A misdemeanor conviction may seem less serious than a felony, but it can still influence whether an employer offers someone a job. And misdemeanors that prevent employment can affect applicants in ways that many don’t anticipate.
Read about how background checks work and how certain offenses are evaluated. This blog also explains why legal options exist to address a record that can help applicants approach the hiring process more strategically.
How Background Checks Work in Missouri
Employers in Missouri frequently conduct background checks to review an applicant’s criminal record. This information often plays a significant role in hiring decisions, especially for regulated industries or positions of trust.
Employers commonly access criminal history through a variety of sources:
- Missouri State Highway Patrol’s Criminal Justice Information Services (CJIS) Division, which includes state-level convictions and arrests
- FBI fingerprint checks, often required for positions in healthcare, education, and security
- Private background screening services, which compile information from multiple databases
These background checks may occur before an interview, after a conditional offer of employment, or at both stages.
Missouri law does not prohibit private employers from asking about criminal history. Some local “Ban the Box” ordinances (for example, in Kansas City and Columbia) restrict when employers may ask about it.
How a Misdemeanor Conviction Can Affect Employment
A misdemeanor can impact employment in different ways depending on the type of job, the nature of the offense, and the employer’s policies.
Some fields have stricter standards because of legal or regulatory obligations.
Certain industries are more sensitive to misdemeanor convictions:
- Healthcare and childcare roles often require clean records because they involve vulnerable populations
- Financial and fiduciary positions rely heavily on trust and may disqualify applicants with theft or fraud convictions
- Transportation and commercial driving jobs may deny applicants with DWI (Driving While Intoxicated) convictions
- Government or public sector positions frequently involve mandatory background screenings
Different types of misdemeanors can carry different weights during the hiring process. Offenses that are closely related to job duties are more likely to affect hiring decisions than unrelated or minor infractions.
Examples include:
- DWI or DUI convictions
- Can disqualify applicants for driving or delivery positions.
- Theft or fraud offenses
- Can lead to disqualification for jobs involving money or sensitive information
- Assault or domestic violence misdemeanors
- Can impact security or customer-facing roles
- Drug-related misdemeanors
- May affect jobs in regulated industries or those requiring security clearances
Such examples show how employers align offenses with job responsibilities rather than applying a single rule to every situation.
Missouri Laws on Criminal Records and Employment
Missouri law gives employers broad discretion to consider an applicant’s criminal history. But some state and federal protections exist to regulate how that information can be used.
State Restrictions and Employer Obligations
Missouri imposes certain limits on how criminal history affects occupational licensing:
- Under RSMo §324.012, licensing authorities generally cannot deny a license solely because of a criminal record unless the offense is directly related to the duties and responsibilities of the occupation
- Some cities in Missouri delay when employers can inquire about criminal history by prohibiting these questions on initial job applications
- Employers using third-party screeners must follow the Fair Credit Reporting Act (FCRA)
- It requires notifying applicants if adverse action is taken based on background reports, allowing them to dispute errors
The rules do not prevent employers from considering convictions, but they create boundaries to ensure decisions are job-related and based on accurate information.
Federal Anti-Discrimination Protections
At the federal level, Title VII of the Civil Rights Act of 1964 and guidance from the Equal Employment Opportunity Commission (EEOC) restrict how criminal records can be used in hiring.
Employers must assess each case individually by considering:
- The nature and seriousness of the offense
- The time that has passed since the conviction
- How closely the offense relates to the responsibilities of the job
Blanket bans on hiring people with criminal records may violate federal law if they disproportionately impact protected groups and are not justified by business necessity.
Misdemeanors That Prevent Employment and Expungement Options
For many people with misdemeanor convictions, expungement (record sealing) can be a valuable legal option. It allows certain records to be sealed from public view, including most employer background checks, once eligibility requirements are met.
Expungement Eligibility Under Missouri Law
Missouri law permits expungement of many misdemeanors after a three-year waiting period following the completion of the sentence, including probation or parole.
However, certain offenses are excluded, including violent crimes, sex offenses, and repeat DWI convictions.
Benefits and Limitations of Expungement
Expungement provides several practical benefits for job seekers:
- Expunged convictions are sealed from most background checks, giving applicants a better chance during the hiring process
- In most cases, applicants may legally answer “no” when asked about criminal history on employment forms
Who can still access sealed records:
- Certain government agencies
- Law enforcement
- Licensing boards
Federal background checks may still reveal sealed records, especially for security clearance or federal employment. Even with these limits, expungement can significantly improve employment prospects.
Additional Factors That Influence Hiring Decisions
Two major elements shape how misdemeanors affect employment: employer discretion and industry regulations.
- The Role of Employer Discretion
Many employers weigh factors like rehabilitation, references, and the time elapsed since the conviction. They are not legally required to reject applicants with misdemeanors, and some may overlook older or unrelated offenses.
The Role of Industry-specific Regulations
These can be stricter. Jobs in healthcare, education, or commercial driving often follow state or federal rules that limit hiring applicants with certain convictions.
In said fields, employers may have less flexibility to make exceptions.
How a Criminal Record Appears in Employment Background Checks
Employers may conduct different types of background checks depending on the role and industry. Some checks occur before interviews, while others take place after a conditional offer.
A Missouri employment background check typically includes:
- Misdemeanor and felony convictions, with dates and details
- Pending charges or recent arrests, depending on the reporting source
- Expunged or sealed records, which usually do not appear to most private employers
- Probation or sentence information, depending on the database used
Understanding what will appear on a background check allows applicants to prepare beforehand. It paves the way for gathering documentation, seeking legal advice, or pursuing expungement before applying for jobs.
Why Misdemeanor Records Shouldn’t Be Ignored
A misdemeanor conviction can affect hiring decisions in significant ways. Some offenses can disqualify applicants from specific roles, especially in regulated industries. Others may influence employers indirectly.
Applicants who understand how their records are viewed have a better chance of addressing potential issues before they arise.
Talk to Rose Legal Services. Their attorneys can help you explore record-clearing options and provide guidance on improving your employment prospects.
This article provides general information about misdemeanors that prevent employment and is not legal advice. Laws change, and every case is different. Consult a qualified Missouri criminal defense attorney for advice about a specific situation.
