Do Traffic Misdemeanors Show Up on Criminal Background Checks?
When it comes to job applications, rentals, and other important situations, knowing how to protect your record is crucial. One of the most common concerns people have is about traffic misdemeanors and their impact on criminal background checks. Can these minor offenses ruin your chances of securing a loan, getting hired, or even renting a home?
In this article, we’ll delve into the specifics of traffic misdemeanors, their reporting on criminal background checks, and what it means for your overall reputation.
What Are Traffic Misdemeanors?
A traffic misdemeanor is a minor criminal offense related to traffic violations. These charges typically involve less severe punishments than felonies, with fines, probation, and even community service being more common outcomes. Common traffic misdemeanors include:
• Speeding
• Reckless driving
• Driving without a valid license
• Failure to yield
• DUI or DWI
• Excessive noise disturbance
Contents
Do Traffic Misdemeanors Show Up on Criminal Background Checks?
The short answer is: maybe.
Whether a traffic misdemeanor will appear on your criminal background check depends on several factors, including the jurisdiction where the offense took place and the type of background check being conducted. Here are some key considerations:
Private Background Checks
Most private background checks, including those conducted for employment screening, typically look for records in the jurisdiction where the individual resides, works, or has previous addresses. Traffic misdemeanors, in this case, usually won’t show up unless:
• The misdemeanor is severe (e.g., DUI)
• It occurred in a jurisdiction with strict reporting laws
• The individual was previously charged or convicted of a related crime
Type of Background Checks
Criminal background checks can take various forms, each with its reporting scope. These include:
Employment Background Checks
Employment background checks typically focus on identifying records relevant to employment, such as:
- Criminal history (felonies, misdemeanors)
- Previous work history and performance
- Education
- Verifications (Social Security number, driver’s license)
Employment checks usually do not include:
- Civil court records
- Arrest records without a conviction
Tenant Screening Background Checks
Tenant screening background checks, on the other hand, are primarily concerned with:
- Rental history (previous addresses and landlords)
- Creditworthiness (credit score)
- Income
- Prior evictions
- Arrest records without a conviction (depending on state laws)
Tenant screening checks often overlook minor traffic infractions like speeding or failure to yield.
Federal Background Checks
Federal background checks, typically used for high-security clearance, law enforcement, and certain government jobs, screen for:
• Felony convictions
• Misdemeanor convictions, including violent crimes
• Sex crimes
• Criminal records (state and federal)
While traffic misdemeanors are typically not included, violent or serious misdemeanors might still be reported. These checks might also highlight civil court records, court-ordered arrests, or probation violations.
State-by-State Varying Reports
Laws governing the reporting of traffic misdemeanors on background checks differ between states. Some jurisdictions, like California, Georgia, and North Carolina, exclude minor traffic infractions from background reports. Other states, such as Louisiana and New Jersey, may include these infractions under specific circumstances. It’s essential to be aware of your state’s laws to ensure accurate understanding.
Takeaways and Best Practices
To keep your traffic misdemeanor record hidden from view, consider:
• Maintaining a good driving record by avoiding fines and license suspensions
• Appealing or clearing up traffic violations
• Filing a petition to expunge or seal criminal records in certain jurisdictions
If You Have a Traffic Misdemeanor on Your Record
Take the following steps:
- Review your state’s laws on reporting traffic misdemeanors to determine the scope of what might be reported
- Ensure you comply with the reporting requirements of any current or future job, loan, or rental applications
- Document any mistakes or inaccuracies on your report and petition for corrections if necessary
Conclusion
Traffic misdemeanors do show up on criminal background checks, but the scope of reporting varies by jurisdiction, type of check, and severity of the offense. Being aware of the differences can help you manage your criminal record and increase your chances of securing desirable opportunities.
By understanding what information is included in criminal background checks, you can proactively manage your reputation, correct mistakes, and clear your name to increase your chances of success. Remember to research your state’s laws, consult with an attorney if necessary, and take the necessary steps to protect your record.
