process within two years of receiving the court order. This process involves submitting specific paperwork and paying a small fee. Consider hiring a lawyer to guide you through it.

Sealing a Misdemeanor

Unlike expungement, record sealing doesn’t remove the conviction. Though most employers and landlords can’t access sealed records, some entities can still do it. This list includes:

  • Government agencies
  • Law enforcement
  • Licensing boards
  • Authorized third parties

Record sealing is typically easier to obtain than expungement. In some states, it may even be the only option to remove a misdemeanor from your record. Consult with your lawyer to determine the best course of action.

Fighting a Misdemeanor Charge in Virginia

So, how long does a misdemeanor stay on your record? That depends on many factors, from the misdemeanor type to your state’s laws. In most cases, however, that offense will stay on your record until you do something about it.

At Kearney, Freeman, Fogarty & Joshi, PLLC, we’ve been helping Virginia residents like you for over 30 years. Our criminal defense lawyers have plenty of experience with expunging criminal records — and doing it before it’s too late!

We also offer a free and confidential consultation for all criminal cases! Get in touch with us right now to protect your legal rights!