Will You Still Pass A Background Check With a Misdemeanor in 2015?

David Weisselberger | December 8, 2024

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Employers often conduct background checks to evaluate a candidate's criminal history. This includes checking misdemeanor convictions to ensure the applicants can perform their role safely and responsibly. While felonies typically raise the most concern, misdemeanors can also appear in background checks and can influence hiring decisions.

For this reason, many job seekers wonder, “Can you pass a background check with a misdemeanor?” The answer depends on factors such as the offense, its relevance to the role, and local laws that limit how and when employers can consider criminal records. Let’s delve further!

Can You Pass a Background Check With a Misdemeanor?

Yes, you can pass a background check with a misdemeanor. But, whether it affects employment depends on several factors. Misdemeanors, unless expunged, typically appear on background checks.

Can You Pass a Background Check With a Misdemeanor?​

Employers often view these offenses as less serious than felonies and may weigh them differently based on their relevance to the job. Employers weigh several factors such as:

  • Offense type and severity: Serious misdemeanors like theft or violence may pose more concerns than minor infractions.
  • Time elapsed: Older convictions with no further incidents usually carry less weight.
  • Job requirements: Sensitive roles (e.g., finance or childcare) may have stricter scrutiny.
  • State laws: Regulations like “ban-the-box” laws may limit how employers use criminal history.

A misdemeanor can raise questions, but many employers focus on qualifications, skills, and rehabilitation efforts. Ultimately, employers have discretion in assessing how a misdemeanor aligns with their risk policies and the job requirements.

What Are Misdemeanors That Prevent Employment?

misdemeanor prevent employment

Certain misdemeanors can significantly impact your job prospects, particularly if they directly relate to the job requirements or company policies. While the specific offenses can vary, here are some common examples:

  • Theft or Fraud: Misdemeanors involving theft, shoplifting, or embezzlement can be detrimental, particularly for jobs in finance, retail, or logistics. 
  • Assault or Violence: Misdemeanors related to assault, battery, or domestic violence can raise concerns, especially in roles requiring public interaction or working with vulnerable populations. 
  • Driving Under the Influence (DUI): Multiple DUI convictions or reckless driving can affect employment opportunities, particularly in transportation or delivery roles. 
  • Drug-Related Offenses: Drug-related misdemeanors can hinder employment, especially in industries with strict drug policies or those involving public safety. 
  • Sexual Misconduct: Misdemeanors involving sexual misconduct can be disqualifying in fields like education, healthcare, or caregiving.

Employers assess misdemeanors based on their severity, recency, and relevance to the job. Some roles, especially in government, healthcare, or childcare, require higher scrutiny due to legal or ethical standards. Know more about misdemeanors that prevent employment in 2024.

Should You Disclose A Misdemeanor In An Interview?

Disclosing a misdemeanor during an interview depends on context. Oftentimes, it’s better to wait until asked or until it appears on a background check. Employers might not inquire about misdemeanors explicitly. This is true especially if their application only asks about felonies. 

If they later raise concerns after reviewing your background, address them openly and focus on how you’ve grown since the incident. Here are the reasons why you may not need to disclose:

  • Legal Protections: Many states limit what employers can consider, especially for older or unrelated offenses.
  • Background Check Variability: Employers may overlook minor misdemeanors, particularly if they’re irrelevant to the role.

Here’s when to disclose:

  • If the offense directly impacts the job (e.g., a DUI for a driving role), proactive disclosure shows accountability.
  • Always frame it positively, emphasizing lessons learned, completed probation, and a clean record since.

Being prepared to address concerns confidently can reassure employers of your professionalism and growth.

What Background Check Do Most Employers Use?

Employers commonly use a combination of background checks tailored to the position’s responsibilities and industry requirements. These checks ensure candidates meet legal, safety, and ethical standards while validating their qualifications.

what background check do employers use

Here are the most common background checks:

  • Identity Verification: Confirms a candidate’s name, social security number, address, and date of birth to ensure authenticity.
  • Criminal History Check: Reviews misdemeanors, felonies, and legal charges at county, state, and federal levels.
  • Credit Check: Assesses financial stabilityBackground Check Removal Services in Florida for roles handling money or sensitive data.
  • Motor Vehicle Report (MVR): Evaluates driving history for roles involving transportation.
  • Education and Employment Verification: Validates degrees, certifications, and professional licenses to ensure qualifications.
  • Drug Testing and E-Verify: Ensures legal work eligibility and fitness for safety-critical roles.

Employers may also examine references, social media activity, and federal fingerprint databases to assess trustworthiness and suitability. Anyway, if you worry a lot, you may consider background check removal services in Florida.

What Are The Sources For Background Checks In Florida?

When conducting background checks in Florida, employers typically utilize a combination of state, federal, and local resources. Here are some of the primary sources:

  • Florida Department of Law Enforcement (FDLE): This state agency provides Level 1 and Level 2 background checks. Level 1 checks are name-based and state-only, while Level 2 checks are fingerprint-based and include both state and federal records.
  • County Records: Employers can access court and public records through local county websites to verify criminal, civil, and employment histories.
  • National Databases: For broader checks, employers may use databases like the FBI's Integrated Automated Fingerprint Identification System, which includes nationwide criminal records and other key data.
  • E-Verify: This federal system confirms work eligibility by checking Form I-9 data against government records, ensuring compliance with immigration laws.

By Utilizing these resources, employers can determine factors such as criminal history, work qualifications, and education verification. This thorough review addresses questions like, "Do background checks show employment history?" and ensures informed hiring decisions.

How to Explain a Misdemeanor on a Job Application Example

When addressing a misdemeanor on a job application, it's crucial to demonstrate accountability while focusing on your growth. A misdemeanor can raise questions, and many candidates wonder, “Will a misdemeanor affect employment?” Here’s a general approach:

  • Be Honest: If the application asks about criminal history, answer truthfully.
  • Focus on the Positive: Highlight your growth and rehabilitation since the incident.
  • Address the Issue Directly: Briefly explain the situation, taking responsibility for your actions.
  • Emphasize Positive Changes: Discuss steps you've taken to improve, such as completing a program or seeking counseling.
  • Reiterate Your Commitment: Express your dedication to your career and your ability to contribute positively to the company.
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"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

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