Can You Pass a Federal Background Check with a Misdemeanor?
When applying for certain jobs, licenses, or government positions, an applicant may be required to undergo a federal background check. These checks are intended to reveal any criminal activity, including misdemeanors, to ensure public safety and maintain security. But what does this mean for individuals who have been convicted of misdemeanors?
What Is a Misdemeanor?
Before we delve into the specifics of background checks, it’s essential to understand what a misdemeanor is. A misdemeanor is a type of criminal offense that is considered less serious than a felony. According to the Federal Bureau of Prisons (BOP), a misdemeanor is an offense punishable by:
• Imprisonment in the local jail or local custody for a term not exceeding 1 year; or
• Imposition of a fine only, or both *for the same offense,*
• Imprisonment in the state penitentiary or Federal Prison System for a term exceeding 1 year
Some examples of misdemeanors include:
• Simple battery or assault
• Vandalism
• Traffic violations
• Disorderly conduct
Federal Background Check Types
There are three types of federal background checks, each with its own guidelines and requirements:
1. Form SF-85: A federal background check for hiring civilians for federal agencies.
2. Form SF-85P: A federal background check for hiring contractors for federal agencies.
3. Form NIPA 1300: A background check for accessing nuclear energy information.
Do You Pass a Federal Background Check with a Misdemeanor?
While each type of background check has its own specific criteria, there are some common elements to consider when seeking approval. Here are a few factors that can affect whether an individual with a misdemeanor passes a federal background check:
1. The age of the conviction: For Form SF-85, applicants with a prior misdemeanor conviction for non-violent offenses will have their application delayed 6-12 months for approval.
2. Type of misdemeanor: Serious, violent, or weapons-related misdemeanors may trigger denial of the application, depending on the type and length of the sentence, or the crime may not be relevant if there were no prison terms served.
3. Repercussions and potential: Some misdemeanors can show a pattern of negative behavior or indicate a greater potential for future criminal behavior.
4. Application’s specific requirements: Some applications require additional scrutiny or denial for specific types of misdemeanor offenses, such as controlled substances, weapons, or violations related to public integrity or financial crimes.
To demonstrate compliance, the hiring authority or background investigator assess the mitigating and aggravating factors, examining:
• The extent to which the individual understands their past actions and makes ameliorative statements
• The length and level of community-based penalties, such as rehabilitation or supervision
• Relevant job skills, education, and character references, along with any subsequent evidence of good behavior
Considering the individual’s entire legal, professional, and moral conduct
Conclusion and Advice
While having a misdemeanor on your record doesn’t automatically disqualify you from passing a federal background check, it is essential to understand the complex variables at play. With meticulous evaluation and presentation, however, individuals with felonies or criminal charges can demonstrate an acceptance of responsibility, address shortcomings, and ultimately mitigate negative implications.
If your case is particularly complex, you may want to hire a professional for consultation, guidance, or potential appeals. By maintaining good standing, staying consistent in their actions, continuing education and vocational skill-building, and participating actively in community life and responsibilities, individuals with minor charges can demonstrate a responsible track record and enhance the prospects for their application.
A little diligence and foresight go a long way! Take proactive steps to navigate potential background check challenges before a new opportunity arises!
I hope this article assists and guides you through understanding and preparing for federal background checks.
