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2 Bumps

Is this a misdemeanor or a felony?

About 4 years ago, my cousin was real stupid and yelled and cussed at a judge while in traffic court, so the judge sentenced him to 3 days in jail. Now, he just graduated college and is looking for a job and I know employers pull background checks. Do you think his 3 day jail time will show as a misdemeanor or a felony? I know sometimes if you pull your own background check from the state it won't show, but employers will pull it from another source and stuff will show on it.

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Asked by ABPeterson at 6:48 AM on Jul. 1, 2011 in Money & Work

Level 17 (4,580 Credits)
Answers (4)
  • firstly its a misdemeanor, and if he was a juvenile when he committed the offense the record will be sealed and it will not come up on a background check

    Answer by MonkeyMommyNJ at 6:52 AM on Jul. 1, 2011

  • The charge was contempt of court and is a misdemeanor. Contempt of court charges are a strange creature. With regular charges you get arraigned, enter a plea, have your day in court. When you are in court and catch a contempt charge, you automatically go to jail for up to 3 days, the time is set by the judge and you arent tried by a jury of your peers. The way that the charge appears on a criminal record varies by jurisdiction. Get online and look up the docket from the traffic ticket as it may appear within that case. Otherwise, just check the online docket for that county and you should be able to find it. Email me if you want, I bet I could find the dockets online for you. [I work in the legal field.]

    Answer by AngelicaDem at 8:18 AM on Jul. 1, 2011

  • Misdemeanor.

    Answer by Mom-2-3-Girlz at 8:53 AM on Jul. 1, 2011

  • This is a petty M in my state. Depending on the state, his Juve record can absolutely still be open. There are very few states in the US who still automatically seal a record @ the age of majority (18 or 21 depending on the state), and he may have to petition for expungement in a state court.
    Fact is, even if it doesn't show up on the background check, he can be terminated for perjury if it ever comes out and he didn't disclose it on his application. The exact wording of his application is key. Some will ask about felony-level cases only. So he can say NO to that. If they ask about misdemeanors, he'd need to say yes, but would be given the opportunity to explain. Typically jobs apps will state not to list offenses before age 16, that has been expunged, sealed, etc.
    Also, depending on the level of background check, they can see just about anything. Nothing (even expunged records) ever permanently erased. Hope this helps a bit.

    Answer by bbreitha at 12:44 PM on Jul. 2, 2011

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