Key Takeaways

• Yes, a misdemeanor can affect employment, especially if there is a conviction and the offense relates directly to the job.
• An arrest, charge, and conviction are different. Under California law, employers generally cannot consider certain arrests that did not lead to a conviction.
• Certain misdemeanors may raise more employment concerns, including DUI, theft, fraud, and offenses involving violence or conduct related to the job.
• A misdemeanor does not automatically mean you cannot get hired. Covered California employers generally must conduct an individualized assessment rather than imposing a blanket ban based on a criminal record.
• Professional licenses may have separate rules. The impact can depend on the specific profession, licensing board, and relationship between the offense and the work.

Most people understand that a felony conviction can affect future employment. A felony may appear on a background check and create serious challenges when applying for certain jobs, professional licenses, or positions involving trust and responsibility.

But what about a misdemeanor?

Many people assume a misdemeanor is “not that serious” and will not affect their career. Unfortunately, that is not always true. In Riverside County, a misdemeanor charge or conviction can potentially affect employment opportunities. However, the consequences often depend on the type of offense, whether there was a conviction, how long ago it happened, and the job you are applying for.

The good news is that California law provides important employment protections for many people with criminal records. Still, a misdemeanor should never automatically be treated as harmless.

Can Employers See a Misdemeanor on a Background Check?

Potentially, yes. A misdemeanor conviction may appear in a criminal background check. However, an important distinction exists between being arrested, being charged, and being convicted.

Under California’s Fair Chance Act, many employers with five or more employees generally cannot ask about or consider an applicant’s criminal history before making a conditional offer of employment. After a conditional offer, an employer may be able to conduct a background check and consider certain convictions.

Generally, employers also cannot consider certain information, including:

• Arrests that did not result in a conviction
• Participation in certain pretrial or posttrial diversion programs
• Convictions that have been sealed, dismissed, expunged, or otherwise legally eradicated

Therefore, simply being arrested for a misdemeanor does not necessarily have the same employment consequences as being convicted.

Which Misdemeanors Can Cause Employment Problems?

Not every misdemeanor will affect every job in the same way. Instead, employers generally must consider the relationship between the conviction and the position.

Still, certain misdemeanor convictions may raise greater concerns for specific types of employment.

DUI and Driving-Related Offenses

A conviction for driving under the influence under California Vehicle Code 23152 (VC 23152) could be particularly important for jobs that involve driving.

For example, a misdemeanor DUI may potentially affect someone applying for work as a:

• Commercial driver
• Delivery driver
• Rideshare driver
• School transportation employee
• Employee required to drive a company vehicle

The impact can also depend on the employer’s policies, insurance requirements, and the specific duties of the job.

Theft, Fraud, and Dishonesty Offenses

Misdemeanor offenses involving theft or dishonesty can also create employment concerns, especially for jobs involving money, financial information, or access to valuable property.

For example, California Penal Code 484 (PC 484) addresses theft-related conduct. Depending on the circumstances and the value of the property involved, a theft offense may be charged as a misdemeanor or another level of offense.

A conviction involving theft, fraud, or dishonesty may be especially relevant when applying for positions involving:

• Banking or financial services
• Cash handling
• Accounting
• Retail management
• Positions involving access to sensitive information
• Violence, Domestic Violence, or Other Serious Conduct

Some misdemeanor convictions involving violence can also affect employment opportunities.

Depending on the facts and charges, an employer may have concerns about whether the conduct has a direct relationship to the duties or environment of a particular job. In addition, certain professions and jobs involving children, vulnerable adults, security, or public safety may have additional legal or licensing requirements.

This does not mean that one misdemeanor automatically prevents someone from getting a job. Instead, the specific conviction and position matter.

Can an Employer Automatically Refuse to Hire You Because of a Misdemeanor?

Generally, California employers covered by the Fair Chance Act cannot simply reject every applicant with a criminal record. After a conditional offer is made, an employer that considers criminal history must generally conduct an individualized assessment. This includes considering:

• The nature and seriousness of the conduct
• How much time has passed
• The nature and duties of the job

In other words, a misdemeanor from years ago that has little connection to the position should not necessarily be treated the same as a recent conviction directly related to the job.

If an employer plans to take back a conditional job offer because of criminal history, California law generally requires a process that includes written notice and an opportunity for the applicant to respond. The applicant may be able to challenge inaccurate information or provide evidence of rehabilitation and mitigating circumstances.

Of course, some jobs may be subject to separate state or federal laws requiring background checks or restricting employment based on particular criminal convictions.

What About Professional Licenses?

A misdemeanor can also potentially affect a professional license or application for a license.

Under California Business and Professions Code 475 (BPC 475), certain licensing decisions may involve a person’s conviction of a crime or conduct involving dishonesty, fraud, or deceit. However, a conviction does not automatically mean someone will lose every professional opportunity.

The rules can vary depending on the profession and licensing board.

For example, the consequences of a misdemeanor may be different for someone working in real estate, health care, education, law enforcement, or another licensed profession.

Additionally, even when a case is dismissed under California Penal Code 1203.4 (PC 1203.4), there can still be exceptions and situations where a conviction or underlying case may remain relevant for certain licensing or employment purposes.

That is why the exact result of a criminal case matters.

A Misdemeanor May Be “Less Serious,” But It Can Still Affect Your Future

A misdemeanor is generally less serious than a felony. However, that does not mean the consequences disappear once a person leaves the courtroom.

Depending on the charge and circumstances, a misdemeanor could potentially affect:

• Job opportunities
• Professional licensing
• Background checks
• Jobs requiring driving
• Positions involving money or sensitive information
• Career advancement

The severity of those consequences can vary widely. A recent misdemeanor directly related to a job may cause more concern than an old offense with no connection to the position.

If you have been charged with a misdemeanor in Riverside County, it is important to take the case seriously from the beginning. The criminal outcome may affect more than fines, probation, or jail time, and it may also impact your future opportunities. Call Inland Empire Criminal Defense today at 909-939-7126 to speak with an experienced criminal defense attorney who has handled hundreds of cases similar to yours. We can review your case, explain your options, and fight to protect your rights and future. Your first consultation is free.

FAQs

Can a misdemeanor stop me from getting a job in Riverside County?

Not automatically. A misdemeanor conviction can affect some employment opportunities, but covered employers generally must consider the nature of the offense, how much time has passed, and the relationship between the conviction and the job.

Will a pending misdemeanor charge show up on a background check?

A pending charge and a conviction are different. California law places restrictions on what many employers can ask about and consider during the hiring process, and certain arrests that did not result in a conviction generally cannot be considered.

Can an employer take back a job offer because of a misdemeanor?

In some situations, yes, but covered employers generally cannot simply rescind a conditional offer without following California’s required process. They generally must conduct an individualized assessment, provide written notice of a preliminary decision, and give the applicant an opportunity to respond with information about rehabilitation, mitigating circumstances, or inaccuracies in the background report.