What Classifies a Misdemeanor and How It Can Impact Your Future
The three basic classifications of criminal offenses are infractions, misdemeanors,
and felonies. Infractions are petty offenses that can potentially lead
to fines, but no jail time. While a misdemeanor is considered a crime,
it is considered less serious than a felony.
Some of the most common misdemeanors in Texas include:
Derek A. Adame, Attorney at Law is a trusted, hardworking criminal defense
lawyer who can provide legal support for those who are facing these charges and
more. If you are seeking legal defense, give us a call at {F:P:Sub:Phone} or
contact us online for the help you need.
Misdemeanors carry a penalty of up to three months in jail and fines of
up to $1000, but most misdemeanor crimes are punishable through probation,
rehabilitation classes, fines, and community service. If you are a first-time
offender, it is more likely that your punishment will be less severe.
For many people who are charged with a misdemeanor, the main concern is
not the actual punishment for the crime, but the other consequences that
can come from it.
For example, if you are interested in joining the military, and you accrue
multiple misdemeanors, you might need to apply for a waiver. An applicant
for enlistment in the U.S. Army who has received multiple civil convictions
or other adverse dispositions for a misdemeanor typically requires a waiver,
which must be approved by the recruiting battalion commander, acting commander,
or executive officer. If you have been charged with a felony, you can
submit a waiver as well, but it is less likely that you will be approved.
Some domestic violence misdemeanors and drug convictions can also prevent
you from purchasing a firearm. When you fill out your application to purchase
a firearm, in a form that is called the
4473, one of the questions asks if you use or are addicted to “marijuana or any other depressant, stimulant, narcotic drug, or any other controlled
substance.” You could answer no to this question with a misdemeanor
drug charge. However, the conviction would still appear to the FBI during
a background check for the Bureau of Alcohol, Tobacco, Firearms and Explosives.
At that point, it would be the reviewer’s decision to determine
whether or not the conviction points to addiction.
Will You Pass a Background Check with a Misdemeanor?
About the 7-Year Rule in Texas
Those with criminal convictions can find some relief in knowing that Texas
employs a 7-year rule. The 7-year rule is a
federal law from the Fair Credit Reporting Act that controls the way background checks
are used for hiring purposes. The 7-year rule allows employers the security
they want in the hiring process, while giving those who have made mistakes
in the past the second chance they deserve.
The limits of this rule are cut-and-dry when it comes to credit reporting
agencies. These agencies can only acquire information seven years into
the individual’s past. Therefore, the agencies most employers use
are limited by the 7-year rule as well. There are exceptions to this standard,
however. For example, insurance companies and jobs that have a yearly
salary of $75,000 or more are allowed to check the applicant’s background
as far back as age 18, which could have been longer than 7 years ago.
Employers for state and local government jobs can look as far back as
the applicant’s 18th birthday as well.
If the misdemeanor occurred in the last seven years, it is likely that
the conviction will come up during a background check, but this does not
necessarily mean your potential employer will rule you out. Whether or
not they choose to move forward with your employment will depend on their
own hiring process as well as the particular type of job. For example,
fields like law enforcement, caregiving, and education require more disclosure
when it comes to these matters. Generally, a misdemeanor conviction is
easier to look past than a felony conviction, even in these fields.
If you are worried about a misdemeanor appearing on your background check,
it is wise to be honest about the conviction and the situation in which
it happened. It is possible to put a positive spin on the conviction,
ensuring your future employer that you learned a lesson from the instance.
There is also some hope that you will be able to have the misdemeanor
expunged in the future. If you were convicted with a serious misdemeanor,
you must wait two years before applying for an order of non-disclosure.
On the bright side, many misdemeanors are eligible for record sealing
immediately. This involves petitioning the court for expunction as provided
for in Section 55 of
Texas Law on Criminal Procedure, and it helps to have the knowledge and guidance of a criminal defense
lawyer like Derek A. Adame on your side while you start the next chapter
of your life.
Whether you are facing misdemeanor charges or want to learn more about
how a misdemeanor charge can affect your life, Derek A. Adame, Attorney
at Law is here to provide the legal guidance you need. Give us a call
at {F:P:Sub:Phone} or
contact us online to access our trusted criminal defense services today.