You just got offered a job. Then, a background check pulls up an old misdemeanor. Now, the employer is rethinking their decision. Or maybe you’re in school, planning for your future, and suddenly facing a criminal charge. Will a misdemeanor affect employment? In Texas, a single misdemeanor can impact job prospects, professional licenses, and opportunities in government-related positions.
Understanding misdemeanors that prevent employment is key to protecting your career and reputation. Whether you’re facing charges, have an old conviction, or are worried about how employers may view your record, this article breaks it down in plain language.
How Employers View Misdemeanors in Texas
Private employers in Texas are allowed to consider criminal records when deciding on hiring. That means most private employers can legally factor in the following when reviewing your record:
- Whether you were arrested or convicted,
- The nature of the offense (violent vs. non-violent),
- How long ago it occurred, and
- Whether it relates to the job you’re applying for.
There are also federal and state rules that add some protections. The Equal Employment Opportunity Commission (EEOC) requires that any hiring decision based on a criminal record must be job-related and consistent with business necessity.
In other words, an old shoplifting conviction shouldn’t keep you from getting a landscaping job. However, a recent theft charge might concern an employer hiring you for a cashier position.
What Are Misdemeanors That Prevent Employment?
Misdemeanor charges can affect employment, particularly in roles requiring trust, safety, or public interaction, such as those in healthcare, education, or public safety. The types of misdemeanors that typically interfere with job prospects include:
- Family violence. Any domestic assault conviction can disqualify you from positions involving vulnerable populations.
- Theft or fraud. Employers may see these charges as red flags for jobs involving money, inventory, or confidential data.
- Drug possession. A conviction can limit roles requiring a commercial driver’s license or federal clearance.
- DWI/DUI. It may disqualify applicants for driving jobs or positions requiring a clean safety record.
- Indecent exposure or public lewdness. These offenses can be a barrier to employment in education, healthcare, or childcare fields.
This list is not exhaustive, and employers have discretion. But some state agencies are legally required to deny professional licenses based on specific misdemeanor convictions.
For individuals applying for a job that requires a license, such as nursing, real estate, or HVAC, understanding how your record may affect your eligibility is essential.
Can You Get a Job with a Misdemeanor in Texas?
You can still get hired, but the road may be more challenging. Texas employers have a lot of freedom in who they hire, but many also understand that people make mistakes and change. If you’re concerned your past might roadblock a job offer, here are some innovative ways to get ahead of it:
- Be honest. If asked about your record, don’t lie. You can explain the circumstances and what you’ve done since.
- Know your rights. Some employers are prohibited from asking about arrests that didn’t lead to convictions.
- Request a background check on yourself. This way, you can see what employers see and proactively prepare to address any potential questions during job interviews.
- Highlight your strengths. Work history, letters of recommendation, and personal growth all matter.
Taking these steps doesn’t guarantee success, but they can dramatically improve your chances and give you more control during the hiring process.
Will a Misdemeanor Affect Employment with the Government?
The answer depends on the agency, the offense, and the job role, for example:
- State jobs. Texas agencies often run fingerprint-based background checks and have internal rules about what types of misdemeanors are disqualifying.
- Federal jobs. Applicants must pass suitability screening. While a misdemeanor won’t automatically disqualify you, some convictions may raise concerns, especially if they involve dishonesty or violence.
- Public school roles. Background checks are required for teaching, custodial, and administrative roles. Under Texas law, certain offenses will disqualify applicants.
It’s important to note that not all misdemeanors result in automatic rejection. Agencies often evaluate criminal history alongside factors like rehabilitation, time since the offense, and relevance to the position. Whether you’re applying for a public or private job, one thing is consistent: your criminal record follows you unless you take steps to address it.
How Long Does a Misdemeanor Stay on Your Record in Texas?
A misdemeanor stays on your criminal record forever unless you take legal action. However, there are two options to limit public access:
- Expunction. A complete erasure of certain records. Available if your case was dismissed, you were acquitted, or you completed a qualifying diversion program.
- Order of nondisclosure. A status that prevents most employers from accessing sealed records. They are available after the successful completion of deferred adjudication probation for eligible offenses.
You must meet specific requirements and wait periods to apply. Still, these orders can give you a fresh start in the job market if granted.
Why Hiring a Defense Lawyer Early Makes a Difference
Many people wait until a conviction before seeking legal help, but early representation often leads to better outcomes. At The Carmichael Law Firm, P.C., we work with Texans worried about jail time and their families, jobs, and educational goals.
We know that even a Class B misdemeanor can derail someone’s plans. This is why we manage a limited number of cases, provide individualized attention to each client, and consider the long-term impact of every case. Whether negotiating for dismissal, arguing for a reduced charge, or guiding someone toward record sealing, our mission is to fight for second chances.
A misdemeanor charge doesn’t have to cost you the career you’ve worked hard to build. But taking action early is critical. If you’re facing a charge or worried about your record, let The Carmichael Law Firm, P.C. help you protect your job prospects and regain control of your future before the damage becomes permanent.
Frequently Asked Questions
Can Employers See Misdemeanors on a Background Check?
Yes. In Texas, most background checks show misdemeanors unless sealed or expunged.
Are Misdemeanors Always Disqualifying for Professional Licenses?
Not always. Each licensing board has its own rules, but many allow people to explain their history and show rehabilitation.
Can I Be Fired for a Misdemeanor Arrest?
It depends on your job and employment agreement. Texas is an at-will employment state, which means employers can terminate you for almost any reason, including an arrest that hasn’t led to a conviction.
