Information Found in Misdemeanor Records

A misdemeanor is a less serious crime than a felony, and most traffic violations and municipal ordinance infractions fall under the class of misdemeanor offenses. Though they are less serious crimes, under most state "three strikes" laws they can compound if they occur within a certain period of time, leading to stiffer penalties each time.

Misdemeanors do not always result in arrest, nor are they always punished by jail time. If jail time is mandated, it is usually served in the city or county jail as opposed to prison. Most minor infractions carry a fine, and a person charged with a misdemeanor may be able to simply pay the fine and not appear in court. 

What You Will Find in a Misdemeanor Record

Public information such as the person’s age, gender, ethnicity, birth date, known aliases, and the place where the conviction took place will be contained in a misdemeanor record. There will also be certain details of the conviction, such as the type and class of the crime, when the conviction occurred, when fines or other penalties were completely fulfilled, and perhaps the name of the judge who presided over the verdict (if the person appeared in court).

Many times people will opt to plead guilty by simply paying the fine imposed. A guilty plea arrived at in this manner will show on a misdemeanor record. If the person was found not guilty of a misdemeanor crime, this information may or may not reflect in a records search.

If a sentence was suspended, the misdemeanor record will reflect a conviction with suspended sentence. Details of probation may also be included, though not always.

What You Will NOT Find in a Misdemeanor Record

Most parts of a misdemeanor criminal record are public—if the record concerns an adult, that is. Juvenile misdemeanor records are typically sealed, and may even be unavailable to law enforcement officials.

On adult misdemeanor records, personally identifying information such as phone numbers and social security or state ID numbers will typically be removed before the public can access the record. These rules are in place to protect the privacy of the individual.

If the misdemeanor involves sensitive family issues, the entire record may be sealed or identifications of victims may be removed to protect their privacy. Most misdemeanors are not sensitive enough to warrant such measures, however.

Can misdemeanors “fall off” the record?

Misdemeanor charges which did not lead to an arrest will remain on your permanent criminal history, but they will “fall off” your driving record after a certain period of time. This only means that your insurance company does not count them against you anymore when determining the premiums you will pay. Each insurance company has different rules for how far back they will search your driving record; three years is typical for minor traffic offenses and five years is typical for a DUI records search.

The offenses do not ever leave your misdemeanor record permanently unless you have a court order and expungement or the record is sealed for some other reason (for instance you enter the witness protection program). Misdemeanors are there to stay under most circumstances.

How to Find Out Detailed Information About a Misdemeanor Case

It is possible to find out very detailed information about misdemeanor proceedings if you request the court records for the case. All court proceedings are recorded. Some of these records are available electronically or via audio or videotape. Most often, court documents will be held in the courthouse where the trial took place. You must ask the court clerk for help in finding these records.

If you retrieve actual court records of a misdemeanor case, you will learn many details that a simple records search may not reveal such as what the defendant, the prosecutor, and the judge said, witness testimony if there was any, and the details of the judgment that was handed down upon conviction.

While these types of court records are much more detailed than a simple misdemeanor record search, they can be very enlightening as they are a verbatim recording of the trial. Any time a person appears in court, those proceedings are recorded and stored, and become public information (with certain restrictions on personally identifying information).

How trustworthy are misdemeanor records searches?

Misdemeanors may be recorded by any of the various courts in the state—municipal, district, or even appeals courts. Supreme Courts do not usually hear misdemeanor cases. A statewide records search may be incomplete if misdemeanor crimes were committed in various jurisdictions or municipalities.

The record is only as complete as the state requirements dictate. Not all state agencies are required to report criminal or civil records to the statewide repositories, so some misdemeanor crimes may be left off the records you try to retrieve. In addition, no all states require reporting at all, in which case the state misdemeanor record file might be very incomplete.

What to Do If Your Record Contains a Misdemeanor

Since a misdemeanor remains on your record forever unless it is expunged by a court, it could cause you problems if you attempt to cross the border into Canada or are applying for a job. Your criminal record is a reflection of your past actions, and you must be prepared for the consequences of those actions—even many years later.

If a prospective employer is asking your permission to run a background check, be prepared to explain all misdemeanor charges. Recent convictions will be more difficult to explain than those that happened many years ago. You should know that companies do not perform background checks unless they are seriously considering a candidate, and that they must ask your permission before requesting misdemeanor records.

Prepare yourself with an explanation, but do not get defensive. Tell the facts of the case, admit you were wrong, and explain what you learned from your misdemeanor conviction.