Landing a job is tough enough without a criminal record. Add a misdemeanor conviction to the mix, and the challenge grows exponentially. You submit applications, prepare for interviews, and hope for the best—only to face rejection after rejection once background checks reveal your past.
Misdemeanors that prevent employment can stay on a record for years. Employers conduct background checks on nearly 95% of job candidates, and what they find can make or break your chances.
So, can you get a job with a misdemeanor?
Do Employers Really Care About Misdemeanors?
The short answer: it depends.
Not all misdemeanors carry the same weight. A decade-old disorderly conduct charge likely won’t raise eyebrows for a warehouse position.
But a recent theft conviction? That’s a different story, especially if the job involves handling money or merchandise.
Employers evaluate misdemeanors based on:
- How recent the conviction occurred
- Whether the offense relates to the job duties
- The nature and severity of the crime
- Evidence of rehabilitation since the conviction
- Company policies and industry regulations
Healthcare, education, finance, and government positions often have zero-tolerance policies for certain criminal histories.
Which Misdemeanors Create the Biggest Problems?
Certain misdemeanor convictions raise immediate red flags for employers across most industries. The connection between the offense and job responsibilities matters more than the conviction itself.
Theft and Property Crimes
- Shoplifting, stealing, fraud, and property damage
- Signal dishonesty to employers
- Block retail positions, banking jobs, and cash-handling roles
Assault and Violence
- Misdemeanor assault, battery, or domestic violence
- Raise workplace safety concerns
- Difficult for customer-facing or team positions
Drug and Alcohol Offenses
- DWI convictions and drug possession charges
- Create barriers for driving or machinery operation jobs
- Transportation, delivery, and construction firms often have strict policies
Sexual Offenses
- Even misdemeanor sexual misconduct charges create severe obstacles
- Most employers won’t risk the liability, regardless of position
Dishonesty Crimes
- Fraud, forgery, and identity theft at the misdemeanor level
- Destroy trust before employment begins
- Financial institutions and legal firms nearly impossible to access
The Pattern Employers See
The thread connecting all these offenses is simple: employers assess risk.
- A theft conviction suggests financial dishonesty.
- Violence indicates poor impulse control.
- Drug offenses raise questions about reliability.
Each conviction tells a story about judgment and decision-making, and employers use that story to predict future behavior.
How Background Checks Work
Most companies use third-party screening services that search court records, criminal databases, and public records.
These checks typically reveal:
- Criminal convictions (both felonies and misdemeanors)
- Pending criminal cases
- Arrest records (in some states)
- Court dispositions and sentencing details
The depth varies by position. Entry-level jobs might only check the past seven years, while sensitive positions could examine your entire adult life.
What the Law Requires
Missouri allows employers to consider criminal history, but they must follow Fair Credit Reporting Act (FCRA) guidelines. Employers must get permission before running a background check and provide a copy if they deny employment based on criminal history.
When Should You Disclose Your Misdemeanor?
This question creates anxiety for many job seekers. Disclose too early, and you might not get a chance to explain. Wait too long, and you look dishonest.
If the application asks about criminal history, answer truthfully. Lying gives employers grounds for immediate termination, even if they would have hired you knowing the truth.
When the application doesn’t ask, you’re not obligated to volunteer information. However, prepare for the conversation once a background check is requested.
The best approach:
- Wait until you’ve made a positive impression during the interview
- Bring it up before the background check if you sense the job is yours
- Frame the conviction as a learning experience
- Keep the explanation brief and focus on what you’ve done since
- Emphasize your qualifications and reliability
Strategies for Overcoming Employment Barriers
A misdemeanor conviction doesn’t have to derail your career permanently.
- Get Your Record Expunged
Missouri law allows expungement of certain misdemeanor convictions after a waiting period. Expungement erases the conviction from public records, meaning it won’t appear on most background checks.
Rose Legal Services handles expungement cases throughout Missouri and can evaluate whether your misdemeanor qualifies for removal.
- Build Your Professional Profile
- Strengthen your candidacy by:
- Building a resume that showcases skills and achievements
- Completing volunteer work and community involvement
- Obtaining additional training and professional certifications
- Practicing your explanation until it’s honest but brief
- Strengthen your candidacy by:
- Target the Right Employers
- Consider these approaches:
- Small businesses that take a personal approach to hiring
- Industries known for second chances (construction, hospitality, food service, warehouse operations)
- Companies that evaluate work ethic over past mistakes
- Consider these approaches:
- Get Professional References
Strong references from previous employers, volunteer coordinators, or community leaders counterbalance concerns about your criminal record.
These testimonials provide evidence that you’re reliable, trustworthy, and capable.
Can Employers See Dismissed or Expunged Charges?
The answer depends on what happened to your case and how thoroughly the employer searches.
Dismissed Charges
Dismissed charges remain visible on most background checks. Even though the case didn’t result in a conviction, the arrest and court filing still create a public record.
However, employers face restrictions on how they can use dismissed charges. They cannot deny employment based solely on an arrest that didn’t lead to a conviction.
Expunged Records
Expungement offers stronger protection. When a Missouri court expunges a conviction, it orders the removal of the record from public databases. This means:
- The conviction won’t appear on most commercial background checks
- State repositories remove the information from public access
- You can legally state you’ve never been convicted of that offense
But expungement isn’t perfect. Some records remain accessible:
- Law enforcement databases still maintain expunged records for internal use. Police can see them during investigations or subsequent arrests.
- Federal background checks for certain positions (law enforcement, government security clearances, jobs working with children) may still reveal expunged convictions.
- FBI databases retain fingerprint records even after state expungement. Jobs requiring federal background checks might uncover these records.
Know Your Rights as a Job Applicant
Missouri and federal law provide some protections for job applicants with criminal records.
Key protections include:
- Employers cannot discriminate based solely on arrest records without convictions
- The EEOC requires individualized assessments, not blanket bans
- “Ban the box” policies in some Missouri cities prevent asking about criminal history on initial applications
- Employers must provide written notice if they deny employment based on background checks
Misdemeanors Do Not Define Your Future
A misdemeanor conviction complicates the job search, but it doesn’t make employment impossible.
The key is preparation. Know what employers will find, have your explanation ready, and emphasize the steps you’ve taken to move beyond your past. Many people with criminal records go on to build successful careers.
If you’re exploring options for clearing your record or need guidance on addressing employment barriers related to a misdemeanor conviction, connecting with experienced legal counsel can help you understand your options and take steps toward a fresh start.