How to Explain a Misdemeanor on a Job Application?

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You may have been convicted of a misdemeanor DUI charge or a misdemeanor disturbing the peace offense. Now you are looking for work. How do you account for your criminal history?

They are four key pointers when it comes to explaining a misdemeanor conviction on a job application. These are:

1. do not lie,
2. avoid going into details,
3. explain how it has changed your life for the better, and
4. provide references.

You should also follow these general guidelines if you are trying to describe or clarify a misdemeanor charge during a job interview.

1. How does a job candidate deal with a misdemeanor during the application process?

Job seekers should follow the below tips if trying to explain a misdemeanor record when applying or interviewing for a job:

1. do not lie – Your initial reaction might be to deny that you were convicted of a criminal charge. But a misdemeanor will likely show up when a potential employer runs a criminal background check. Your character will definitely get questioned if you are caught in a lie.
2. avoid going into details – If you must answer questions about a criminal conviction, do not expound on the offense. Keep your answers simple and succinct. Details about a misdemeanor or an arrest record will likely just lead to more questions and possible concerns.
3. show how you have changed – If pressed about a past conviction, be upfront about it and turn it into a positive thing. Explain that you have learned from a criminal offense and have used it to better yourself.
4. give references – If a prospective employer or human resources department provides the chance, submit references with an employment application. Your references should be able to say that you have moved on from a past misdemeanor and, despite it, will make for a valuable employee.

2. Do misdemeanors show up on an employer’s background check?

Most often, yes. A criminal background check will typically disclose prior criminal convictions, including convictions for both:

Note that some state laws prohibit the disclosure of a past conviction if it is more than seven years old. 1 However, the majority of states say that any misdemeanor can potentially get disclosed in a background search.

3. What happens if you get an expungement or a record seal?

You typically do not have to disclose a misdemeanor conviction during a job search or the hiring process if you get the offense expunged or sealed.

An expungement takes place when a court orders that your misdemeanor conviction be erased from your record. 2

In lieu of an expungement, some states provide for a record seal.

The main difference is that while a record seal hides a past conviction, it does not destroy your criminal record. An expungement, though, will result in the destruction of your criminal history. 3

4. What are ban-the-box laws?

Many states have passed ban-the-box laws, which prohibit private employers from asking you about criminal convictions on an employment application. 4

In particular, these laws usually prohibit private employers from:

1. asking you to disclose a prior conviction on an initial job application,
2. inquiring about your criminal history on an application, and
3. including in a job advertisement any statements that say people with criminal histories are not allowed to apply. 5

Note, though, that there are certain types of jobs where these laws do not apply. For example, certain employers cannot, under both federal and state laws, employ people with a certain criminal background. Gun store owners, for instance, cannot employ convicted felons.

5. Can a criminal defense attorney help?

Yes. It is worth obtaining legal advice from a criminal defense lawyer if you are beginning the hiring process and have a misdemeanor conviction on your record.

A defense attorney can help by:

• advising if your state has a ban the box law,
• informing on whether a relatively old conviction will show up on a background check,
• helping you select effective references, and
• getting a past conviction expunged or sealed.

In our experience, job candidates are usually more confident in their job search when they know the full impact of their criminal history.

Legal References:

1. See, for example, Washington Fair Credit Reporting Act (CRA), Rev. Code of WA 19.182.
2. Black’s Law Dictionary, Sixth Edition – “Expungement of record.”
3. Compare, for example, Florida Statutes 943.0585 (authorizing the destruction of expunged criminal records) and Nevada Revised Statutes 179.247 (discussing the effects of a sealed record).
4. See, for example, Colorado House Bill 19-1025 (signed by Governor Jared Polis on May 28, 2019); CRS 8-2-130.
5. See same.