While looking for a job, many individuals may find themselves facing a common concern — can someone get a job with a misdemeanor on their record? This question carries significant weight, as a misdemeanor can have lasting effects on a person’s employment prospects. However, the answer can sometimes be complicated and depends on various factors.
In this blog, we’ll explore what misdemeanors are, whether you need to disclose them on job applications, the types of misdemeanors, and what steps you can take if you have one on your record.
What is a Misdemeanor?
A misdemeanor is a criminal offense typically less serious than a felony but is more severe than an infraction. It includes multiple crimes, including petty theft, public intoxication, vandalism, and minor assaults.
Although misdemeanors generally incur lighter penalties compared to felonies, they can still make you pay fines, serve probation or community service, and, in certain jurisdictions and circumstances, imprisonment.
Is it Necessary to Disclose Your Misdemeanor on a Job Application?
One of the most common questions individuals with misdemeanors ask is whether they should disclose them on job applications. The answer depends on several factors, including the nature of the offense, the job requirements, and the employer’s policies.
In many cases, job applications ask applicants to disclose any criminal convictions, including misdemeanors. Failing to disclose a misdemeanor when required can have serious consequences, including termination if the employer later discovers the omission.
However, several states have implemented “Ban the Box” legislation, which prohibits employers from inquiring about applicants’ criminal histories on initial job applications, deferring such inquiries until later stages of the hiring process.
What are the Types of Misdemeanors?
Misdemeanors can be broadly categorized into several types based on the nature of the offense and the potential harm caused.
- Petty Misdemeanors: These are the least serious misdemeanors and often involve minor infractions such as traffic violations, littering, or disorderly conduct. While they carry relatively minor penalties, repeated petty misdemeanors can still have consequences.
- Drug-Related Misdemeanors: Offenses related to drug possession, paraphernalia, or small-scale distribution are common examples. These misdemeanors may carry more severe penalties depending on the type and how much quantity of drugs you have possessed.
- Property Crimes: Misdemeanors such as petty theft, vandalism, and trespassing fall into this category. While they may not involve violence, they can still result in fines, restitution, or probation.
- Assault and Battery: Misdemeanor assault typically involves minor physical altercations that result in minimal or no injuries. However, repeated offenses or aggravated circumstances can elevate the charge to a felony.
- Public Order Offenses: These misdemeanors include offenses such as public intoxication, disorderly conduct, and disturbing the peace. While they may seem relatively minor, they can still impact job prospects, especially in fields that require a clean record or interaction with the public.
Expungement and Reduction of Impact
One way to mitigate the impact of a misdemeanor on employment is through expungement or sealing of the criminal record. Depending on the jurisdiction and the nature of the offense, misdemeanors may be eligible for expungement after a certain period, providing individuals with a fresh start and improving their job prospects.
Factors Employers Consider
Employers vary in their approach to hiring individuals with criminal records, including misdemeanors. Factors they may consider include –
- The nature of the misdemeanor.
- The severity of the offense.
- The time has elapsed since the conviction.
- The candidate’s behavior since the incident.
- The relevance of the offense to the specific job role.
What Should You Do?
If you have a misdemeanor on your record and are seeking employment, there are steps you can take to improve your prospects.
- Understand Your Rights: You must familiarize yourself with the laws in your jurisdiction regarding the disclosure of criminal convictions on job applications. If “Ban the Box” laws exist in your area, know your rights regarding when and how employers can inquire about your criminal history.
- Be Honest: If you’re required to disclose your misdemeanor on a job application, be honest about it. Trying to hide or lie about your criminal history can damage your credibility and risk your chances of employment.
- Highlight Rehabilitation: If you have completed any rehabilitation programs, community service, or educational courses related to your offense, highlight these efforts to potential employers. Demonstrating remorse, responsibility, and a commitment to rehabilitation can help mitigate concerns about your criminal record.
- Seek Legal Assistance: If you believe your misdemeanor is impacting your ability to find employment unfairly, consider seeking legal assistance. An attorney with experience in criminal law such as those from the Benjamin Durham Law Firm, can advise you on your rights and options for addressing any discriminatory practices.
Last Words
While having a misdemeanor on your record can present challenges in finding employment, it doesn’t necessarily mean that you’re barred from all job opportunities. Understanding your rights and the question, “can you get a job with a misdemeanor?”, being honest about your criminal history when required, and highlighting efforts at rehabilitation can improve your chances of securing meaningful employment. With perseverance and determination, individuals with misdemeanors can overcome obstacles and build successful careers.
