Yes, a misdemeanor conviction usually does show up on a background check, but whether it appears in any specific report depends on the kind of check being run, the age of the record, the salary of the position, your state’s reporting laws, and whether the record has been expunged or sealed. Under federal law there is no time limit on reporting a misdemeanor conviction, so a conviction from twenty years ago can legally appear. About ten states set their own cutoffs that are stricter.
What Actually Decides Whether It Appears
Five things control the outcome. The depth of the search decides whether the record can be found at all. Federal law decides what a paid screening company is allowed to report. State law sometimes adds tighter limits. Diversion, deferred adjudication, sealing, or expungement can change the record’s status. And the salary of the job opens or closes a major federal exception.
A criminal background check searches court records and law enforcement databases for a person’s history with the justice system. A typical report lists the charge, the date of the offense, and the disposition, meaning the final outcome. Depending on the search, results may come from county, state, and federal courts.
How the Type of Check Changes the Answer
Basic pre-employment screenings rely on commercially available databases that compile public records from courts across the country. They’re fast and cheap, and they miss records that haven’t been digitized or indexed. An older misdemeanor from a small rural county court that doesn’t regularly upload to national databases may not surface in a basic check.
Fingerprint-based searches go much deeper. Prints run against state and FBI criminal databases are far more likely to locate a misdemeanor regardless of where it happened. Healthcare, finance, education, and childcare employers routinely require this level of screening, and many state licensing boards mandate it.
The purpose of the check also shapes what gets pulled. A background check for a driving job pulls your motor vehicle record, so a DUI or other traffic-related misdemeanor will show. A check tied to a professional license may focus on offenses related to the duties of that profession.
Federal Reporting Rules Under the FCRA
The Fair Credit Reporting Act is the main federal law governing what a consumer reporting agency can include in a background check used for employment, housing, or credit decisions. Two time rules matter. Arrest records that did not lead to a conviction cannot be reported if they are more than seven years old. There is no federal time limit on reporting criminal convictions, including misdemeanor convictions.1Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
There is a significant exception that catches many people off guard. The FCRA’s seven-year limit on reporting arrests, civil judgments, and other non-conviction records does not apply to positions with an annual salary of $75,000 or more. For higher-paying jobs, a consumer reporting agency can report arrest records of any age, even arrests that were dismissed or never prosecuted.1Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
One boundary is worth flagging. The FCRA applies only when an employer uses a third-party consumer reporting agency to run the check. If an employer searches public court records on their own, the FCRA’s reporting restrictions do not technically apply, though state laws may still impose limits.
State Rules That Go Further
About ten states limit how far back a consumer reporting agency can report even criminal convictions, most capping it at seven years. If you live or work in one of those states, a misdemeanor conviction older than the cap may not appear on an employment background check regardless of salary level.
A separate category of state and local laws, commonly called “ban the box,” doesn’t restrict what shows up on the report itself but controls when an employer can ask about it. More than 37 states and over 150 cities and counties have adopted some form of fair-chance hiring law. These laws typically delay criminal history inquiries until after an initial interview or a conditional job offer. Some cover only government employers, others reach private employers above a certain size.
Diversion and Deferred Adjudication
If you completed a pretrial diversion program or received deferred adjudication, your case likely ended without a formal conviction. That distinction matters, but the record doesn’t disappear. A deferred adjudication that results in dismissal will still show up on most background checks, usually showing the original charge and a disposition of “dismissed” or “deferred.”
Because a successfully completed diversion is not a conviction, you may be able to answer “no” if an application asks whether you have been convicted of a crime. The underlying arrest and case records remain visible unless you take additional steps to seal or expunge them. Some states explicitly prohibit employers from considering participation in a diversion program as a negative factor, but that protection is not universal.
Expungement and Sealing
Expungement and sealing are the most effective tools for keeping a misdemeanor off a background check. When a record is expunged, the court orders it destroyed or treated as if it never existed. When a record is sealed, it still exists but is removed from public access and requires a court order to view. Either outcome means the record will not appear on most standard background checks for employment or housing, and in most states you can legally say you were not convicted of the offense.
The process requires filing a petition with the court that handled the original case. Court filing fees for misdemeanor expungement petitions typically fall in the range of $150 to $400, with total costs often running higher once legal representation is included. Eligibility rules vary. Some states allow expungement only for certain misdemeanor offenses, some require a waiting period after the sentence is completed, and others limit expungement to first-time offenders.
Expunged and sealed records are not invisible to everyone. Law enforcement agencies, courts, and certain government employers can still access them. Background checks for positions involving national security clearances, law enforcement, or work with children and vulnerable populations often reach sealed records. For a standard pre-employment screening at a private company, the record should not appear.
Why an Expunged Record May Still Show Up
Even after a court grants an expungement, the record can linger in private background check databases for months or even years. Commercial data aggregators collect court records in bulk and do not automatically sync with court systems when records are later expunged. Organizations that work to accelerate this process report that even with direct outreach to background check companies, updating records typically takes 60 to 120 days.
If an expunged misdemeanor appears on a background check, you have legal recourse. The FCRA requires consumer reporting agencies to maintain reasonable procedures for ensuring accuracy. When a report includes a record that has been expunged or sealed, the agency is reporting inaccurate information. Keep certified copies of your expungement order on hand, because you may need to provide documentation more than once as different databases catch up.
If a Check Costs You a Job
If an employer plans to reject your application, rescind an offer, or take any other negative action based on something in a background check, the FCRA requires them to follow a specific process. The employer must first give you a copy of the report along with a document called “A Summary of Your Rights Under the Fair Credit Reporting Act.” This is the pre-adverse action notice, and its purpose is to give you a chance to review the report and flag errors before the decision becomes final.2Federal Trade Commission. Using Consumer Reports: What Employers Need to Know
After the adverse action is taken, the employer must send a second notice identifying the consumer reporting agency that supplied the report and stating that the agency did not make the hiring decision. The notice must also inform you of your right to request a free copy of the report within 60 days and to dispute inaccurate information.3Office of the Law Revision Counsel. 15 USC 1681m – Requirements on Users of Consumer Reports
These rights apply whether the problem is a misdemeanor conviction, an old arrest, or a case of mistaken identity. If an employer skips these steps, they have violated federal law regardless of whether the underlying information was accurate.
How to Dispute Something That Shouldn’t Be There
If your background check contains wrong information, such as a misdemeanor that belongs to someone else, a charge listed as a conviction when it was dismissed, or an expunged record that still appears, you can dispute it under the FCRA. Contact the consumer reporting agency that produced the report, identify the inaccurate item, and explain why it is wrong. The agency must begin a reinvestigation within five business days of receiving your dispute and complete it within 30 days. If you submit additional documentation during the investigation, the agency gets an extra 15 days. No fee can be charged.1Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
If the agency cannot verify the disputed item, it must remove or correct it. Submit your dispute in writing with supporting documents. If the issue is an expunged record, include a certified copy of the court order. If it’s mistaken identity, include proof such as a different date of birth or Social Security number. Keep copies of everything, and note the dates, because the 30-day clock starts when the agency receives your dispute.