You’ve put a mistake behind you. You’re ready for a fresh start. But every time you apply for a job, the same question nags at you: Will a misdemeanor affect employment?
Yes, it can create real barriers. But California has some of the strongest protections in the country for job seekers with criminal records.
Discover how a criminal record impacts your job search, what employers can and cannot ask, and practical steps to improve your chances of landing the position you want.
How a Criminal Record Can Affect Job Prospects
A misdemeanor conviction creates obstacles when you’re looking for work. Most employers run background checks. When they do, your conviction appears.
Different Industries, Different Rules
Some fields scrutinize criminal history more than others. For instance:
- Healthcare positions often require clean records because staff work with vulnerable patients
- Financial institutions look closely at conviction history because employees handle money and sensitive data
- Jobs involving children typically require thorough background screening
Other sectors take a more flexible approach. Retail, hospitality, construction, and many service industries focus more on your skills and work ethic.
What Type of Offense Matters
A misdemeanor typically creates fewer barriers than a felony conviction. But the specific offense still matters.
Factors to consider:
- A DUI conviction might block you from driving positions
- A theft-related offense may disqualify you from cashier roles
- Drug-related convictions can affect healthcare and pharmaceutical jobs
How directly your offense relates to the job responsibilities determines whether an employer can use it against you. A conviction that has nothing to do with the position you’re applying for carries less weight under California law.
A criminal conviction can impact:
- Passing initial employment screenings
- Professional licenses in regulated fields
- Acceptance into apprenticeship programs
- Government jobs and positions requiring security clearances
- Advancement opportunities within your current company
California law prohibits many forms of employment discrimination based on criminal history.
You have more protection than you realize.
What Employers in California Can and Cannot Ask
Two major California laws protect job seekers with criminal records: the Fair Chance Act and Labor Code Section 432.7.
California’s “Ban the Box” Protections
The Fair Chance Act, codified at Government Code Section 12952, applies to most California employers with five or more employees. It states what employers cannot do, which are:
- Employers cannot include questions about your conviction history on initial job applications
- Employers cannot ask about your criminal background during interviews or early screening stages
- Background checks can only happen after the employer extends a conditional offer of employment
When conducting a criminal background check, employers cannot consider:
- Arrests that didn’t result in conviction (unless you’re currently out on bail)
- Participation in pretrial or posttrial diversion programs
- Convictions that have been sealed, dismissed, expunged, or statutorily eradicated
- Records involving juvenile court proceedings
Your qualifications get reviewed first. Not your past.
Labor Code Section 432.7 Adds More Protection
This law prohibits employers from asking applicants about arrests or detentions that didn’t lead to a conviction. Employers also cannot use records of such arrests when making hiring decisions.
An arrest alone proves nothing, and California law recognizes the presumption of innocence.
When Exceptions Apply
Some positions are exempt from ban the box requirements:
- Jobs with criminal justice agencies
- Positions where law requires criminal background checks
- Farm labor contractors
- Roles where federal or state law restricts employment based on criminal history
Limited exceptions exist for positions requiring firearm possession during employment or when state or federal law mandates criminal background checks.
The Individualized Assessment Process
After you receive a conditional job offer, the employer may run a background check. If your conviction history appears, they can’t just pull the offer. California law requires a specific process.
What Employers Must Consider
When an employer intends to deny employment because of conviction history, they must conduct an individualized assessment. This assessment determines whether your conviction history has a direct and adverse relationship with the specific duties of the job.
Three factors the employer must weigh:
- Nature and gravity of the offense
- What type of crime was it?
- How serious was the conduct?
- Time passage
- How long ago did the conviction occur?
- Have you completed all sentencing requirements?
- Job duties
- Does your conviction directly relate to the responsibilities of this position?
California regulations now require this individualized assessment to be a “reasoned, evidence-based determination.” Employers can’t use blanket policies or gut feelings.
Your Rights During the Process
If an employer makes a preliminary decision to rescind your offer based on conviction history, they must provide written notification containing:
- Notice of which conviction forms the basis for the preliminary decision
- A copy of the conviction history report
- Explanation of your right to respond before the decision becomes final
- The deadline by which you must respond (at least five business days)
This window gives you the chance to:
- Challenge errors in the background check report
- Provide evidence of rehabilitation
- Explain mitigating circumstances
- Show why the conviction doesn’t affect your ability to do the job
If the employer still wants to deny employment after receiving your response, they must provide final written notice.
This notice must include information about how to challenge the decision and your right to file a complaint with the California Civil Rights Department.
How Will Misdemeanor Affect Employment in California Compared to Other States
California offers significantly more protection than many other states.
Why California’s laws matter:
According to California’s Civil Rights Department, the Fair Chance Act reduces barriers to employment for individuals with conviction histories.
Gainful employment helps people support themselves and their families, improves community ties and mental health, and reduces recidivism.
How California stacks up:
- Some states have no statewide ban the box laws
- Others only apply restrictions to public sector jobs
- California protects nearly all private employers with five or more employees
Federal Protections
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination that has a disparate impact based on race or national origin.
Because arrest and conviction rates differ across racial groups, blanket policies excluding all applicants with criminal records may violate federal law.
Steps to Minimize the Impact of a Conviction on Your Record
You have options for reducing how a conviction affects your job search.
1. Consider Expungement
California Penal Code Section 1203.4 allows eligible people to petition for dismissal of convictions. This is commonly called expungement.
After a successful expungement, you generally don’t have to disclose the conviction to private employers, even after a conditional employment offer.
You may qualify for expungement if you:
- Successfully completed misdemeanor or felony probation
- Are not currently charged with a crime, on probation, or serving a sentence
Some convictions cannot be expunged:
- Certain serious and violent felonies
- Sex offenses requiring registration
- Convictions where you served time in California state prison
What expungement does for your job search:
Background checks may still show the conviction and dismissal. But California law prohibits employers from using a dismissed conviction against you in hiring decisions.
Government jobs or positions requiring state licenses may still require disclosure. For most private sector employment, expunged records don’t need to be mentioned.
2. Get Your Own Background Check First
Know what’s on your record before employers do. This lets you spot errors and prepare explanations.
3. Let Time Work in Your Favor
The longer it’s been since your conviction, the less weight it carries. San Francisco’s Fair Chance Ordinance prevents employers from considering convictions more than seven years old for most positions.
4. Prepare an Honest Explanation
When conviction history comes up, address it directly:
- What you’ve learned since the offense
- Steps you’ve taken toward rehabilitation
- How you’ve demonstrated reliability and growth
- Why the past conviction doesn’t affect your ability to perform this specific job
5. Lead with Your Qualifications
Spotlight your skills, experience, and work ethic during initial application and interview stages. Make yourself the obvious choice before criminal history enters the conversation.
6. Talk to a Criminal Defense Attorney
An attorney can determine whether you’re eligible for expungement or other post-conviction relief. They can also explain how your specific conviction may impact different types of employment.
What to Do If You Face Employment Discrimination
Despite California’s strong protections, some employers still violate the law.
Red flags to watch out for:
- Questions about criminal history on the initial job application
- Asking about arrest records during early interview stages
- Rescinding a conditional offer without conducting an individualized assessment
- Using information about sealed, dismissed, or expunged convictions
- Asking about participation in diversion programs
- Blanket policies automatically excluding anyone with any conviction
You Have Legal Options
If an employer violates Labor Code Section 432.7, you can:
- File a civil lawsuit to recover actual damages, costs, and reasonable attorney fees
- For intentional violations, you may be entitled to treble damages, plus attorneys fees.
For Fair Chance Act violations, you can:
- File a complaint with the California Civil Rights Department
- Pursue a lawsuit under the Fair Employment and Housing Act for the full range of available remedies
- Can include compensatory damages and attorney fees
Things You Can Do Now
Document everything – Keep copies of job applications, correspondence, and notes about conversations with the employer
File a complaint – Contact the California Civil Rights Department if you believe your rights were violated
Seek legal counsel – An employment attorney or criminal defense attorney can evaluate your situation and advise on next steps
You Have The Right To Be Judged On Your Qualifications, Not Just Your Past
A misdemeanor conviction creates obstacles. But it doesn’t have to derail your career.
Will a misdemeanor affect employment? Yes, it can. But through California law, you have legal tools to prevent it.
Explore your legal options if you’re dealing with the employment consequences of a past conviction. Call The Nieves Law Firm to learn what options might be available to help you move forward.
This article is for informational purposes only and does not constitute legal advice. Laws may change, and individual circumstances vary. For guidance on a specific situation, consult a qualified attorney.
