Misdemeanors That Prevent Employment – What Are They?

You can generally still get a job with a misdemeanor conviction on your record. But some offenses may make it more difficult or unfeasible to land a specific type of job.

Note that a misdemeanor conviction may remain on your criminal record for the rest of your life. This means employers will generally learn of a past crime when performing a background check.

Most states, however, allow you to try to clear your record by filing for

Either process typically results in the court erasing an arrest or conviction from your criminal history.

1. Can you get a job with a misdemeanor?

Yes. You can still get a job with a misdemeanor offense on your criminal history. There is no federal law or any state laws that prohibit people with a criminal past from securing employment.

But a misdemeanor conviction history might make an application process more difficult. A potential employer may hesitate, or even refuse to hire someone with certain past criminal activity.

As mentioned above, conviction records involving misdemeanor drug offenses may make it difficult to find a job in the medical field.

Further, a misdemeanor charge on your criminal record involving domestic violence might hinder a career in counseling or as a law enforcement officer.

Also note that both Uber and Lyft will disqualify you from becoming rideshare drivers if you have a DUI conviction on your record that is dated within the past several years from the date of your rideshare job application. 1

Because some misdemeanor crimes can result in difficulties getting steady employment, people with a prior conviction can:

However, any job search problems with a past misdemeanor conviction are small when compared to problems faced by convicted felons or those people with past felony convictions.

2. Is it employment discrimination to refuse to hire someone with a misdemeanor?

Not necessarily. State employment laws usually say that you have to belong to a protected class in order to have the standing to bring an employment discrimination case.

Examples of protected classes include:

People with past criminal convictions do not generally belong to a legally recognized protected class solely because of a past crime. Therefore, you usually cannot bring a civil rights lawsuit if you are denied employment because of a past misdemeanor.

But note that some states have “Ban the Box” laws. These laws generally forbid private employers from:

You might, then, be able to bring a legal action if an employer violated these laws and the violation resulted in your loss of a job.

3. How long does a misdemeanor stay on your record?

In most states, a misdemeanor conviction will remain on your criminal history for the rest of your life unless you get it expunged or sealed.

One harsh result is that potential employers may learn of your misdemeanor charge when performing criminal background checks. This is true even if you received your conviction several years ago. 4

Therefore, an applicant’s criminal history may enter into hiring decisions or final selections in the hiring process.

4. Can an expungement or record seal help?

Yes. Expungement generally refers to the process where a court orders that a conviction be erased from your criminal record. 5

Some states offer record seals as opposed to expungements.

The main difference is that while an expungement may result in the physical destruction of a record, a sealed record is not destroyed. 6

In any event, if a past conviction is expunged or sealed, you do not have to disclose the conviction if asked about criminal history on an employment application or in a job interview.

5. What about references?

References are often a helpful tool in persuading employment decisions.

Many employers see a prior conviction as a personality flaw. They may see job seekers with arrest records as red flags that will not make for quality employees.

One way to overcome this misconception is to provide personal references in your application process.

A personal reference can attest to your good character. Further, a reference can help explain that you have rehabilitated yourself from a past crime.

Additional reading

For more in-depth information, refer to these scholarly articles:

Legal References:

  1. See, for example, Uber’s Zero Tolerance Policy.
  2. See, for example, Fair Employment and Housing Act 12940 — Unlawful Practices. See also Americans with Disabilities Act (ada.gov); Title VII of the Civil Rights Act of 1964; and, Verceles v. Los Angeles Unified School Dist., (Court of Appeal of California, Second Appellate District, Division Seven, 2021) 63 Cal. App. 5th 776.
  3. See, for example, Colorado House Bill 19-1025.
  4. Note that employers must comply with the Fair Credit Reporting Act (FCRA) when performing background checks.
  5. Black’s Law Dictionary, Sixth Edition – “Expungement of record.”
  6. Compare, for example, Florida Statutes 943.0585 (authorizing the destruction of expunged criminal records) and Nevada Revised Statutes 179.247 (discussing the effects of a sealed record).