Background Check Misdemeanor: What You Need to Know

Cindy Ellis - September 15, 2022

Background checks are often a necessary part of any hiring process or identity verification process. Submitting a background check is already nerve-wracking enough, but if you have a known misdemeanor on your record, you may be wondering what this means for your chances of passing a background check.

Our article tells you what a background check report might show if you have a misdemeanor on your record in addition to other important information about how long misdemeanors will stay visible. We also answer your frequently asked questions about background check misdemeanors so you can gain all the information you need to stay informed.

What Is a Misdemeanor?

A misdemeanor is a criminal offense, but it is one that is considered much less severe than a felony. For example, felonies are considered grave and serious crimes and include items such as murder, burglary, kidnapping, and rape, while misdemeanors are often crimes such as petty theft, trespassing, shoplifting, minor drug offenses, and simple assault.

Felony crimes also have prison or jail sentences that last over a year and very high fines. In contrast, misdemeanors have jail sentences that last less than a year and carry a lower amount of fines, in addition to being punishable with probation or community service.

It is also important to note that misdemeanors have different classifications based on the crime committed, the victim, and the maximum punishments. Different jurisdictions might classify misdemeanors in varying ways, which is why it is essential to look up misdemeanor and criminal record laws in the state that you live in.

What Type of Background Check Will a Misdemeanor Show Up On?

Misdemeanors most typically show up on criminal background checks, but they can also turn up on universal background checks, which pull information from public records, including criminal and civil history information. If your misdemeanor involves repeated driving incidents or a DUI, it might also show up on a separate driving history report.

Reckless driving, leaving the scene of an accident, or driving on a suspended license are the most common misdemeanors to turn up on either a driving history report or a criminal background check report.

How Long Will a Misdemeanor Stay on Your Record?

Like most criminal offenses, a misdemeanor will stay on your record for life. However, there are certain laws that may stop misdemeanors from being included on your background check after specific amounts of time.

In most states, misdemeanors over seven years old are no longer included in a basic background check, though in-depth and federal background checks may still turn this information up. Many other states have also implemented ‘ban the box’ laws, which allow you to apply for a job without disclosing you have a misdemeanor on the application and automatically disqualifying yourself from the hiring process.

For more information about this, you should search your state’s specific hiring and employment laws and see what your rights are when it applies to a misdemeanor on your record.

Background Check Misdemeanor FAQs

Having a misdemeanor on your background check can raise many questions. Here we’ll answer your most frequently asked questions about background check misdemeanors so you can be totally informed.

Can Misdemeanors Be Expunged?

Misdemeanors can be expunged from your record, meaning that they are fully wiped from your criminal history and will no longer show up on background checks, not even more in-depth federal and criminal background checks.

Typically, you will need to petition a judge or court to get your misdemeanor expunged, and whether or not it is removed depends on a variety of highly specific factors based on you, the crime, and the jurisdiction in which the misdemeanor was committed.

Will a Misdemeanor Cause You to Fail a Background Check?

While a misdemeanor is typically not seen as a huge red flag by most employers in the same way an extensive record of felonies would, it can still be a notable point or disqualify you from specific jobs. However, whether or not a misdemeanor causes you to fail an employment background check depends on the employer, their company standards, and the nature of the misdemeanor.

Speak with the individual performing your background check if you have any concerns once your report is reviewed, and double-check employment laws in your state so that you are aware of your rights during the hiring process.

Does Having a Misdemeanor Disqualify You From Employment?

A misdemeanor can make getting hired in some professions more difficult, but it doesn’t disqualify you from employment altogether. Many companies and potential employers are willing to perform a holistic review of your application and determine your eligibility for a job despite the presence of a misdemeanor on your background check report.

Do Traffic Violations Show Up As Misdemeanors?

A traffic violation might show up as a misdemeanor if you had to go to court, pay a fine, or serve time. But things like speeding tickets are counted as civil infractions and won’t show up on background checks unless you accumulate enough to be taken to court about them.

However, driving misdemeanors related to DUIs or reckless driving are also highly likely to show up on driving and criminal background check reports.

Will Pending Misdemeanors Show Up on My Background Check?

Pending charges and misdemeanors will typically appear on your criminal background check report, but this depends on the state in which your report is made. Some states don’t allow the disclosure of cases that are in process and will not allow pending misdemeanors to be shown on your record. So make sure you understand what information is eligible to be accessed in your state before submitting information for the background check process.

How Can I Check if There Is a Misdemeanor on My Record?

If you aren’t sure if a misdemeanor is still on your record or if you know you have a misdemeanor and want to see what your report will look like to a potential employer, you can perform a background check on yourself.

To do this, use the background check search tool on Information.com. A report will be compiled based on third-party information and will show you any misdemeanors on your record in addition to other criminal or civil history. Reviewing this report will inform you about what employers might see and allow you to plan your next steps accordingly.

Understanding Misdemeanors on Your Record

A misdemeanor on your background check record can seem like the end of the world, but most of the time, background check misdemeanors can be manageable. Simply make sure you understand your hiring and employment rights in your state and double-check how long misdemeanors are allowed to be disclosed on your record according to your jurisdiction.

With more and more anti-discrimination laws regarding criminal records being implemented and plenty of open-minded employers, you will surely find employment or other fulfilling opportunities despite a misdemeanor on your background check.