Will a Misdemeanor Show Up on a Background Check?

Most Common Misdemeanors on Background Checks

The 7-Year Rule Explained — Federal vs. State

The FCRA 7-year rule is frequently misunderstood. Under federal law, the 7-year limit only applies to non-conviction records (arrests without conviction, civil suits, tax liens, etc.) reported by consumer reporting agencies. Misdemeanor and felony convictions can be reported indefinitely under federal law. However, 11 states have passed their own laws limiting conviction reporting to 7 years (or less, in the case of Massachusetts at 3 years for misdemeanors). Important exception: the FCRA 7-year limit does not apply to positions with annual salaries exceeding $75,000 — employers screening for these positions can see the full history regardless of state. The 7-year clock starts from the date of disposition (sentencing, dismissal, etc.), not the date of the offense.

Ban-the-Box Laws — When Employers Can Ask About Misdemeanors

As of 2026, more than 37 states, Washington D.C., and over 150 cities and counties have ban-the-box or fair chance hiring laws. These laws prohibit employers from asking about criminal history on the initial job application. Employers can only ask after making a conditional job offer or, in some jurisdictions, after the first interview. Recent updates: Philadelphia reduced the lookback period for misdemeanors from 7 years to 4 years (effective January 2026). Washington State expanded its Fair Chance Act to cover existing employees for internal promotions (effective July 2026). Texas enacted its first statewide ban-the-box law (effective September 2025) applying to employers with 15 or more employees. The strictest states are California, New York, Massachusetts, and Washington.

How to Explain a Misdemeanor to an Employer

If an employer asks about your misdemeanor during the hiring process, preparation is key. Be honest — lying about your criminal history and being caught later is almost always worse than disclosing upfront. Keep your explanation brief (under two minutes) and structured: acknowledge what happened, take responsibility, explain what you learned, and describe what has changed since then. Do not go into excessive detail about the circumstances. Focus on growth and rehabilitation — mention steps you have taken like completing treatment programs, community service, education, or steady employment since the conviction. Time your disclosure carefully — address it in the middle of the interview, not at the beginning or end. Offer references who can speak to your character and reliability. Many employers are more understanding than you expect, especially for older misdemeanors.

Types of Background Checks and Whether Misdemeanors Appear

Misdemeanors appear on most standard background checks, but not all. Standard employment background checks (criminal database + county court search): yes, misdemeanors appear. FBI Identity History Summary: yes, if the arresting agency submitted fingerprints to the FBI. Tenant/housing background checks: yes, along with credit and eviction history. National criminal database searches: yes, but these databases may have gaps for some counties. State criminal repository checks: yes, for that state. NICS gun purchase checks: misdemeanor domestic violence convictions result in a firearms prohibition under federal law. The only checks where misdemeanors commonly do not appear are basic employment verification checks (which only confirm job title and dates) and education verification checks.

Getting a Misdemeanor Off Your Record

Many misdemeanors can be expunged, sealed, or set aside — which removes them from most background checks. Eligibility varies by state but generally requires completing your sentence (including probation), waiting a set period (typically 1 to 5 years for misdemeanors), having no new convictions, and the offense being eligible under your state's expungement law. Several states now have automatic expungement or 'clean slate' laws that seal eligible records without requiring you to file a petition. California automatically seals most misdemeanor convictions after 4 years. Pennsylvania's Clean Slate Law automatically seals certain misdemeanors after 10 years. Utah, Michigan, Connecticut, and other states have similar automatic expungement programs. Check our state-by-state expungement guide to see if your misdemeanor qualifies.

Misdemeanor vs. Felony on a Background Check

Both misdemeanors and felonies appear on background checks, but employers generally treat them very differently. Misdemeanors are considered less serious offenses, typically punishable by up to 1 year in county jail and/or a fine. Felonies are more serious, punishable by more than 1 year in state or federal prison. Many employers who automatically disqualify felony convictions will still consider applicants with misdemeanor records, especially for minor offenses like disorderly conduct or simple trespassing. The EEOC guidance instructs employers to consider the nature of the offense, the time elapsed, and relevance to the job — a process called 'individualized assessment.' A 10-year-old misdemeanor for disorderly conduct should carry far less weight than a recent felony theft conviction.

Frequently Asked Questions

Will a misdemeanor show up on a background check?

Yes. Misdemeanor convictions show up on most standard background checks, including employment, housing, and FBI checks. Under federal FCRA rules, convictions can be reported indefinitely. However, 11 states limit conviction reporting to 7 years or less for certain jobs. Arrests without conviction can only be reported for 7 years under federal law, and some states prohibit reporting non-conviction arrests entirely.

How long does a misdemeanor stay on your record?

A misdemeanor stays on your criminal record permanently unless you get it expunged, sealed, or your state has an automatic clean slate law. The record does not disappear on its own after 7 years — that is a common misconception. The 7-year rule only limits what consumer reporting agencies can include on background check reports in certain states, not what exists in court records. To actually remove a misdemeanor from your record, you need to pursue expungement through the court system.

Does the 7-year rule apply to misdemeanor convictions?

Under federal FCRA rules, the 7-year limit only applies to non-conviction records (arrests that did not result in conviction). Misdemeanor convictions can be reported indefinitely under federal law. However, 11 states have their own laws limiting conviction reporting to 7 years or less: California, Colorado, Kansas, Maryland, Massachusetts (3 years for misdemeanors), Montana, New Hampshire, New Mexico, New York, Texas, and Washington. Even in these states, exceptions exist for higher-salary positions.

Can I get a job with a misdemeanor on my record?

Yes. Many employers hire people with misdemeanor records, especially when the offense is minor, old, or unrelated to the job. Ban-the-box laws in 37+ states and 150+ cities prevent employers from asking about criminal history on the application. The EEOC requires employers to conduct an individualized assessment considering the nature of the offense, time elapsed, and relevance to the job. Honesty and preparation are your best tools — be ready to briefly explain what happened and what has changed since then.

Do misdemeanors show up on FBI background checks?

Yes, if the arresting agency submitted your fingerprints to the FBI at the time of arrest. The FBI Identity History Summary includes all arrests (both felony and misdemeanor) reported to the FBI, along with their dispositions. However, not all misdemeanor arrests are reported to the FBI — some local police departments do not submit fingerprints for minor misdemeanors. If your misdemeanor has been expunged, the FBI record should be updated, though this process is not always immediate.

Will a dismissed misdemeanor show up on a background check?

It depends. A dismissed misdemeanor (charge filed but not convicted) can appear on background checks for up to 7 years under federal FCRA rules. After 7 years, consumer reporting agencies cannot include it. Some states, including California, New York, and Kentucky, prohibit reporting non-conviction records entirely, regardless of when they occurred. If a dismissed charge is appearing on your background check, you may be able to have it sealed or expunged through the court system to remove it sooner.

How do I explain a misdemeanor to a potential employer?

Keep it brief, honest, and forward-looking. Acknowledge what happened in one or two sentences without making excuses. Take responsibility. Then immediately pivot to what you learned and what has changed since — completed treatment, steady employment, education, community involvement. Practice your explanation until you can deliver it in under two minutes. Time the disclosure for the middle of the interview, not the beginning or end. Offer references who can speak to your character and work ethic.

Can I get a misdemeanor expunged?

In most states, yes. Misdemeanors are generally easier to expunge than felonies. Requirements typically include completing your sentence (including probation), waiting a set period (usually 1 to 5 years for misdemeanors), having no new convictions during the waiting period, and the offense being eligible under your state's expungement law. Some states, including California, Pennsylvania, Utah, and Michigan, now automatically seal eligible misdemeanors after a set period. Check our state-by-state expungement guide to see your eligibility.

Do misdemeanors show up on apartment background checks?

Yes. Tenant background checks typically include criminal history, and misdemeanor convictions will appear. However, HUD guidance states that blanket bans on renting to people with criminal records may violate the Fair Housing Act because of disparate impact on racial minorities. Several cities and states, including San Francisco, Seattle, and Cook County (Chicago), have passed laws limiting landlords' use of criminal history in tenant screening. If you are denied housing based on a misdemeanor, ask the landlord about their specific policy and your right to an individualized assessment.