Does a misdemeanor eventually go off your record?

Question

Or is it something an employer can always find on a background check. I am currently going through legal proceedings for criminal damage to property (a window was broken at a hotel) and the public defender says I can't get court supervision. I don't want this on my record forever.

Answer 1

Misdemeanor convictions are criminal convictions and as such they remain on your record.

If yiu are young enough, you may be prosecuted as a minor, meaning that even if you are "convicted" and get some incarceration, it should not appear on your record.

"or criminal damage to property (a window was broken at a hotel) "

Maybe you can work out a deal for restitution.  The court may agree to that in connection to a plea to some non-criminal offense (in NYC, they usually allow a guy to plea guilty to disorderly conduct, a non-criminal offense that does nto count as a conviction - that's usally in return for the defendant's paying restitution, staying out trouble, etc.

Answer 2

If you haven't tried this (and it might be too late), contact the hotel, offer a heartfelt apology and pay the cost of repair, plus lost use of room in return for them dropping the charges.  If you can afford it that is.

If not, is a guilty plea to a lesser charge (like Malicious Mischief) an option?  That's one that if nothing else you will usually get a chance to explain in an interview.

Answer 3

In my state that charge would stay on your record unless you are a juvenile (under 16 years of age here).  There are certain crimes, such as possession of less than 1/2 oz. of marijuana that can be expunged after a certain period of time (again that's in my state) but not damage to property.  Fire your public defender and get a private lawyer.  They can answer this type of question for you and if it's your first offense, they might even be able to have the prosecution deferred until you complete some community service and then have the charge dropped.  Once you are convicted it's going to be almost impossible to have your record expunged.  

Answer 4

It depends. I had a Misd from 1997 and when I went to that agency to look into it....even they couldn't find any record of it. So yes, they can come off your record, check with that agency that you received the Misd from and go that route. Good luck.

Answer 5

Think it is all up to the state or borough you committed the crime in..Each have diferrent policies. Some police keep any record of any offensive forever, some for four years etc.

Answer 6

Depends on the state. In many states, the criminal record is there forever as public information unless you get a diversion. Misdemeanor or Felony, doesn't matter.

Malicious Mischief, as it is called here, is not a HUGE deal to employers, unless you plan on becoming a police officer.