Can a Misdemeanor Affect Your Job?
It’s a common concern that many people have: Will a misdemeanor conviction affect their job? The short answer is yes, a misdemeanor can have significant implications for your career. However, the extent of the impact depends on various factors, such as the type of conviction, the severity of the offense, and the occupation you’re in.
What is a Misdemeanor?**
Before we dive deeper into the consequences of a misdemeanor on your job, it’s essential to understand what a misdemeanor is.
**A misdemeanor is a criminal offense that is less serious than a felony** and is typically punishable by fine, imprisonment, or community service. In the United States, misdemeanors can be classified into several levels, including:
• Simple misdemeanors: punishable by a fine or a limited term of imprisonment (generally up to 364 days)
• Misdemeanors: punishable by a fine or imprisonment, but not exceeding 5 years
• Gross misdemeanors: punishable by imprisonment, but not exceeding more than 5 years (or more than 20 days in jail and/ or a fine)
In this article, we will focus on the potential job-related consequences of a **misdemeanor**, regardless of the specific category.
Ways a Misdemeanor Can Affect Your Job**
A misdemeanor can impact your job in numerous ways, including:
Background Checks
When conducting background checks, employers will often search for any felony or misdemeanor convictions on job applicants. A **recent misdemeanor conviction** may significantly impact your job prospects.
• **Many employers check for criminal records** (including misdemeanors) even for entry-level positions
• **Convictions older than 7 years old** may not be accessible to employers (except in certain industries, such as healthcare or law enforcement, where a broader criminal background check is required)
However, it’s crucial to note that **the admissibility of evidence can vary depending on the state and jurisdiction**. Certain states may have specific regulations regarding the use of previous convictions in employment decisions.
Employer Discretion**
Even with a misdemeanor conviction, the employer may still exercise **discretion in determining their hiring decision**.
• **Some employers may deem a misdemeanor conviction a concern**, especially if it reflects poorly on your judgment or character
• **However, other employers may give you a second chance and consider the context and specifics of the conviction**
• **Employers may factor in the following considerations:** the nature of the conviction, the circumstances surrounding it, and any mitigating factors (e.g., a first-time offense)
Licensure and Certification**
Some careers require licensure or certification, which may be put at risk if you’ve been convicted of a **misdemeanor involving moral turpitude**, such as theft, perjury, or assault. **Certain licenses may also be revoked or suspended upon conviction**.
• **Examples of licensure implications:**
+ Medication technicians (frequently require a background check that includes misdemeanor convictions)
+ Real estate agents
+ Lawyers
To mitigate these risks, you should:
• **Act quickly to address any perceived issues** (e.g., seek professional guidance for licensure implications)
• **Be transparent with any potential employers** regarding the conviction
Bulletproofing Your Employment**
While a misdemeanor can have significant consequences, **there are steps you can take to minimize its impact on your job prospects:**
• **Wait:** If you’re planning on applying for a job with a background check, you may want to **pause your job search for up to 7 years or more**, depending on state laws and industry regulations. This can help mitigate potential concerns.
• **Explore alternative careers:** **Gross misdemeanors and multiple misdemeanor convictions may impact entire industries**, such as certain government positions, finance, or healthcare. In some cases, **exploring alternative careers may be less affected by your misdemeanor convictions**.
• **Use your conviction as an opportunity for growth:** **Pursue professional guidance,** such as career counseling, to help you develop strengths and skills that may attract potential employers.
**Tables:**
| Type of Conviction | Impacted Careers | Alternative Options | Timeframe for Job Seekers |
| — | — | — | — |
| Misdemeanor | Government, Financial, Healthcare | Exploring alternative careers | Up to 7 years |
| Gross Misdemeanor | Certain government positions | Pursuing education/training | Up to 1 year |
**Conclusion:**
A misdemeanor can, indeed, affect your job, but the impact often depends on the type and severity of the offense. **Employers will view your conviction as part of your overall background and use their discretion when making employment decisions**. To limit the consequences of a misdemeanor on your job prospects:
• **Act quickly:** Address any perceived issues surrounding your conviction
• **Be transparent:** Open up about your conviction to potential employers
• **Expand your job search:** Exploring alternative careers and occupations may be less affected by your misdemeanor convictions
It’s essential to be honest and proactive in managing any potential job-related implications surrounding a misdemeanor conviction. If you’re unsure about your specific situation, consult professional guidance or legal experts.
