I have my first arraignment court date on Monday for a Class B Misdemeanor and am applying for a townhouse tomorrow. The landlord will be checking for a criminal background, but not sure if its only for Felonys, or for both. Is this already on my record even before I have had my first court date? Should I be prepared for denial? Please advise.
Probably not, but it depends on how thorough a search he/she does or where he/she gets the information from. You may want to check the law on whether a landlord can even deny you housing because of a pending charge you have not been convicted of.
Generally, yes. Your arrest and/or booking on a class B misdemeanor is a matter of public record. The clerk's office will disclose the fact that you have a pending charge for a class B misdemeanor even before your first court setting. The charge will remain public knowledge until your case is over and, even then, you will have to take additional steps to erase it. The particular steps you will need to take will depend on how your case is resolved.
Note that if you end up being convicted of this crime then you will never be able to remove the information from public domain.
Please seek the help of a skilled and experienced criminal defense attorney.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline