How Long Does A Misdemeanor Stay On Your Record?

A misdemeanor can feel minor at the time, but it does not quietly go away. Like every Minnesota criminal record, it stays on file until a court seals it, and it can show up when you apply for a job, an apartment, or a professional license. This guide explains how long a misdemeanor stays on your record, the waiting periods for each level, and how the Clean Slate Act changed things.

Does a misdemeanor ever clear from your record automatically?

Not by the passage of time alone. A misdemeanor stays on your Minnesota record permanently unless it is sealed. The Clean Slate Act now seals many qualifying records automatically once the waiting period passes, but that is a legal process, not an automatic expiration.

Under Minn. Stat. § 609A.01, expungement means a record is sealed, not destroyed. The case still exists in court and BCA systems; sealing simply hides it from public background checks. For the distinction, see our guide on expungement versus sealing.

How long does a misdemeanor stay on your record in Minnesota?

Forever, until it is sealed. There is no rule that a misdemeanor drops off after five or seven years. It remains part of your criminal history and can appear on background checks indefinitely, which is why many people pursue expungement once they become eligible.

Minnesota recognizes three non-felony levels, and each carries a different waiting period before sealing. The table below shows how they compare.

Offense level	Typical maximum penalty	How long it stays on record	Waiting period to seal
Petty misdemeanor	Fine only, no jail (not a “crime”)	Permanently, until sealed	2 years after discharge
Misdemeanor	Up to 90 days jail / $1,000 fine	Permanently, until sealed	2 years after discharge
Gross misdemeanor	Up to 364 days jail / $3,000 fine	Permanently, until sealed	3 years after discharge
Dismissed / resolved in your favor	No conviction	Permanently, until sealed	Automatic, no wait

The waiting period runs from the date you are discharged from your sentence, which in most cases is the day you complete probation. For a deeper look at how that date is calculated, see our explainer on the Minnesota expungement waiting period, and our overview of the gross misdemeanor in Minnesota.

Do dismissed misdemeanors still show up?

They can, until the record is sealed. A dismissal, acquittal, or case resolved in your favor does not erase the arrest and charge from your history on its own. The good news is that the Clean Slate Act now seals these non-conviction records automatically, with no waiting period.

There can still be a lag before the BCA completes the sealing, so a dismissed misdemeanor may surface in the meantime. We explain why in why dismissed charges still show up on background checks.

Can a misdemeanor hurt a job or housing application?

Yes. Until it is sealed, a misdemeanor can appear on employment, rental, and licensing background checks, and it may factor into hiring or housing decisions. Most misdemeanor and gross misdemeanor convictions are eligible for expungement, which is why sealing is worthwhile even for an “old” case.

Federal guidance from the U.S. Equal Employment Opportunity Commission addresses how employers may consider arrest and conviction records in hiring, but the most reliable protection is removing the record from public view. Our expungement attorneys can confirm your eligibility.

How do I get a misdemeanor expunged in Minnesota?

Once you meet the waiting period, a qualifying misdemeanor can be sealed either automatically under the Clean Slate Act or through a petition you file in the county where the case occurred. A petition can also speed things up if you do not want to wait for automatic processing.

Even DWI and other specific misdemeanors may be eligible in the right circumstances. See, for example, our guide on whether you can get a DWI expunged, and our broader Minnesota expungement overview.

FAQs

Does a misdemeanor stay on your record forever in Minnesota?

It can. A misdemeanor remains on your record indefinitely unless it is sealed through expungement. There is no automatic expiration date, so the only way to remove it from public background checks is to have it sealed.

How long after a misdemeanor can I get it expunged?

Generally 2 crime-free years after you are discharged from your sentence for a petty misdemeanor or misdemeanor, and 3 years for a gross misdemeanor. The clock usually starts when you complete probation.

Do dismissed misdemeanors show up on background checks?

They can, until the record is sealed. A dismissal does not erase the file by itself. Under the Clean Slate Act, dismissed misdemeanors are now sealed automatically, though there may be a delay before the sealing is finished.

Will a misdemeanor affect getting a job?

It can, because an unsealed misdemeanor may appear on employment background checks. Most misdemeanors are eligible for expungement, and sealing the record is the most reliable way to keep it from affecting hiring decisions.

Does the Clean Slate Act seal misdemeanors automatically?

Yes, for most qualifying records once the waiting period passes. Some offenses are excluded, so an attorney can confirm whether your specific misdemeanor will be sealed automatically or needs a petition.

Related reading: how long drug charges stay on your record and how long a felony stays on your record.