Having an offense on your criminal record does not always prevent you from working. However, certain misdemeanor charges can affect employment opportunities, particularly in industries that require trust, safety, financial responsibility, or professional licensing.
For example:
- Healthcare jobs such as nursing, home health care, or medical assistants may be affected by certain drug offenses or crimes related to patient safety.
- Financial institutions often review theft, fraud, or dishonesty convictions because employees handle money or sensitive financial data.
Under Florida law, a misdemeanor conviction generally remains on your criminal history record permanently unless it is legally sealed or expunged through the court process. If you qualify, legal record clearing may limit who can access your criminal history during employment background checks.
Professional legal guidance is often necessary to determine eligibility for criminal record sealing or expungement under Florida Statutes §943.0585 and §943.059.
5 Types of Misdemeanors That Can Affect Employment
Many employers conduct background screenings before hiring new employees. Florida employers frequently rely on background checks governed by Chapter 435 of the Florida Statutes, especially for jobs involving vulnerable populations such as children, the elderly, or disabled individuals.
The following misdemeanor offenses commonly raise concerns during hiring:
The following are a few of the misdemeanors that prevent employment:
1. Theft and Shoplifting
Crimes involving theft, fraud, or dishonesty may raise concerns about trust for employers. These offenses can be especially problematic for jobs in retail, finance, accounting, or any position that involves handling money.
2. Disorderly Conduct or Public Intoxication
Charges involving disorderly conduct, public intoxication, or fighting may raise concerns about professionalism or workplace behavior, particularly in customer-facing roles.
3. Assault or Battery
Misdemeanor offenses involving violence, assault, or domestic battery may affect employment opportunities in workplaces where safety is a major concern.
4. DUI (Driving Under the Influence)
A DUI misdemeanor may impact employment if the job requires driving company vehicles, providing transportation services, or operating heavy machinery.
5. Drug Possession
Misdemeanor drug possession charges may affect employment in industries that require drug testing, safety-sensitive work, or federal regulatory compliance.
Will Misdemeanors Show Up on a Background Check for Employment?
Yes. Most misdemeanor convictions can appear on employment background checks.
Your misdemeanors can show up on a background check. To conduct a background investigation, which may involve checking criminal histories at the local, state, or federal levels, businesses may collaborate with background-checking services or other private organizations.
Specifically, an employer’s background check may turn up:
- Positions held in previous companies
- dates of employment
- Job titles
- Reasons (provided by former employers) for leaving the company
Employment history is disclosed through background checks, which verify the accuracy of information provided on a resume or job application.
Work history from the past 7 to 10 years is typically included in background checks. Furthermore, some sectors, like the financial services sector, can conduct background checks that go beyond.
A person’s criminal history, including any arrests, convictions, and other pertinent information, will be disclosed. Employers must, however, abide by the Fair Credit Reporting Act (FCRA)
Employers often hire professional screening companies to search criminal records at multiple levels, including:
- County court records
- State criminal history databases
- National criminal databases
- Federal court records
In Florida, criminal history information is typically obtained from the Florida Department of Law Enforcement (FDLE) database.
Background checks may also verify other information, including:
- Previous employment history
- Job titles and employment dates
- Education verification
- Professional licenses
- Criminal history records
Employment background checks must comply with the Fair Credit Reporting Act (FCRA). Under the FCRA:
- Employers must obtain written consent before running a background check.
- Applicants must receive notice if an adverse employment decision is based on a background report.
Unlike credit reporting rules, criminal convictions may remain reportable indefinitely in many background checks, although some private screening companies apply internal reporting limits.
How Long Does a Misdemeanor Stay on Your Record in Florida?
In Florida, a misdemeanor conviction generally stays on your criminal record permanently.
However, certain cases may qualify for record sealing or expungement, which limits public access to the record.
Expungement (Florida Statute §943.0585)
Expungement removes the public record of a case from most background searches after court approval and a Certificate of Eligibility issued by the FDLE.
Record Sealing (Florida Statute §943.059)
Sealing hides the record from most public background checks, although some government agencies may still access it.
Important eligibility rules include:
- The case must usually be dismissed, dropped, or result in withheld adjudication to qualify.
- A criminal conviction generally cannot be sealed or expunged in Florida.
- Individuals are typically limited to one record sealing or expungement in a lifetime.
Because eligibility depends on the exact outcome of the case, legal review is often required before applying.
A misdemeanor stays on your criminal record permanently unless you take legal action to have it sealed and erased. But will a misdemeanor affect employment? Read on.
Can You Get a Job With a Misdemeanor?
Yes. Many people with misdemeanor records can still find employment.
Employers often consider multiple factors during hiring, such as:
- The type of offense
- How long ago did the incident occur?
- Whether the offense is relevant to the job duties
- Evidence of rehabilitation or good conduct
Some Florida laws also allow individuals to request exemptions from disqualification for certain licensed professions under Chapter 435, Section 07, of the 2024 Florida Statutes. You are exempt from disqualification as long as you pay fines and your case has been lawfully released or dismissed by the court. With that, the skilled lawyers at Erase The Case can surely help you reclaim your life.
Will My Current Employer Know if I Am Convicted of a Misdemeanor?
Courts typically do not notify employers directly of misdemeanor convictions. However, employers may still become aware of a conviction in several ways.
A current minor conviction may still affect your work status if you are already employed. There are circumstances in which you may be legally required to reveal the information, even if the court system won’t inform your employer directly.
Job-Related Duties
If the offense is connected to your job responsibilities (for example, a DUI for a driving job), your employer may learn about the conviction through insurance checks or licensing reviews.
Company Policies
Some companies require employees to report criminal convictions during employment under internal HR policies.
Industry Regulations
Certain professions — such as healthcare, finance, childcare, or security — are subject to regulatory background checks. Licensing boards may require disclosure of criminal offenses.
Before deciding whether to disclose a conviction, it is often advisable to review employment contracts and seek legal guidance.
Expunge Your Misdemeanors Now for Better Future Employment!
A criminal record does not have to define your future. If your case qualifies, Florida record sealing or expungement may help limit public access to past charges during background checks.
Because the eligibility rules and procedures can be complex, working with experienced legal professionals can make the process significantly easier.
Erase The Case focuses exclusively on Florida expungement and record sealing, helping individuals navigate the legal process and determine whether their record may qualify for relief.
Expunging your misdemeanors from your record will be fast and easy!
