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It is easy to dismiss a misdemeanor as a slap on the wrist. Unlike a felony, you probably didn't serve time in a state prison, and you didn't lose your right to vote. Because the legal system treats misdemeanors as minor offenses, many people mistakenly believe employers will do the same. If you are applying for jobs and wondering, "Will a background check show a misdemeanor?" you need to prepare yourself for the reality of corporate hiring practices.
A misdemeanor may be minor in the eyes of the law, but to a hiring manager sifting through a stack of identical resumes, it can be the exact excuse they need to put your application in the "No" pile.
The Short Answer: Yes
Let's cut right to the chase: Yes, a standard employment background check will show a misdemeanor conviction.
When you are convicted of a misdemeanor (whether by a judge, a jury, or by accepting a plea deal), that conviction becomes a public record. Commercial background check companies (like Checkr, HireRight, and Sterling) build their databases by scraping county court records. Because your misdemeanor is sitting in that county clerk's database, the background check company will find it and report it to your potential employer.
It does not matter if it was just a DUI, a petty theft charge from college, or a simple possession charge. If it is on your public record, the algorithm will pull it.
Why a "Minor" Offense Still Matters
You might assume that an employer won't care about a minor misdemeanor. Sometimes, this is true. A construction company might not care about a 5-year-old public intoxication charge.
However, corporate HR departments are intensely risk-averse. They use background checks as a filter. Consider these common scenarios:
- The DUI: If the job requires driving a company vehicle (or even a rental car for corporate travel), the company's insurance policy may explicitly forbid hiring anyone with a DUI on their record, regardless of how minor the actual incident was.
- Petty Theft/Shoplifting: If you are applying for a retail job, a bank, or any position handling company finances, a theft misdemeanor, even for stealing a $10 item five years ago, is an immediate disqualifier. It speaks to a "crime of moral turpitude."
- Simple Assault: A bar fight resulting in a misdemeanor assault charge can make an HR department fear liability for "negligent hiring" if you ever get into a dispute with a coworker.
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Check Eligibility FreeConviction vs. Arrest: A Crucial Distinction
It is vital to distinguish between a misdemeanor conviction and a misdemeanor arrest.
If you were arrested for a misdemeanor, but the charges were later dropped, or you completed a pretrial diversion program that resulted in a dismissal, you do not have a conviction.
As we covered in our guide on dismissed charges, the arrest record itself will still show up on a background check, which can still look bad to an employer. However, under federal law, you have more protections regarding how long an employer can see that non-conviction.
The FCRA 7-Year Rule for Misdemeanors
Under the federal Fair Credit Reporting Act (FCRA), there is a strict 7-year limit on reporting non-convictions (like a dismissed misdemeanor). Once seven years have passed from the date of the arrest, the background check company must legally remove it from your report.
But what about a misdemeanor conviction?
Under federal law, a conviction can be reported indefinitely. A misdemeanor conviction from 1995 is still legally reportable today under the FCRA.
Fortunately, several progressive states (like California, Texas, New York, and Massachusetts) have passed state-level laws that override the federal FCRA, preventing the reporting of any criminal record, including misdemeanor convictions, after seven years. You should check our guide on how far back background checks go to see if your state offers this protection.
The Silver Lining: Expungement is Easier
While it is frustrating that a minor misdemeanor can cause such major headaches in your job search, there is a significant silver lining: Misdemeanors are incredibly easy to expunge.
Because state legislatures agree that minor crimes should not result in lifelong punishment, the statutory requirements for clearing a misdemeanor are far lower than those for clearing a felony.
- Shorter Waiting Periods: While a felony might require a 5-to-10-year wait after completing your sentence, many states allow you to file for a misdemeanor expungement just 1 or 2 years after your probation ends.
- Higher Approval Rates: Judges have broad discretion when granting expungements. They are highly likely to approve a petition for a non-violent misdemeanor, provided you haven't committed any new crimes.
- Less District Attorney Pushback: Prosecutors rarely waste their limited time and resources fighting a standard misdemeanor expungement petition.
Once you receive an expungement (or an order for record sealing), the misdemeanor is legally hidden or destroyed. The background check company can no longer report it, and you can confidently check the "No" box when an employer asks if you have ever been convicted of a crime.
Don't let a minor mistake cause major problems.
You are likely eligible to clear that misdemeanor right now. Use our system to check your eligibility and generate the required court documents.
Frequently asked questions
- Will a misdemeanor show up on a background check?
- Yes. A misdemeanor conviction generally appears on a standard criminal background check and can remain visible for years unless the record is expunged or sealed.
- How long does a misdemeanor stay on your record?
- A misdemeanor conviction typically stays on your record indefinitely unless you take legal action to expunge or seal it. Some states cap how far back employers can look, usually around 7 years.
- Can you remove a misdemeanor from a background check?
- Often yes. Many misdemeanors are eligible for expungement or sealing after a waiting period, which removes them from standard background checks.
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Community Discussion & Questions
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Do landlords check for misdemeanors? I applied for a 2-bedroom apartment in a nice complex and was rejected due to an 'unsatisfactory background check.' The only thing on my record is a 3-year-old misdemeanor noise violation/disorderly conduct.
Yes, Danielle! Tenant screening companies (like AppFolio, RealPage, and TransUnion SmartMove) use aggressive automated scoring algorithms. Many property management companies set blanket policies rejecting any applicant with an active misdemeanor conviction within the last 5 or 7 years. Once expunged, the court orders the record removed from consumer reporting databases, allowing you to pass tenant screenings easily.
I stole a $15 item when I was an 18-year-old college freshman 6 years ago. Paid a fine and did 20 hours of community service for misdemeanor petty theft. I just graduated with my accounting degree and received a tentative offer at an audit firm, but now Checkr is screening me. Will a 6-year-old $15 misdemeanor theft disqualify me from an accounting career?
Hi Brianna! The hard reality is that corporate finance, banking, and accounting firms have zero-tolerance automated screening matrices for any theft, fraud, or larceny conviction because regulatory compliance classifies them as 'crimes of moral turpitude' (under FINRA and FDIC guidelines). Even if it was $15, automated screening software flags it. You should prioritize expunging this immediately—misdemeanor petty theft is one of the highest-approval expungement categories in virtually every state!
@Brianna C* Had almost the exact same situation (Class B misdemeanor shoplifting from 2018). Lost a junior financial analyst job offer because of it. I hired ExpungePro to clear it—got the court order in 8 weeks, sent the update to the screening bureau, and landed a role at a regional bank 3 months later. Don't let a $15 mistake derail a 4-year degree!
When the officer stopped me for trespassing at an abandoned building, he handed me a citation and said 'just pay the fine online.' I paid the $250 online thinking it was like a parking ticket. Now I found out it went on my record as a criminal Class B misdemeanor conviction! How was I supposed to know paying a ticket equals a criminal conviction?
Jordan, this is one of the most deceitful traps in municipal and district courts! Paying a fine on a criminal citation without appearing in court or requesting deferred disposition constitutes an automatic guilty plea in absentia. That turns the ticket into a permanent criminal conviction on your public record. The good news: minor citations that became misdemeanor convictions are prime candidates for record sealing or expungement, and judges grant them very quickly!
I have a 4-year-old first-offense misdemeanor DUI. I got through 3 rounds of interviews for an outside medical sales rep position that pays $95k + bonus, but the job includes a company car. The recruiter called and said the commercial fleet insurer rejected my driver profile. Can expunging the DUI solve the insurance problem?
Yes, Keith! Commercial auto and fleet liability insurers pull standard motor vehicle and criminal records when underwriting company drivers. If a court enters an expungement order and directs the state criminal repository and court clerk to clear or seal the criminal conviction record, third-party employment screeners can no longer report the criminal DUI conviction. Once sealed, fleet underwriters can approve your driver clearance!
@Keith M* Dealt with this in pharmaceutical sales! The fleet manager literally told me: 'If you get this expunged, our underwriter will clear you.' Expunged my 2019 misdemeanor DUI in Pennsylvania, and by my next corporate review, the policy cleared without a hitch.
Got into a stupid scuffle at a tailgate party in 2021. Pled guilty to misdemeanor simple assault to avoid trial and just paid court costs. Now HR departments keep ghosting me after the background check phase for remote software jobs. Why does a remote tech company care about a minor scuffle from 5 years ago?
Corporate HR legal teams dread 'negligent hiring' lawsuits. Even for fully remote positions, automated background screening matrices often categorize any violent misdemeanor—regardless of severity—as an automatic tier-1 risk flag. Expunging a misdemeanor assault removes the public docket entirely, so the screening algorithm returns a clean 'Pass' status to the hiring manager.
@Darius H* Same here. Had a misdemeanor disorderly conduct from college. Recruiters would love me in interviews, then silence after the background check. Expunged it last year through ExpungePro and haven't had a single issue since.
I was told background checks only go back 7 years. My misdemeanor reckless driving charge was from 2017 (9 years ago). Why did it just show up on my background check for an IT job in Florida?
Trevor, that is the single biggest misconception about the federal Fair Credit Reporting Act (15 U.S.C. § 1681c). The federal 7-year limit applies ONLY to non-conviction arrests. Convictions of any kind—including minor misdemeanors—can be legally reported forever under federal law unless your state has passed its own state-specific 7-year statute (like California, Washington, or New York). Florida follows federal law, so a 1995 misdemeanor conviction can still appear unless you formally seal or expunge it!
@Trevor E* Learned this the hard way in Georgia. Thought my 2015 misdemeanor would just disappear after 7 years. It doesn't disappear on its own. Expunged it last fall and now my record is truly clean.
I have two different misdemeanors from when I was 20: one dismissed and one where I paid a fine. Can they both be cleared at the same time or do I have to file separate petitions?
Russell, in many jurisdictions, if both offenses arose from the same arrest or court docket, they can be consolidated into a single petition! If they occurred in different jurisdictions or dates, separate filings may be required, but both are often fully eligible. Run our Free 60-Second Eligibility Checker right now to get an instant breakdown of your specific charges and filing strategy!
How long does it typically take to expunge a misdemeanor compared to a felony? Will the district attorney fight me on it?
Because misdemeanors involve no prison time and lower statutory scrutiny, misdemeanor expungements are drastically faster and smoother! In most jurisdictions, the process takes between 60 to 90 days. Furthermore, prosecutors almost never file objections to non-violent misdemeanor expungements if you satisfied your probation and kept a clean record since.