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Will a misdemeanor conviction affect future employment potentials?

Category: Law & Legal

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The reason I'm asking this is because someone said only felony charges show up on criminal background checks. I don't have a felony record, only a misdemeanor. I was convicted of a physical control under the influence two years ago and that was my first offense. I have stayed clean since. I'm getting ready to graduate from college soon and will be in the market for a job. I'm worried though that my misdemeanor will prevent me from obtaining employment. What will the human resource department think of my misdemeanor and will I be able to expunge my misdemeanor?

Katharine
Katharine

It really depends on what line of work you are getting into. Health care and child care, for example, have very strict guidelines they have to follow when dealing with criminal backgrounds. My best advice I give anyone with a criminal history is to be honest on the application and explain the situation to the best of your ability. Things like the age you were when you committed the offense and the fact that you have not had any other incidents since then might work in your favor. Not all convictions will be a dis-qualifier.

Most employers today run background screenings on all employees. That is why you want to make sure you are honest on the application. If it comes back that you lied on your app. you will probably be immediately terminated.

Diana B
Diana B

A misdemeanor conviction is a criminal conviction, and it will severely affect your potential for employment.

"someone said only felony charges show up on criminal background checks"

Questions on YA ask this every day - "I heard someone say ________________; is that true?" So having partly accepted the likely unsupported guesswork of others, all they do is take their question...to a bunch of strangers on cyberspace.

"I was convicted of a physical control under the influence"

You mean driving/having physical control over a vehicle while under the influence?

"What will the human resource department think of my misdemeanor"

They won't have to think. They will know that you are a criminal convict, and weigh that against you - along with your being young and inexperienced, you will also have the weight of a criminal conviction to bear. HR people are people - they use common sense, just like you do. Put yourself in their shoes and ask yourself how you would feel. You might think favorably - if only because you know you're really hoping that others would give you a break. But you can be pretty sure that wishful thinking won't work.

"will I be able to expunge my misdemeanor"

Generally no - a misdemeanor conviction is a criminal conviction and the point of criminal convictions is that they are permanent and visible reminders of actions you committed for your own selfishness at the expense of society (even putting society at risk - if you didn't cause an accident).

There are possible alternatives:

1) if your state provides for expungement of offenses such as the one you've been convicted of, then the law might work you.

2)if you were an underage defendant, such convictions may be sealed (but not expunged).


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