Can You Pass a Background Check With a Misdemeanor? Everything You Need to Know

Evelyn Sanderson - October 11, 2024

The background check process is an extensive one. Employers, people selling specific goods/services, or even people you meet or want to partner with, will run a background check on you to learn more about you. 

During this process, information about your identity, criminal record, and other public records will be revealed. This is what helps the party running the background check come to a decision about you.

For these reasons, you might be wondering – can you pass a background check with a misdemeanor? While misdemeanors aren’t as severe as felonies (in most cases), they’ll still show up on a background check, and they may influence your ability to get hired, purchase a firearm, or obtain a government contract.

The good news is that you don’t have to be in the dark, because at Information.com we’re here to help. We’ll take you through what you need to know about the impact of misdemeanors on background checks, and even show you how to find one in your public records. Read on to learn everything you need to know below.

What’s a Misdemeanor? 

A misdemeanor offense tends to be a criminal offense that’s less serious than a felony charge. While the charges can be the same, if someone is charged with a misdemeanor the crime is less severe, which means the punishment is also less severe. 

Typically, for a crime to be a misdemeanor it has to have a maximum penalty that’s less than a single year in jail or prison. That said, some states may have different rules where a misdemeanor can be assigned to crimes that have less than six months of jail time – anything over that punishment time would be a felony instead.

It’s also important to note that many states have classes assigned to each type of misdemeanor crime. These classes include Class A, Class B, and Class C misdemeanor violations. What determines a misdemeanor class is the length of the punishment. The length of punishment for each class tends to be:

• Class A: Up to one year in prison 
• Class B: Up to six months in prison 
• Class C: Up to 30 days in jail 

These classes don’t apply to all states, so always check with your state laws to determine what a misdemeanor may look like.

Examples of Misdemeanor Crimes 

Unsure if you have a misdemeanor on your record? If so, we’ll clear it up for you here. As we mentioned earlier, misdemeanor crimes tend to be less serious versions of felony crimes. It’s still important to understand what types of crimes can be misdemeanors in the first place. 

Some examples include: 

• Trespassing 
• Disorderly conduct 
• Driving while under the influence (DUI)
• Indecent exposure 
• Theft (petty)
• Reckless driving 
• Simple assault 
• Some types of battery 
• Vandalism 
• Drug possession 
• Prostitution 
• Public intoxication 
• Harassment 

These are only a few examples of misdemeanor crimes, and other types of crimes can also be classified as misdemeanors.

Common Penalties for Misdemeanors

We covered the amount of time that a misdemeanor is punishable for, but sometimes it’s not about the length of time behind bars. Instead, some of the least severe misdemeanors will carry different punishments that include community service or something similar. 

Some common penalties for misdemeanor crimes include: 

• Jail time for 30 days to one year 
• Community service for an allotted number of hours 
• Suspension of a driver’s license – common in DUI situations 
• Participation in alcohol or drug rehab, also common in DUI cases 
• Probation 

Other penalties, like probation, can also apply to misdemeanors depending on the state and prior offenses. 

Can You Pass a Background Check With a Misdemeanor on Your Record?

Yes, you can pass a background check with a misdemeanor. While most background checks will reveal information about your misdemeanor charge, many factors influence whether or not you pass the background check. 

For example, every business has different things they consider red flags when they’re looking for an applicant. A bank may not want to hire someone who has a history of theft, for example, and a taxi company may not hire someone who has a history of DUI or other driving-related misdemeanor charges.

This also becomes more common in situations where you have a high level of responsibility or government clearance. For example, jobs that run a level 2 background check might not pass you if you have a misdemeanor. This also applies to purchasing firearms or obtaining government contracts.

Still, it’s always dependent on the job. So, make sure you check your records, speak with the hiring manager, and check necessary requirements in your state before you go through the background check process.

Can You Pass a Background Check With a Felony?

Yes, like a misdemeanor, you can pass a background check with a felony. Some companies specifically state that they hire felons, like Family Dollar, which tends to hire non-violent felons. To make sure a company hires felons you should always contact the company first and be open about your criminal record.

Some states, like New York, also have Ban-the-Box Laws that prevent companies from asking about criminal records during the application process. While this information will come to the surface eventually, the delay gives an applicant time to go through the interview process and sometimes that’s enough to level the playing field for them.

How Long Do Misdemeanors Stay on Your Criminal Record?

The length of time that misdemeanors stay on your record varies based on the state where the crime occurred, along with the type of crime. For the most part, you can expect a misdemeanor to stay on your record for around seven years (for background check purposes) thanks to the Fair Credit Reporting Act (FCRA). 

These laws only allow employees to use information that dates back seven years, especially if it’s financial. Some states have made changes to how this is handled, so it’s not always a general rule. Also, crimes will remain on your criminal record until they’re sealed or expunged.

In some cases, misdemeanors will remain on your record indefinitely or be sealed based on how the court case is handled. You can also have a misdemeanor expunged by reaching out to the judge who issued the punishment. In these cases, it may only appear on your record during government checks or if you plan on joining the military. 

How to Check Your Public Records with Information.com 

If you’ve been charged with a misdemeanor in the past, or you’re currently going through that process right now, we can help you determine if you’ll pass a background check. To do so, we recommend using our background check tool. This is a simple tool you can leverage to view everything that’s on record about you. This includes things like:

• Your full name 
• Education history 
• Work history and accomplishments 
• Websites and social media accounts 
• Contact information including address, phone number, and email address 
• Relatives 
• Criminal records 
• Civil court records 
• Death records 
• Marriage and divorce records 
• Military records 

You’ll find all this and more when you run a search with Information.com. In fact, you can find additional details and anything else that’s publicly available about someone.

To get started, all you have to do is enter your first and last name, city, and state into our background check tool. From there, our public records search tool will comb through millions of public records databases to help you find what you’re looking for. Then, it’s compiled in a full report that you can look through to find what you’re looking for.

We also offer additional ways to search, so you can use an address or phone number as well. This is great for running background checks on strangers you meet online or if you want to verify the legitimacy of a company.

Pass Your Next Background Check With Help From Information.com Today!

Passing a background check isn’t as simple as it used to be. In today’s world, hiring managers and background check agencies have access to a wealth of information ranging from your criminal records to where you worked at your first job. 

It’s essential to be prepared before you apply, and the best way to do so is by checking your records first with Information.com.

You’ll want to look into any misdemeanors you have and identify when they happened and whether or not they’ll disqualify you from a specific line of work. 

We also recommend checking your public records just to ensure that everything matches up. The last thing you want is for a hiring manager to find a criminal record that shouldn’t exist or inconsistent information because it will slow down the hiring process.