Can you pass a background check with a misdemeanor?

Can you pass a criminal background check with a misdemeanor? Yes. 

Your misdemeanor convictions will show up in a criminal background check—that’s a fact.

But it’s not necessarily a disqualifying factor—some companies are okay with candidates having a record.

What’s more, there’s a chance your old misdemeanor may not even show up in the first place.

Check out our article to learn what offenses go on your record, how they can affect your employment, and whether your criminal record gets cleaned automatically.

Let’s dive in. 

Do misdemeanors go on your record? 

All criminal convictions, including misdemeanors and arrests as well as ongoing, pending, and dismissed cases, will appear on your record, even if charges were dropped.

It doesn’t matter what type of offense you commit—if you get convicted, it will show up.

The same goes for arrest records.

Your criminal record includes not only convictions but also ongoing, pending, and dismissed cases.

So, if you were arrested—that information will be listed, even if the charges were dropped.

To sum it up, here’s what shows up on most criminal background checks:

• Felony convictions (with details)
• Misdemeanor convictions (with details)
• Pending, ongoing, and dismissed cases
• Arrest records
• Court records

Anything in your criminal record will show up in a criminal background check.

Now, let’s see how that misdemeanor may influence your background check review.

Will a misdemeanor affect employment?

Each employer has their own criteria, so whether a misdemeanor affects your job chances depends on the hiring company.

Obviously, it’s best to have no criminal history.

But if you do have some misdemeanors, it’s not the end of the world.

It’s up to each company to decide what offenses are acceptable, and employers usually look at each case individually.

For example, if you’re applying for a chauffeur job, crimes related to driving might indeed hurt your chances.

However, if you had a minor offense, like disorderly conduct in college, most employers might turn a blind eye to it.

In the end, it’s relative and depends on the employer’s viewpoint or internal regulations.

What happens if you fail a criminal screen

If any records come up on your background check that lead to a negative employment decision, the employer is required by law to inform you.

You can also ask for a copy of your background check. While this won’t get you the job, it will help you understand how your background is viewed.

But don’t stop reading just yet.

You can have your misdemeanor offenses expunged or sealed, which means they will be removed from your records.

It’s like they never happened.

Additionally, in some states, this process happens automatically as long as you don’t commit any more offenses.

Let’s dive into it.

How long does a misdemeanor stay on your background check?

A background check typically covers up to ten years, but some go back further. A misdemeanor stays on your record unless expunged or sealed but might not show up if it’s older than the check’s range.

Unless expunged or sealed, a misdemeanor stays on your criminal record indefinitely.

But it doesn’t mean it’ll always show up on the background check.

Here’s what it depends on.

Firstly, it depends on the type of background check and how far back it goes

Some checks only look at a specific time-frame, e.g., the past seven or ten years, while others may show your entire criminal history.

The rule is simple—if the misdemeanor happened before the check’s timeframe, it won’t show up.

Before checking your criminal records, the employer must tell you about it and get your consent. They should also provide details about the check, including how far back it will go.

Secondly, it depends on the state you live in

Some states, like New York, California, and Colorado, have “clean slate” laws that automatically clear your criminal records from misdemeanors after a certain period.

Take New York, for example.

The recently signed Clean Slate Act makes misdemeanors disappear from your record three years after sentencing.

However, this policy has limitations. 

Background checks for certain positions, like law enforcement or childcare, will still show all past offenses, even if they are sealed.

Thirdly, it depends on the misdemeanor and your behavior since the offense

To get your record cleared automatically, you need to stay out of trouble for a certain amount of time—specifics vary from state to state.

Moreover, not all types of offenses are eligible for sealing—sex offenders and some felonies, like murder, are not removed from your records.

If you don’t live in a clean slate state, you can appeal to the court to have your misdemeanor expunged.

You’ll need to present your case to a judge, and factors like the type of offense, how much time has passed, and your behavior will be important.

If your misdemeanor is either expunged or sealed, it won’t appear on criminal record background checks.

Here’s a full list of 12 clean slate states as of August 2024:

(With government links, where applicable)

Pennsylvania (2018)	Virginia (2021)
Utah (2019)	Oklahoma (2022)
New Jersey (2019)	Colorado (2022)
Michigan (2020)	California (2022)
Connecticut (2020)	Minnesota (2023)
Delaware (2021)	New York (2023)

To learn more about the initiative, visit the official Clean Slate State Initiative website.

If your state is not on this list, the misdemeanor stays on your record indefinitely. 

When you may fail a background check with a misdemeanor

There are some instances where having a misdemeanor conviction may indeed hurt your case.

These situations include:

• For law enforcement purposes;
• For licenses or jobs in certain industries needing a criminal background check;
• For jobs working with children, the elderly, or vulnerable people;
• For getting a gun license, commercial driver’s license, or public housing.

To sum it all up

You can pass a background check with a misdemeanor, especially for employment purposes.

Around 1 in 3 Americans have a criminal record—if a misdemeanor were to ruin chances of employment, the US would quickly find itself in trouble.

On top of that, your misdemeanor might not even show up in the background check if:

• Your record is older than the check’s timeframe;
• You live in a state with clean slate laws and qualify for record clearance;
• You have successfully had your records expunged by the court.

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