Most of us consider ourselves to be law-abiding citizens. But the average person commits three felonies every single day. Those felonies may not be apparent crimes. In most cases, you’ll need to find yourself on the radar of a very ambitious federal prosecutor for those crimes to mean anything.

Our rampant law-breaking isn’t to say that we’re all criminals or that felonies don’t matter. Instead, it suggests that criminal law regulating felonies is often vague. Imagine how easy it must be to commit a misdemeanor without knowing about it.

If you received a misdemeanor conviction – after knowingly violating the law or not – you might wonder how what that conviction means. Will a misdemeanor affect a background check? How long does a misdemeanor stay on your record? Can it ever be erased?

Keep reading to learn the answers to all these questions and more.

Will a Misdemeanor Affect a Background Check?

A misdemeanor shows up on your background check in all but select cases.

County courts remain in charge of misdemeanor charges and conviction. A state background check will show the charges, the conviction, and county issuing the ruling.

In some cases, misdemeanors don’t show up on state background checks. A hidden conviction isn’t the result of good fortune, nor does it mean your conviction was wiped. Sometimes, states don’t include all the information required including county information in its records. If your state records don’t include data from the county, then the misdemeanor may not show up.

It’s hard to know how your county and state process these convictions until you pull your own background check.

Who Can See the Misdemeanor on My Background Check?

Anyone who performs a state background check using your information can see your misdemeanor.

Did the conviction occur when you were a juvenile? Then, it’s possible that your criminal record from that period is sealed. If your record isn’t sealed or expunged, then it’s possible to hire an attorney to file a motion on your behalf. Either way, an employer shouldn’t be able to see a juvenile record on a criminal background check. If the information is available, it would typically be made available only to a district attorney.

The best way to know what’s visible on your criminal history is to pull your own criminal history from the state and see the full report for yourself.

Do Employers Reject Candidates with Misdemeanors?

Employment law mandates that employers ask for your written permission before requesting a background check. If they choose not to hire you based on your background check, the employer must provide you with the report and inform you of their decision.

Although corporate giants talk the talk, the majority of employers don’t reject quality candidates based on criminal convictions. Only 5% of applicants are turned away back on their background check.

In fact, 67% of employers present an understanding front. If the background check highlighted a new reality that the applicant hadn’t listed on their application, the candidate gets a chance to explain.

Of course, not all employers are so lenient. Some sectors can’t afford an inch of wiggle room. Jobs mandating security clearance will deny a person with convictions. Any position where you’re serving children, the elderly, the disabled, or another vulnerable population typically requires a completely clean slate as well. In some cases, like a job that requires handling money or personal details, any theft conviction comes with a rejection letter.

Just Be Honest

If your misdemeanor (or felony) was part of a false charge or conviction, be upfront with your potential employer. They don’t want to hear excuses, but it is easier to discuss potential issues in your background up front rather than waiting for them to find out about them.

Ultimately, any issue with your misdemeanor is employer dependent. The average employer won’t mind if you received a misdemeanor for underage drinking ten years ago but haven’t been convicted of anything else since. A string of recent DUIs that you didn’t disclose before the background check, on the other hand, may lead to some uncomfortable questions.

Remember, your misdemeanor won’t likely prevent you from being hired. But corporations take little time to fire employees who lied on their job applications.

How Long Will a Misdemeanor Stay On My Record?

Laws regarding the removal of misdemeanors vary by state. A misdemeanor remains on your record for life if you don’t act to remove it.

Not all convictions qualify for removal, and you can’t remove it before a five-year minimum expires.

How Can I Remove a Misdemeanor from My Background Check?

Removing a misdemeanor from your criminal record requires a legal process called expungement. Expungement means deleting the record. All files related to your case may also be deleted.

In some cases, the record will only be sealed, which means that you continue to have a record but it’s not possible to see the conviction. Whether the sealed conviction is visible depends on your state. Mighican removes the file entirely, but California leaves records – even sealed records – open to the public.

To get started, visit your state’s court website to find out what misdemeanors are eligible and when. If you qualify, you’ll file a petition for expungement or sealing from the court or the law enforcement agency that arrested you. People who are eligible for expungement tend to be:

• First-time offenders
• Juveniles when convicted
• Those who carry a drug offense
• Those who haven’t committed further crimes

If the misdemeanor expunged from your record was the only trace of your history, you’re in the clear. It’s now legal to tell future employers or landlords that you don’t have a criminal record.

Like many aspects of the criminal justice process, expungement may be complicated. An expungement attorney will help wrap the process up faster than attempting to work the system on your own.

Misdemeanors Aren’t the End of the World

Your conviction may weigh heavily on you. Will a misdemeanor affect a background check, or won’t it?

Unless you had the role of a kindergarten teacher or CIA director in your sights, it may not mean much to potential employers. Plus, it’s often possible to expunge them from your record completely if you haven’t committed other crimes.

Want to learn more about those pesky laws or finding a new job? Read more of our interesting tips.