Will I Pass a Background Check with a Misdemeanor?
As you apply for a job, housing, or any other opportunity that requires a background check, it’s natural to worry about your criminal record. Specifically, if you have a misdemeanor on your record, you may wonder if it will affect your chances of passing the background check. In this article, we’ll dive into the details of what a background check is, how misdemeanors are evaluated, and what you can do to increase your chances of passing.
What is a Background Check?
A background check is a thorough investigation into an individual’s criminal history, employment history, and credit history. The purpose of a background check is to verify an individual’s claims and identify any potential risks or concerns. There are different types of background checks, including:
• Federal Background Check: Typically conducted for government positions, federal contractors, or employment with federal agencies.
• State Background Check: Conducted for employment or licensing in a specific state.
• Local Background Check: Conducted for employment, housing, or other opportunities within a local jurisdiction.
How Do Misdemeanors Affect Background Checks?
Misdemeanors are typically non-violent criminal offenses, punishable by less than one year in jail. In the United States, the evaluation of a misdemeanor during a background check varies by state and the specific agency conducting the check. Here are some key factors to consider:
• Type of Misdemeanor: The severity of the misdemeanor, including the crime committed and the outcome of the case (e.g., conviction, sentence, or probation), affects the background check result. Felony misdemeanors, such as domestic violence, assault, or theft, may be more likely to trigger a failed background check compared to less severe misdemeanors, like disorderly conduct or disturbing the peace.
• Length of Time since Conviction: The longer it has been since the misdemeanor conviction, the less likely it will impact the background check. Background check rules often allow for a "statute of limitations," which varies by state (e.g., 7-10 years).
• Employer or Organization Policy: Different employers and organizations have varying policies regarding criminal records, including misdemeanors. Some may consider misdemeanors more seriously than others.
What to Expect During a Background Check with a Misdemeanor
If you have a misdemeanor on your record and are facing a background check, here’s what you can expect:
• Disclosure of Misdemeanor: The background check will likely reveal your misdemeanor conviction, including the offense, sentence, and outcome.
• Evaluation by the Background Check Company: The background check company will review your criminal record and assess the impact of the misdemeanor on your background check result.
• Adverse Action: If the misdemeanor is deemed relevant to the position or opportunity, the employer or organization may take adverse action, such as denying your application or offer.
Mitigating Factors that May Help Pass a Background Check with a Misdemeanor
While having a misdemeanor on your record may increase the risk of failing a background check, there are mitigating factors that may help:
• **Expungement: In some states, misdemeanors can be expunged, which means they are removed from your criminal record. Expungement can increase your chances of passing a background check.
• **Sealed Records: Some states allow for sealed records, which restrict access to criminal records. Sealed records may not be disclosed during a background check.
• **Work History and Education: Highlighting a strong work history and education can demonstrate to the employer or organization that you have rehabilitated and are no longer a risk.
• **Job-Specific Requirements: In some cases, certain employers or organizations may be exempt from conducting background checks, or the check may focus on specific areas, like drug use or violent behavior.
Table: Comparison of Background Check Results for Felonies and Misdemeanors
| Factor | Felony | Misdemeanor |
|---|---|---|
| Severity | Serious, punishable by >1 year | Less serious, punishable by <1 year |
| Impact on Background Check | More likely to fail | Less likely to fail |
| Length of Time since Conviction | More impact after a longer period | Less impact after a shorter period |
| Employer Policy | Varies, often more strict | Varies, often more lenient |
Conclusion
Having a misdemeanor on your record does not automatically mean you will fail a background check. The type of misdemeanor, length of time since conviction, and employer or organization policy all play a significant role in the evaluation. By understanding the factors that contribute to a background check and identifying mitigating factors, you can increase your chances of passing a background check with a misdemeanor. Remember to research the specific laws and policies of the state and organization you are applying to and consider consulting with an attorney or a professional background check service if you have concerns.
