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How does a misdemeanor affect my criminal record?

Question Details:I was a passenger given a citation for an open container in a vehicle. It was charged as a misdemeanor and we went to court, pleaded guilty and paid the fine. On future job or visa applications asking "have you ever committed a crime or offense". Should I answer yes? Secondly, will it show up as on a national background check or criminal record of some sort? I wasn't fingerprinted if that helps at all. Third, could this potentially lead to delays in visa applications and processing?

Asked 2 years ago under DUI / DWI | 2484 Views | More Legal Topics

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M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

Since this was a criminal offense, a misdemeanor, you must disclose it if asked about it on future applications - job, visa, etc.  It is part of your criminal record and will turn up in a background check.  As to how it will affect a visa application I cannot say.  However, what I can tell you is that there is a process known as "expungement", that is a clearing of your record.  A charge such as this should be something that you can get expunged or sealed. I believe that in order to do this in your state you must be a first-time offender.  At any rate, here is a link to a site that will explain the process in Illinois:  http://www.state.il.us/defender/expforms/08instguide.pdf

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