Will a Misdemeanor Show Up on a Background Check?
When applying for a job, renting an apartment, or pursuing a loan, a background check may be conducted to verify your criminal history. But what happens if you have a misdemeanor on your record? Will it show up on a background check? The answer is not a simple yes or no.
What is a Misdemeanor?
A misdemeanor is a type of criminal offense that is punishable by a fine, community service, or a sentence of up to one year in jail. Misdemeanors are typically considered less serious than felonies, which are punishable by a sentence of more than one year in jail.
How Do Background Checks Work?
Background checks typically involve a search of publicly available records, including criminal records, to identify any criminal activity. The most common types of background checks are:
- Local Criminal Records Search: A search of local law enforcement records to identify any arrests, convictions, or warrants.
- State Criminal Records Search: A search of state criminal records to identify any convictions, including misdemeanors and felonies.
- Federal Criminal Records Search: A search of federal criminal records to identify any convictions, including felonies and misdemeanors.
Will a Misdemeanor Show Up on a Background Check?
The answer to this question depends on the type of background check being conducted and the state in which the misdemeanor was committed.
- Local Background Checks: A local background check may not necessarily show a misdemeanor conviction if it was not reported to the local law enforcement agency or if the agency does not have a record of the conviction.
- State Background Checks: A state background check will typically show a misdemeanor conviction if it was reported to the state criminal records database. However, some states may not report misdemeanor convictions to the state database, in which case they may not show up on a state background check.
- Federal Background Checks: A federal background check will typically show a misdemeanor conviction if it was reported to the federal criminal records database. However, some federal agencies may not consider misdemeanors as part of the background check process.
Factors That Affect Whether a Misdemeanor Will Show Up on a Background Check
The following factors can affect whether a misdemeanor will show up on a background check:
- Reporting Requirements: Some states may not require law enforcement agencies to report misdemeanor convictions to the state or federal database.
- Sealing or Expungement: In some states, it is possible to seal or expunge a misdemeanor conviction, which can prevent it from showing up on a background check.
- Time Limits: Some states may have time limits on how long a misdemeanor conviction can remain on a background check report.
- Type of Misdemeanor: The type of misdemeanor, such as a traffic violation or a minor drug offense, may not be considered as serious as other types of misdemeanors, such as domestic violence or theft.
Consequences of a Misdemeanor Showing Up on a Background Check
If a misdemeanor shows up on a background check, it can have significant consequences, including:
- Job Opportunities: A misdemeanor conviction can prevent you from getting hired for a job, even if it is unrelated to the offense.
- Renting an Apartment: A misdemeanor conviction can prevent you from renting an apartment, even if it is in a different state.
- Loan Approval: A misdemeanor conviction can prevent you from getting approved for a loan or credit card.
- Professional Licensure: A misdemeanor conviction can prevent you from getting licensed in a particular profession, such as law or medicine.
What Can You Do If a Misdemeanor Shows Up on a Background Check?
If a misdemeanor shows up on a background check, you may want to consider the following options:
- Appeal the Conviction: If the conviction was based on a technicality or was not properly handled, you may be able to appeal the conviction and have it expunged or sealed.
- Seek Expungement: In some states, it is possible to seek expungement of a misdemeanor conviction, which can prevent it from showing up on a background check.
- Provide Additional Information: You may be able to provide additional information to the employer or creditor to explain the circumstances surrounding the misdemeanor conviction.
- Consider a Second Chance: Some employers and creditors may be willing to give you a second chance despite a misdemeanor conviction.
Conclusion
In conclusion, whether a misdemeanor will show up on a background check depends on the type of background check being conducted, the state in which the misdemeanor was committed, and the reporting requirements of the state and federal agencies. If a misdemeanor shows up on a background check, it can have significant consequences, including preventing you from getting hired for a job, renting an apartment, or getting approved for a loan. However, there are steps you can take to address the issue and provide additional information to help explain the circumstances surrounding the misdemeanor conviction.
