Can you get a job with a misdemeanor on your record?

Yes, if you have a misdemeanor on your criminal record, you can still get a job. However, you may find it more difficult than if you had a clean record. Getting hired is much easier with a prior misdemeanor than with a prior felony. In some cases, you may not have to disclose your prior conviction during the job application process.

Can a misdemeanor record prevent me from getting hired?

Possibly. There is no federal or state law that prohibits you from getting a job if you have a misdemeanor conviction. However, businesses may still hesitate to hire you: They may see you as a potential liability, especially if the crime was for something that would be related to the type of job.

For example, if you have a prior conviction for a misdemeanor theft offense, you will struggle to get a job as a bank teller. Meanwhile, being convicted of any criminal activity will hinder you from getting a job in law enforcement.

This difficulty in getting steady employment is probably the most important collateral consequence of having a criminal record. Without the financial security of a good and steady job, you may:

• struggle to find safe and secure housing,
• be unable to secure a loan, and
• build up large amounts of debt.

However, the employment problems you will face when you have a misdemeanor conviction on your record are small when compared to convicted felons.

With prior misdemeanors, you are generally still eligible for many professional licenses and certifications that make getting a good job easier. If you have a felony conviction, you are often ineligible. For example, having a felony conviction may disqualify you from getting:

• a teaching certificate,
• a license to practice law, or
• many healthcare licenses, like a pharmacist’s license.

Generally, you can still pursue and receive these certifications with just a misdemeanor conviction.

Additionally, some job applications only require you to disclose prior criminal offenses if they were felonies. If you have only misdemeanor convictions in your past, you might not have to disclose them at all.

Nevertheless, some employers will still refuse to hire you if they find a misdemeanor during your criminal background check.

Will the offense appear on my background check?

Generally, a misdemeanor conviction will show up during a criminal background check. However, not all background checks are the same. Some are less thorough than others. There is a small chance that the background check will not find your misdemeanor conviction. Additionally, prospective employers may be prohibited from considering old convictions.

Many misdemeanors are handled in a county court. These conviction records are stored at the county level. Some counties report these records to the state, but some do not. If a background check only searches state records, it may not find your misdemeanor conviction.

Old misdemeanor convictions will appear on background checks, as well. However, the Fair Credit Reporting Act (FCRA), a federal law that applies to all Americans, instructs potential employers to only consider crimes that occurred in the last 7 years.¹ The FCRA also requires employers to get your written consent to conduct the background check upfront, and makes the employer notify you if it was your criminal past that led to the refusal to hire.²

What are some steps that I can take to get a job?

There are several things that can be done to increase your chances of getting hired with a prior misdemeanor conviction:

1. get your record expunged,
2. have a response prepared for when the prior conviction comes up,
3. get personal references and recommendations, even when they are not required for the application, and
4. make personal connections at the employer’s workplace before applying.

While none of these steps will guarantee success, they can mitigate the damage done by the blemish on your criminal history.

Get the conviction expunged

The best thing to do is to get your misdemeanor offense expunged. An expungement seals the offense from the public. It will usually not appear on a criminal background check.

Not all misdemeanor offenses are eligible for expungement, though. Which crimes can be expunged will depend on the state. In some states, like Texas, very few criminal records are eligible for expungement, like:

• arrest records that did not result in a criminal charge,
• arrest records for certain offenses that ended with your acquittal,
• charges that were dismissed and for which the criminal statute of limitations has expired,
• some misdemeanors that were committed by you as a juvenile,
• convictions that were pardoned or that were overturned on appeal for actual innocence, and
• Class C misdemeanor charges after a successful deferred adjudication.³

Other states, like California, allow many misdemeanors to be expunged. In general, a misdemeanor can be expunged in California if you:

• successfully completed misdemeanor probation, and
• are not currently:
  • charged with a criminal offense,
  • on probation for a different criminal offense, or
  • serving a prison sentence or jail time for a different offense.⁴

Getting the conviction expunged is the best way to get a job in the future. In California, employers are not allowed to discriminate against you because of an expunged conviction, even if it does show up in a criminal background check.⁵

Prepare a response

If you have a misdemeanor on your criminal record, be prepared for the employer to bring up the offense during your job interview. You should know how you are going to respond to the issue when it comes up.

In explaining a misdemeanor in your job application or interview, it is helpful to:

• be truthful and straightforward about the conviction,
• focus on the positive lessons learned from the conviction,
• explain how the conviction helped you change your life, and
• show remorse for the offense and a willingness to learn from it.

You should also understand your rights during the hiring process. Many states and jurisdictions limit what employers can ask about a prior conviction and when they can ask it. Some areas have passed “ban the box” laws that forbid employers from considering a prior conviction until late in the hiring decision.

In some cases, it can be helpful to get the legal advice of a criminal defense lawyer to fully understand your civil rights and legal protections.

Get references

Many employers see a prior conviction as a personality flaw. They think that the only people who have criminal records are bad people. Overcoming this misconception during a job hunt can take some effort. One way to do it is to provide personal references or recommendations, even when the job application process does not require one.

Make connections before applying

While networking is a good strategy for all job searches, establishing connections with a potential employer before submitting an employment application is especially important for ex-offenders. Having a personal connection with an employer can make them more likely to overlook your prior conviction and offer a job.

Additional reading

For more in-depth information, refer to these scholarly articles:

• Misdemeanor Records and Employment Outcomes: An Experimental Study – Crime & Delinquency.
• Employment Discrimination on the Basis of Criminal History: Why an Anti-discrimination Statue is a Necessary Remedy: The Journal of Criminal Law and Criminology.
• Adverse Employment Consequences Triggered by Criminal Convictions: Recent Cases Interpret State Statutes Prohibiting Discrimination – Wake Forest Law Review.
• The Edge Of Stigma: An Experimental Audit Of The Effects Of Low-level Criminal Records On Employment – Criminology.
• When Any Sentence Is a Life Sentence: Employment Discrimination against Ex-Offenders – Washington University Law Review.