A misdemeanor is a criminal offense generally considered less serious than a felony, typically punishable by incarceration of no more than one year, often served in a county jail, along with fines, probation, or community service. Common examples include simple assault, shoplifting, or driving under the influence (DUI). Most employers conduct background checks that reveal these records. However, the ultimate impact on a hiring decision depends heavily on the nature of the offense and the specific job requirements.
How Background Checks Function
Most employers use professional consumer reporting agencies to conduct pre-employment background screening, routinely searching for both misdemeanor and felony records. The scope of a criminal background check generally includes searching databases at the county, state, and sometimes federal levels. Since misdemeanor records are often housed in local county courts, comprehensive checks include direct county-level searches where an applicant has lived.
The retrieved information usually details the case number, offense date, level of offense, and final disposition, such as a conviction or dismissal. While state or national database searches might miss county-level misdemeanors not digitally reported, diligent screening processes are designed to capture these lower-level convictions and pending charges.
The Relevance Test: When Misdemeanors Matter Most
When a misdemeanor conviction appears, employers typically assess the information using a “relevance test.” This requires determining if there is a direct relationship between the offense and the specific duties of the job being sought. Any decision to disqualify a candidate based on a criminal record must be job-related and consistent with business necessity.
Employers weigh three primary factors in this assessment: the nature and gravity of the offense, the time passed since the offense or sentence completion, and the nature of the job. For example, a misdemeanor conviction for theft or fraud would likely disqualify a candidate for a financial position involving handling money. Conversely, a conviction for assault would likely be disqualifying for a customer-facing role involving vulnerable populations.
The age of the offense is a significant mitigating factor; a recent conviction is weighted more heavily than an older one. Employers must also engage in an individualized assessment, considering the specific facts of the case, evidence of rehabilitation, and the applicant’s employment history since the offense. A policy that automatically excludes all applicants with any misdemeanor conviction, regardless of relevance, can expose an employer to legal risk.
Legal Limitations on Reporting and Use
Federal and state laws restrict how and when an employer can use criminal history information. The Fair Credit Reporting Act (FCRA) governs the accuracy and permissible use of background reports prepared by third-party screening agencies. Under the FCRA, non-conviction information, such as arrests or civil judgments, generally cannot be reported if it is older than seven years, unless the position pays $75,000 or more annually.
The FCRA does not place a time limit on reporting criminal convictions, meaning a conviction can technically be reported indefinitely in many jurisdictions. However, several states limit the reporting of convictions, including misdemeanors, to seven or ten years. Furthermore, guidance from the Equal Employment Opportunity Commission (EEOC) requires employers to demonstrate that any conviction used to deny employment is job-related to avoid claims of discrimination.
Many states and localities have passed “Ban the Box” legislation, which restricts when an employer can inquire about an applicant’s criminal history. These laws prohibit asking about criminal records on the initial job application. Employers must wait until later in the hiring process, often after a conditional job offer, ensuring qualifications are considered before the criminal record is evaluated.
Industry-Specific Scrutiny
Certain industries mandate deeper background screening, making a misdemeanor conviction more likely to be disqualifying. Positions involving handling large sums of money, such as in the financial sector, scrutinize offenses related to dishonesty, theft, or fraud. Even minor offenses in this category are viewed as relevant to the integrity required for the role.
Jobs involving vulnerable populations, including healthcare and education, often require checks against specific state and federal registries. Employers in these fields may be legally required to disqualify applicants with convictions for assault, battery, or certain drug-related misdemeanors. Roles requiring a professional license (e.g., law or real estate) or a federal security clearance are also subject to stringent regulatory review of all criminal history.
Managing the Disclosure Process
Job seekers with a misdemeanor record should approach the hiring process with honest and strategic disclosure. Avoid lying or omitting information when asked, as later discovery of misrepresentation can be grounds for immediate termination. The timing of disclosure is often guided by local “Ban the Box” laws, which dictate when criminal history can be discussed.
If the record is discovered after a conditional job offer, the applicant should address the offense directly, focusing on demonstrating rehabilitation and personal growth. This involves framing the past offense as an isolated incident and articulating why it is not relevant to the job duties. Providing context, such as character references or evidence of community involvement since the offense, can significantly influence the employer’s individualized assessment.
Steps to Clear or Seal a Misdemeanor Record
The most proactive step to mitigate the impact of a misdemeanor is exploring legal options for clearing the record. The two primary methods are expungement and record sealing, though processes vary significantly by state.
Expungement
Expungement generally results in the destruction or complete removal of the record, making it inaccessible to most private employers as if the conviction never occurred.
Record Sealing
Record sealing restricts public access to the criminal history, hiding it from the general public and most standard employment background checks.
For many misdemeanor convictions, sealing or expungement may legally remove the applicant’s obligation to disclose the offense to an employer. Eligibility depends on the specific offense, the time elapsed since the conviction, and the individual’s subsequent criminal history, requiring applicants to check local and state laws for guidance.