Criminal Misdemeanor Laws and Records

A criminal misdemeanor is a less severe crime as compared to a felony. There is no set misdemeanor definition as it may vary according to the constitution of different states. The weight given by a state on a particular offense may differ from the importance given to similar offenses in some different state. As a result penalties also differ in every state. Only an expert law practitioner can guide you in the best way to know about the laws and exceptions of misdemeanor case in your state. According to the US Courts, the maximum punishment that a misdemeanor offender can get is one year in jail along with some marginal fine. So, it can be said that an offense is said to be a criminal misdemeanor if the defendant receives a penalty of incarceration of five days to one year.

Laws and Penalties

Some of the common examples of criminal misdemeanor are petty theft, vandalism, traffic rule violation, prostitution, possession of drugs, shoplifting, DUI or DWI etc. Though for the first time offenders, punishments are not of serious kind but for subsequent ones, offender may end up with severe penalties. Usually, misdemeanor offenders are barred of the right to have a trial by jury and in cases where these offenders want one, they need to pay a definite fee for it. Unlike felonies, if you cannot afford an attorney for your case, you are not entitled to get one from the court.

Records and Expungement

Even though the misdemeanors are less serious crimes, but once you are convicted, your name enters in the record books. So, in future, if your employer makes a criminal background check against your name, he or she will get to know about it from this database. So it is always recommended not to try to hide it as the database is accessible to general public.

You can get this record sealed or expunged, provided you meet certain criteria. The record becomes permanent if you are found guilty, and then expungement is no longer permissible. If you had pled guilty or had opted for nolo contendere or the charge is dismissed, you can petition the court to seal or expunge the record. Thus, it will be unavailable to any public or private agencies. Different states have different clauses to meet the criteria. You can consult an experienced attorney from your state who can brief you about the minutest details of the law pertaining to sealing and expungement of the criminal misdemeanor records.

Apart from the imposition of fines and imprisonment, an offender may receive some additional punishments too. The additional penalties depend upon the nature of the crime committed. For example, if the offender has been charged for domestic violence, spousal abuse or other case related to uncontrolled anger, he or she may be send for counseling. Similarly, for certain cases, jury orders for community services or revoking of driver’s license as well. Some serious misdemeanors may lead to termination of employment, ban on professional license, loss of credentials, and loss of the right to possess firearms also.

Additional Criminal Misdemeanor Information:

Gross Misdemeanor

Minor Misdemeanor