How Employers Evaluate Misdemeanors During Hiring

Background screening is now a common practice in the hiring process. Although felony records are often the focal point of concern, misdemeanors are also considered in the hiring process. On the one hand, for the applicant, the appearance of a misdemeanor record on a background screen can be a source of concern regarding employment. On the other hand, for the employer, the dilemma is in creating a safe work environment while still being fair in the hiring process.

What Is a Misdemeanor in a Hiring Context?

A misdemeanor is a criminal offense generally considered less serious than a felony. Common examples include minor theft, disorderly conduct, simple assault, trespassing, or driving-related offenses. When an employer runs a misdemeanor background check, these offenses may appear depending on state laws, reporting limits, and how far back the check goes.

Not all misdemeanors are considered equal. An employer will not consider a minor offense from decades ago the same as a more recent offense that is job-related. It is all about context, and most employers consider more than one thing when hiring.

Why Employers Conduct Misdemeanor Background Checks

Employers conduct employment background checks to safeguard their business, employees, and customers. A misdemeanor background check enables employers to evaluate possible risks, particularly in positions that require trust, financial matters, security, and dealing with vulnerable groups.

Employers may conduct misdemeanor background checks for the following reasons:

• To guarantee workplace security

• To minimize legal and liability exposure

• To comply with industry or regulatory standards

• To safeguard business reputation

It is essential to note that a misdemeanor by itself does not preclude a job applicant. Most employers are concerned with relevance rather than the presence of a record.

Key Factors Employers Consider When Evaluating Misdemeanors

1. Nature of the Offense

The nature of the misdemeanor is also important. The employer may ask if the misdemeanor is job-related. For instance, a misdemeanor involving theft may be a concern for a job that involves handling money, while a traffic misdemeanor may not be as important for a job that is office-based.

Violent, financial, or fraud misdemeanors are usually viewed more carefully than non-violent or regulatory misdemeanors.

2. Time Since the Offense

How long ago the misdemeanor took place is an important aspect of assessment. Many companies regard older misdemeanors less seriously, especially if the applicant has kept a clean record ever since. An old misdemeanor may be considered a mistake of the past rather than an indication of present character.

In some states, there are restrictions on how far back a misdemeanor background check can go. This is usually seven years for non-convictions or certain misdemeanors.

3. Frequency and Pattern of Behavior

One misdemeanor is usually considered differently from several. The employer may be searching for a pattern that indicates regular behavior as opposed to a one-time occurrence. Several misdemeanors within a certain period of time may be a cause for concern, as opposed to one that can be easily ignored.

4. Rehabilitation and Work History

Evidence of rehabilitation is being given more consideration by employers. Job stability, good character references, education, or training completed after the crime can indicate positive change. A positive work record can go a long way in mitigating doubts raised by a misdemeanor background check.

5. Job Duties and Level of Responsibility

The degree of trust that is associated with the role is a factor that has a great impact on the evaluation process. Roles that are associated with the healthcare, education, finance, and government sectors may have more stringent screening criteria.

Legal Guidelines Employers Must Follow

Employers cannot evaluate misdemeanors arbitrarily. Hiring decisions are governed by federal, state, and local laws designed to promote fairness.

EEOC Guidance

The Equal Employment Opportunity Commission (EEOC) recommends that employers make individualized determinations rather than blanket bans. This involves considering the following:

• The offense and its severity

• The time elapsed since the offense

• The type of job held or sought

Blanketing all applicants with misdemeanors may result in discrimination lawsuits if it adversely affects protected classes.

Ban-the-Box and Fair Chance Laws

In many places, there are “ban-the-box” laws that limit when employers can query an applicant’s criminal record. In such regions, misdemeanor background checks can only be considered after a conditional job offer has been extended. The intention of such laws is to ensure that applicants are assessed first on their qualifications.

How Employers Use Background Check Results in Decisions

In most instances, the misdemeanor record is only part of the overall assessment process that employers undertake when hiring new employees. Some of the areas that employers usually consider include:

• Skills and qualifications

• Performance during the interview

• References and work history

• Background check results

A misdemeanor charge may lead to further inquiries, but not necessarily a disqualification. Employers usually allow the candidate an opportunity to explain the circumstances surrounding the misdemeanor.

How Job Seekers Can Address a Misdemeanor

Transparency and preparation can make a big difference. If you know that a misdemeanor will show up on a background check, the following can help:

• Be up front about your record if asked about it

• Talk about what you have learned and how you have grown

• Talk about your skills, experience, and dependability

• Get references who can speak to your character

Employers value accountability and growth more than a spotless record.

The Shift Toward Fair Hiring Practices

Current hiring trends indicate an increasing focus on second-chance hiring. With the current labor shortage in many sectors, employers are reconsidering how strictly they screen for misdemeanors during background checks. Fair chance hiring practices not only open up the talent pool but also promote diversity and inclusion in the workforce.

Conclusion

Employers assess misdemeanors in the hiring process with much more subtlety than many applicants anticipate. A background check for a misdemeanor offense is seldom a pass or fail situation. Rather, employers assess the type of offense, its relevance to the position, the time lapse since the offense, and indicators of rehabilitation. Awareness of this situation can alleviate concerns for applicants and prompt employers to weigh decisions in a well-rounded and legal manner.