Can you get a job with a misdemeanor? (2024)

Posted on March 16, 2022

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

Is it possible to get a job with a misdemeanor on my criminal record?

Yes, anyone with a misdemeanor on their criminal background can still get a job. However, they may find it is more difficult than if they did not have a prior conviction. The obstacles that come with a prior misdemeanor, however, are far less severe than if the prior conviction was for a felony.

There is no federal or state law that prohibits people with a criminal conviction from getting a job. However, businesses often hesitate to hire someone with a prior conviction. They may see the worker as a potential liability, especially if the crime was for something that would be related to the type of job. For example, someone with a prior conviction for a misdemeanor theft offense will struggle to get a job as a bank teller, while anyone convicted for prior criminal activity will struggle to get a job in law enforcement.

This difficulty in getting steady employment is probably the most important collateral consequence that people with a criminal conviction will face. Difficulties getting a job will make other aspects of life difficult, as well. Without the financial security of a good and steady job, people with a prior conviction can:

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

However, the employment problems that people will face when they have a misdemeanor conviction on their record are small when compared to convicted felons.

People with prior misdemeanors are generally still eligible for many professional licenses and certifications that make getting a good job easier. People with a felony conviction are often ineligible. For example, people who have been convicted for a felony offense may be ineligible to get a:

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

Generally, people convicted of a misdemeanor can still pursue and receive these certifications.

Additionally, some job applications only require applicants to disclose prior criminal offenses if they were felonies. Applicants who only have misdemeanor convictions in their past may not have to disclose them in these circ*mstances.

Nevertheless, some employers will still refuse to hire a job applicant if they find a misdemeanor during the 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 a 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 the 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 a job seeker’s written consent to conduct the background check upfront, and makes the employer notify the applicant if it was his or her 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 the 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 a job applicant’s success, it can mitigate the damage done by the blemish on his or her criminal history.

Get the conviction expunged

The best thing to do is to get the 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 the defendant’s acquittal,
• charges that were dismissed and for which the criminal statute of limitations has expired,
• some misdemeanors that were committed 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 the person:

• successfully completed misdemeanor probation, and
• is 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 a job candidate because of an expunged conviction, even if it does show up in a criminal background check.⁵

Prepare a response

Job applicants who have a misdemeanor on their criminal record should be prepared for the employer to bring up the offense during a job interview. They should know how they are going to respond to the issue when it comes up.

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

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

Job applicants with a criminal background should also understand their 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 a prior conviction and offer a job.