Yes, a misdemeanor can appear on an employment criminal background check.
But that does not mean every misdemeanor appears on every report, and it does not mean a misdemeanor automatically prevents someone from getting a job.
What may be reported depends on the type and scope of the criminal-record search, the court records available, federal law, state and local law, the employer’s screening policy, and the job involved.
The short answer
A criminal background check may report misdemeanor convictions. Major screening providers describe misdemeanor convictions as information that may be included in employment criminal-record searches.
Whether an employer can ask about, receive, or use that information can vary by jurisdiction.
And the screening company usually does not make the hiring decision. The employer does.
What Is a Misdemeanor?
A misdemeanor is a criminal offense generally classified as less serious than a felony, but the exact definition and classification varies by state.
That matters because the word “misdemeanor” by itself does not tell you:
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what the offense involved;
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when it occurred;
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whether it resulted in conviction;
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whether the record was later sealed or expunged;
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whether it is relevant to the job; or
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whether state or local law restricts employer consideration.
Avoid assuming that all misdemeanors are treated the same.
Do Misdemeanor Convictions Appear on Background Checks?
They can.
HireRight’s candidate materials explain that U.S. criminal-history background checks may search county, state, and federal court records for felony and misdemeanor records.
Other screening providers similarly describe misdemeanor convictions as potentially reportable in criminal background checks.
However, an employer may order a narrower or broader screening package, and state/local reporting rules can restrict what appears.
Will a Misdemeanor Affect Employment?
Possibly, but there is no universal answer.
The EEOC’s currently posted job-seeker resources discuss factors such as:
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the nature and seriousness of the offense;
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how much time has passed since the offense or completion of the sentence; and
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the nature of the job.
That does not mean every employer uses an identical test, and certain regulated positions may be subject to separate legal restrictions.
A misdemeanor that is highly relevant to one job may be less relevant to another.
Are There Misdemeanors That Automatically Prevent Employment?
Not as a single nationwide rule for all jobs.
Some laws or regulations can restrict people with particular convictions from specific occupations, licenses, facilities, or regulated roles.
But that is different from saying, “These misdemeanors prevent employment everywhere.”
Does a Misdemeanor Stay on a Background Check for Seven Years?
Do not rely on a blanket “seven-year rule.”
Under the federal Fair Credit Reporting Act, records of arrest have a rule tied to seven years from entry or the governing statute of limitations, whichever is longer, plus statutory exceptions. Criminal convictions are expressly treated differently from the general seven-year limit on other adverse information.
State laws may impose additional restrictions on how long conviction information may be reported or considered for employment.
So: FEDERAL REPORTING RULE is not the same as STATE REPORTING RULE is not the same as EMPLOYER CONSIDERATION RULE.
How Far Back Does a Criminal Background Check Go for Employment?
What If the Misdemeanor Was Dismissed?
A dismissed charge is not the same as a misdemeanor conviction.
A screening report may sometimes contain non-conviction information where legally reportable and within the scope of the search, but federal and state rules can limit such reporting and use.
If a report incorrectly labels a dismissed charge as a conviction, that is an accuracy issue.
Obtain the report and dispute inaccurate or incomplete information through the reporting company.
Do Arrests Show Up on Employment Background Checks?
What If the Misdemeanor Was Expunged or Sealed?
Sealing and expungement rules are highly state-specific.
Do not assume that one state’s expungement law applies nationally.
Sterling tells candidates that records sealed or expunged in court systems and state repositories are not included in its background check. But that is provider-specific guidance, not a universal legal rule.
The FTC warns that consumer reports can contain errors. Court orders and up-to-date court records are important when disputing a stale or improperly reported record.
Do Sealed or Expunged Records Show Up on Background Checks?
Will You “Pass” a Background Check With a Misdemeanor?
There is no universal pass/fail standard.
A screening company may report information. The employer then evaluates that information under its policy and applicable law.
A more useful set of questions is:
- What does the report actually show?
- Is the information accurate?
- How old is the record?
- Is it relevant to the job?
- Does state/local law restrict its use?
- Is the employer required to perform an individualized review?
How to Review Your Own Situation Before Applying
- Identify the exact court outcome.
- Obtain authoritative court information.
- Review the consumer report if one exists.
- Check for identity and disposition errors.
- Review state/local fair-chance rules.
- Prepare truthful context if requested.
Start by confirming the actual court outcome and reviewing any consumer report you receive; a preparation resource cannot establish what a court record says.
What If the Background Report Is Wrong?
Common criminal-record errors can include:
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record belongs to someone else;
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duplicate record;
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dismissed case reported as conviction;
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expunged record not updated;
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felony/misdemeanor classification incorrect;
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disposition missing or outdated.
The FTC explains that consumers can dispute inaccurate or incomplete information with the reporting company.
Background Check Errors: What to Do If Your Report Is Wrong
Frequently Asked Questions
Do misdemeanors show up on employment background checks?
They can. Employment criminal-record searches may include misdemeanor convictions, depending on scope and applicable law.
Will a misdemeanor affect employment?
It can, but there is no universal result. The offense, age of the record, job, employer policy, and law can all matter.
Can you get a job with a misdemeanor?
Yes, people with misdemeanor records can obtain employment. But no article can predict a particular employer’s decision.
How long does a misdemeanor stay on a background check?
There is no single nationwide answer. Federal FCRA rules treat convictions differently from certain other adverse information, and state laws can impose additional limits.
Is a dismissed misdemeanor the same as a conviction?
No.
Official Sources and Further Reading
These resources explain general federal requirements. State/local laws, screening scope, and job-specific rules can change the answer.
Your next step
Concerned about what your own screening may show?
The Employment Background Check Self-Check Guide helps you organize the information you can verify yourself, compare records, identify discrepancies, and understand what to investigate before an employer asks questions.
The $47 Signature Edition includes the complete self-check guide and the bonus AI Current-Info Research Toolkit, with guided prompts for researching current official sources. Verify AI-generated findings against the cited primary sources.