Do Employers Care About Misdemeanors?

When applying for a job, many candidates worry about how their criminal history might affect their chances — especially when it involves a misdemeanor. While misdemeanors are less severe than felonies, they can still influence how an employer views your application. The impact largely depends on the nature of the offense, the job you’re applying for, and how long ago the incident occurred.

At Confirmify, we help employers make informed hiring decisions with accurate, FCRA-compliant background checks — and we ensure every candidate gets a fair chance based on relevant information.

What Is Considered a Misdemeanor?

A misdemeanor is a criminal offense that is typically less serious than a felony and more serious than an infraction. Common examples include:

Petty theft
Public intoxication
Trespassing
Vandalism
Disorderly conduct
Simple assault
Minor drug possession

Although misdemeanors can result in jail time, fines, or probation, they usually carry shorter sentences and fewer long-term consequences than felonies. However, they still appear on most background checks unless expunged or sealed.

When and Why Employers Review Misdemeanors

Employers run background checks to protect their workplace, customers, and reputation. Misdemeanors are often reviewed for the following reasons:

Relevance to the Role: A misdemeanor involving theft may be more concerning for a financial or retail position, while a decades-old public intoxication charge may carry less weight in a creative or freelance role.
Frequency and Recency: A single misdemeanor from several years ago is less likely to raise red flags than multiple recent offenses.
Company Policy: Some employers have strict hiring policies, especially in regulated industries like healthcare, education, or finance, where any conviction — even a misdemeanor — may be scrutinized more closely.
Liability Concerns: Employers may worry about negligent hiring lawsuits, especially if the offense could be seen as job-related.

That said, many employers are open to hiring candidates with misdemeanors if the offense isn’t directly relevant to the job or if the applicant demonstrates rehabilitation and transparency.

How Misdemeanors Affect Background Checks

When you undergo a background check with a company like Confirmify, your criminal record will be reviewed based on local, state, and federal laws. Here’s how misdemeanors typically appear:

Visible on Criminal History Reports (unless expunged)
Flagged for Review if relevant to the role or recent
Considered in Context alongside employment history and qualifications

In many cases, employers don’t automatically disqualify candidates with misdemeanors. Instead, they may use individualized assessments to evaluate the severity, timing, and relevance of the offense.

What Job Seekers Should Know

If you have a misdemeanor on your record:

Be Honest: If asked about criminal history (at the appropriate stage), provide a clear, truthful explanation.
Know Your Rights: Under the Fair Credit Reporting Act (FCRA), you must be informed if information in your background check is used against you, and you have the right to dispute inaccurate data.
Prepare to Discuss It: Be ready to explain what happened, what you’ve learned, and how you’ve grown since.
Explore Record Expungement: In some cases, you may be able to have your record sealed or expunged, which can remove it from future checks.

Confirmify offers transparent and candidate-friendly background checks, and we’re committed to fairness in the hiring process.

Why Choose Confirmify?

At Confirmify, we provide accurate, timely, and FCRA-compliant background screening solutions for businesses of all sizes. Our clients enjoy turnaround times 30–50% faster than traditional vendors — with most background checks completed in just 8 hours to 3 days. We help employers evaluate misdemeanor records in context and ensure a fair, lawful process for every candidate. Whether you’re an employer or a job seeker, you can trust Confirmify for screening you can rely on.

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