Having a criminal record can cause significant difficulties for a person in many aspects of their lives. One of the first questions people ask when facing a potential charge is how long a conviction will remain on their record.
This applies to misdemeanor convictions and charges. Like any other criminal convictions, these marks on a record are great cause for concern.
Knowing how long they stay on a record and what legal options there are to have them removed can help people prepare for their futures despite their criminal history.
Goss Law is a criminal defense practice in Sacramento, California, that handles misdemeanor cases and expungement. Attorney Blair Goss can also explain how to expunge misdemeanor California.
The following guide explains the ins and outs of misdemeanors in California, how long they stay on a person's record, and what options there are to have charges removed sooner.
What Is a Misdemeanor?
Misdemeanors are criminal charges of mid-level severity. They are less serious than a felony conviction or charge- but more serious than an infraction. By default, the maximum penalty for a misdemeanor offense is six months in county jail and a $1,000 fine. Some misdemeanors carry up to one year in county jail.
There are some exceptional cases where higher penalties may apply. Charges can also lead to penalties of probation and participation in a court-ordered program.
Some examples of common misdemeanor charges include:
- Vandalism
- Petty theft
- DUI (first offense, non-fatal)
- Reckless driving (first offenses, non-fatal)
- Domestic violence cases with no serious injuries
- Simple assault
- Trespassing
What Is the Difference Between a Misdemeanor Conviction and a Misdemeanor Charge?
It is important to understand the difference between a misdemeanor conviction and a misdemeanor charge- and the consequences of each.
A misdemeanor charge is when the government officially accuses a person of committing a misdemeanor offense. If the person is then formally found guilty of that criminal offense, it becomes a misdemeanor conviction.
Not every misdemeanor charge ends up as a conviction- especially with the intervention of an experienced and dedicated legal defense attorney.
A charge can be dismissed, meaning no official conviction exists. That said, the charge alone can have repercussions.
How Long Does a Misdemeanor Stay On Your Record in California?
If a person receives a misdemeanor criminal conviction in California, it will remain on their criminal record until they are 100 years old. In other words, it is essentially permanent.
That said, the conditions of access to that information are somewhat complicated, and there are ways to shield a misdemeanor conviction from the public eye, depending on the circumstances.
What About Misdemeanor Charges?
Being charged with a misdemeanor crime is not the same as being convicted, as mentioned earlier. With a strong defense, it is possible to avoid a conviction altogether- and keep the charge off of a person's criminal record.
An arrest or charge that did not lead to a conviction can still appear on a California criminal record, and it can show up on private background reports for up to seven years, until the record is sealed.
Someone arrested for a misdemeanor offense will have an arrest record, even if they are not convicted. There are ways to have this record sealed (see more below).
Do Misdemeanor Convictions or Charges Show Up on Criminal Background Checks?
Almost every job in California now requires a background check before an offer of employment. As such, it is crucial to understand what shows up, and for how long it is relevant.
Arrests and charges that did not lead to a conviction can still show up on background checks until they are sealed. Convictions will also be found.
In California, a misdemeanor conviction shows up on a background check for seven years. Even if it shows up after this time, the California Civil Code prohibits an investigative consumer reporting agency from including the information in its report.
It is worth noting that written consent must be given before anyone can run a background check on a person for the purpose of employment opportunities. That said, refusal to provide this permission is likely to result in the loss of the job.
Understanding Criminal Record Expungements in California
Knowing a misdemeanor conviction will stay on a record for life (unless the convicted person lives past 100) can cause significant stress. In some cases, there is a solution.
Having criminal records expunged is one legal option for people convicted of misdemeanors, as long as certain criteria are met.
A criminal defense attorney who handles expungements can help guide people through the process and find the best options for their future.
Can a Misdemeanor be Expunged in California?
Misdemeanor expungement is possible under California law- but not immediately, and not for everyone.
Any probation terms must be completed before a person can submit an expungement request. If probation was not part of the penalty, at least one year must have passed since the conviction.
The person must be free from any pending charges or open cases to qualify for an expungement.
Additionally, some offenses are not eligible for expungement under virtually any circumstances.
One example of this is any kind of misdemeanor sexual assault conviction against a minor.
What Is the California Expungement Process?
The California Penal Code describes expungement as removing a guilty or no contest plea after completing probation or other penalties and requirements and replacing it with a not guilty plea. As a result, the case is dismissed.
To have a misdemeanor conviction expunged, a person must first determine their eligibility. A criminal defense attorney can help clear this up and discuss the available options.
Next, an official application is submitted to the court, and a hearing may be scheduled to discuss the case and why expungement should be granted.
If the request is successful, confirmation is provided, and the records will be cleared. It is important to note that law enforcement may still have access to some details, and any information online about the arrest will not be removed.
How Does Expungement Differ from Sealing an Arrest Record?
Expungement is not the same as sealing an arrest record. Expungement applies to convictions. Sealing under Penal Code 851.91 applies to arrests that did not lead to a conviction.
A person can petition to have an arrest record sealed under Penal Code 851.91 in the following circumstances:
- They were arrested, no charges were filed, and the time to file charges has passed.
- The charges were dismissed.
- They were acquitted at trial.
- Their conviction was vacated or overturned on appeal.
California also provides automatic relief in many cases. Under Penal Code 851.93, many arrests that did not lead to a conviction are sealed automatically. Under Penal Code 1203.425, many convictions are automatically dismissed and shielded from background checks once the sentence or probation is complete.
Sealed records are not destroyed. They are kept but generally hidden from public view and most background checks. Once an arrest is sealed, the person can usually say they were not arrested for that offense.
There are exceptions. A sealed arrest must still be disclosed on some applications, such as an application to be a peace officer or a contract with the California State Lottery. Law enforcement and courts can also still see sealed records in some situations.
Avoiding Misdemeanor Convictions
The best way to avoid having a misdemeanor on a criminal record is to never let it get as far as an official conviction. If a person is accused of a misdemeanor offense by law enforcement agencies, they should talk with a criminal defense lawyer as soon as possible.
Dismissing the charges should be the top priority for anyone facing a misdemeanor conviction. Even minor crimes can cause life-long complications for a person in their professional and personal life, and there is no guarantee any future appeal or request for expungement will succeed.
A criminal defense lawyer fights to ensure a misdemeanor stays a charge, not a conviction, and can build a defense using the evidence and legal tools available to seek a dismissal.
If this happens, it is significantly easier to have the arrest records sealed and maintain a clear criminal record- especially if it is a first offense. It also avoids the prospect of a jail sentence, financial penalty, and probation requirements.
Securing a great criminal defense attorney as soon as possible is crucial for anyone facing a potential misdemeanor conviction. For more information, locate a nearby Sacramento misdemeanor lawyer.
Work With a Criminal Defense Attorney in Sacramento, California
Goss Law is a criminal defense practice based in Sacramento, California. Attorney Blair Goss defends people accused of crimes and helps those already convicted clear their records.
Working with a dedicated criminal defense lawyer from Goss Law gives defendants the best chance of keeping their records clean and restoring their prospects for the future.
If you are facing a misdemeanor conviction or have a charge you hope to expunge or seal, then don't hesitate to contact Goss Law.
Blair Goss believes everyone deserves the opportunity to have a strong defense- and to avoid the long-term worries that come with a misdemeanor conviction.
Reach out to Goss Law today to arrange a free consultation to discuss your case.
Don't waste time when it comes to your life. Speak to a professional at Goss Law today.
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This post is general information about California law, not legal advice about your situation. Laws change, and every case is different. For advice about your case, talk to a lawyer.