Does a Misdemeanor Show Up on a Background Check?
The short answer is: it depends. Whether or not a misdemeanor appears on a background check hinges on several factors, making a simple "yes" or "no" insufficient. This guide will clarify the complexities surrounding misdemeanor records and background checks.
Factors Influencing Misdemeanor Visibility on Background Checks
Several key elements determine if a misdemeanor will be revealed during a background check:
-
Type of Background Check: Different checks delve into various record repositories. A basic background check might only surface criminal records from a limited geographical area or timeframe, potentially missing older or less serious misdemeanors. More comprehensive checks, such as those used for employment in sensitive fields or security clearances, often cast a wider net, potentially uncovering more misdemeanors.
-
Jurisdiction: Misdemeanor records are maintained at the state and sometimes county level. A background check performed in one state may not reveal a misdemeanor committed in another. The scope of the check dictates where the information is pulled from.
-
Expungement or Sealing: In some states, individuals can petition to have their misdemeanor records expunged (erased) or sealed (made confidential). If a record has been successfully expunged or sealed, it's less likely (though not guaranteed) to appear on a background check. The specific rules surrounding expungement and sealing vary significantly by state.
-
Time Elapsed: While there's no universal timeframe, some states' background checks might not include very old misdemeanors. However, this is not a guaranteed exclusion, and the timeframe for record retention differs depending on the state and the specific misdemeanor.
-
The Purpose of the Background Check: Employers often conduct background checks for different reasons, and the type of information sought varies. A check for a position requiring significant trust and responsibility is far more likely to include misdemeanors than a check for a less sensitive role.
Types of Background Checks and Misdemeanor Inclusion
Here's a breakdown of how different background check types might handle misdemeanors:
-
Basic Background Check: Often limited in scope, these may only include certain criminal records within a specific timeframe and geographic location. Less serious misdemeanors may not show up.
-
Comprehensive Background Check: These digs deeper, potentially revealing a wider range of misdemeanors, including those from different jurisdictions and older records.
-
Federal Background Check: Required for certain jobs (e.g., government positions, security clearances), these checks are incredibly thorough and are almost certain to uncover past misdemeanors, regardless of age or jurisdiction.
What to Do If You Have Concerns About a Misdemeanor on Your Background Check
If you are concerned about a misdemeanor appearing on a background check, consult with a legal professional in your jurisdiction. They can advise you on your rights and potential options, such as expungement or sealing of your record, depending on the specifics of your case and your state's laws.
