Does Misdemeanor Show on Background Check?
When applying for a job, renting a property, or obtaining credit, a background check may be required. These checks can reveal a wealth of information about an individual, including their criminal history. But what exactly does a background check show, and does a misdemeanor show on a background check?
What is a Misdemeanor?**
Before we dive into the specifics of background checks, it’s essential to understand what a misdemeanor is. A misdemeanor is a type of criminal offense that is considered less severe than a felony. Misdemeanors are typically crimes that are punishable by fine or imprisonment for a specific period, usually less than one year.
What Does a Background Check Show?**
A background check is a inquiry into an individual’s past to gather information about their criminal history, employment, education, and other pertinent details. The specific types of information that a background check may reveal can vary depending on the type of check being conducted and the state or country in which it is being performed. However, common items included in a background check may include:
• **Criminal history**: A record of an individual’s arrests, convictions, and sentences. This can include felonies, misdemeanors, and infractions.
• **Employment history**: Information about an individual’s employment history, including job titles, dates of employment, and reasons for leaving previous positions.
• **Education**: Information about an individual’s educational background, including degrees earned, institutions attended, and dates of graduation.
• **References**: Contact information for personal or professional references.
Does a Misdemeanor Show on a Background Check?**
A misdemeanor will typically show up on a background check as a criminal conviction. Misdemeanors are treated similarly to felonies, and both are considered criminal records. However, the importance of a misdemeanor conviction compared to a felony conviction is often a matter of individual circumstances.
In Which States Do Misdemeanors Show Up On Background Checks?**
Whether a misdemeanor shows up on a background check can also depend on the state where the check is being performed. Some states have what is known as “closed records” laws, which means that certain types of criminal records, including misdemeanor convictions, are sealed from public view after a specified period of time. According to the **National Workrights Institute**, the following states have closed records laws regarding misdemeanor convictions:
| **State** | **Effective Date** | **Minimum Time Required** |
| — | — | — |
| California | August 18, 1949 | 7-10 years |
| Indiana | July 1, 1975 | 5 years |
| Missouri | August 28, 1973 | 5 years |
| Tennessee | April 17, 1973 | 5 years |
| Nevada | July 1, 1973 | 5 years |
How Long Does a Misdemeanor Remain on a Background Check?**
The length of time that a misdemeanor remains on a background check can also vary depending on the jurisdiction. In some states, misdemeanor convictions can remain on a background check for up to 10 years or more. In others, they may be dismissed or expunged (erased) after a certain period of time, usually 5-10 years.
Federal Background Checks:**
Federal background checks, those conducted by the FBI through the National Instant Criminal Background Check System (NICS), are slightly different in terms of what they will show. According to the **FBI**, if a misdemeanor conviction is felony-related, it will **not** be reported by the NICS. For example, if a conviction is related to a criminal offense that is typically filed as a felony, the NICS will not show the conviction, even if it was originally charged or convicted as a misdemeanor. However, if the offense is not typically filed as a felony, the misdemeanor conviction will be reported to the NICS.
**Conclusion:**
In summary, a misdemeanor will show up on a background check as a criminal conviction in most states. However, the importance of a misdemeanor conviction compared to a felony conviction is often a matter of individual circumstances. Closed records laws in certain states can also affect the appearance of misdemeanor convictions on a background check. Additionally, federal background checks may handle misdemeanor convictions differently than state-level checks. It is essential to understand the specifics of background checks in individual states and jurisdictions to effectively navigate the process.
