Do You Have to Tell Your Employer About a Misdemeanor?
When applying for a job or beginning a new position, job seekers are often asked about their criminal history. But what if you have a misdemeanor on your record? Do you have to disclose it to your employer? This article will provide a straightforward answer to this question, highlighting the legal implications, employer policies, and important considerations for job seekers with a misdemeanor conviction.
What is a Misdemeanor?
A misdemeanor is a lesser offense than a felony, but still considered a crime. Misdemeanors are typically punished by a fine or short-term imprisonment, such as up to one year. Examples of misdemeanors include petty theft, disorderly conduct, or minor drug offenses.
Do You Have to Tell Your Employer About a Misdemeanor?
The answer to this question depends on the specific job and employer. While some employers may ask about criminal history on their application or during the interview process, others may not.
Legal Obligations
Under the Federal Fair Credit Reporting Act (FCRA), employers are required to notify applicants of any background check policies and obtain consent before conducting one. FCRA does not mandate disclosure of misdemeanor convictions unless the offense is considered a disqualifying offense by the employer or federal regulations.
Employer Policies
Most employers have their own policies regarding misdemeanor disclosure. Some may require disclosure of any criminal conviction, while others may only ask about convictions related to fraud, theft, or violent offenses. It’s essential for job seekers to review employer policies and understand their specific requirements.
Consequences of Non-Disclosure
Failing to disclose a misdemeanor conviction when required can have serious consequences, including:
- Job termination: Employers may terminate employment if a conviction is discovered and was not disclosed.
- Loss of security clearance: Misdemeanors may affect the ability to obtain or maintain security clearances.
- Damage to reputation: Non-disclosure can lead to accusations of dishonesty, potentially damaging the individual’s reputation.
Important Considerations for Job Seekers
Before deciding whether to disclose a misdemeanor conviction, consider the following:
- Review employer policies: Understand the employer’s stance on criminal history and any specific requirements for disclosure.
- Evaluate the severity of the offense: Consider the severity of the misdemeanor and its potential impact on your employability.
- Check for rehabilitation: If the conviction has been expunged or sealed, this may affect the disclosure requirements.
- Prepare for potential consequences: Be prepared to explain the circumstances surrounding the conviction and any rehabilitation efforts.
Disclosure: When to Tell and When to Hide?
Here’s a table summarizing the guidelines:
| Situation | Disclosure Required? | Explanation |
|---|---|---|
| Job requires background check | Yes, unless conviction is minor or old | Employers must notify applicants of background check policies |
| Employer policy requires disclosure | Yes, for all convictions | Employers have their own policies for disclosing criminal history |
| Conviction is related to fraud or theft | Yes, regardless of policy | These convictions are often considered disqualifying |
| Conviction is old or minor | Maybe, evaluate severity and employer policy | Disclose if conviction may still affect employment or reputation |
Conclusion
Disclosure of a misdemeanor conviction is a personal decision that depends on various factors, including the specific job, employer policies, and individual circumstances. Honesty is generally the best policy, but it’s crucial to consider the potential consequences of non-disclosure. Job seekers with a misdemeanor conviction should carefully review employer policies and weigh the pros and cons of disclosure before making a decision.
Remember, a misdemeanor conviction is not a deal-breaker, but honesty and transparency are essential when seeking employment. By understanding the legal implications, employer policies, and important considerations, job seekers can make informed decisions and achieve successful career outcomes.
