Misdemeanors

A misdemeanor is an offense that is more serious than minor infractions but less severe than felonies. They represent mid-level crimes, often involving minor harm to people or property, including offenses such as petty theft, simple assault, vandalism, or first-time DUI offenses.

Misdemeanors occupy the middle tier of the criminal hierarchy. Infractions typically result only in fines and do not lead to a criminal record, whereas felonies carry long-term imprisonment and significant legal consequences.

Misdemeanor penalties typically include fines, probation, community service, restitution, or incarceration of up to one year in a county or local jail. Depending on the jurisdiction and type of offense, additional consequences may include license suspension, mandatory counseling, or restrictions on professional licenses, to balance punishment with rehabilitation.

Understanding Misdemeanor Classifications

Misdemeanors are generally stratified into classes that reflect severity and guide sentencing outcomes.

Common Misdemeanor Classes

Misdemeanors are organized into graded classes, such as Class A, B, and C, or equivalent designations like Level 1-3, or simple vs. gross misdemeanors in states like California and Texas. These classifications reflect the severity of the offenses and establish the statutory maximum penalties.

• Class A Misdemeanors: Class A misdemeanors generally represent the most serious misdemeanors, with the harshest consequences. Penalties typically include jail terms of up to one year and the highest fines.

• Class B Misdemeanors: Class B misdemeanors are less severe than Class A misdemeanors, with shorter incarceration periods, typically 30 to 180 days, and moderate fines.

• Class C Misdemeanors: Class C misdemeanors represent the lowest level misdemeanors, typically resulting in minimal or no jail time and smaller financial penalties.

Examples of Misdemeanor Offenses

Common misdemeanor offenses include first-offense DUI/DWI, petty theft, simple assault without serious injury, disorderly conduct, criminal trespass, public intoxication, minor drug possession in some jurisdictions, and vandalism with limited property damage.

While many offenses are universally recognized, specific thresholds and definitions vary by state. For instance, the dollar amount distinguishing petty theft from felony theft, blood alcohol concentration limits for DUI, or drug possession quantities differ regionally.

Consequently, an offense classified as a misdemeanor in one state may be treated as an infraction or even a felony in another, highlighting the importance of reviewing local statutes when determining charges or penalties.

State-by-State Variations

Misdemeanor classification and penalties vary significantly across states, with some using tiered systems. For example, California designates misdemeanors as Class A, B, and C. Texas and New York employ Class A and B classifications, with corresponding sentencing ranges.

Many states recognize "wobblers", offenses that prosecutors may charge as either misdemeanors or felonies, depending on factors such as prior convictions, severity of harm, or the use of a weapon.

Wobblers, common in states such as California, allow courts to tailor sentencing but increase legal risk, as conviction level can dramatically affect incarceration, duration, fines, and long-term criminal records.

State	Misdemeanor Classification System	Maximum Jail Term	Typical Fine Range	Wobbler Offenses?
Alabama	Class A, B, C	Up to 1 year (Class A)	Up to $6,000	No
Alaska	Class A, B	Up to 1 year	Up to $10,000	Limited
Arizona	Class 1, 2, 3	Up to 6 months (Class 1)	Up to $2,500	Yes (some DUIs)
Arkansas	Class A, B, C	Up to 1 year (Class A)	Up to $2,500	No
California	No formal class; offense-specific	Up to 1 year	Up to $1,000+	Yes (many offenses)
Colorado	Class 1, 2; petty offenses separate	Up to 364 days	Up to $1,000	Yes
Connecticut	Class A, B, C, D	Up to 1 year	Up to $2,000	Limited
Delaware	Class A, B	Up to 1 year	Up to $2,300	No
Florida	First- and Second-Degree	Up to 1 year (1st degree)	Up to $1,000	Yes (DUI, theft)
Georgia	Unclassified (general)	Up to 12 months	Up to $1,000	Yes (DUI)
Hawaii	Class A, B; petty misdemeanor	Up to 1 year	Up to $2,000	Limited
Idaho	General (unclassified)	Up to 1 year	Up to $1,000	Yes
Illinois	Class A, B, C	Up to 364 days	Up to $2,500	Limited
Indiana	Class A, B, C	Up to 1 year	Up to $5,000	No
Iowa	Simple and Serious	Up to 1 year (Serious)	Up to $1,875	Yes
Kansas	Class A, B, C	Up to 1 year	Up to $2,500	Yes
Kentucky	Class A, B	Up to 12 months	Up to $500	No
Louisiana	Unclassified (per statute)	Up to 6 months-1 year	Varies by offense	Yes
Maine	Class D, E	Up to 1 year	Up to $2,000	No
Maryland	Unclassified (per statute)	Typically ≤1 year	Varies	Yes
Massachusetts	Statutory (no classes)	Up to 2½ years in house of correction	Varies	Limited
Michigan	93-day and 1-year	Up to 1 year	Up to $1,000	Yes
Minnesota	Gross and Petty Misdemeanors	Up to 1 year (gross)	Up to $3,000	No
Mississippi	General	Up to 1 year	Up to $1,000	Limited
Missouri	Class A, B, C, D	Up to 1 year (Class A)	Up to $2,000	Yes
Montana	General	Up to 6 months	Up to $500	No
Nebraska	Class I-V	Up to 1 year (Class I)	Up to $1,000	Yes
Nevada	Unclassified	Up to 6 months	Up to $1,000	Yes (DUI, theft)
New Hampshire	Class A, B	Up to 1 year	Up to $2,000	No
New Jersey	Disorderly Persons / Petty Disorderly	Up to 6 months	Up to $1,000	Limited
New Mexico	Petty and Full Misdemeanors	Up to 1 year	Up to $1,000	Yes
New York	Class A, B	Up to 1 year (A)	Up to $1,000	Yes (wobblers by plea)
North Carolina	Class 1-3	Up to 120 days	Up to $1,000	Yes
North Dakota	Class A, B	Up to 360 days	Up to $3,000	Limited
Ohio	First-Fourth Degree, minor	Up to 180 days	Up to $1,000	Yes
Oklahoma	Unclassified	Up to 1 year	Varies	Yes
Oregon	Class A, B, C	Up to 364 days	Up to $6,250	Yes
Pennsylvania	First-Third Degree	Up to 5 years (1st degree)	Up to $10,000	Yes (graded offenses)
Rhode Island	General	Up to 1 year	Up to $1,000	Limited
South Carolina	General	Up to 3 years (certain courts)	Up to $1,000	Yes
South Dakota	Class 1, 2	Up to 1 year	Up to $2,000	Yes
Tennessee	Class A, B, C	Up to 11 months, 29 days	Up to $2,500	Yes
Texas	Class A, B, C	Up to 1 year (Class A)	Up to $4,000	Yes
Utah	Class A, B, C	Up to 1 year (Class A)	Up to $2,500	Yes
Vermont	General	Up to 1 year	Up to $1,000	Limited
Virginia	Class 1, 2	Up to 12 months	Up to $2,500	Yes
Washington	Gross and Simple	Up to 364 days (gross)	Up to $5,000	Yes
West Virginia	Unclassified	Up to 1 year	Up to $2,500	Yes
Wisconsin	Class A only	Up to 9 months	Up to $10,000	Limited
Wyoming	General	Up to 1 year	Up to $1,000	Yes

Misdemeanor vs. Felony vs. Infraction

Offenses are classified into infractions, misdemeanors, and felonies. Infractions are minor violations, typically punishable by fines only, with no jail time. Misdemeanors are more serious than infractions, carrying moderate penalties including fines, probation, community service, or up to one year in a local or county jail.

Felonies involve more serious crimes with potential imprisonment exceeding one year in state or federal prison and are often accompanied by lasting collateral consequences.

Borderline cases, such as theft, may shift classification based on monetary thresholds or aggravating factors. Additionally, prior convictions can elevate a misdemeanor to a felony under habitual offender or recidivist statutes, as seen in repeat DUI or theft offenses.

Consequences of a Misdemeanor Conviction

Misdemeanor sentences typically carry jail sentences of less than one year, served in a county or local jail facility. Depending on the offense, the court may also impose probation, community service, counseling, or license suspension, as alternatives to incarceration. Financial penalties typically include fines, court costs, restitution, and supervision fees.

Additionally, certain DUI offenses, such as driving with a blood alcohol concentration (BAC) above the legal limit or repeat DUI offenses, may result in a driver's license suspension or mandatory attendance of a treatment program.

Beyond sentencing, a misdemeanor record can significantly affect employment opportunities, as many employers conduct criminal history checks. It may also hinder access to housing, professional licensing, and educational programs. For non-citizens, certain misdemeanor convictions can trigger immigration consequences, including deportation or visa ineligibility.

Expungement and Record Sealing

Expungement and sealing provide legal pathways for individuals with misdemeanor records to restrict their criminal records from the public. Eligibility for sealing and expungement generally depends on:

• Completing all court-imposed sentences, probation, and restitution.

• Maintaining a clean record during the waiting period.

• Meeting state-specific criteria.

Expungement refers to the process of erasing or nullifying a criminal record. It wipes the record as though it never existed, allowing individuals to state they were not convicted in most situations. Sealing, on the other hand, only restricts the record from public access. While employers and landlords may not have access to sealed misdemeanor records, the courts and law enforcement agencies may still access sealed records.

Misdemeanor Expungement & Sealing by State

State	Misdemeanor Conviction Relief?*	Typical Wait (Approx)**	Key Notes (very high-level)
AL	Yes	3-5 yrs	Petition for many non-violent misdemeanors; excludes serious/violent/sex.
AK	Very limited	n/a	No broad conviction expungement; narrow set-aside/mistaken identity relief.
AZ	Yes (broad sealing)	2-5 yrs	Petition-based sealing for most misdemeanors (excluding serious ones).
AR	Yes	60 days-5 yrs	"Sealing" is available for many misdemeanors; some are excluded.
CA	Yes + auto Clean Slate	1-3+ yrs	Petition & significant automatic relief for many misdemeanors.
CO	Yes + partial auto	1-5 yrs	Broad sealing: Clean Slate-style automation for some records.
CT	Yes + auto Clean Slate	3-7 yrs	Automatic erasure for many misdemeanors; others by petition.
DE	Yes + some auto	3-5+ yrs	Mandatory/discretionary expungement for eligible misdemeanors.
FL	Limited	0-many yrs	One-time seal/expunge for limited eligible cases; many carveouts.
GA	Yes (record restriction)	2-4+ yrs	2020 reforms: seal many non-violent misdemeanors on petition.
HI	Limited	1-3+ yrs	Narrow expungement for specific misdemeanors/ deferred cases.
ID	Very limited	n/a	No general conviction expungement; some non-conviction relief only.
IL	Yes + Clean Slate (2025 law)	1-5+ yrs	Broad petition/automatic relief expanding for misdemeanors.
IN	Yes	5 yrs	Expungement ("second chance law") for most misdemeanors.
IA	Yes (narrow)	8 yrs	Single eligible misdemeanor path; strict criteria.
KS	Yes	3-5 yrs	Many misdemeanors are expungable; serious offenses are excluded.
KY	Yes	5 yrs	Misdemeanors are broadly eligible on petition; limits apply.
LA	Yes	5 yrs	Petition-based expungement for many misdemeanors; some bars.
ME	Very limited	n/a	No general adult conviction expungement; some specific relief only.
MD	Yes	3-10 yrs	"Shielding/expungement" for a long list of misdemeanors.
MA	Yes	3 yrs	CORI sealing for most misdemeanors on petition.
MI	Yes + auto Clean Slate	3-7 yrs	Automatic & petition-based set-aside for many misdemeanors.
MN	Yes + Clean Slate-style	2-4+ yrs	Broad sealing for eligible misdemeanors; automation expanding.
MS	Limited	5+ yrs	Restricted expungement for select misdemeanors.
MO	Yes	3 yrs	Many misdemeanors are eligible; there is a numeric cap on expungements.
MT	Limited	0-5+ yrs	Some misdemeanor expungement conditions and exclusions.
NE	Limited (set-aside)	Case-specific	Set-aside available; effect on public access narrower than sealing.
NV	Yes	1-7 yrs	Petition-based sealing for most misdemeanors.
NH	Yes	1-3+ yrs	Annulment is available for many misdemeanors.
NJ	Yes + Clean Slate	3-10 yrs	Petition & "clean slate" expungement for a series of offenses.
NM	Yes	2-4+ yrs	Many misdemeanors are sealable; serious offenses are excluded.
NY	Yes + Clean Slate (2023)	3 yrs	Automatic sealing for many misdemeanors; petition routes remain.
NC	Yes	5+ yrs	Expunction of certain misdemeanors; expanded relief in recent reforms.
ND	Yes	3-5 yrs	Petition-based; multiple exclusions.
OH	Yes	1-3+ yrs	Sealing for many misdemeanors; repeat/serious offenses are limited.
OK	Yes	1-5 yrs	Several expungement tracks for misdemeanors.
OR	Yes	1-5 yrs	Set-aside for many misdemeanors; marijuana-specific relief is broad.
PA	Yes + Clean Slate	10 yrs (auto), shorter by petition	Automatic sealing for many non-violent misdemeanors; petition options.
RI	Yes	5 yrs (often)	Limited-number expungement; waiting periods vary.
SC	Limited	3-5+ yrs	Only specific misdemeanors (e.g., first-offense, listed) are expungeable.
SD	Limited	1-5+ yrs	Some misdemeanor sealing/expungement paths; fairly narrow.
TN	Yes	5 yrs	Selected misdemeanors are eligible; fees & limits apply.
TX	Yes (orders of nondisclosure)	2-5+ yrs	Many misdemeanors can be sealed via nondisclosure; some are ineligible.
UT	Yes + Clean Slate	3-5 yrs	Automatic relief for many misdemeanors; petition for others.
VT	Yes	2-5 yrs	Sealing/expungement for many misdemeanors; exclusions apply.
VA	Yes + future auto	7+ yrs typical	The 2021 law (phased in) adds sealing for certain misdemeanors.
WA	Yes	3+ yrs	Vacatur & sealing of many misdemeanors possible.
WV	Yes	1-5 yrs	Certain misdemeanors are expungable, limited by number/type.
WI	Limited	At sentencing only	The court can "expunge" some misdemeanors if ordered at sentencing.
WY	Yes (recent expansions)	5+ yrs	Petition-based expungement for some misdemeanors.

Accessing Misdemeanor Records

Most misdemeanor records are considered public records once filed in court. These records are accessible through courthouse databases, clerk offices, or official judicial websites, depending on state regulations.

However, sealed, expunged, juvenile, or dismissed cases are generally not open to the public. These records may be removed or restricted to protect sensitive information, such as victims' details, diversion program outcomes, and mental health-related information. The courts may also redact or withhold certain personal identifiers to safeguard privacy.

How to Find Misdemeanor Records Online

Online searches typically begin with state or county court portals, which allow case lookups by name, case number, or filing date. Some sites provide free docket and judgment summaries, while others charge for full document access. Additionally, state criminal history repositories may list misdemeanor records.

Third-party criminal history check services aggregate data from various public records databases to provide a repository of misdemeanor records across multiple jurisdictions. While these services offer convenience, users should verify the accuracy of information obtained on the platform with official court sources to avoid outdated or incomplete information.

Offline Record Access

For certified or official copies, individuals can visit the local clerk of court, county recorder, or state archives. Identification, a case number, and payment of nominal fees are typically required to retrieve the record. Some jurisdictions permit requests to be submitted by mail or through designated drop-box submissions.

Frequently Asked Questions (FAQs)

Here are answers to questions typically asked about misdemeanors.