Applying for a new job is already a daunting experience, but when the hirer throws a background check into the mix? It becomes a whole lot more daunting. This is especially the case if you have committed a misdemeanor in the past.
A past misdemeanor may not reflect who you are today, but it is recorded. This leaves many with one question: Do misdemeanors show up on a background check?
Generally, the answer is yes. However, there are more nuances at play. Even if a background check does uncover a misdemeanor, it also doesn’t mean you’ll be ruled out as a candidate for the position.
What Is a Misdemeanor?
A misdemeanor is a minor criminal offense. It is usually punished by a fine, short incarceration, house arrest, mandatory community service, or a mix.
In most states, misdemeanors are also classed based on their severity. A Class A misdemeanor is considered the most serious and often carries a penalty of up to a year in prison. A Class B typically has a penalty of up to 3 months in prison, while a Class C is the mildest, and in many places, carries a maximum jail term of a month.
Some examples of misdemeanors include:
- Drunk or reckless driving
- Tresspressing
- Shoplifting
- Vandalism
- Simple assault
- Disorderly conduct
- Possession of certain substances
Since misdemeanors are handled differently in every state, it’s important to familiarize yourself with your local state laws.
Do Misdemeanors Show Up on a Background Check?
Misdemeanors do not carry the same weight as felonies. This leads to confusion over whether they’re likely to show up on a background check.
In most instances, misdemeanors do show up on a background check. However, this can vary depending on the type of background check being conducted and how long ago the misdemeanor was recorded.
Types of Background Checks
For some employers, a background check simply means that they verify your address and references rather than carrying out an in-depth look into your public records.
For other employers, a background check could involve an in-depth look at every aspect of your past. Public records are pulled, personal details are cross-referenced and verified, and even international records may be reviewed. Criminal records, including misdemeanors, will certainly be uncovered in these comprehensive checks.
Jobs that tend to involve more comprehensive background checks include:
- Healthcare roles (e.g., nurses, doctors, and paramedics)
- Childcare roles (e.g, teachers and daycare workers)
- Government roles (e.g., police and military)
Date of Misdemeanor
If the misdemeanor was committed several years ago, it may not show up on a background check. Several states, such as Colorado, have laws in place that prevent a misdemeanor from being included in a background check if a specific amount of time has passed. Generally, this is a 7- to 10-year period.
Note that exclusion from a background check does not mean the misdemeanor is not still on your official records. A misdemeanor can only be removed if it has been expunged.
A misdemeanor can also be sealed. This process keeps the misdemeanor from public view in virtually all instances, but it may still be unsealed by certain authorities (usually at the government level).
Some states will automatically clear a criminal record if a set amount of time has passed without a re-offense. However, other states may require you to file a petition with the court.
How Can I Verify if a Misdemeanor Shows on My Background Check?
The most reliable way to verify whether a misdemeanor is likely to show up on a background check is to run one on yourself. This will make it easy to see what information is stored about you and what’s currently visible to others.
To run a self-background check, you can leverage a reputable online background check tool. These tools gather information about a person from various sources, including official public records and social media activity, and compile the findings together to create a comprehensive report.
A background check tool is easy to use and usually reveals information such as:
- Full legal name and aliases
- Employment and education history
- Contact details (e.g., email addresses and phone numbers)
- Social media accounts
- Address history
- Criminal records
- Civil court records
- Marriage/divorce records
If your misdemeanor shows up on your own background check, there’s a good chance that a third-party background check will uncover the same information about you.
Understanding Do Misdemeanors Show Up on a Background Check
Misdemeanors generally show up on background checks, but this isn’t always the case. Not all background checks pull up criminal records. Misdemeanors may also not show up if enough time has passed, particularly if they have been sealed or expunged.
It’s important to stress that even if a misdemeanor is picked up, that doesn’t mean you’ll be immediately disqualified from the job role. Employers are often more focused on current conduct and character rather than past mistakes.
Provided you haven’t re-offended and have shown a commitment to change, you may still be offered the position. Be sure to advocate for yourself if an employer does bring up a past misdemeanor.
