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Misdemeanor Laws

What is a misdemeanor?

Misdemeanors are classified as a lesser crime that is punishable by a fine and or county jail time up to one year. The most common types of misdemeanors include: petty theft, simple assault and battery, disturbing the peace, drunkenness in public, various traffic violations, and public nuisances. Listed below are some top questions answered by Experts on issues that relate to misdemeanors.

How does a misdemeanor resisting arrest conviction likely to affect someone's effort to get a job?

According to the Experts, as long as an individual is not applying for a job in a high security industry, where a security clearance is necessary, then it should not likely impede the job search. If a potential employer asks about any criminal convictions, they should be fully disclosed along with an explanation of the circumstances surrounding it.

Depending on what state an individual was convicted of the misdemeanor charge, an individual can file a motion to set aside the conviction. Typically this does not occur until 3 years after the conviction. This essentially sets aside the conviction/arrest and the individual is deemed not to have previously convicted/arrested. It additionally seals the record and an individual can legally state that they have never been convicted of the crime.

Can an individual be hired as a nurse with a misdemeanor theft charge on their record?

Being hired as a nurse with a misdemeanor theft charge will solely depend on the employer. It is not likely that an individual would be hired with that charge on their record for a nursing position. Theft charges make it difficult to get hired in many occupations.

Can you have a misdemeanor charge expunged?

Case Details: The individual pled nolo contendere to a misdemeanor charge in Virginia. The charge was eventually dismissed following completion of a suspended license. The person otherwise has a clean record.

Under Virginia law if the charge was indeed dismissed then it can be expunged. The individual with the charge would need to submit the proper forms that can be obtained from the county clerk. Once the charge has been expunged, the individual does not have to disclose that the incident ever happened.

In the case of a misdemeanor that occurred 9 years ago, does a reporting agency have the right to report it to a potential employer?

An agency can report a criminal conviction indefinitely until it is either sealed or expunged from an individual’s record. There is no time limit that would allow any criminal conviction to just drop off an individual’s record. Therefore there is no statute of limitations on reporting them either. The 7 or 10 year rule only applies to credit reports and negative credit information.

Having the right information and understanding of misdemeanors can help when dealing with all types of misdemeanor charges. Experts can help answer how to get a misdemeanor charge expunged or how to file for motion to set aside the misdemeanor charge. Get the answers fast and affordably by asking an Expert online.

Ask a Criminal Lawyer

Ely
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Recent Misdemeanors Questions

  • Convicted of a misdemeanor (bank fraud) in 1983, in NY. I've had a NY Pistol Carry P

    Convicted of a misdemeanor (bank fraud) in 1983, in NY.
    I've had a NY Pistol Carry Permit for over 45 years. (Before my incident, and ever since.) It has been renewed by the NY Police several times since the conviction.
    I now live in Texas. I went to buy a new handgun and the NICS system declined me because of the law that went into effect sometime around 1997.
    How do I get my firearms rights reestablished?
  • hello, I was given a citation for a misdemeanor for a pet problem.

    hello, I was given a citation for a misdemeanor for a pet problem. Because it is a criminal misdemeanor I hired an attorney. After going through arraignment process the citation is being dismissed. My attorney's argument at the pretrial discussion with the prosecutor is the statue does not allow for a misdemeanor. Now after several weeks and several half days off from work and a large attorney fee, it is dismissed. Do I have any recourse?
  • My son just turned 18 about 2 weeks ago and they arrested him

    My son just turned 18 about 2 weeks ago and they arrested him for 311.10 and 311.11, what are his options?
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