Misdemeanors are less serious than felonies but can still have damaging penalties. Only the US still uses the designation. Petty crimes vary by jurisdiction and can result in fines, community service, and imprisonment. Convictions can limit job and housing options and military enlistment. Some states allow for expungement of certain misdemeanors from criminal records.
In common law systems, misdemeanors are a class of legal infractions that are more serious than civil misdemeanors, but less serious than misdemeanors. Most common law jurisdictions that have recognized classifications of misdemeanors and crimes in the past have abolished these distinctions; such as Australia, Canada, the Republic of Ireland and the United Kingdom. The United States is the only country that still uses the misdemeanor designation.
The description and penalties for petty crimes vary depending on whether or not the crime is committed under federal or state jurisdiction. Additionally, each individual state’s statutes describe the nature and penalties of petty crimes in their region. In most areas, however, minor offenses are punishable by loss of privileges, community services, fines, and/or up to one year’s imprisonment in a county or city facility.
Misdemeanors are lesser offenses than felonies, however the penalties can be very damaging, depending on the nature of the charge. For example, a person who has been convicted of driving under the influence of drugs or alcohol will not only lose his or her driving privileges for a period of time, but may also be banned from certain jobs, such as driving a school bus or taxi. If the offense is sexual in nature, he may be required to register as a sex offender and be limited not only in his job options but also in his housing choices.
Persons accused of petty crimes do not always enjoy the same legal protections afforded to persons accused of crimes. Some charges are tried in an alternative court, such as the traffic court, and punishments can be determined by a set schedule. If the charge is a minor traffic offense, the defendant may not be allowed a jury trial or may be required to pay a fee if he requests a jury. Also, the jury in a misdemeanor trial usually has six members instead of twelve. If the possible penalties do not include jail time, the defendant may also be denied the right to have a lawyer.
A person convicted of a misdemeanor may face additional hurdles if he wishes to enlist in a branch of the military. In any case, before being accepted, a derogation must be obtained. Most branches allow the local recruiting area commander to waive a limited number of specified offenses. In other cases, the waiver must come from someone further up the chain of command.
Many states also have a provision that allows a person to have certain felony convictions expunged or expunged from their records. Most states that have this statutory provision limit enforcement to only certain misdemeanors and require that all fines, community services, restitution, and other court-ordered consequences be completed. The applicant is generally required to have passed a certain amount of time without further charges or infractions of the law. Having a conviction expunged from the criminal record is very helpful, and anyone in this situation could benefit from becoming familiar with the laws in their jurisdiction to see if this option is available.
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