Will a Misdemeanor Show on a Background Check?
When applying for a job, apartment, or loan, you may be required to undergo a background check. This is a common practice to ensure the applicant is trustworthy and does not have a criminal record. But what about a misdemeanor? Will it show up on a background check?
Direct Answer:
Yes, a misdemeanor may show up on a background check. However, the extent to which it is disclosed depends on various factors, including the type of background check, the jurisdiction, and the specific laws in your state.
What is a Misdemeanor?
Before we dive into the details, it’s essential to understand what a misdemeanor is. A misdemeanor is a criminal offense that is considered less serious than a felony. Misdemeanors are typically punished by a fine, community service, or a short jail sentence (usually less than one year).
Types of Background Checks:
There are several types of background checks, and each has its own requirements and limitations. Here are some common types of background checks:
- State and Federal Background Checks: These checks typically include criminal records from state and federal databases. They may include misdemeanors, but the availability of this information varies by state.
- County and Local Background Checks: These checks may include criminal records from county and local databases. They may also include misdemeanors, but the availability of this information varies by county.
- Employment Background Checks: These checks are usually conducted by employers and may include a review of public records, such as criminal records. They may also include a review of employee references and education records.
- Tenant Screening Background Checks: These checks are usually conducted by landlords and may include a review of public records, such as criminal records. They may also include a review of rental history and credit reports.
Will a Misdemeanor Show Up on a Background Check?
As mentioned earlier, a misdemeanor may show up on a background check, but the extent to which it is disclosed depends on various factors. Here are some scenarios:
- Felony vs. Misdemeanor: If you have a felony conviction, it will almost always show up on a background check. Misdemeanors, on the other hand, may or may not show up, depending on the jurisdiction and the specific laws in your state.
- Public Record vs. Non-Public Record: Misdemeanors that are considered public records may show up on a background check. However, misdemeanors that are considered non-public records, such as those that are sealed or expunged, may not show up.
- State-by-State Variations: Different states have different laws regarding the disclosure of misdemeanors on background checks. For example, some states may allow misdemeanors to be disclosed on background checks, while others may not.
- Age of Conviction: In some states, misdemeanors that are more than a certain number of years old may not be disclosed on background checks. For example, a misdemeanor conviction that is more than 7 years old may not be disclosed.
What to Do if You Have a Misdemeanor on Your Record:
If you have a misdemeanor on your record and are concerned about it showing up on a background check, here are some steps you can take:
- Check Your State’s Laws: Research your state’s laws regarding the disclosure of misdemeanors on background checks. This will help you understand what information may be disclosed and what your options are.
- Consider Expungement: If your misdemeanor is eligible for expungement, you may be able to have it removed from your record. This can help you avoid disclosure on background checks.
- Consider a Record Seal: If your misdemeanor is not eligible for expungement, you may be able to have it sealed. This can help limit the availability of the information on background checks.
- Be Honest: When applying for a job or apartment, be honest about your misdemeanor conviction. Dishonesty can lead to your application being rejected or your lease being terminated.
Conclusion:
A misdemeanor may show up on a background check, but the extent to which it is disclosed depends on various factors, including the type of background check, the jurisdiction, and the specific laws in your state. If you have a misdemeanor on your record and are concerned about it showing up on a background check, it’s essential to research your state’s laws and consider your options. Remember to be honest when applying for a job or apartment, and don’t hesitate to seek legal advice if you need help navigating the process.
Table:
| Type of Background Check | Disclosure of Misdemeanors |
|---|---|
| State and Federal Background Checks | May include misdemeanors, depending on state laws |
| County and Local Background Checks | May include misdemeanors, depending on county laws |
| Employment Background Checks | May include misdemeanors, depending on employer’s policy |
| Tenant Screening Background Checks | May include misdemeanors, depending on landlord’s policy |
Bullet Points:
- Misdemeanors may show up on a background check, but the extent to which they are disclosed depends on various factors.
- State and federal background checks may include misdemeanors, depending on state laws.
- County and local background checks may include misdemeanors, depending on county laws.
- Employment and tenant screening background checks may include misdemeanors, depending on employer or landlord’s policy.
- Misdemeanors that are considered public records may show up on a background check, while those that are considered non-public records may not.
- Different states have different laws regarding the disclosure of misdemeanors on background checks.
- Age of conviction may also affect the disclosure of misdemeanors on background checks.
