If you’ve been charged with or convicted of a misdemeanor in Massachusetts, one of the first questions you’re probably asking is whether it will follow you forever. The short answer is: not necessarily, but it doesn’t disappear on its own.
What you do right now matters enormously, and retaining an experienced Massachusetts criminal defense lawyer as early as possible can make the difference between a conviction that haunts you for years and a resolution that lets you move forward with your life. Here’s what you need to know.
Will I Have a Clerk Magistrate Hearing for My Misdemeanor Charge?
You might, and if you do, it is one of the most important opportunities in your entire case. A clerk magistrate hearing, sometimes called a show cause hearing, is a proceeding that takes place before a clerk magistrate in the District Court prior to any formal criminal complaint being issued. At this hearing, the clerk reviews whether probable cause exists to bring a charge against you. If probable cause is not found, no complaint issues, meaning no criminal charge appears on your record at all.
Even when probable cause is found, a skilled attorney may be able to present mitigating information, demonstrate that the matter can be resolved without formal charges, or negotiate an outcome that results in the complaint being held open and ultimately dismissed. The clerk magistrate hearing is, in many ways, your first and best opportunity to stop a criminal record before it starts.
Clerk magistrate hearings are most commonly available for misdemeanors that were initiated by a citizen complaint or a police report rather than an on-scene arrest. Common examples include minor motor vehicle offenses, simple assault, threats, and certain property crimes where the accused was not taken into custody at the time of the incident.
However, a clerk magistrate hearing does not apply in every situation. If you were arrested and arraigned directly, meaning you were taken into custody and brought before a judge, the criminal complaint has already been issued and the clerk hearing stage has passed. Clerk hearings also do not apply to felony charges, which proceed through a different process entirely. In some District Courts, the availability and practice surrounding clerk hearings can vary, which is another reason having a local Massachusetts defense attorney in your corner matters so much.
If you receive a notice to appear for a clerk magistrate hearing, do not treat it as a formality. Show up prepared, with legal counsel, and treat it with the same seriousness you would a trial. The outcome of that hearing can determine whether you ever have a criminal record in the first place.
A misdemeanor conviction becomes part of your criminal record the moment it is entered. In Massachusetts, that record is accessible to courts, law enforcement, and in many cases, the public. It does not automatically expire after a set period of time.
However, Massachusetts law does provide a path to sealing misdemeanor records. Under M.G.L. c. 276, § 100A, you may be eligible to seal a misdemeanor conviction after a three-year waiting period from the date of your conviction or release from incarceration, whichever is later. Once sealed, the record is no longer visible to most employers, landlords, or members of the public, though it remains accessible to law enforcement and certain licensing agencies.
It’s also worth noting the difference between a charge and a conviction. If your misdemeanor charge was dismissed, continued without a finding (CWOF) and successfully closed out, or resulted in a not guilty verdict, you may be eligible to seal that record immediately, with no waiting period required.
The best outcome, of course, is avoiding a conviction in the first place. An experienced criminal defense attorney can often negotiate a dismissal, a CWOF, or a reduced charge, which dramatically improves your ability to move on with a clean record.
For a free legal consultation, call (781) 740-0800
Will a Misdemeanor Affect Employment?
Yes, it can, and this is one of the most practical concerns people face after a misdemeanor charge or conviction.
Massachusetts is a “ban the box” state, which means most employers cannot ask about your criminal history on an initial job application. However, once you reach the interview stage or receive a conditional offer, many employers are permitted to run a background check and factor your record into their hiring decision.
The impact depends heavily on the nature of the misdemeanor, the type of job you’re applying for, and the employer’s policies. A conviction for a misdemeanor theft offense, for example, could be disqualifying for a position that involves handling money or working with vulnerable populations. Other roles may be far less affected.
Certain licensed professions including law, medicine, nursing, teaching, and financial services require disclosure of criminal history to licensing boards, and a misdemeanor conviction can complicate or delay the licensing process.
That said, a sealed misdemeanor record generally does not need to be disclosed to most private employers, and in Massachusetts you may legally answer “no” to questions about prior criminal history once a record has been sealed. This makes sealing a critically important tool for protecting your livelihood.
If you’re currently facing a misdemeanor charge, protecting your employment future is one more reason to fight the case aggressively from the start.
Will I Go to Jail for a First-Time Misdemeanor?
Jail is possible for a misdemeanor, but for first-time offenders in Massachusetts, it is far from guaranteed and often avoidable with the right legal representation.
In Massachusetts, misdemeanors are punishable by up to 2.5 years in a county house of correction, as opposed to state prison, which is reserved for felonies. Sentencing is highly dependent on the specific charge, the facts of the case, and your personal history.
For first-time offenders, judges and prosecutors generally have significant discretion, and there are several alternatives to incarceration that are commonly used, including probation, community service, fines, alcohol or drug education programs, and continued without a finding (CWOF) dispositions. A CWOF in particular can be an excellent outcome. It is not a conviction, and if you complete the terms of your probation successfully, the case is dismissed.
Certain misdemeanors do carry a higher risk of jail time even for first offenders. OUI/DUI, domestic assault and battery, and violations of restraining orders are taken seriously by Massachusetts courts. But even in these cases, a skilled defense attorney can often negotiate alternatives.
The single most important factor in whether you face jail time is having strong legal representation early in your case. The earlier you involve a criminal defense attorney, the more options are available to you.
If you’ve been charged with a misdemeanor in Massachusetts, don’t wait to get help. Submit an online form on our website or call our office today for a confidential consultation.
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