Can a Misdemeanor Affect Getting a Job?
Many individuals may wonder if having a misdemeanor on their criminal record will significantly impact their ability to secure employment. The answer is yes, and this article will outline how a misdemeanor can potentially impact one’s job prospects, the laws surrounding disclosures of criminal history, and provide some strategies for getting a job despite a misdemeanor on one’s record.
How Does a Misdemeanor Impact Job Prospects?
A misdemeanor, unlike a felony, is typically classified as a less serious offense that is punishable by imprisonment in a local jail, or less than one year, community service and/or fines. While a felony is more severe and considered more impactful on one’s employment opportunities, a misdemeanor can still have significant repercussions. Here are a few ways a misdemeanor may impact job prospects:
- Disclosures required for some jobs: Depending on the state and occupation, some employers may request candidates disclose any criminal convictions on their application or as part of the hiring process.
- Background checks: Many employers conduct thorough background checks on potential hires, which can reveal prior arrests or convictions, even if the charges were reduced to a misdemeanor.
- Potential bias: Discrimination due to a person’s criminal record can be a persistent and widespread issue in the workplace, reinforcing systemic racial disparities. Employers with unconscious bias may disproportionately penalize job applicants with misdemeanor convictions, regardless of rehabilitation efforts.
Criminal History Disclosure and Notification Requirements
To ensure transparency, federal laws require employers to adhere to certain guidelines when conducting background checks or reviewing an applicant’s criminal history. Important notifications include:
Law | Requirements | Employer Protections |
---|---|---|
EEOC | Fair Housing Act | Prevents discrimination on |
The Brett Cunningham Law stipulates that employers must reasonably link an individual’s employment conduct to a specific security issue to deny employment.
Federal Law | Requirements |
---|---|
Title 42 USC 922 | Convictions over 3 years old do |