What Is a Misdemeanor? Penalties, Records, and Your Rights

A misdemeanor is a criminal offense punishable by up to one year in a local or county jail. It sits below a felony in severity and above an infraction like a traffic ticket, and a conviction creates a criminal record that can follow you through job applications, housing searches, licensing decisions, and border crossings long after you finish the sentence.

Where Misdemeanors Fit Between Felonies and Infractions

Criminal offenses in the United States run along a spectrum of severity, and where a charge lands on that spectrum decides where you serve time and how long the consequences last.

A felony is the most serious category. Sentences run longer than one year and are served in state or federal prison. Felony convictions trigger severe collateral consequences, including loss of voting rights in many states, a permanent federal ban on firearm possession, and lasting difficulty finding work.

A misdemeanor sits in the middle. The maximum jail sentence is one year, served in a county or local facility rather than a prison. The consequences are meaningful but more contained. You keep most civil rights, and the conviction may eventually be eligible for expungement.

An infraction is the least serious category. These are typically non-criminal violations like speeding or littering, punishable by a fine alone. In most jurisdictions an infraction does not create a criminal record and does not need to be disclosed on job or school applications.

Federal law draws the lines by the maximum authorized term of imprisonment. Under 18 U.S.C. 3559, an offense carrying a maximum of one year or less but more than six months is a Class A misdemeanor. Six months or less but more than 30 days is Class B. Thirty days or less but more than five days is Class C. Five days or less, or no imprisonment at all, is an infraction.¹

Classes and Degrees of Misdemeanors

Most jurisdictions sort misdemeanors into tiers so punishment can be scaled to the seriousness of the offense. The common approach uses letter grades: Class A (most serious), Class B, and Class C. Some states use numeric levels. A few use descriptive labels like “gross misdemeanor” or “petty misdemeanor.”

The federal system shows how these tiers translate into actual penalties:

Class A misdemeanor: maximum sentence of more than six months but not more than one year in jail, with an individual fine of up to $100,000.¹²
Class B misdemeanor: maximum sentence of more than 30 days but not more than six months, with a fine up to $5,000.¹²
Class C misdemeanor: maximum sentence of more than five days but not more than 30 days, with a fine up to $5,000.¹²

A “gross misdemeanor” in some states functions much like a Class A offense, with up to one year in jail and higher fines than a standard misdemeanor. A “petty misdemeanor” may not be classified as a crime at all and may carry only a small fine with no possibility of jail. State labels and ranges vary widely, so the exact tier depends on where you are.

Offenses Typically Charged as Misdemeanors

Specific offenses classified as misdemeanors vary by jurisdiction, but certain charges appear with regularity. Simple assault, meaning creating a reasonable fear of harm or making minor physical contact without a weapon, is one of the most frequently prosecuted. First-offense DUI, where a driver operates a vehicle while impaired by alcohol or drugs, lands here in most states. Petty theft, meaning taking property valued below a statutory threshold, is another staple.

Other common charges include disorderly conduct, trespassing, vandalism, public intoxication, and possession of small amounts of certain controlled substances. Many of these offenses sit at the boundary between criminal and non-criminal behavior, which is exactly why they end up classified as misdemeanors rather than felonies. The stakes are lower than armed robbery or arson. They are still criminal charges with real consequences.

Penalties for a Misdemeanor Conviction

Sentencing combines several possible components, and judges have wide discretion in assembling the right mix for a given case.

Jail time is capped at one year, served in a county or local facility rather than a state prison. Many misdemeanor sentences involve far less than the maximum. A first-offense DUI might carry a few days. A serious assault conviction could bring several months. Some states impose mandatory minimums for specific offenses, which removes judicial discretion on whether to impose jail time at all.

Fines vary enormously. Under federal law a Class A misdemeanor can carry a fine of up to $100,000 for an individual, while Class B and C misdemeanors cap at $5,000.² State fine maximums for top-tier misdemeanors typically range from around $1,000 up to $25,000, with lower-level offenses capped well below that. Court costs, surcharges, and supervision fees frequently push the total higher than the posted fine alone.

Probation is a common alternative to active jail time. You remain in the community but must comply with conditions set by the judge, such as checking in with a probation officer, maintaining employment, and avoiding new arrests. Violating those conditions can send you back before the judge for resentencing, potentially including the jail time that was originally suspended.

Community service requires unpaid work for government agencies or nonprofits and often accompanies probation. Restitution compensates the victim directly. A judge can order you to reimburse measurable losses like medical bills, property damage, and lost wages as a condition of your sentence. In the federal system, compliance with a restitution order automatically becomes a condition of probation or supervised release, and the order remains enforceable for 20 years from the date the judgment is filed.³

Your Right to a Lawyer

If you are charged with a misdemeanor and face possible jail time, you have a constitutional right to an attorney. If you cannot afford one, the court must appoint one. The Supreme Court established this rule in Argersinger v. Hamlin, holding that no person may be imprisoned for any offense unless represented by counsel or unless they knowingly waive that right.⁴

There is a practical limit. The Court later clarified in Scott v. Illinois that this right attaches only when jail time is actually imposed, not merely authorized by statute. A court handling a minor misdemeanor where no one is going to jail may proceed without appointing a public defender. Any case where incarceration is a real possibility triggers the full right to representation.

Appointed counsel is typically free, though some jurisdictions charge a modest administrative fee based on ability to pay. If you can afford a private attorney, you always have the right to hire one regardless of the charge level.

How a Misdemeanor Shows Up on Your Record

A misdemeanor conviction creates a criminal record. This is the fact people most consistently underestimate. Unlike infractions, which generally stay off your record, a misdemeanor will appear on background checks run by employers, landlords, licensing boards, and government agencies.

That record does not expire on its own in most states. Unless you take affirmative steps to have it sealed or expunged, the conviction can surface for decades. Arrest records also persist even if the charges were dropped or you were acquitted, though some jurisdictions automatically seal non-conviction records after a waiting period.

Employment, Housing, and Licensing

A misdemeanor on your record complicates job searches, but federal law limits how employers can use it. The Equal Employment Opportunity Commission has said that blanket criminal-record exclusions may violate Title VII of the Civil Rights Act if they disproportionately affect a protected group. Before rejecting an applicant over a conviction, employers are directed to weigh the nature and seriousness of the offense, the time that has passed, and the nature of the job, and to give the applicant a chance to explain the circumstances.⁵

Housing works similarly. HUD guidance under the Fair Housing Act discourages landlords from using blanket criminal-record bans and calls for an individualized assessment of the nature, severity, and recency of the offense. Policies that exclude applicants based on arrests alone, without a conviction, do not satisfy fair housing standards.⁶

Professional licensing boards in fields like healthcare, education, and finance routinely ask about criminal convictions. A misdemeanor will not automatically disqualify you from most licenses, but offenses involving fraud, drugs, or minors can trigger suspension, denial, or additional review. If you hold a commercial driver’s license, the consequences are concrete: a first DUI conviction while operating a commercial vehicle results in a one-year CDL disqualification, and a second conviction means lifetime disqualification.⁷

Firearm Restrictions

Most misdemeanor convictions do not affect your right to own firearms. There is one major exception. Under federal law, anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition.⁸ The ban applies regardless of how the state classified the offense. If the underlying conduct involved the use of force against a spouse, former spouse, co-parent, or cohabitant, the federal prohibition applies. There is no expiration date and no exception for hunting or sporting use.

The practical reach of this provision catches people off guard. A simple assault conviction stemming from a domestic dispute, even one that resulted in no jail time, can permanently strip your firearm rights under federal law.

Immigration and Border Travel

For non-citizens, a misdemeanor conviction can carry immigration consequences far more severe than the criminal sentence itself. A conviction for a “crime involving moral turpitude” can make a non-citizen deportable or inadmissible. The concept is broad and generally covers offenses involving fraud, theft, or intentional harm. Simple assault typically does not qualify. Shoplifting, forgery, and domestic abuse often do.⁹

A narrow “petty offense exception” may apply if the misdemeanor is the only conviction involving moral turpitude on your record, the maximum possible sentence did not exceed one year, and the sentence actually imposed was six months or less.⁹

International travel is also affected. Canada treats a DUI conviction as grounds for criminal inadmissibility, so a U.S. citizen with a DUI can be turned away at the Canadian border. Options exist for overcoming inadmissibility: deemed rehabilitation if enough time has passed since completion of sentence, a formal application for individual rehabilitation after at least five years, or a temporary resident permit for urgent travel. All of these require advance planning rather than a conversation at the border crossing.¹⁰

Voting and Jury Service

Unlike a felony, a misdemeanor generally does not cost you the right to vote. The vast majority of states allow you to vote even while serving a misdemeanor sentence. A small number of states suspend voting rights during actual incarceration for any criminal conviction, and a few target election-related misdemeanors specifically, but these are the exception.¹¹

Federal jury eligibility is similarly unaffected. The disqualification criteria for federal juries focus on felonies: you are disqualified if you are currently facing felony charges or have a prior felony conviction with civil rights that have not been restored. A misdemeanor conviction of any type does not disqualify you.¹²

Statute of Limitations

Prosecutors cannot wait forever. Every offense has a statute of limitations, a deadline after which prosecution is barred. For federal offenses, including misdemeanors, the general limit is five years from the date the offense was committed.¹³

State deadlines are typically shorter. Most states set the misdemeanor statute of limitations between one and three years, though a handful allow five years or longer for certain offenses. Once the deadline passes, the government loses the power to prosecute. The clock can be paused in some circumstances, such as when the defendant leaves the state, so the calendar alone does not always tell the full story.

Clearing a Misdemeanor From Your Record

Many states let you petition a court to expunge or seal a misdemeanor conviction after a waiting period. Expungement effectively erases the conviction from your public record. Sealing keeps the record intact but restricts who can access it. Either path aims to remove the conviction from standard background checks so it no longer interferes with employment, housing, or licensing.

Eligibility varies by state but generally requires completion of your full sentence including probation, no pending criminal charges, and a waiting period of one to five years from the date you finished your sentence. A growing number of states have adopted “clean slate” laws that automatically seal eligible misdemeanor records after a waiting period, removing the need to file a petition.

Certain offenses are commonly excluded. Sex offenses, domestic violence convictions, DUI, crimes against children, and weapons offenses are frequently ineligible or subject to longer waiting periods. Filing fees for expungement petitions typically range from nothing to around $600, and some states waive fees for people who cannot afford them.

If you are currently facing charges rather than looking back at an old conviction, ask about pretrial diversion. Many jurisdictions offer these programs to first-time offenders. You complete conditions like community service or counseling, and if you finish successfully the charges are dismissed. Avoiding a conviction record in the first place is far simpler than trying to erase one later.

1
Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses
2
Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
3
U.S. Department of Justice. Restitution Process
4
Justia. Argersinger v. Hamlin, 407 US 25 (1972)
5
U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions
6
U.S. Department of Housing and Urban Development. Implementation of OGC Guidance on Application of FHA Standards to the Use of Criminal Records
7
eCFR. 49 CFR Part 383 Subpart D – Driver Disqualifications and Penalties
8
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
9
U.S. Citizenship and Immigration Services. Policy Manual Volume 12 Part F Chapter 5 – Conditional Bars for Acts in Statutory Period
10
Immigration, Refugees and Citizenship Canada. Overcome Criminal Convictions
11
U.S. Department of Justice. Voting Rights Restoration Processes in Each State
12
United States Courts. Juror Qualifications, Exemptions, and Excuses
13
Office of the Law Revision Counsel. 18 USC 3282 – Offenses Not Capital