Because of the advancements in the technology, it has become too easy to find about you and your background history, especially, if you have committed any crime. The importance of the background checks increases, especially, when you apply for some new job or any other type of application. As there are numerous categories of the convictions, the number of background checks have also increased manifolds. Moreover, as mentioned above, because of technological advancements these convictions are easy to find. Therefore, if you are the one who has convicted a crime and has been charged with a misdemeanor, then you will definitely be thinking that for how long does a misdemeanor stay on your record? Do you ever get rid of this black mark from your records? Can you again start living your normal live? Therefore, to answer all these questions, we have presented a superb article for you. Do not worry and just read on to get the answer of your questions.
What Is Misdemeanor?
The majority of you might be knowing completely about the misdemeanor. However, there will definitely be some who will not have any idea about the misdemeanor. Therefore, to understand what a misdemeanor is, let us have a brief look so that we can have a clear idea about it. Technically, a misdemeanor is defined as the ‘lesser’ version of crime in the United States. Moreover, there are less severe penalties that felonies, but has more severe punishments than the infractions. If we talk, in general, a misdemeanor is that type of crime for which the maximum duration of the punishment is maximum 12 months.
However, there are different classes of misdemeanors, for example, Class 1 misdemeanor, Class 2 misdemeanor, and many more. These classes of misdemeanor vary from the state to state. Among all the classes, the most severe is the one, which is punishable through the jail time, and other classes are those, which do not include the maximum sentence of incarceration.
If there is a punishment of incarceration in any misdemeanor, all the sentences of incarceration will be served inside the county or local city jails. On the other hand, the sentences of the felony will be served inside the prison. The majority of the misdemeanor cases and sentences involve only the payment of the fine, serving of the probation period or performing the community services.
In very few states, people who have convicted with the misdemeanors do not lose any of the civil rights, unlike the convictions of felons. However, there are certain types of jobs that the people who have convicted with the misdemeanor cannot apply for.
How Does Misdemeanor Different From Felony?
The primary difference between the felony and misdemeanor is that- in the case of misdemeanor, the maximum punishment is up to a year in jail time and the majority of the jail time is served inside the local county jail and not in the high-security prisons.
On the other hand, the felony is the more serious type of crime when compared to the misdemeanor. The crimes done under the felony are mostly punishable by the sentences inside the prison that are more than one year long. As in felony, the punishments are severe, the courtroom procedures are strictly observed. The crime done under the felony are viewed seriously by the society and can include rape, burglary, murder, kidnapping and many more. Therefore, the felonies are mostly punished in the range of ways and match the severity of the crime.
Credit Reporting Agencies
Before proceeding further and knowing about the details of misdemeanor, let us have a look into the agencies that are primarily responsible for your background checks. Some of the Credit Reporting Agencies that perform the background checks include TransUnion, Experian and many more. You may have to go through the background checks numerous times, for example, pre-employment, credit screening or may be prior to becoming a tenant. Moreover, the collection and dissemination of such information is being regulated through the Federal Law that comes under the Fair Credit Reporting Act or FCRA.
Duration Of the Misdemeanor On Your Records
The duration primarily depends on the type of misdemeanor you have performed. While deciding for the punishment for your misdemeanor, it depends on various factors. Moreover, there are certain factors in which you can get rid of the misdemeanor, but there are also some of the factors through which it is almost impossible to save yourself.
• The first factor that affects the duration of the misdemeanor is the state where you have been charged. As every state has their own rules of punishing people with misdemeanors.
• The second important factor to decide your duration of the misdemeanor is the nature of crime you have performed. If, in case, you have committed a sex crime, there are almost negligible chances of being saved from misdemeanor and it will never be removed from your records.
• The third important factor is for how long you have been charged with the misdemeanor. In the majority of times, the minimum frame for the Expungement is five years from the date you complete your probation. Although, there are chances that it may be different in the different states.
• The final factor is the compliance of yours with the duration of the probation. If you have not paid the fine still, or you have not completed the probation, there are fair chances of your being a candidate for Expungement.
Therefore, it was all about the misdemeanor. Please try to be safe and avoid yourself from committing any crime. However, if you have done, it is advisable that you research thoroughly about your misdemeanor and search for the ways of getting rid of it.