Landing a good job often requires more than just skills and qualifications. Employers today conduct background checks to ensure they’re hiring trustworthy and responsible individuals. Unfortunately, even minor criminal convictions can become barriers to employment. While felonies are often the most damaging, there are also misdemeanors that prevent employment and affect career opportunities.
In this guide, we’ll explore how misdemeanors show up in background checks, which specific offenses are most concerning to employers, the legal consequences of these records, and how a skilled criminal defense lawyer can help mitigate the long-term effects on your professional life.
Understanding Misdemeanors
Misdemeanors are criminal offenses that are considered less serious than felonies but more serious than infractions. They usually carry penalties such as fines, probation, community service, or jail time of up to one year. Despite being “lesser” offenses, they can still leave a lasting mark on your criminal record—something employers often take into account during the hiring process.
Examples of Common Misdemeanors
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Petty theft
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Shoplifting
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Simple assault
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Disorderly conduct
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Driving under the influence (DUI)
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Possession of small amounts of controlled substances
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Trespassing
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Vandalism
While some misdemeanors may not heavily impact employment, others raise red flags for employers, especially when they relate to trustworthiness, safety, or workplace conduct.
How Employers View Misdemeanors
Employers typically run background checks during the hiring process. A misdemeanor conviction that appears in these checks may cause concern about an applicant’s reliability or potential risk in the workplace.
Key Factors Employers Consider:
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Type of Offense – Crimes involving dishonesty, theft, or violence are viewed most negatively.
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Relevance to the Job – For example, a DUI may impact driving jobs, while theft may prevent someone from working in retail or finance.
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Time Since the Conviction – Older misdemeanors may carry less weight, especially if no repeat offenses occurred.
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Pattern of Behavior – Multiple misdemeanors raise more concern than a single isolated incident.
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State Laws – Some states restrict how far back employers can look into criminal history.
Misdemeanors That Prevent Employment
Not all misdemeanors automatically disqualify someone from employment, but some are particularly damaging when applying for jobs. Here are the most common ones:
1. Theft and Shoplifting
Employers in retail, banking, and finance view theft-related offenses as a serious red flag. A theft conviction suggests potential dishonesty, making it difficult to secure jobs where money or valuables are involved.
2. Fraud and Bad Checks
Fraudulent activities, such as writing bad checks or deceptive practices, undermine trust. Employers want assurance that employees will act with integrity, especially in financial positions.
3. Drug-Related Offenses
Drug possession or use can impact employment opportunities, particularly in industries requiring safety and reliability (e.g., healthcare, transportation, construction).
4. DUI (Driving Under the Influence)
A DUI misdemeanor may prevent employment for positions requiring driving, operating heavy machinery, or jobs that require a clean driving record.
5. Assault and Disorderly Conduct
Even if classified as a misdemeanor, violent behavior raises concerns about workplace safety. Employers want to avoid potential liability.
6. Domestic Violence
Although sometimes charged as a misdemeanor, domestic violence convictions are taken seriously and may prevent employment in childcare, healthcare, and educational fields.
7. Trespassing and Vandalism
Property-related crimes can raise concerns about judgment and respect for others’ property, especially in jobs requiring access to sensitive areas.
8. Public Intoxication and Disorderly Conduct
While sometimes considered minor, these offenses may raise questions about professionalism and self-control.
The Impact of Misdemeanors on Different Careers
Healthcare and Education
Jobs in healthcare and education often involve working with vulnerable populations. Background checks are strict, and misdemeanors related to violence, drugs, or dishonesty can disqualify applicants.
Financial Services
Banking, insurance, and finance companies place high value on integrity. Theft, fraud, or financial misconduct misdemeanors can bar entry into these industries.
Government and Law Enforcement
Positions in government or law enforcement usually require clean records. Even minor misdemeanors may prevent employment or security clearance.
Transportation and Logistics
DUI and drug-related misdemeanors are especially damaging in jobs involving driving or operating heavy equipment.
Retail and Customer Service
Theft, shoplifting, or fraud charges can make it nearly impossible to secure jobs that involve handling money or inventory.
Legal Protections and Employer Limitations
While employers do consider criminal records, job applicants also have certain rights.
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Ban-the-Box Laws – Some states prohibit employers from asking about criminal history on initial applications.
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Fair Credit Reporting Act (FCRA) – Requires employers to obtain permission before running background checks.
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Equal Employment Opportunity Commission (EEOC) – Protects against discrimination in hiring, ensuring criminal history is considered fairly and relevantly.
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Expungement Laws – In some cases, misdemeanors can be expunged, removing them from public records.
Can You Still Get a Job with a Misdemeanor?
Yes, many people with misdemeanors still find employment. The key is how you address it:
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Be Honest – Lying about a misdemeanor often looks worse than the offense itself.
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Explain the Circumstances – Employers may be understanding if the offense was minor, long ago, or linked to unusual circumstances.
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Show Rehabilitation – Demonstrating positive changes, such as community service, counseling, or further education, can improve chances.
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Seek Expungement – If eligible, clearing your record can significantly improve employment opportunities.
How a Criminal Defense Lawyer Can Help
If you’re facing misdemeanor charges or worried about their impact on your career, consulting with a criminal defense lawyer is crucial. A skilled attorney can:
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Negotiate for Lesser Charges – Reducing a misdemeanor to an infraction may keep it off your record.
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Advocate for Expungement – Guide you through the process of clearing your record when eligible.
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Protect Your Rights – Ensure employers are not unfairly discriminating based on your record.
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Provide Legal Insight – Help you understand how your specific misdemeanor may affect employment opportunities.
Steps to Take if You Have a Misdemeanor Record
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Check Your Record – Get a copy of your criminal background report to see what employers see.
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Consult a Lawyer – Understand your options for expungement or reduction.
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Prepare Your Explanation – Have a brief, honest response ready if asked in an interview.
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Focus on Strengths – Highlight skills, qualifications, and positive references.
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Target the Right Employers – Some industries are more forgiving than others.
Conclusion
While misdemeanors are less severe than felonies, some misdemeanors that prevent employment can still significantly affect your career prospects. Crimes related to dishonesty, violence, or substance abuse are especially concerning to employers. However, having a misdemeanor on your record doesn’t mean your career is over.
With the right legal guidance, rehabilitation efforts, and transparency during job applications, you can still build a successful career path. If you are facing misdemeanor charges or need help managing their impact on employment, consulting with an experienced criminal defense attorney can make all the difference in protecting your future.
