Will a Misdemeanor Affect Employment? What Employers Can See and Ask

Short answer: It can, but often less than people fear. A misdemeanor conviction can appear on background checks, and some jobs (working with children, handling money, security, healthcare, government) look at records closely. But many US states and cities limit when and how employers can ask, employers are supposed to judge whether the offence actually relates to the job, and in many places you can get the record sealed or expunged.

"Misdemeanor" is a US term for less serious crimes, usually punishable by up to a year in jail. Canada's closest equivalent is a summary conviction offence, and we cover Canadian rules below.

Will a misdemeanor show up on a background check?

Usually, yes, unless it has been sealed or expunged. Under the federal Fair Credit Reporting Act, background check companies:

• Can report convictions with no time limit
• Can't report arrests that didn't lead to a conviction if they are more than seven years old (for most jobs paying under $75,000 a year)

Some states set shorter limits. If a background check affects a hiring decision, the employer must give you a copy of the report and a chance to dispute errors before making a final decision.

Ban-the-box laws

"Ban-the-box" laws stop employers from asking about criminal records on the job application. Instead, they can only ask later, often after a conditional job offer. More than 35 states and many cities have these laws for public jobs, and a number of them, including California, Illinois, New York City and others, extend them to private employers.

The point is to let you be judged on your skills first. It does not hide your record forever.

Can an employer refuse to hire you over a misdemeanor?

Often yes, but not always. Federal guidance from the Equal Employment Opportunity Commission says employers should not use blanket bans on anyone with a record. They should consider:

• The nature of the offence and how it relates to the job
• How long ago it happened
• The type of job

A shoplifting conviction from eight years ago is hard to justify as a reason to reject a warehouse worker. A recent fraud conviction is more relevant to a bookkeeping job. Some states and cities, such as California under its Fair Chance Act, require employers to do an individual assessment and give you a chance to respond before rejecting you.

Some jobs are different. Laws often bar people with certain convictions from working with children, vulnerable adults, firearms, or in some licensed professions.

Clearing your record: expungement, sealing and Clean Slate

• Expungement or sealing removes a conviction from public view. Rules vary by state: what offences qualify, how long you must wait, and whether you need to file a petition.
• Clean Slate laws seal eligible records automatically after a waiting period, with no petition needed. Pennsylvania passed the first one in 2018, and more than a dozen states have followed, including Michigan, New York and California.

Once a record is sealed or expunged, you can usually answer "no" to most private employers who ask about convictions, though some government and licensing applications still require disclosure.

Canada: summary convictions and record suspensions

In Canada, a criminal record can affect jobs that require a police check or vulnerable sector check.

• Record suspension (pardon): You can apply to the Parole Board of Canada to have your record kept separate from other records. The waiting period is five years after completing your sentence for summary conviction offences and ten years for indictable offences. The application fee is $50.
• Human rights protection: Some provinces protect you. British Columbia's Human Rights Code bars employers from refusing to hire you for a conviction unrelated to the job. Ontario's Human Rights Code protects people with a "record of offences," which covers provincial offences and federal offences for which a pardon or record suspension has been granted.
• Discharges: If you received an absolute or conditional discharge, you were not convicted, and the record is automatically removed from the national police database after one year (absolute) or three years (conditional).

How to handle it in a job search

1. Get a copy of your own record so you know exactly what an employer will see.
2. Check if you qualify for sealing, expungement or a record suspension. Legal aid clinics often help for free.
3. Don't lie on an application that asks directly. Being caught is usually worse than the record.
4. Prepare a short, honest explanation focused on what you've done since.
5. Look for fair-chance employers, who commit to considering applicants with records.

Sources

• Fair Credit Reporting Act, 15 U.S.C. § 1681c
• EEOC Enforcement Guidance on Arrest and Conviction Records
• Parole Board of Canada: Record suspensions
• Ontario Human Rights Commission: Record of offences
• California Department of Civil Rights: Fair Chance Act