Yes, you can work at Walmart with a misdemeanor on your record. Walmart has no blanket rule against hiring applicants with past misdemeanor convictions. Every applicant goes through a background check, and the company weighs each record individually, looking at what the offense was, how long ago it happened, and whether it has anything to do with the job you’re applying for.
That means the answer depends less on whether you have a misdemeanor and more on which misdemeanor, how old it is, and which position you want.
Which Misdemeanors Weigh Against You
Retail employers don’t treat every misdemeanor the same. Walmart looks at how closely the offense relates to the duties of the specific job. A shoplifting or petty theft conviction gets heavier scrutiny for a cashier or self-checkout attendant than for an overnight stocker or warehouse role. A misdemeanor DUI matters more when the position involves driving, like delivery or lot attendant work.
The Equal Employment Opportunity Commission points to three factors, drawn from the Eighth Circuit’s decision in Green v. Missouri Pacific Railroad, that employers should consider:1U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII
- The nature and gravity of the offense. A violent misdemeanor carries more weight than a minor drug possession charge, and the EEOC treats misdemeanors as less severe than felonies.
- How much time has passed. An offense from eight years ago reads very differently than one from eight months ago.
- The nature of the job. Specific duties, level of supervision, and whether the role involves handling money or working with vulnerable people all matter.
The takeaway: older, less serious misdemeanors that don’t line up with the job are the least likely to block a hire. A recent theft charge and a cash-handling position is the combination most likely to cause problems.
How Far Back the Background Check Reaches
Walmart uses a third-party screening company such as First Advantage. Before the check runs, federal law requires Walmart to give you a clear written disclosure and get your written authorization.2Office of the Law Revision Counsel. United States Code Title 15 – Section 1681b
Under federal law, there is no time limit on reporting criminal convictions. The Fair Credit Reporting Act’s seven-year cap applies to arrests that didn’t lead to convictions and other adverse items, but convictions are excluded from that limit.3Office of the Law Revision Counsel. United States Code Title 15 – Section 1681c Federally, a 15-year-old misdemeanor conviction can still show up.
State law can narrow that. Roughly a dozen states have their own seven-year limits on reporting convictions. California, Massachusetts, Montana, and New Mexico impose the seven-year cap broadly. Kansas, Maryland, New Hampshire, and Washington apply it only to positions below a certain salary threshold. Where a state cap exists, the screening company must follow it. If you live in one of those states and your misdemeanor is older than the cap, it should not appear on the report at all.
When Your Record Comes Up in the Hiring Process
Fifteen states and more than 150 cities and counties have “ban the box” laws that require private employers to remove criminal history questions from the initial application. In those places, Walmart cannot ask about your record on the application itself. Your qualifications are evaluated first, and the record is discussed later.
Where fair-chance hiring laws are stronger, the background check is delayed until Walmart extends a conditional job offer. If the check then turns up a misdemeanor, many of these laws require the employer to evaluate the offense using factors similar to the EEOC’s framework and give you a chance to respond before pulling the offer. Where no ban-the-box law applies, criminal history can come up earlier.
For applicants with a misdemeanor, this matters. In a ban-the-box jurisdiction, you get to interview and possibly receive a conditional offer before your record is on the table. That’s a real chance to make an impression on the hiring manager before an old misdemeanor gets weighed.
What to Do If the Background Check Triggers a Rejection
If Walmart decides not to hire you based on something in your report, federal law requires a specific process before the decision is final. This is where you have more leverage than most applicants realize.
The Pre-Adverse Action Notice
Walmart must send a pre-adverse action notice that includes a complete copy of your background check report and a document called “A Summary of Your Rights Under the Fair Credit Reporting Act.”4Federal Trade Commission. Using Consumer Reports: What Employers Need to Know The Federal Trade Commission recommends employers wait at least five business days after this notice before finalizing the decision. That gap exists so you can review the report and respond.
Check the Report for Errors
Background check errors are more common than most people assume. Look for convictions belonging to someone with a similar name, charges that were dismissed but reported as convictions, offenses listed in the wrong jurisdiction, and records that should have been excluded under your state’s reporting limits. If you find an error, you can dispute it directly with the screening company, which is required to investigate and correct inaccurate information.
Present Context, Not Just Corrections
You’re not limited to disputing errors during that window. You can also submit information that puts the misdemeanor in context. Completion of counseling, community service, vocational training, or educational programs all show that you’ve moved past the offense. Letters of recommendation from employers, community leaders, or probation officers reinforce that picture. A brief personal statement explaining the circumstances and what you’ve done since can help, particularly when the misdemeanor was a one-time lapse rather than a pattern.
The EEOC’s guidance specifically identifies rehabilitation efforts, post-conviction employment history, and character references as relevant to an individualized assessment.1U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII Providing this information on your own initiative shows accountability.
The Final Adverse Action Notice
If Walmart still moves forward with the rejection, it must send a final adverse action notice identifying the screening company, stating that the screening company did not make the hiring decision, and telling you that you can request a free copy of the report within 60 days and dispute inaccuracies.4Federal Trade Commission. Using Consumer Reports: What Employers Need to Know If Walmart skipped either step, that may itself be an FCRA violation worth raising.
Expungement Before You Apply
If your state allows expungement or sealing of misdemeanor records, pursuing it before you apply can change the outcome entirely. Once a record is expunged, it is either erased or sealed from public access. Most private-sector background checks will no longer show it, and in most states you are legally permitted to answer “no” when asked whether you have a criminal record.
Eligibility varies. Some states allow expungement for most misdemeanors after a waiting period; others limit it to specific offense categories or first-time offenders. Court filing fees range from nothing to a few hundred dollars, and some states now offer automatic expungement for qualifying offenses. A county clerk’s office or a local legal aid organization can tell you whether you qualify.
An expunged misdemeanor that doesn’t appear on the report can’t factor into Walmart’s decision. If a screening company reports one anyway, that company may be violating state or federal law, which gives you grounds to dispute it. For an older or minor misdemeanor, expungement is often the single most effective step you can take before applying.
When a Rejection May Cross Into Discrimination
Not every misdemeanor-based rejection is discriminatory. Walmart can legally decline to hire someone whose recent theft conviction is directly relevant to a cash-handling role. But if you believe you were rejected not for a genuine job-related reason but because of your race, ethnicity, or another protected characteristic, you can file a charge of discrimination with the EEOC. The charge is a signed statement asserting that the employer discriminated, and it triggers an EEOC investigation. Many states and cities have their own fair employment agencies, and filing with one usually dual-files the charge with the EEOC automatically.5U.S. Equal Employment Opportunity Commission. Filing A Charge of Discrimination