Understanding Misdemeanors
Misdemeanors are serious offenses that can lead to criminal penalties. In most states, misdemeanors are punishable by up to one year in jail or a fine of up to $1,000. In some cases, a conviction for a misdemeanor can lead to a longer jail sentence, depending on the severity of the crime. However, even if an individual is not convicted of a misdemeanor, it can still have an impact on their ability to obtain employment.
Employers often conduct background checks when considering job applicants. This includes looking into their criminal history. If a potential employee has a record of misdemeanors, this could be a red flag for employers and could lead to them not being considered for the job.
Common Misdemeanors That Can Affect Employment
There are a variety of misdemeanors that could prevent someone from being hired. Some of the most common misdemeanors that could lead to employment issues include:
- Driving under the influence (DUI)
- Reckless driving
- Protection order violations
- Shoplifting or other theft offenses
- Assault or battery
- Trespassing
- Drug possession
- Vandalism
- Public intoxication
- Disorderly conduct
Employment Discrimination Laws
It is important to note that employers are not allowed to discriminate against potential employees based on their criminal record. The Equal Employment Opportunity Commission (EEOC) prohibits employers from discriminating against applicants because of their criminal history. This means that employers cannot refuse to hire someone simply because they have been convicted of a misdemeanor.
The EEOC does allow employers to refuse to hire someone if there is a "business necessity" for the decision. This means that if the employer can demonstrate that the conviction is directly related to the job in question, then they can reject the potential employee. For example, if an individual was convicted of a DUI, an employer could refuse to hire them for a job as a delivery driver.
Sealing or Expunging Criminal Records
In some cases, individuals can have their criminal records sealed or expunged. This means that the records are no longer available to the public. This can make it easier for individuals with misdemeanors to obtain employment, as employers will not be able to see their criminal history.
In order to have criminal records sealed or expunged, individuals must typically meet certain criteria. This may include waiting a certain amount of time from the date of conviction or completing certain requirements, such as completing a drug treatment program or community service. Individuals should check with their state laws to determine what is required for sealing or expunging criminal records.
Employment Prospects with a Misdemeanor
It is important to remember that having a conviction for a misdemeanor does not necessarily mean that an individual will not be able to obtain employment. As mentioned earlier, employers are not allowed to discriminate against potential employees based on their criminal record. Additionally, if the individual is able to have their criminal record sealed or expunged, this could make it easier for them to obtain employment.
It is also important to note that there are certain professions that may be more accepting of individuals with misdemeanors. These include professions such as customer service, retail, and hospitality. Additionally, some employers may be willing to overlook a misdemeanor if the individual has relevant experience or skills for the job.
Conclusion
Having a conviction for a misdemeanor can have an impact on an individual’s ability to obtain employment. Employers are not allowed to discriminate against potential employees based on their criminal record. However, employers may still be hesitant to hire someone with a misdemeanor on their record. Individuals should check with their state laws to determine if their criminal record can be sealed or expunged. Additionally, there are certain professions that may be more accepting of individuals with misdemeanors.
