How Long Does a Misdemeanor Stay on Your Record in California?

A misdemeanor conviction in California stays on public record indefinitely but may be eligible for expungement under specific conditions. Background checks typically show misdemeanor convictions for seven years, but expungement can remove them from most employment screenings.

By Douglas Wade, Attorney

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Table of Contents

1. How long is a California misdemeanor on your record?

2. What is the definition of a misdemeanor?

3. The Difference Between a Misdemeanor Charge and a Conviction

4. In California, how long does a misdemeanor remain on your record?

5. A Look at California’s Criminal Records

6. Would a Misdemeanor Be Visible on My Record?

7. Will a charge that did not result in a conviction appear on my background report?

8. California Expungements

9. Is it Possible to Have a California Misdemeanor Expunged?

10. How Does Expungement Differ from Seal-and-Destroy?

11. Methods for Preventing a Misdemeanor Conviction

How long is a California misdemeanor on your record?

For a person facing misdemeanor charges or a conviction in California, the length of time a conviction will remain on their record is an important consideration and a common question. Many are probably already aware that having a misdemeanor on your record can limit your job prospects among many other bad things. An individual’s permanent record will reflect a misdemeanor conviction, plain and simple. Be that as it may, expungement is still an option for those who want the misdemeanor expunged from their records.

If you’re wondering, “how long does a misdemeanor stay on your record in California?” the knowledgeable lawyers at Nakase Wade in California have you covered with a comprehensive answer in this article. Anyone dealing with or convicted of a misdemeanor offense knows how important it is to have access to clear and accurate information. Before giving a thorough answer to the question that was highlighted above, we start the article by examining misdemeanor charges and convictions more closely. The article concludes with a discussion of expungements and background checks.

What is the definition of a misdemeanor?

The criminal offense known as a misdemeanor falls somewhere between an infraction and a felony in terms of seriousness. Petty theft, vandalism, DUI, and domestic violence (no serious injuries) are common misdemeanor charges in California. The state’s maximum penalty for a misdemeanor is $1,000 in fines and one year in prison. Keep in mind that these are only guidelines, and that stricter punishments may be necessary under certain circumstances. Another consequence for a misdemeanor conviction is probation or a court-mandated program.

The Difference Between a Misdemeanor Charge and a Conviction

All misdemeanor charges do not necessarily result in a misdemeanor conviction. A misdemeanor charge in California basically indicates that the state has officially accused you of a minor offense. Conversely, a misdemeanor conviction declares an individual legally guilty of the offense in question.

Even though this is standard fare for anyone familiar with the legal system, those without such background may find it strange. It is possible to charge someone with a misdemeanor offense but have those charges dropped, meaning they will not face conviction. A misdemeanor charge in California may not necessarily lead to a conviction if you retain the services of an experienced legal team like Nakase Wade.

In California, how long does a misdemeanor remain on your record?

Convictions for misdemeanors remain on a person’s record indefinitely, as stated in the introduction, and will remain on public record permanently. The California Attorney General’s Office has stated:

When a state agency or court submits information regarding an individual’s arrest, detention, disposition, or personal identification, the Department of Justice must document it in accordance with the law. The Department’s policy regarding the retention of criminal history records is to keep them until the subject turns 100 years old.

However, there are a lot of complex (and even tricky) details surrounding this, especially with regard to the circumstances under which certain individuals may have access to this data. What follows is a more in-depth examination of California criminal records, background checks, and the expungement of misdemeanors.

A Look at California’s Criminal Records

Individuals in California have the right to request their own record of criminal history from the state government, as stated in sections 11120 through 11127 of the California Penal Code. The California Office of the Attorney General has provided instructions on how to access your criminal record here. This can be helpful if you aren’t sure what information is on your criminal record and would like to verify its accuracy.

Would a Misdemeanor Be Visible on My Record?

Almost all California employers now conduct background checks on prospective employees. Knowing what information will be visible on a background check is crucial if you have a misdemeanor conviction. Criminal convictions will appear on a person’s background check for a period of seven years in California.

According to Section 1786.18 of the California Civil Code, it is prohibited for an investigative consumer reporting agency to create or provide a report that includes records of a crime from over seven years in the past. Keep in mind that the Fair Credit Reporting Act (FCRA) of California mandates that, in order to conduct a criminal background check on an applicant, a prospective employer must first obtain the applicant’s written consent.

Will a charge that did not result in a conviction appear on my background report?

Background checks will reveal a misdemeanor conviction, which is common knowledge, but people are less sure about charges that do not lead to a conviction. Except in cases where the arrest is still pending, no information regarding an arrest that did not result in a conviction can be disclosed.

California Expungements

A misdemeanor conviction in California will appear on a background check and may affect a person’s ability to get a job, which is a very stressful thought for those people. One option available to those in these situations is to have their criminal records sealed or expunged.

California offers expungement as a form of post-conviction relief. According to the Legal Information Institute at Cornell University:

The term “to expunge” refers to the act of erasing or deleting data from storage media such as files, computers, and databases. This is most commonly seen in the process of expungement of criminal records. Expungement of criminal records is a legal option in most states; the specifics vary by jurisdiction.

According to Section 1203 of the California Penal Code, an expungement permits a defendant to re-enter a plea of not guilty and have the charges dismissed after withdrawing a no contest or guilty plea. It is no longer necessary to disclose an expunged conviction on job applications or in any correspondence with prospective employers, including those who extend conditional offers of employment.

Is it Possible to Have a California Misdemeanor Expunged?

Expungement of misdemeanor convictions is possible in California. The completion of all terms and requirements of probation is a prerequisite to having a misdemeanor conviction expunged. Prior to initiating the expungement process, the individual must wait one year from the date of conviction if probation was not imposed as a penalty. Furthermore, there should be no other charges against the individual that are either pending or open. While these are the most important requirements for expungement of a misdemeanor conviction, there may be other factors that a competent attorney can help you navigate.

In addition, some misdemeanors are not expungable. For instance, it is extremely unlikely that a misdemeanor conviction for a sex crime perpetrated against a minor can ever be expunged. Get in touch with Nakase Wade right away if you need information about expunging a misdemeanor conviction. Regardless of the complexity of your case, our attorneys can efficiently and properly expunge your misdemeanor conviction.

How Does Expungement Differ from Seal-and-Destroy?

There are two distinct processes, despite the fact that some people use the terms interchangeably. A person can legitimately claim they have not been arrested for a specific crime by sealing and destroying records, which is mostly associated with arrest records. You have the option to have your record sealed and destroyed if:

You were placed under arrest, but no formal charges were ever brought
The conviction was later overturned due to an appeal
The court dismissed the case

This request, if approved, will lead to the deletion of all fingerprint, booking photo, and police report records associated with the arrest.

Methods for Preventing a Misdemeanor Conviction

If you have been charged with a misdemeanor, your top priority should be to have the charge dismissed so that you do not receive a misdemeanor conviction. A misdemeanor conviction can have far-reaching consequences, including major penalties and even trouble finding a job or a place to live in the future. The best offense, as they say, is a good defense. To that end, it is highly recommended that you look into hiring a competent criminal defense attorney.

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