A misdemeanor generally stays on your criminal record indefinitely unless you take legal steps to have it sealed or expunged. This means the conviction can affect your record permanently and may impact employment, housing, and professional licensing opportunities
. However, the exact duration and visibility of a misdemeanor on your record depend on several factors:
- State Laws: Different states have varying rules on record retention and expungement eligibility. For example, in New York, misdemeanor case records are typically retained for six years after disposition before destruction, except in cases involving orders of protection which may be kept longer
. In Virginia, misdemeanor case documents can be retained for 10 to 50 years depending on the offense
. California law sets a minimum retention period of 5 years for misdemeanors
- Expungement and Sealing: Many jurisdictions allow for misdemeanors to be sealed or expunged after a waiting period (often 1 to 5 years), which can effectively remove the record from public background checks, though the conviction remains part of the official record unless fully expunged
- Background Check Reporting Limits: Some states have "lookback" periods limiting how far back background checks go, commonly 7 to 10 years, meaning older misdemeanor convictions might not appear on certain background checks even if they remain on your official record
In summary, without expungement, a misdemeanor conviction stays on your record indefinitely, but its visibility and impact can diminish over time depending on state laws and whether you pursue record sealing or expungement. It is advisable to consult a legal professional to understand your options based on your jurisdiction and specific circumstances.
