Do Misdemeanors Show Up On Background Checks?
When you’re applying for a job, renting a home, or volunteering, you may wonder, “Do misdemeanors show up on background checks?” It’s a valid concern—one that can feel overwhelming when you’re unsure how your history might be interpreted.
Employers, landlords, and other decision-makers often rely on these checks to form opinions about your trustworthiness or reliability. Understanding what shows up and why helps you prepare for these moments and ensures you know your rights.
Let’s explore how misdemeanors are handled in background checks and what steps you can take to navigate this part of your past.
Misdemeanor Criminal Convictions and Background Checks
Understanding What Appears in a Criminal Background Check
When you’re applying for a job or rental in North Carolina, a criminal background check may uncover more about your past than you realize. Misdemeanor convictions, often viewed as less severe than felonies, can still appear in employment background checks, tenant screenings, or even during state licensing reviews.
Knowing how your misdemeanor conviction may impact your opportunities helps you better prepare for the hiring process or any other evaluation involving your criminal record.
How Misdemeanor Convictions Are Reported
Misdemeanor convictions in North Carolina typically appear in public court records. A conviction history might include offenses like disorderly conduct, reckless driving, or minimal jail time served for non-violent misdemeanors.
Additionally, certain databases, including DMV driving records or vehicle registration records, may reveal traffic-related offenses. These records are often accessed by employers, landlords, or other decision-makers using a third-party reporting agency.
The Role of State and Federal Laws
North Carolina’s laws, alongside federal regulations like the Fair Credit Reporting Act (FCRA), dictate how and when criminal records can be reported. Under these guidelines, an employer background check requires the applicant’s written consent before accessing sensitive information.
The FCRA stipulates that employers must:
- Provide a clear and conspicuous written disclosure to the applicant, informing them that a background check will be conducted for employment purposes.
- Obtain the applicant’s written authorization before proceeding with the background check.
- If any adverse action is taken based on the background check results (such as not hiring the applicant), the employer must provide the applicant with a copy of the report and a summary of their rights under the FCRA.
These provisions are designed to protect applicants’ privacy and ensure they are informed about and consent to background checks conducted by potential employers.
However, background check laws don’t necessarily preclude employers from considering your past misdemeanor offenses. State and federal laws aim to strike a balance between promoting fair employment opportunities and protecting public safety.
How “Ban the Box” Laws Affect Misdemeanor Reporting
North Carolina has not fully adopted “ban the box” laws, which encourage employers to delay questions about an applicant’s criminal history until after a conditional job offer is made.
Without this protection, job seekers in NC may face questions about their criminal background earlier in the hiring process.
However, employers must conduct an individualized assessment when considering misdemeanor convictions, evaluating the direct negative connection between the offense and the role.
Did you know that NC has statutes in place to help you clear your record? This is about more than erasing past offenses; it’s about creating new opportunities and freeing yourself from old limitations. If you’re ready to explore your options, contact us for a free consultation. Call Scharff Law today at (919) 457-1954 to get started.
How to Navigate an Employment Background Check
Facing a background check with a misdemeanor record can feel daunting, but transparency and preparation are key. Employers often review credit reports, education records, and even insurance claims as part of their assessment.
If your misdemeanor conviction appears, being prepared to explain the past and present circumstances, along with any other mitigating factors, can help ease concerns.
Criminal Records: What Can You Do to Get a Clean Slate in NC?
Understanding Expungement in North Carolina
If you’ve been convicted of a misdemeanor in North Carolina, you may wonder if it’s possible to wipe the slate clean. Expungement offers you a way to remove eligible criminal records, giving you a fresh start for employment background checks, housing applications, and more.
Knowing how expungement works and which misdemeanors qualify can make all the difference in navigating your criminal history and reclaiming your future.
What Is Expungement?
Expungement is a legal process that allows you to remove certain criminal convictions, arrest records, or charges from public records. In North Carolina, court records, DMV driving records, and other public repositories often document criminal convictions, making it difficult to move on from past offenses.
Expungement helps you clear these records so they no longer appear in criminal background checks conducted by employers, landlords, or state licensing agencies.
Which Misdemeanors Are Eligible for Expungement in NC?
Not all misdemeanors qualify for expungement in North Carolina. Generally, non-violent misdemeanors are the most likely to be eligible.
For example:
- Minor theft offenses or property damage that led to a conviction
- Certain drug possession charges, especially if they didn’t involve further criminal activity
- Non-violent misdemeanors like disorderly conduct or traffic violations, depending on the circumstances
Violent offenses are typically excluded from expungement eligibility. Additionally, individuals with prior convictions for serious offenses may find it harder to qualify.
How to Start the Expungement Process
To expunge a criminal record in North Carolina, you need to file a petition with the court in the county where the conviction occurred. This process includes:
- Completing the appropriate legal forms and submitting them to the clerk of court
- Providing documentation, such as evidence of rehabilitation or proof of completed sentencing
- Attending a hearing, where a judge reviews your application and determines if expungement is appropriate
You may need legal assistance to ensure your petition is complete and meets the requirements for your specific case.
Impact of Expungement on Background Checks
Once your criminal record is expunged, it no longer appears in official background checks by state and federal agencies. If it appears in a background check by a third-party, you can contest it. This means that employer background checks, tenant history reviews, and state licensing records should not include the expunged conviction.
However, federal laws prohibit employers from using certain types of criminal history even if the record hasn’t been expunged, so it’s worth understanding both state and federal protections.
What About Ban the Box Laws in NC?
While North Carolina doesn’t have a statewide ban-the-box law, many employers have voluntarily removed questions about an applicant’s criminal history from initial job applications.
Expungement can complement these efforts by ensuring your past offenses don’t unfairly limit your access to fair employment opportunities.
A Path to a Fresh Start
Expungement isn’t just about erasing past criminal convictions—it’s about reclaiming your future. By clearing your record, you can minimize the impact of misdemeanor convictions on your life, whether you’re applying for a job, renting a home, or seeking a professional license.
If you’re ready to take the next step toward a clean slate, exploring your eligibility for expungement in North Carolina is an empowering place to start. Begin with a free consultation to ensure you find an attorney you can work well with.
Need Help With Clearing Your Record in North Carolina?
Understanding Your Options
If your criminal record is holding you back from jobs, housing, or other opportunities, you’re not alone. Many people face the frustration of being judged by past mistakes.
At Scharff Law, we’re here to help you take back control of your future. Whether you’re navigating the challenges of criminal background checks or trying to move forward from prior convictions, clearing your record can make a significant difference in your life.
How We Make the Process Easier
Expungement can feel overwhelming, especially if you’re unsure about your eligibility or how to start. That’s where we come in. At Scharff Law, we offer a free consultation to help you understand your specific situation.
As part of this consultation, we:
- Retrieve your criminal record
- Evaluate your eligibility for expungement
- Explain the steps involved
From minor offenses to misdemeanor convictions, we work closely with you to ensure you’re fully informed and confident in the process.
Why Work With Scharff Law?
Navigating the legal system on your own is complicated, but you don’t have to do it alone. With our experience in expungement cases, we understand the ins and outs of North Carolina’s laws and how to apply them to your case.
We also recognize that your story involves more than past criminal convictions—it’s about your current efforts and future potential.
Our goal is to ensure the process feels manageable, supportive, and tailored to your needs.
Start Moving Forward Today
Clearing your record is about more than erasing past offenses; it’s about creating new opportunities and freeing yourself from old limitations. If you’re ready to explore your options, contact us for a free consultation. Let’s take the first step together toward a brighter future.
Call Scharff Law today at (919) 457-1954 to get started.