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Do Misdemeanors Show Up on Background Checks?

Published in Criminal Background Checks 3 mins read

Yes, misdemeanors generally appear on background checks. All criminal convictions, including both misdemeanors and felonies, can appear in criminal background checks, at least for a certain period.

How Misdemeanors Appear on Background Checks

When a background check is conducted, especially a criminal background check, it often accesses public records that detail an individual's criminal history. This includes convictions for misdemeanor offenses. The purpose of such checks is to provide information about a person's past legal entanglements, which can be relevant for various purposes, most commonly employment or licensing.

While a misdemeanor conviction will typically appear, its visibility can depend on several factors, including:

  • Type of Background Check: Different background checks serve different purposes.
    • Criminal Background Checks: These are designed specifically to reveal criminal history. Misdemeanors are almost always included here.
    • Employment Background Checks: Many employers conduct these to assess a candidate's suitability. The extent to which misdemeanors are reported can depend on state laws, the nature of the job, and the specific company policy.
    • Professional Licensing Background Checks: Certain professions require extensive background checks for licensing, where any criminal history, including misdemeanors, is usually reviewed.
  • Jurisdiction: Laws regarding what information can be reported and for how long vary by state or even county.
  • Time Since Conviction: As the reference indicates, misdemeanors appear "at least for a while." This suggests that some convictions may become less visible over time due to reporting limitations or legal processes.

Impact on Employment

The appearance of a misdemeanor on a background check can potentially affect an individual's ability to secure a job. Employers often consider the nature of the offense, its relevance to the job duties, and how long ago it occurred. For example, a misdemeanor theft conviction might be more concerning for a financial position than for a labor-intensive role.

Here's a quick overview of common scenarios:

Type of Background Check Misdemeanor Visibility Common Purpose
Criminal Record Check Yes Law enforcement, legal proceedings, thorough screenings
Employment Check Often Yes Pre-employment screening
Housing/Rental Check Sometimes Tenant screening (often depends on specific laws)
Professional Licensing Often Yes Licensing for regulated professions

Understanding the "For a While" Aspect

The phrase "at least for a while" is crucial. It implies that a misdemeanor conviction may not remain on all types of background checks indefinitely. Many jurisdictions have rules about how long certain convictions, particularly misdemeanors, can be reported on consumer-facing background checks (like those used for general employment). This often involves:

  • Reporting Limits: Some states limit the reporting of older misdemeanor convictions (e.g., after 7 years for certain types of checks, excluding specific industries or high-level positions).
  • Expungement or Sealing: In some cases, individuals may be able to petition the court to have their misdemeanor conviction expunged or sealed. If granted, this can significantly limit or prevent the conviction from appearing on most background checks.

In summary, if you have a misdemeanor conviction, it is highly likely to appear on a criminal background check and often on employment-related checks, at least for a period of time.

[[Criminal Records]]