Does Having a Misdemeanor Affect Getting a Job?
Having a misdemeanor on your record can be a daunting experience, especially when you’re on the job hunt. Will it hinder your chances of getting hired? The answer is yes, but to what extent?
A Misdemeanor in Perspective
Before we dive into the nitty-gritty, it’s essential to understand what a misdemeanor is. A misdemeanor is a minor criminal offense punishable by law, typically involving fines and/or short periods of incarceration. In contrast, a felony is a more severe crime, carrying harsher penalties and significantly impacting employment prospects.
Employment Landscape
The unemployment rate and job market vary across different industries, countries, and states. However, in the United States, the Job Accommodation Network (JAN) reported that employers are generally less likely to hire individuals with a misdemeanor record, particularly those in customer-facing roles.
Key Factors Affecting Employability
Here are the primary factors influencing an employer’s decision when considering candidates with a misdemeanor record:
- Severity of the offense: If the offense is severe (e.g., assault or theft), it may raise more red flags than a minor infraction (e.g., petty theft or disorderly conduct).
- Duration since the conviction: If the conviction was recent (e.g., within the past few years), employers may be more hesitant than if the offense occurred decades ago.
- Candidate’s honesty: Employers often prioritize trustworthiness, so concealing or hiding a misdemeanor can be detrimental to one’s chances.
Impact on Job Application and Hiring Process
Job Application
- Employers may perform background checks, which may reveal a misdemeanor conviction.
- Online job applications may ask specific questions about prior convictions, including misdemeanors.
Hiring Process
- Pre-interview screenings: Employers may exclude candidates with certain types of misdemeanors during the pre-interview stage.
- In-person interviews: Candidates may be asked directly about their convictions, forcing them to confront the stigma associated with having a misdemeanor.
- Reference checks: Previous employers or academic institutions may disclose information about a candidate’s misdemeanor during reference checks.
Tactics to Enhance Job Prospects
While a misdemeanor can make it challenging to secure a job, there are steps you can take to minimize its impact:
- Be transparent: When asked about a misdemeanor, answer honestly and provide context if possible.
- Emphasize personal growth: Highlight the measures you’ve taken to correct past mistakes, such as counseling, education, or community service.
- Tailor your application materials: Remove references to questionable behavior or minimize mentions of the offense on your resume.
- Highlight transferable skills: Showcase skills developed during internships, part-time jobs, or volunteering to demonstrate value to potential employers.
Employers’ Policies on Misdemeanors
Some industries and companies may have zero-tolerance policies, while others may take a more lenient approach. In the US, employers with 15 or more employees must comply with the EEOC’s guidelines regarding employee background checks, which prohibit employers from inquiring about non-conviction records (e.g., arrest or charge information) that occurred more than 7 years prior to the inquiry, unless:
| Employer Reasoning | Relevant Context |
|---|---|
| Job-related or business necessity | Employer’s concern directly related to job duties, and/or public safety is at stake. |
| Rehabilitation purposes | Employer uses the information for legitimate reintegration into the workforce efforts. |
| Voluntary disclosure | Employee explicitly acknowledges the criminal history in a job application or interview. |
Conclusion
While having a misdemeanor on your record may reduce job opportunities, it is not an insurmountable barrier. By acknowledging the impact, being proactive, and tailoring your job search, you can increase your chances of success. Employers may vary in their tolerance, but most prioritize hiring reliable, responsible, and law-abiding individuals.
In the context of job application and hiring processes, honesty, context, and strategic self-marketing can mitigate the effect of a misdemeanor conviction. When seeking employment, it is essential to remember that most employers value trustworthiness and potential over past missteps. With the right approach, even individuals with a misdemeanor on their record can land job opportunities that align with their skills, experience, and goals.
Resources:
- National Employment Lawyers Association (NELA): Provides legal guidance for individuals with criminal records in the US job market.
- Job Accommodation Network (JAN): A US government resource offering tips and tools for job seekers with criminal records.
- EEOC’s guidelines on criminal history inquiries: Details employer requirements for querying criminal history.
Remember: With the right mindset, skills, and strategies, having a misdemeanor on your record doesn’t have to define your future. Focus on showcasing your strengths and growth, and you may be surprised at the doors that open up for you.
