The phrase “you can’t escape your past” may seem like a cliché, but it is a harsh reality for those facing misdemeanor charges in California. If you find yourself in such a situation, chances are that you are already worrying about your future even before a decision has been made.
Will a misdemeanor conviction appear on a background check, and if so, how will it impact your life?
Most misdemeanors will appear
Background checks often reveal criminal records, including arrests and convictions. The impact of this information on your life depends on several factors:
- The type of background check conducted
- The specific misdemeanor offense
- The time elapsed since the conviction
- The policies of the requesting party
Those with criminal records, even for minor offenses, may face challenges securing employment and housing, as employers and landlords may hesitate to consider them. Some organizations and educational institutions also factor in criminal history in their decision-making processes.
You have legal options and protections
California’s “Ban the Box” law bars employers from inquiring about conviction history before making a job offer. This gives applicants a fair chance to showcase their qualifications first.
The state also follows the “Seven-Year Rule” for reporting criminal convictions. Most employers can only see convictions within the past seven years on a background check. There are exceptions to this rule, especially for certain jobs in education, healthcare or government.
Expungement and sealing a record are also potential solutions. Expungement means dismissing and removing the conviction from your record while sealing makes it inaccessible to most employers. Both options can minimize the disruption a criminal record can cause to your life.
Ultimately, before you contemplate your future should you face a conviction, it is crucial to fight the charges first. A consultation with a knowledgeable defense attorney can help illuminate your path forward.