Misdemeanors That Prevent Employment: 5 Charges That Raise Red Flags

Misdemeanors might seem like minor offenses, but they can significantly impact your ability to find a job and keep it. In California, employers have the right to conduct criminal background checks on potential hires, and certain misdemeanors can raise red flags during the hiring process.

Understanding which misdemeanors are most likely to prevent employment can help you better approach the job search process and take steps to minimize the impact of a criminal record.

Do Misdemeanors Show Up on Background Checks?

In most cases, yes – misdemeanor convictions will appear on criminal background checks in California unless they have been legally vacated or sealed and destroyed by the Department of Justice. Even relatively minor misdemeanor offenses from years ago can still get reported on employment, housing, and professional license background checks.

The conviction record, including the offense details and courtroom disposition, typically remains visible to employers and others indefinitely unless proactive steps are taken to clear it from your record through the appropriate vacature or sealing processes. Petitions to Dismiss (California version of expungements) can also clean up the record to update the conviction details with a dismissal in lieu of the conviction.

5 Misdemeanors Most Likely to Prevent Employment

While any misdemeanor on your record can raise concerns for potential employers, some offenses are more likely than others to hinder your job search.

Petty Theft

A petty theft conviction, even a misdemeanor, can be an insurmountable hurdle for many employment opportunities. Employers view any theft crime as a breach of trust that puts assets, inventory, and workplace security at risk. A petty theft conviction on your record raises questions about honesty and integrity that many hiring managers are unwilling to look past.

Driving Under the Influence

A misdemeanor DUI charge shows up on background checks and can completely disqualify you from jobs requiring a valid driver’s license and clean driving record. This includes roles like delivery drivers, truck drivers, rideshare drivers, and any position that may involve operating a company vehicle. Even for non-driving roles, a DUI still creates concerns about poor judgment and decision-making abilities.

Assault with a Deadly Weapon

While just a misdemeanor in some cases, an assault with a deadly weapon conviction involves violence or threatening behavior that can make employers extremely wary. There are liability concerns about having someone with this type of charge working in an environment with colleagues, customers, and clients or handling confrontational situations. The perceived risks are often too high.

Possession of a Controlled Substance

Drug crimes, even small possession offenses, are a major red flag to most employers. Whether fair or not, a drug conviction creates questions about judgment, decision-making abilities, and potentially ongoing substance abuse issues that could impact workplace performance and safety. Many employers have zero-tolerance policies and expect employees to show up to work fit for duty.

Certain Sex Crimes (Indecent Exposure, Prostitution, Sexual Battery)

Any misdemeanor sex crime conviction, such as indecent exposure, prostitution, or sexual battery, is typically an automatic disqualifier for most jobs. The stigma and perceived risks are extremely high. Employers are wary of potential workplace harassment issues, conflicts with colleagues/customers, and public relations backlash. These charges severely limit hiring prospects across most industries.

California Disclosure Requirements and Employment Laws

Under California’s Fair Chance Act, employers with five or more employees cannot ask about an applicant’s criminal history through questions, background checks, or other methods until a conditional job offer has already been extended. This provision is commonly referred to as the “ban the box” requirement, referring to the check box on applications asking about felony convictions.

Once a conditional employment offer is made, the employer can then undertake an “individualized assessment” to determine if the applicant’s specific criminal convictions have a direct and adverse relationship with the duties of the job in question. Certain types of records are always off-limits, including:

• Arrest records that did not lead to conviction
• Participation in diversion programs
• Dismissed, sealed, or expunged convictions
• Certain non-felony marijuana possession offenses over two years old
• Juvenile records

For any convictions the employer wishes to consider, strict procedures must be followed. This includes providing the applicant written notice of the potential denial, copies of any conviction records being reviewed, and allowing the applicant fair opportunity to provide evidence of rehabilitation, mitigating circumstances or an inaccurate record.

If an employer wishes to revoke the conditional offer based on permissible criminal convictions after this process, it must provide the applicant written notice of the final decision and their right to file a complaint for any perceived discrimination.

How Long Does a Misdemeanor Stay on Your Record in California?

In California, a misdemeanor conviction will typically remain on your criminal record permanently unless you take legal action to get it expunged or dismissed. Even misdemeanor offenses that may seem relatively minor can continue to show up on background checks indefinitely.

For most misdemeanors in California, you become eligible to petition the court for expungement after you have completed your entire sentence, including any jail time, probation, fines, and other terms. If granted, an expungement will effectively re-open your case, dismiss the conviction, and re-close the case without a conviction; however, it will still appear on your background check, but it will update the disposition to state that it has been dismissed.

Options for Dealing with a Misdemeanor Record

If you have a misdemeanor conviction on your record in California, you can seek an expungement, which is the process of legally dismissing an eligible criminal record. An expungement in California does not erase your criminal conviction, but it does update your criminal background if the Petition to Dismiss is granted. The expungement process is completed by filing a petition to dismiss with the court. Once the court grants the motion, the conviction on the criminal background is updated to say dismissed rather than convicted.

The expungement process requires filing the petition to dismiss with the court and getting court approval. It is a worthwhile effort because it can provide relief from having the misdemeanor constantly affect employment, housing, and other opportunities.

Petitions to Dismiss (expungements) are the remedies for those who have been convicted. If someone has not been convicted, then they can apply to actually seal the arrest and even apply to have the matter sealed and destroyed with the Department of Justice – this remedy is not available for those who suffered a conviction, though.

Consult our attorneys about your eligibility for cleaning up your record based on factors like the offense, sentence completed, conviction status, and extent of your rehabilitation.

Tips for Finding Employment with a Misdemeanor in California

While having a misdemeanor on your record can make the job search process more challenging, finding employment is not impossible.

1. Focus Your Job Search on Misdemeanor-friendly Industries and Employers

Some industries, such as construction or manual labor, may be more open to hiring individuals with criminal records. Do your research and target your applications accordingly.

2. Highlight Your Strengths and Accomplishments

Instead of dwelling on your criminal record, focus on what you bring to the table as an employee. Emphasize your skills, experience, and any relevant education or training.

3. Network and Reach Out to Connections

Let friends, family members, and former colleagues know you’re looking for work. They can provide leads or even put in a good word with potential employers.

4. Be Strategic About Which Jobs You Apply for

Consider each position’s requirements and responsibilities and how your misdemeanor record may be perceived. For example, finding work in industries that handle money or work with vulnerable populations may be more challenging.

5. Prepare to Explain Your Misdemeanor once an Offer is Extended

While it can be uncomfortable to discuss your criminal record, it’s necessary to be honest and take responsibility for your actions. Explain what you’ve learned from the experience and how you’ve grown.

6. Contact an Experienced California Record Sealing and Expungement Lawyer

While a misdemeanor can create obstacles, it doesn’t define you as a person or determine your worth as an employee. If you’re facing legal challenges due to a misdemeanor, don’t hesitate to seek help from a qualified California criminal defense law firm.

The Nieves Law Firm is here to help you explore your options and take steps to minimize the impact of a criminal conviction on your employment prospects.

Contact us today for a consultation and confidential case evaluation. Let us help you move forward and achieve your career goals, regardless of your past mistakes.